1-1 By: Armbrister S.B. No. 1739
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Finance; April 18, 1997,
1-4 reported favorably by the following vote: Yeas 9, Nays 0;
1-5 April 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the listing on an ad valorem tax appraisal roll of
1-9 certain possessory interests in exempt property.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (b), Section 25.07, Tax Code, is
1-12 amended to read as follows:
1-13 (b) Except as provided by Subsections (b) and (c) of Section
1-14 11.11 of this code, a leasehold or other possessory interest in
1-15 exempt property may not be listed if:
1-16 (1) the property is permanent university fund land;
1-17 (2) the property is county public school fund
1-18 agricultural land;
1-19 (3) the property is a part of a public transportation
1-20 facility owned by an incorporated city or town and:
1-21 (A) is an airport passenger terminal building or
1-22 a building used primarily for maintenance of aircraft or other
1-23 aircraft services, for aircraft equipment storage, or for air
1-24 cargo;
1-25 (B) is an airport fueling system facility;
1-26 (C) is in a foreign-trade zone:
1-27 (i) that has been granted to a joint
1-28 airport board under Chapter 129, Acts of the 65th Legislature,
1-29 Regular Session, 1977 (Article 1446.8, Vernon's Texas Civil
1-30 Statutes);
1-31 (ii) the area of which in the portion of
1-32 the zone located in the airport operated by the joint airport board
1-33 does not exceed 2,500 acres; and
1-34 (iii) that is established and operating
1-35 pursuant to federal law; or
1-36 (D)(i) is in a foreign trade zone established
1-37 pursuant to federal law after June 1, 1991, which operates pursuant
1-38 to federal law;
1-39 (ii) is contiguous to or has access via a
1-40 taxiway to an airport located in two counties, one of which has a
1-41 population of 500,000 or more according to the federal decennial
1-42 census most recently preceding the establishment of the foreign
1-43 trade zone; and
1-44 (iii) is owned, directly or through a
1-45 corporation organized under the Development Corporation Act of 1979
1-46 (Article 5190.6, Vernon's Texas Civil Statutes), by the same
1-47 incorporated city or town which owns the airport;
1-48 (4) the interest is in a part of a park, market,
1-49 fairground, or similar public facility that is owned by an
1-50 incorporated city or town;
1-51 (5) the interest involves only the right to use the
1-52 property for grazing or other agricultural purposes; [or]
1-53 (6) the property is owned by the Texas National
1-54 Research Laboratory Commission or by a corporation formed by the
1-55 Texas National Research Laboratory Commission under Section
1-56 465.008(g), Government Code, and is used or is useful in connection
1-57 with an eligible undertaking as defined by Section 465.021,
1-58 Government Code; or
1-59 (7) the property is owned by an incorporated city or
1-60 town, a public port, or a navigation district created or operating
1-61 under Section 59, Article XVI, Texas Constitution, or under a
1-62 statute enacted under Section 59, Article XVI, Texas Constitution,
1-63 and is used as a facility or aid incidental or useful in the
1-64 operation or development of a port or waterway or in aid of
2-1 navigation-related commerce.
2-2 SECTION 2. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended,
2-7 and that this Act take effect and be in force from and after its
2-8 passage, and it is so enacted.
2-9 * * * * *