SRC-DBM S.B. 1490 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1490
76R8908  JD-DBy: Duncan
Finance
4/9/1999
As Filed


DIGEST 

In 1989, the legislature passed the "Freeport Amendment" which was intended
to provide some tax relief by allowing Texas taxing entities to exempt
certain property from taxation if the tax would have been assessed against
product moving in interstate commerce and remaining in a Texas warehouse
for less than 175 days.  The "Freeport Amendment" did not provide the
desired tax relief because less than 100 of the 2,200 plus taxing entities
chose the amendment and because it did not apply to Texas products held in
storage in Texas warehouses.  S.B. 1490 would provides that a person is
entitled to an exemption from taxation of the appraised value of that
portion of the person's property that consists of goods-in-transit and
would require the chief appraiser, in determining the market value of
goods-intransit that in the preceding year were assembled, manufactured,
repaired, maintained, processed, or fabricated in this state, or used by a
person who acquired or imported the property in the repair or maintenance
of aircraft operated by a certficated air carrier, to exclude the cost of
equipment, machinery, or materials that entered into and became component
parts of the goods-in-transit but were not themselves goods-in-transit or
that were not transported to another location in this state, or out of this
state before the expiration of 270 days after the date they were brought
into this state by the property owner, or acquired by the property owner in
this state. 


PURPOSE

As proposed, S.B. 1490 sets forth provisions for the exemption of certain
tangible personal property held only temporarily for assembling,
manufacturing, processing, or other commercial purposes from ad valorem
taxation. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 11B, Tax Code, by adding Section 11.52, as
follows: 

 Sec. 11.252.  TANGIBLE PERSONAL PROPERTY IN TRANSIT.  (a)  Defines
"goods-intransit." 

(b)  Provides that a person is entitled to an exemption from taxation of
the appraised value of that portion of the person's property that consists
of goods-in-transit. 

(c)  Provides that the exemption provided by Subsection (b) is subtracted
from the market value of the property determined under Section 23.12 to
determine the taxable value of property. 

(d)  Requires the chief appraiser, except as provided by Subsections (f)
and (g), to determine the appraised value of goods-in-transit under this
subsection; to determine the percentage of the market value of inventory or
property owned by a property owner in the previous calendar year that was
contributed by goods-in-transit; for the first year to which an exemption
applies, to determine that percentage as if the exemption applied to the
preceding year; and to apply that percentage to the market value of the
property owner's inventory or property for the current year to determine
the appraised value of goods-in-transit for the current year. 

(e)  Requires the chief appraiser, in determining the market value of
goods-in-transit that in the  preceding year were assembled, manufactured,
repaired, maintained, processed, or fabricated in this state, or used by a
person who acquired or imported the property in the repair or maintenance
of aircraft operated by a certficated air carrier, to exclude the cost of
equipment, machinery, or materials that entered into and became component
parts of the goods-in-transit but were not themselves goods-in-transit or
that were not transported to another location in this state, or out of this
state before the expiration of 270 days after the date they were brought
into this state by the property owner, or acquired by the property owner in
this state.  Authorizes the chief appraiser, for component parts held in
bulk, to use the average length of time a component part was held at a
location in this state by the property owner during the preceding year in
determining whether the component parts were transported to another
location in this state or out of this state before the expiration of 270
days. 

(f)  Requires the chief appraiser to calculate the percentage of the market
value described in Subsection (d) for the portion of the year in which the
property owner was engaged in transporting goods-in-transit to another
location in this state or out of this state, if the property owner was not
engaged in transporting goods-in-transit to other locations in this state
or out of this state for the entire preceding year. 

(g)  Requires the chief appraiser to determine  the market value of  the
goods-in-transit to be exempt by determining, according to the property
owner's records and any other available information, the market value of
those goods-in-transit owned by the property owner on January 1 of the
current year, excluding the cost of equipment, machinery, or materials that
entered into and became component parts of the goods-in-transit but were
not themselves goods-in-transit, or that were not transported to another
location in this state or out of this state before the expiration of 270
days after the date they were brought into this state by the property owner
or acquired by the property owner in this state, if the property owner or
the chief appraiser demonstrates that the method provided by Subsection (d)
significantly understates or overstates the market value of the property
qualified for an exemption under Subsection (b) in the current year. 

(h)  Authorizes a chief appraiser by written notice to be delivered to a
property owner who claims an exemption under this section to require the
property owner to provide copies of property records to determine the
amount and value of goods-in-transit.  Provides that if the property owner
fails to deliver the information requested in the notice before the 31st
day after the date the notice is delivered to the  property owner, the
property owner forfeits the right to claim or receive the exemption for
that year. 

 (i)  Defines "petroleum products."

(j)  Provides that property that meets the requirements of Section 1-n(a),
Article VIII, Texas Constitution, constitutes goods-in-transit regardless
of whether a person owns the property on January 1 is the person who
transports it to another location in this state or out of this state. 

SECTION 2.  Amends Section 11.437(a), Tax Code, to authorize a person who
operates a warehouse used primarily for the storage of cotton for
transportation to another location in this state or outside this state, to
apply for an exemption under Section 11.251 or 11.252 for cotton stored in
the warehouse on behalf of all the owners of the cotton.  Provides that
cotton stored in  a warehouse covered by an exemption granted under this
section and transported to another location in this state or outside of
this state is presumed to have been transported to another location in this
state or outside of this state within the time permitted by Section 1-j or
1-n, rather than Section 1-j, Article VIII, Texas Constitution, for cotton
to qualify for an exemption under that section.  Makes confirming changes. 

SECTION 3.  Amends Section 22.01(e), Tax Code, to provide that
notwithstanding Subsections (a) and (b), a person is not required to render
for taxation cotton that is stored in a warehouse for which an exemption
for cotton has been granted under Section 11.437, rather than Section
11.436.  Makes conforming changes.  Makes a nonsubstantive change. 

SECTION 4.Effective date: January 1, 2000.
  Makes application of this Act prospective.

SECTION 5.Emergency clause.