By Hilbert H.B. No. 2574
76R12186 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allocation for ad valorem tax purposes of the value of
1-3 certain business aircraft used outside this state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 21, Tax Code, is amended by adding
1-6 Section 21.055 to read as follows:
1-7 Sec. 21.055. BUSINESS AIRCRAFT. (a) If an aircraft is used
1-8 for a business purpose of the owner, is taxable by a taxing unit,
1-9 and is used continually outside this state, whether regularly or
1-10 irregularly, the appraisal office shall allocate to this state the
1-11 portion of the fair market value of the aircraft that fairly
1-12 reflects its use in this state. The appraisal office shall not
1-13 allocate to this state the portion of the total market value of the
1-14 aircraft that fairly reflects its use beyond the boundaries of this
1-15 state.
1-16 (b) The allocable portion of the total fair market value of
1-17 an aircraft described by Subsection (a) is presumed to be the fair
1-18 market value of the aircraft multiplied by a fraction, the
1-19 numerator of which is the number of departures by the aircraft from
1-20 a location in this state during the year preceding the tax year and
1-21 the denominator of which is the total number of departures by the
1-22 aircraft from all locations during the year preceding the tax year.
1-23 (c) This section does not apply to a commercial aircraft as
1-24 defined by Section 21.05.
2-1 SECTION 2. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended,
2-6 and that this Act take effect and be in force from and after its
2-7 passage, and it is so enacted.