By Duncan                                              S.B. No. 563
         76R3707 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the exemption of personal property from ad valorem
 1-3     taxation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11.01, Tax Code, is amended to read as
 1-6     follows:
 1-7           Sec. 11.01. REAL [AND TANGIBLE PERSONAL] PROPERTY.  (a)  All
 1-8     real [and tangible personal] property that this state has
 1-9     jurisdiction to tax is taxable unless exempt by law.
1-10           (b)  This state has jurisdiction to tax real property if
1-11     located in this state.
1-12           (c)  For a tax year that begins after December 31, 1999,
1-13     tangible personal property is not taxable.
1-14           (d)  On and after January 1, 2000, a provision of this code
1-15     or another law that would otherwise apply to the taxation of
1-16     tangible personal property for a tax year that begins after
1-17     December 31, 1999, has no effect.
1-18           (e)  Subsections (c) and (d) do not apply to personal
1-19     property taxable under Section 1(g), Article VIII, Texas
1-20     Constitution. [This state has jurisdiction to tax tangible personal
1-21     property if the property is:]
1-22                 [(1)  located in this state for longer than a temporary
1-23     period;]
1-24                 [(2)  temporarily located outside this state and the
 2-1     owner resides in this state; or]
 2-2                 [(3)  used continually, whether regularly or
 2-3     irregularly, in this state.]
 2-4           [(d)  Tangible personal property that is operated or located
 2-5     exclusively outside this state during the year preceding the tax
 2-6     year and on January 1 of the tax year is not taxable in this
 2-7     state.]
 2-8           SECTION 2.  Sections 22.01 and 22.05, Tax Code, are amended
 2-9     to read as follows:
2-10           Sec. 22.01.  RENDITION GENERALLY. (a)  [Except as provided by
2-11     Chapter 24 of this code, a person shall render for taxation all
2-12     tangible personal property used for the production of income that
2-13     he owns or that he manages and controls as a fiduciary on January
2-14     1.]
2-15           [(b)]  When required by the chief appraiser, a person shall
2-16     render for taxation any [other] taxable property that the person
2-17     [he] owns or that the person [he] manages and controls as a
2-18     fiduciary  on January 1.
2-19           (b) [(c)]  A person may render for taxation any property that
2-20     the person [he] owns or that the person [he] manages and  controls
2-21     as a fiduciary on January 1, although the person [he] is not
2-22     required to render it by Subsection (a)  [or (b) of this section].
2-23           (c) [(d)]  A fiduciary who renders property shall indicate
2-24     the person's [his] fiduciary capacity and shall state the name and
2-25     address of the owner.
2-26           [(e)  Notwithstanding Subsections (a)  and (b), a person is
2-27     not required to render for taxation cotton that:]
 3-1                 [(1)  the person manages and controls as a fiduciary;]
 3-2                 [(2)  is stored in a warehouse for which an exemption
 3-3     for cotton has been granted under Section 11.436; and]
 3-4                 [(3)  the person intends to transport outside of the
 3-5     state within the time permitted by Article VIII, Section 1-j, of
 3-6     the Texas Constitution for cotton to qualify for an exemption under
 3-7     that section.]
 3-8           Sec. 22.05.  RENDITION BY RAILROAD. (a)  A [In addition to
 3-9     other reports required by Chapter 24 of this code, a] railroad
3-10     corporation shall render the real property the railroad corporation
3-11     owns or possesses as of January 1.
3-12           (b)  The rendition shall:
3-13                 (1)  list all real property other than the property
3-14     covered by Subdivision (2) [of this subsection]; and
3-15                 (2)  list the number of miles of railroad together with
3-16     the market value per mile, which value shall include right-of-way,
3-17     roadbed, superstructure, and all buildings and improvements used in
3-18     the operation of the railroad[; and]
3-19                 [(3)  list all personal property as required by Section
3-20     22.01 of this code].
3-21           SECTION 3.  Section 23.12(a), Tax Code, is amended to read as
3-22     follows:
3-23           (a)  The [Except as provided by Sections 23.121, 23.1241,
3-24     23.124, and 23.127, the] market value of a real property [an]
3-25     inventory is  the price for which it would sell as a unit to a
3-26     purchaser who would continue the business.  A real property [An]
3-27     inventory includes [shall include] residential real property which
 4-1     has  never been occupied as a residence and is held for sale in the
 4-2     ordinary course of a trade or business, provided that the
 4-3     residential real property remains unoccupied, is not leased or
 4-4     rented, and produces no income.
 4-5           SECTION 4.  Section 403.302(d), Government Code, as amended
 4-6     by Section 44, Chapter 1039, Section 63, Chapter 1040, and Section
 4-7     27, Chapter 1071, Acts of the 75th Legislature, Regular Session,
 4-8     1997, is reenacted and amended to read as follows:
 4-9           (d)  For the purposes of this section, "taxable value" means
4-10     the market value of all taxable property less:
4-11                 (1)  the total dollar amount of any residence homestead
4-12     exemptions lawfully granted under Section 11.13(b) or (c), Tax
4-13     Code, in the year that is the subject of the study for each school
4-14     district;
4-15                 (2)  the total dollar amount of any exemptions granted
4-16     before May 31, 1993, within a reinvestment zone under agreements
4-17     authorized by Chapter 312, Tax Code;
4-18                 (3)  the total dollar amount of any captured appraised
4-19     value of property that is located in a reinvestment zone on August
4-20     31, 1999, generates a tax increment paid into a tax increment fund,
4-21     and is eligible for tax increment financing under Chapter 311, Tax
4-22     Code, under a reinvestment zone financing plan approved under
4-23     Section 311.011(d), Tax Code, before September 1, 1999;
4-24                 (4)  [the total dollar amount of any exemptions granted
4-25     under Section 11.251, Tax Code;]
4-26                 [(5)]  the difference between the comptroller's
4-27     estimate of the market value and the productivity value of land
 5-1     that qualifies for appraisal on the basis of its productive
 5-2     capacity, except that the productivity value estimated by the
 5-3     comptroller may not exceed the fair market value of the land;
 5-4                 (5) [(6)]  the portion of the appraised value of
 5-5     residence homesteads of the elderly on which school district taxes
 5-6     are not imposed in the year that is the subject of the study,
 5-7     calculated as if the residence homesteads were appraised at the
 5-8     full value required by law;
 5-9                 (6) [(7)]  a portion of the market value of property
5-10     not otherwise fully taxable by the district at market value because
5-11     of action required by statute or the constitution of this state
5-12     that, if the tax rate adopted by the district is applied to it,
5-13     produces an amount equal to the difference between the tax that the
5-14     district would have imposed on the property if the property were
5-15     fully taxable at market value and the tax that the district is
5-16     actually authorized to impose on the property, if this subsection
5-17     does not otherwise require that portion to be deducted;
5-18                 (7) [(8)  the market value of all tangible personal
5-19     property, other than manufactured homes, owned by a family or
5-20     individual and not held or used for the production of income;]
5-21                 [(9)]  the appraised value of property the collection
5-22     of delinquent taxes on which is deferred under Section 33.06, Tax
5-23     Code;
5-24                 (8) [(10)]  the portion of the appraised value of
5-25     property the collection of delinquent taxes on which is deferred
5-26     under Section 33.065, Tax Code; and
5-27                 (9) [(11)]  the amount by which the market value of a
 6-1     residence homestead to which Section 23.23, Tax Code, applies
 6-2     exceeds the appraised value of that property as calculated under
 6-3     that section.
 6-4           SECTION 5.  Article 4.01, Insurance Code, is amended to read
 6-5     as follows:
 6-6           Art. 4.01.  TAX OTHER THAN PREMIUM TAX.  (a)  All insurance
 6-7     companies incorporated under the laws of this state shall hereafter
 6-8     be required to render for county and municipal taxation all of
 6-9     their real estate [and all furniture, fixtures, automobiles,
6-10     equipment, and data processing systems, as other such real estate
6-11     and tangible personal property is rendered] in the city and county
6-12     where such real estate [property] is located.
6-13           (b)  [All other personal property owned by such insurance
6-14     companies, except fire insurance companies and casualty insurance
6-15     companies, shall be valued as other such property is valued for
6-16     assessment by the taxing authority in the following manner:]
6-17                 [From the total valuation of the entire assets of each
6-18     insurance company shall be deducted:]
6-19                       [(a)  All the debts of every kind and character
6-20     owed by such insurance company;]
6-21                       [(b)  All intangible personal property owned by
6-22     such insurance company;]
6-23                       [(c)  All reserves, being the amount of the debts
6-24     of such insurance company by reason of its outstanding policies in
6-25     gross.]
6-26                 [From the remainder shall be deducted the assessed
6-27     value of all real estate and the assessed value of all furniture,
 7-1     fixtures, automobiles, equipment, and data-processing systems,
 7-2     rendered for taxation, and the remainder, if any there be, shall be
 7-3     taxable as personal property by the city and county where the
 7-4     principal business office of any such company is fixed by its
 7-5     charter.]
 7-6           [All other personal property of fire insurance companies and
 7-7     casualty insurance companies incorporated under the laws of this
 7-8     state shall be valued as other such property is valued for
 7-9     assessment by the taxing authority in the following manner:]
7-10                 [From the total valuation of the entire assets of each
7-11     insurance company shall be deducted:]
7-12                       [(a)  All the debts of every kind and character
7-13     owed by such insurance company;]
7-14                       [(b)  All intangible personal property owned by
7-15     such insurance company;]
7-16                       [(c)  All reserves, which reserves shall be
7-17     computed in such manner as may be prescribed by the rules and
7-18     regulations of the State Board of Insurance, for unearned premiums
7-19     and for all bona fide outstanding losses.]
7-20                 [From the remainder shall be deducted the assessed
7-21     value of all real estate and the assessed value of all furniture,
7-22     fixtures, automobiles, equipment, and data-processing systems,
7-23     rendered for taxation, and the remainder, if any there be, shall be
7-24     taxable as personal property by the city and county where the
7-25     principal business office of any company is fixed by its charter.]
7-26     Domestic insurance companies shall not be required to pay any
7-27     occupation or gross receipts tax except as otherwise provided by
 8-1     this code.
 8-2           SECTION 6.  (a)  The following provisions of the Tax Code are
 8-3     repealed:
 8-4                 (1)  Section 11.02;
 8-5                 (2)  Section 11.14;
 8-6                 (3)  Section 11.145;
 8-7                 (4)  Section 11.15;
 8-8                 (5)  Section 11.16;
 8-9                 (6)  Section 11.161;
8-10                 (7)  Section 11.25;
8-11                 (8)  Section 11.251;
8-12                 (9)  Section 11.271;
8-13                 (10)  Section 11.437;
8-14                 (11)  Section 21.02;
8-15                 (12)  Section 21.021;
8-16                 (13)  Section 21.03;
8-17                 (14)  Section 21.031;
8-18                 (15)  Section 21.04;
8-19                 (16)  Section 21.05;
8-20                 (17)  Section 21.06;
8-21                 (18)  Section 21.07;
8-22                 (19)  Section 21.08;
8-23                 (20)  Sections 22.04(b) and (c);
8-24                 (21)  Section 22.07;
8-25                 (22)  Section 23.12(f);
8-26                 (23)  Section 23.121;
8-27                 (24)  Section 23.122;
 9-1                 (25)  Section 23.123;
 9-2                 (26)  Section 23.124;
 9-3                 (27)  Section 23.1241;
 9-4                 (28)  Section 23.1242;
 9-5                 (29)  Section 23.125;
 9-6                 (30)  Section 23.126;
 9-7                 (31)  Section 23.127;
 9-8                 (32)  Section 23.128;
 9-9                 (33)  Subchapter B, Chapter 24; and
9-10                 (34)  Subchapter B, Chapter 33.
9-11           (b)  Section 89.003, Finance Code, is repealed.
9-12           SECTION 7.  (a)  This Act takes effect January 1, 2000, but
9-13     only if the constitutional amendment proposed by the 76th
9-14     Legislature, Regular Session, 1999, exempting all personal property
9-15     in this state from ad valorem taxation is approved by the voters.
9-16     If that amendment is not approved by the voters, this Act has no
9-17     effect.
9-18           (b)  The change in law made by this Act to Section
9-19     403.302(d), Government Code, applies only to the determination of
9-20     the total taxable value of property in a school district for a tax
9-21     year that begins after December 31, 1999. The determination of the
9-22     total taxable value of property in a school district for a tax year
9-23     that begins before that date is covered by Section 403.302(d),
9-24     Government Code, as that section existed when the tax year began,
9-25     and the former law is continued in effect for that purpose.
9-26           (c)  Notwithstanding the change in law made by this Act to
9-27     Sections 11.01, 22.01, 22.05, and 23.12(a), Tax Code, and Article
 10-1    4.01, Insurance Code, and the repeal by Section 6 of this Act of
 10-2    the statutes listed in that section, each of those statutes, as it
 10-3    existed immediately before January 1, 2000, is continued in effect
 10-4    for the purpose of the levy and collection of an ad valorem tax on
 10-5    personal property imposed:
 10-6                (1)  before January 1, 2000; or
 10-7                (2)  pursuant to Section 1(g), Article VIII, Texas
 10-8    Constitution.
 10-9          SECTION 8.  The importance of this legislation and the
10-10    crowded condition of the calendars in both houses create an
10-11    emergency and an imperative public necessity that the
10-12    constitutional rule requiring bills to be read on three several
10-13    days in each house be suspended, and this rule is hereby suspended.