By:  Ratliff, Ogden, Nixon                             S.B. No. 977
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to exemptions from ad valorem and sales and use taxation
 1-2     of certain timber and certain items used in timber operations and
 1-3     the valuation of certain timber land for ad valorem tax purposes.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (b), Section 6.12, Tax Code, is
 1-6     amended to read as follows:
 1-7           (b)  One of the agricultural advisory board members must be a
 1-8     representative of the county agricultural stabilization and
 1-9     conservation service, and the remainder of the members must be
1-10     landowners of the district whose land qualifies for appraisal under
1-11     Subchapter C, D, [or] E, or H, [of] Chapter 23, and who have been
1-12     residents of the district for at least five years.
1-13           SECTION 2.  Subsection (c), Section 11.16, Tax Code, is
1-14     amended to read as follows:
1-15           (c)  For purposes of this exemption, the following
1-16     definitions apply:
1-17                 (1)  "Farm products" include [includes] livestock,
1-18     [and] poultry, and timber.
1-19                 (2)  "In the hands of the producer," for livestock and
1-20     poultry, means under the ownership of the person who is financially
1-21     providing for the physical requirements of such livestock and
1-22     poultry on January 1 of the tax year and, for timber, means
1-23     standing timber or timber that has been harvested and, on January 1
1-24     of the tax year, is located on the real property on which it was
 2-1     produced and is under the ownership of the person who owned the
 2-2     timber when it was standing.
 2-3           SECTION 3.  Section 11.161, Tax Code, is amended to read as
 2-4     follows:
 2-5           Sec. 11.161.  IMPLEMENTS OF HUSBANDRY [FARMING OR RANCHING].
 2-6     Implements of husbandry that are used in the production of farm or
 2-7     ranch products or of timber are exempt from ad valorem taxation.
 2-8           SECTION 4.  Subsection (g), Section 23.76, Tax Code, is
 2-9     amended to read as follows:
2-10           (g)  If the use of the land changes to a use that qualifies
2-11     under Subchapter C, [or] D, or H of this chapter, the sanctions
2-12     provided by Subsection (a) of this section do not apply.
2-13           SECTION 5.  Chapter 23, Tax Code, is amended by adding
2-14     Subchapter H to read as follows:
2-15           SUBCHAPTER H.  APPRAISAL OF RESTRICTED-USE TIMBER LAND
2-16           Sec. 23.9801.  DEFINITIONS.  In this subchapter:
2-17                 (1)  "Aesthetic management zone" means timber land on
2-18     which timber harvesting is restricted for aesthetic or conservation
2-19     purposes, including:
2-20                       (A)  maintaining standing timber adjacent to
2-21     public rights-of-way, including highways and roads; and
2-22                       (B)  preserving an area in a forest, as defined
2-23     by Section 152.003, Natural Resources Code, that is designated by
2-24     the director of the Texas Forest Service as special or unique
2-25     because of the area's natural beauty, topography, or historical
2-26     significance.
 3-1                 (2)  "Critical wildlife habitat zone" means timber land
 3-2     on which the timber harvesting is restricted so as to provide at
 3-3     least three of the following benefits for the protection of an
 3-4     animal or plant that is listed as endangered or threatened under
 3-5     the Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.)
 3-6     and its subsequent amendments or as endangered under Section
 3-7     68.002, Parks and Wildlife Code:
 3-8                       (A)  habitat control;
 3-9                       (B)  erosion control;
3-10                       (C)  predator control;
3-11                       (D)  providing supplemental supplies of water;
3-12                       (E)  providing supplemental supplies of food;
3-13                       (F)  providing shelters; and
3-14                       (G)  making of census counts to determine
3-15     population.
3-16                 (3)  "Management plan" means a plan that uses forestry
3-17     best management practices consistent with the agricultural and
3-18     silvicultural nonpoint source pollution management program
3-19     administered by the State Soil and Water Conservation Board under
3-20     Section 201.026, Agriculture Code.
3-21                 (4)  "Regenerate" means to replant or manage natural
3-22     regeneration.
3-23                 (5)  "Streamside management zone" means timber land on
3-24     which timber harvesting is restricted in accordance with a
3-25     management plan to:
3-26                       (A)  protect water quality; or
 4-1                       (B)  preserve a waterway, including a lake,
 4-2     river, stream, or creek.
 4-3                 (6)  "Qualified restricted-use timber land" means land
 4-4     that qualifies for appraisal as provided by this subchapter.
 4-5           Sec. 23.9802.  QUALIFICATION FOR APPRAISAL AS RESTRICTED-USE
 4-6     TIMBER LAND.  (a)  Land qualifies for appraisal as provided by this
 4-7     subchapter if the land is in an aesthetic management zone, critical
 4-8     wildlife habitat zone, or streamside management zone.
 4-9           (b)  Land qualifies for appraisal as provided by this
4-10     subchapter if:
4-11                 (1)  timber was harvested from the land in a year in
4-12     which the land was appraised under Subchapter E; and
4-13                 (2)  the land has been regenerated for timber
4-14     production to the degree of intensity generally accepted in the
4-15     area for commercial timber land and with intent to produce income.
4-16           (c)  Land ceases to qualify for appraisal under Subsection
4-17     (b) on the 10th anniversary of the date the timber was harvested
4-18     under Subsection (b)(1).  This subsection does not disqualify the
4-19     land from qualifying for appraisal under this section in a tax year
4-20     following that anniversary based on the circumstances existing in
4-21     that subsequent tax year.
4-22           Sec. 23.9803.  APPRAISAL OF QUALIFIED RESTRICTED-USE TIMBER
4-23     LAND.  (a)  Except as provided by Subsection (b), the appraised
4-24     value of qualified restricted-use timber land is one-half of the
4-25     appraised value of the land as determined under Section 23.73(a).
4-26           (b)  The appraised value determined under Subsection (a) may
 5-1     not exceed the lesser of:
 5-2                 (1)  the market value of the land as determined by
 5-3     other appraisal methods; or
 5-4                 (2)  the appraised value of the land for the year
 5-5     preceding the first year of appraisal under this subchapter.
 5-6           (c)  The chief appraiser shall determine the market value of
 5-7     qualified restricted-use timber land and shall record both the
 5-8     market value and the appraised value in the appraisal records.
 5-9           Sec. 23.9804.  APPLICATION.  (a)  A person claiming that the
5-10     person's land is eligible for appraisal as provided by this
5-11     subchapter must file a valid application with the chief appraiser.
5-12           (b)  To be valid, an application for appraisal under Section
5-13     23.9802(a) must:
5-14                 (1)  be on a form provided by the appraisal office and
5-15     prescribed by the comptroller;
5-16                 (2)  provide evidence that the land qualifies for
5-17     designation as an aesthetic management zone, critical wildlife
5-18     habitat zone, or streamside management zone;
5-19                 (3)  specify the location of the proposed zone and the
5-20     quantity of land, in acres, in the proposed zone; and
5-21                 (4)  contain other information necessary to determine
5-22     the validity of the claim.
5-23           (c)  To be valid, an application for appraisal under Section
5-24     23.9802(b) must:
5-25                 (1)  be on a form provided by the appraisal office and
5-26     prescribed by the comptroller;
 6-1                 (2)  provide evidence that the land on which the timber
 6-2     was harvested was appraised under Subchapter E in the year in which
 6-3     the timber was harvested;
 6-4                 (3)  provide evidence that all of the land has been
 6-5     regenerated in compliance with Section 23.9802(b)(2); and
 6-6                 (4)  contain other information necessary to determine
 6-7     the validity of the claim.
 6-8           (d)  The comptroller shall include on the form a notice of
 6-9     the penalties prescribed by Section 37.10, Penal Code, for making
6-10     or filing an application containing a false statement.  The
6-11     comptroller, in prescribing the contents of the application form,
6-12     shall require that the form permit a claimant who has previously
6-13     been allowed appraisal under this subchapter to indicate that the
6-14     previously reported information has not changed and to supply only
6-15     the eligibility information not previously reported.
6-16           (e)  The form must be filed before May 1.  However, for good
6-17     cause shown, the chief appraiser may extend the filing deadline for
6-18     not more than 15 days.
6-19           (f)  If a person fails to file a valid application on time,
6-20     the land is ineligible for appraisal as provided by this subchapter
6-21     for that year.  Once an application is filed and appraisal under
6-22     this subchapter is allowed, the land is eligible for appraisal
6-23     under the applicable provision of this subchapter in subsequent
6-24     years without a new application unless the ownership of the land
6-25     changes, the standing timber is harvested, or the land's
6-26     eligibility under this subchapter ends.  However, if the chief
 7-1     appraiser has good cause to believe the land's eligibility under
 7-2     this subchapter has ended, the chief appraiser may require a person
 7-3     allowed appraisal under this subchapter in a previous year to file
 7-4     a new application to confirm that the land is currently eligible
 7-5     under this subchapter by delivering a written notice that a new
 7-6     application is required, accompanied by the application form, to
 7-7     the person who filed the application that was previously allowed.
 7-8           (g)  The appraisal office shall make a sufficient number of
 7-9     printed application forms readily available at no charge.
7-10           (h)  Each year the chief appraiser for each appraisal
7-11     district shall publicize, in a manner reasonably designed to notify
7-12     all residents of the district, the requirements of this section and
7-13     the availability of application forms.
7-14           (i)  A person whose land is allowed appraisal under this
7-15     subchapter shall notify the appraisal office in writing before May
7-16     1 after eligibility of the land under this subchapter ends.  If a
7-17     person fails to notify the appraisal office as required by this
7-18     subsection, a penalty is imposed on the property equal to 10
7-19     percent of the difference between the taxes imposed on the property
7-20     in each year it is erroneously allowed appraisal under this
7-21     subchapter and the taxes that would otherwise have been imposed.
7-22           (j)  The chief appraiser shall make an entry in the appraisal
7-23     records for the property against which the penalty is imposed
7-24     indicating liability for the penalty and shall deliver a written
7-25     notice of imposition of the penalty to the person who owns the
7-26     property.  The notice shall include a brief explanation of the
 8-1     procedures for protesting the imposition of the penalty.  The
 8-2     assessor for each taxing unit that imposed taxes on the property on
 8-3     the basis of appraisal under this subchapter shall add the amount
 8-4     of the penalty to the unit's tax bill for taxes on the property
 8-5     against which the penalty is imposed.  The penalty shall be
 8-6     collected at the same time and in the same manner as the taxes on
 8-7     the property against which the penalty is imposed.  The amount of
 8-8     the penalty constitutes a lien on the property against which the
 8-9     penalty is imposed and on delinquency accrues penalty and interest
8-10     in the same manner as a delinquent tax.
8-11           (k)  If the chief appraiser discovers that appraisal under
8-12     this subchapter has been erroneously allowed in any of the 10
8-13     preceding years because of failure of the person whose land was
8-14     allowed appraisal under this subchapter to give notice that the
8-15     land's eligibility had ended, the chief appraiser shall add the
8-16     difference between the appraised value of the land under this
8-17     subchapter and the market value of the land for any year in which
8-18     the land was ineligible for appraisal under this subchapter to the
8-19     appraisal records as provided by Section 25.21 for other property
8-20     that escapes taxation.
8-21           Sec. 23.9805.  ACTION ON APPLICATION.  (a)  The chief
8-22     appraiser shall determine separately each applicant's right to have
8-23     the applicant's land appraised under this subchapter.  After
8-24     considering the application and all relevant information, the chief
8-25     appraiser shall, based on the law and facts:
8-26                 (1)  approve the application and allow appraisal under
 9-1     this subchapter;
 9-2                 (2)  disapprove the application and request additional
 9-3     information from the applicant in support of the claim; or
 9-4                 (3)  deny the application.
 9-5           (b)  If the chief appraiser requests additional information
 9-6     from an applicant, the applicant must furnish it not later than the
 9-7     30th day after the date of the request or the chief appraiser shall
 9-8     deny the application.  However, for good cause shown, the chief
 9-9     appraiser may extend the deadline for furnishing the information by
9-10     written order for a single period not to exceed 15 days.
9-11           (c)  The chief appraiser shall determine the validity of each
9-12     application for appraisal under this subchapter filed with the
9-13     chief appraiser before the chief appraiser submits the appraisal
9-14     records for review and determination of protests as provided by
9-15     Chapter 41.
9-16           (d)  If the chief appraiser denies an application, the chief
9-17     appraiser shall deliver a written notice of the denial to the
9-18     applicant not later than the fifth day after the date the chief
9-19     appraiser makes the determination.  The chief appraiser shall
9-20     include with the notice a brief explanation of the procedures for
9-21     protesting the denial.
9-22           Sec. 23.9806.  APPLICATION DENIAL BASED ON ZONE LOCATION.
9-23     (a)  Before a chief appraiser may deny an application under Section
9-24     23.9805 on the ground that the land is not located in an aesthetic
9-25     management zone, critical wildlife habitat zone, or streamside
9-26     management zone, the chief appraiser must first request a
 10-1    determination letter from the director of the Texas Forest Service
 10-2    as to the type, location, and size of the zone, if any, in which
 10-3    the land is located.
 10-4          (b)  The chief appraiser shall notify the landowner and each
 10-5    taxing unit in which the land is located that a determination
 10-6    letter has been requested.
 10-7          (c)  The director's letter is conclusive as to the type,
 10-8    size, and location of the zone for purposes of appraisal of the
 10-9    land under this subchapter.
10-10          (d)  If the land is located in a zone described in the
10-11    determination letter, the chief appraiser shall approve the
10-12    application and allow appraisal under this subchapter if the
10-13    applicant is otherwise entitled to have the applicant's land
10-14    appraised under this subchapter.
10-15          (e)  The director of the Texas Forest Service by rule shall
10-16    adopt procedures under this section.  The procedures must allow the
10-17    chief appraiser, the landowner, and a representative of each taxing
10-18    unit in which the land is located to present information to the
10-19    director before the director issues the determination letter.
10-20          (f)  Chapters 41 and 42 do not apply to a determination under
10-21    this section by  the director of the Texas Forest Service of the
10-22    type, size, and location of a zone.
10-23          Sec. 23.9807.  CHANGE OF USE OF LAND.  (a)  If the use of
10-24    land that has been appraised as provided by this subchapter changes
10-25    to a use that qualifies the land for appraisal under Subchapter E,
10-26    an additional tax is imposed on the land equal to the sum of:
 11-1                (1)  the difference between:
 11-2                      (A)  the taxes imposed on the land for each of
 11-3    the five years preceding the year in which the change of use occurs
 11-4    that the land was appraised as provided by this subchapter; and
 11-5                      (B)  the taxes that would have been imposed had
 11-6    the land been appraised under Subchapter E in each of those years;
 11-7    and
 11-8                (2)  interest at an annual rate of seven percent
 11-9    calculated from the dates on which the differences would have
11-10    become due.
11-11          (b)  If the use of land that has been appraised as provided
11-12    by this subchapter changes to a use that does not qualify the land
11-13    for appraisal under Subchapter E or under this subchapter, an
11-14    additional tax is imposed on the land equal to the sum of:
11-15                (1)  the difference between:
11-16                      (A)  the taxes imposed on the land for each of
11-17    the five years preceding the year in which the change of use occurs
11-18    that the land was appraised as provided by this subchapter; and
11-19                      (B)  the taxes that would have been imposed had
11-20    the land been taxed on the basis of market value in each of those
11-21    years; and
11-22                (2)  interest at an annual rate of seven percent
11-23    calculated from the dates on which the differences would have
11-24    become due.
11-25          (c)  A tax lien attaches to the land on the date the change
11-26    of use occurs to secure payment of the additional tax and interest
 12-1    imposed by this section and any penalties incurred.  The lien
 12-2    exists in favor of all taxing units for which the additional tax is
 12-3    imposed.
 12-4          (d)  The additional tax imposed by this section does not
 12-5    apply to a year for which the tax has already been imposed.
 12-6          (e)  If the change of use applies to only part of a parcel
 12-7    that has been appraised as provided by this subchapter, the
 12-8    additional tax applies only to that part of the parcel.
 12-9          (f)  A determination that a change in use of the land has
12-10    occurred is made by the chief appraiser.  The chief appraiser shall
12-11    deliver a notice of the determination to the owner of the land as
12-12    soon as possible after making the determination and shall include
12-13    in the notice an explanation of the owner's right to protest the
12-14    determination.  If the owner does not file a timely protest or if
12-15    the final determination of the protest is that the additional taxes
12-16    are due, the assessor for each taxing unit shall prepare and
12-17    deliver a bill for the additional taxes and interest as soon as
12-18    practicable after the change of use occurs.  The taxes and interest
12-19    are due and become delinquent and incur penalties and interest as
12-20    provided by law for ad valorem taxes imposed by the taxing unit if
12-21    not paid before the next February 1 that is at least 20 days after
12-22    the date the bill is delivered to the owner of the land.
12-23          (g)  The harvesting of timber from the land before the
12-24    expiration of the period provided by Section 23.9802(c) constitutes
12-25    a change of use of the land for purposes of this section.
12-26          (h)  The sanction provided by Subsection (a) or (b) does not
 13-1    apply if the change of use occurs as a result of a:
 13-2                (1)  sale for right-of-way;
 13-3                (2)  condemnation; or
 13-4                (3)  change in law.
 13-5          SECTION 6.  Subsection (a), Section 25.02, Tax Code, is
 13-6    amended to read as follows:
 13-7          (a)  The appraisal records shall be in the form prescribed by
 13-8    the comptroller and shall include:
 13-9                (1)  the name and address of the owner or, if the name
13-10    or address is unknown, a statement that it is unknown;
13-11                (2)  real property;
13-12                (3)  separately taxable estates or interests in real
13-13    property, including taxable possessory interests in exempt real
13-14    property;
13-15                (4)  personal property;
13-16                (5)  the appraised value of land and, if the land is
13-17    appraised as provided by Subchapter C, D, [or] E, or H, Chapter 23
13-18    [of this code], the market value of the land;
13-19                (6)  the appraised value of improvements to land;
13-20                (7)  the appraised value of a separately taxable estate
13-21    or interest in land;
13-22                (8)  the appraised value of personal property;
13-23                (9)  the kind of any partial exemption the owner is
13-24    entitled to receive, whether the exemption applies to appraised or
13-25    assessed value, and, in the case of an exemption authorized by
13-26    Section 11.23 [of this code], the amount of the exemption;
 14-1                (10)  the tax year to which the appraisal applies; and
 14-2                (11)  an identification of each taxing unit in which
 14-3    the property is taxable.
 14-4          SECTION 7.  Subsection (a), Section 25.22, Tax Code, is
 14-5    amended to read as follows:
 14-6          (a)  By May 15 or as soon thereafter as practicable, the
 14-7    chief appraiser shall submit the completed appraisal records to the
 14-8    appraisal review board for review and determination of protests.
 14-9    However, the chief appraiser may not submit the records until the
14-10    chief appraiser has delivered the notices required by Subsection
14-11    (d) of Section 11.45, Subsection (d) of Section 23.44, Subsection
14-12    (d) of Section 23.57, Subsection (d) of Section 23.79, Subsection
14-13    (d) of Section 23.85, Subsection (d) of Section 23.95, Subsection
14-14    (d) of Section 23.9805, and Section 25.19.
14-15          SECTION 8.  Subsections (c) and (d), Section 31.01, Tax Code,
14-16    are amended to read as follows:
14-17          (c)  The tax bill or a separate statement accompanying the
14-18    tax bill shall:
14-19                (1)  identify the property subject to the tax;
14-20                (2)  state the appraised value, assessed value, and
14-21    taxable value of the property;
14-22                (3)  if the property is land appraised as provided by
14-23    Subchapter C, D, [or] E, or H, Chapter 23 [of this code], state the
14-24    market value and the taxable value for purposes of deferred or
14-25    additional taxation as provided by Section 23.46, 23.55, [or]
14-26    23.76, or 23.9807, as applicable[, of this code];
 15-1                (4)  state the assessment ratio for the unit;
 15-2                (5)  state the type and amount of any partial exemption
 15-3    applicable to the property, indicating whether it applies to
 15-4    appraised or assessed value;
 15-5                (6)  state the total tax rate for the unit;
 15-6                (7)  state the amount of tax due, the due date, and the
 15-7    delinquency date;
 15-8                (8)  explain the payment option and discounts provided
 15-9    by Sections 31.03 and 31.05 [of this code], if available to the
15-10    unit's taxpayers, and state the date on which each of the discount
15-11    periods provided by Section 31.05 concludes, if the discounts are
15-12    available;
15-13                (9)  state the rates of penalty and interest imposed
15-14    for delinquent payment of the tax;
15-15                (10)  include the name and telephone number of the
15-16    assessor for the unit and, if different, of the collector for the
15-17    unit; and
15-18                (11)  include any other information required by the
15-19    comptroller.
15-20          (d)  Each tax bill shall also state the amount of penalty, if
15-21    any, imposed pursuant to Sections 23.431, 23.54, 23.541, 23.75,
15-22    23.751, 23.87, [and] 23.97, and 23.9804 [of this code].
15-23          SECTION 9.  Subsection (a), Section 41.01, Tax Code, is
15-24    amended to read as follows:
15-25          (a)  The appraisal review board shall:
15-26                (1)  determine protests initiated by property owners;
 16-1                (2)  determine challenges initiated by taxing units;
 16-2                (3)  correct clerical errors in the appraisal records
 16-3    and the appraisal rolls;
 16-4                (4)  act on motions to correct appraisal rolls under
 16-5    Section 25.25;
 16-6                (5)  determine whether an exemption or a partial
 16-7    exemption is improperly granted and whether land is improperly
 16-8    granted appraisal as provided by Subchapter C, D, [or] E, or H,
 16-9    Chapter 23; and
16-10                (6)  take any other action or make any other
16-11    determination that this title specifically authorizes or requires.
16-12          SECTION 10.  Section 41.03, Tax Code, is amended to read as
16-13    follows:
16-14          Sec. 41.03.  CHALLENGE BY TAXING UNIT.  (a)  A taxing unit is
16-15    entitled to challenge before the appraisal review board:
16-16                (1)  the level of appraisals of any category of
16-17    property in the district or in any territory in the district, but
16-18    not the appraised value of a single taxpayer's property;
16-19                (2)  an exclusion of property from the appraisal
16-20    records;
16-21                (3)  a grant in whole or in part of a partial
16-22    exemption;
16-23                (4)  a determination that land qualifies for appraisal
16-24    as provided by Subchapter C, D, [or] E, or H, Chapter 23 [of this
16-25    code]; or
16-26                (5)  failure to identify the taxing unit as one in
 17-1    which a particular property is taxable.
 17-2          (b)  If a taxing unit challenges a determination that land
 17-3    qualifies for appraisal under Subchapter H, Chapter 23, on the
 17-4    ground that the land is not located in an aesthetic management
 17-5    zone, critical wildlife habitat zone, or streamside management
 17-6    zone, the taxing unit must first seek a determination letter from
 17-7    the director of the Texas Forest Service.  The appraisal review
 17-8    board shall accept the letter as conclusive proof of the type,
 17-9    size, and location of the zone.
17-10          SECTION 11.  Subsection (a), Section 41.41, Tax Code, is
17-11    amended to read as follows:
17-12          (a)  A property owner is entitled to protest before the
17-13    appraisal review board the following actions:
17-14                (1)  determination of the appraised value of the
17-15    owner's property or, in the case of land appraised as provided by
17-16    Subchapter C, D, [or] E, or H, Chapter 23, determination of its
17-17    appraised or market value;
17-18                (2)  unequal appraisal of the owner's property;
17-19                (3)  inclusion of the owner's property on the appraisal
17-20    records;
17-21                (4)  denial to the property owner in whole or in part
17-22    of a partial exemption;
17-23                (5)  determination that the owner's land does not
17-24    qualify for appraisal as provided by Subchapter C, D, [or] E, or H,
17-25    Chapter 23;
17-26                (6)  identification of the taxing units in which the
 18-1    owner's property is taxable in the case of the appraisal district's
 18-2    appraisal roll;
 18-3                (7)  determination that the property owner is the owner
 18-4    of property;
 18-5                (8)  a determination that a change in use of land
 18-6    appraised under Subchapter C, D, [or] E, or H, Chapter 23, has
 18-7    occurred; or
 18-8                (9)  any other action of the chief appraiser, appraisal
 18-9    district, or appraisal review board that applies to and adversely
18-10    affects the property owner.
18-11          SECTION 12.  Subsection (a), Section 41.44, Tax Code, is
18-12    amended to read as follows:
18-13          (a)  Except as provided by Subsections (b) and (c), to be
18-14    entitled to a hearing and determination of a protest, the property
18-15    owner initiating the protest must file a written notice of the
18-16    protest with the appraisal review board having authority to hear
18-17    the matter protested:
18-18                (1)  before June 1 or not later than the 30th day after
18-19    the date that notice was delivered to the property owner as
18-20    provided by Section 25.19, whichever is later;
18-21                (2)  in the case of a protest of a change in the
18-22    appraisal records ordered as provided by Subchapter A of this
18-23    chapter or by Chapter 25, not later than the 30th day after the
18-24    date notice of the change is delivered to the property owner; or
18-25                (3)  in the case of a determination that a change in
18-26    the use of land appraised under Subchapter C, D, [or] E, or H,
 19-1    Chapter 23, has occurred, not later than the 30th day after the
 19-2    date the notice of the determination is delivered to the property
 19-3    owner.
 19-4          SECTION 13.  Subsection (b), Section 151.3111, Tax Code, is
 19-5    amended to read as follows:
 19-6          (b)  Subsection (a) [of this section] does not apply to the
 19-7    performance of a service on:
 19-8                (1)  tangible personal property that would be exempted
 19-9    solely because of the exempt status of the seller of the property;
19-10                (2)  tangible personal property that is exempted solely
19-11    because of the application of Section 151.303, 151.304, or 151.306
19-12    [of this code];
19-13                (3)  motor vehicles, trailers, or semitrailers as
19-14    defined, taxed, or exempted by Chapter 152 [of this code]; or
19-15                (4)  a taxable boat or motor as defined by Section
19-16    160.001[; or]
19-17                [(5)  machinery and equipment with a purchase price
19-18    greater than $50,000 used exclusively in a commercial timber
19-19    operation as described by Section 151.3161(a)].
19-20          SECTION 14.  Subchapter H, Chapter 151, Tax Code, is amended
19-21    by adding Section 151.3162 to read as follows:
19-22          Sec. 151.3162.  TIMBER ITEMS.  (a)  In this section,
19-23    "original producer" means a person who:
19-24                (1)  harvests timber that the person owns and continues
19-25    to own until the timber is processed, packed, or marketed; or
19-26                (2)  grows timber, exercises predominant operational
 20-1    control over the growth of the timber, and bears the risk of loss
 20-2    of investment in the timber.
 20-3          (b)  The following items are exempted from the tax imposed by
 20-4    this chapter:
 20-5                (1)  seedlings of trees commonly grown for commercial
 20-6    timber;
 20-7                (2)  defoliants, desiccants, equipment, fertilizers,
 20-8    fungicides, herbicides, insecticides, and machinery exclusively
 20-9    used in the production of timber to be sold in the regular course
20-10    of business;
20-11                (3)  machinery and equipment used in, and pollution
20-12    control equipment required as a result of, the processing, packing,
20-13    or marketing of timber products by an original producer if:
20-14                      (A)  the processing, packing, or marketing occurs
20-15    at or from a location operated by the original producer;
20-16                      (B)  at least 50 percent of the value of the
20-17    timber products processed, packed, or marketed at or from the
20-18    location is attributable to products produced by the original
20-19    producer and not purchased or acquired from others; and
20-20                      (C)  the original producer does not process,
20-21    pack, or market for consideration timber products that belong to
20-22    another person with a value greater than five percent of the total
20-23    value of the timber products processed, packed, or marketed by the
20-24    producer; and
20-25                (4)  tangible personal property sold or used to be
20-26    installed as a component of an underground irrigation system
 21-1    exclusively used in the production of timber to be sold in the
 21-2    regular course of business.
 21-3          (c)  Two or more corporations that operate timber activities
 21-4    on the same or adjacent tracts of land and that are entirely owned
 21-5    by the same individual or a combination  of the individual and the
 21-6    individual's spouse or children are considered to be a single
 21-7    original producer for the purposes of Subsection (b)(3).
 21-8          (d)  The exemption provided by Subsection (b) takes effect
 21-9    January 1, 2008.  Until that date, a person is entitled to a credit
21-10    or refund of a portion of the taxes paid under this chapter on an
21-11    item that after January 1, 2008, will be exempted from the taxes
21-12    imposed by this chapter under Subsection (b).  The amount of the
21-13    credit or refund is determined as follows:
21-14                (1)  for an item for which the taxable event occurs on
21-15    or after October 1, 2001, and before January 1, 2004, the taxpayer
21-16    is entitled to a refund or credit in an amount equal to 33 percent
21-17    of the tax paid on the item;
21-18                (2)  for an item for which the taxable event occurs on
21-19    or after January 1, 2004, and before January 1, 2006, the taxpayer
21-20    is entitled to a refund or credit in an amount equal to 50 percent
21-21    of the tax paid on the item; and
21-22                (3)  for an item for which the taxable event occurs on
21-23    or after January 1, 2006, and before January 1, 2008, the taxpayer
21-24    is entitled to a refund or credit in an amount equal to 75 percent
21-25    of the tax paid on the item.
21-26          (e)  A taxpayer entitled to a credit or refund under
 22-1    Subsection (d) may elect to receive either a credit or a refund.  A
 22-2    taxpayer who elects to receive a credit must claim the credit on
 22-3    the return for a period that ends not later than the first
 22-4    anniversary of the date on which the  taxable event occurred.  A
 22-5    taxpayer who elects to receive a refund must apply to the
 22-6    comptroller for the refund before or during the calendar year
 22-7    following the year in which the tax on the item was paid.
 22-8          SECTION 15.  Subdivision (2), Subsection (c), Section
 22-9    151.317, Tax Code, is amended to read as follows:
22-10                (2)  "Commercial use" means use by a person engaged in
22-11    selling, warehousing, or distributing a commodity or a professional
22-12    or personal service, but does not include:
22-13                      (A)  use by a person engaged in:
22-14                            (i)  processing tangible personal property
22-15    for sale as tangible personal property, other than preparation or
22-16    storage of food for immediate consumption;
22-17                            (ii)  exploring for, producing, or
22-18    transporting, a material extracted from the earth;
22-19                            (iii)  agriculture, including dairy or
22-20    poultry operations and pumping for farm or ranch irrigation;
22-21                            (iv)  timber operations, including pumping
22-22    for irrigation of timber land;
22-23                            (v)  electrical processes such as
22-24    electroplating, electrolysis, and cathodic protection;
22-25                            (vi) [(v)]  the off-wing processing,
22-26    overhaul, or repair of a jet turbine engine or its parts for a
 23-1    certificated or licensed carrier of persons or property; or
 23-2                            (vii) [(vi)]  providing, under contracts
 23-3    with or on behalf of the United States government or foreign
 23-4    governments, defense or national security-related electronics,
 23-5    classified intelligence data processing and handling systems, or
 23-6    defense-related platform modifications or upgrades; or
 23-7                      (B)  a direct or indirect use, consumption, or
 23-8    loss of electricity by an electric utility engaged in the purchase
 23-9    of electricity for resale.
23-10          SECTION 16.  Section 152.091, Tax Code, is amended to read as
23-11    follows:
23-12          Sec. 152.091.  FARM OR TIMBER USE.  (a)  The taxes imposed by
23-13    this chapter do not apply to the sale or use of a:
23-14                (1)  farm machine, trailer, or semitrailer for use
23-15    primarily for farming and ranching, including the rearing of
23-16    poultry, and use in feedlots; or
23-17                (2)  machine, trailer, or semitrailer for use primarily
23-18    for timber operations.
23-19          (b)(1)  The taxes imposed by this chapter do not apply to the
23-20    purchase of a:
23-21                      (A)  farm machine, trailer, or semitrailer that
23-22    is to be leased for use primarily for farming and ranching,
23-23    including the rearing of poultry, and use in feedlots; or
23-24                      (B)  machine, trailer, or semitrailer that is to
23-25    be leased for use primarily for timber operations.
23-26                (2)  The exemption provided by this subsection applies
 24-1    only if the person purchasing the [farm] machine, trailer, or
 24-2    semitrailer to be leased presents the tax assessor-collector a form
 24-3    prescribed and provided by the comptroller showing:
 24-4                      (A)  the identification of the motor vehicle;
 24-5                      (B)  the name and address of the lessor and the
 24-6    lessee; and
 24-7                      (C)  verification by the lessee that the [farm]
 24-8    machine, trailer, or semitrailer will be used primarily for:
 24-9                            (i)  farming and ranching, including the
24-10    rearing of poultry, and use in feedlots; or
24-11                            (ii)  timber operations.
24-12                (3)  If a motor vehicle for which the tax has not been
24-13    paid ceases to be leased for use primarily for farming and
24-14    ranching, including the rearing of poultry, and use in feedlots or
24-15    timber operations, the owner shall notify the comptroller on a form
24-16    provided by the comptroller and shall pay the sales or use tax on
24-17    the motor vehicle based on the owner's book value of the motor
24-18    vehicle.  The tax is imposed at the same percentage rate that is
24-19    provided by [Subsection (b) of] Section 152.021(b) [152.021 of this
24-20    code].
24-21          (c)  The taxes imposed by this chapter do not apply to the
24-22    rental of a farm machine, a trailer, or a semitrailer for use
24-23    primarily for farming and ranching, including the rearing of
24-24    poultry, and use in feedlots, or a machine, a trailer, or a
24-25    semitrailer for use primarily for timber operations.  The tax that
24-26    would have been remitted on gross rental receipts without this
 25-1    exemption shall be deemed to have been remitted for the purpose of
 25-2    calculating the minimum gross rental receipts imposed by Section
 25-3    152.026 [of this code].  The exemption provided by this subsection
 25-4    applies only if the owner of the motor vehicle obtains in good
 25-5    faith an exemption certificate from the person to whom the vehicle
 25-6    is being rented.
 25-7          SECTION 17.  Section 151.3161, Tax Code, is repealed.
 25-8          SECTION 18.  (a)  Except as provided by Subsections (b) and
 25-9    (c) of this section, this Act takes effect September 1, 1999.
25-10          (b)  Subsection (c), Section 11.16, and Section 11.161, Tax
25-11    Code, as amended by this Act, and Subchapter H, Chapter 23, Tax
25-12    Code, as added by this Act, take effect January 1, 2000.
25-13          (c)  The following sections of this Act take effect
25-14    October 1, 2001:
25-15                (1)  Sections 13, 15, and 16 of this Act, amending
25-16    Subsection (b), Section 151.3111, Subdivision (2), Subsection (c),
25-17    151.317, and Section 152.091, Tax Code;
25-18                (2)  Section 14 of this Act, adding Section 151.3162,
25-19    Tax Code; and
25-20                (3)  Section 17 of this Act, repealing Section
25-21    151.3161, Tax Code.
25-22          SECTION 19.  The importance of this legislation and the
25-23    crowded condition of the calendars in both houses create an
25-24    emergency and an imperative public necessity that the
25-25    constitutional rule requiring bills to be read on three several
25-26    days in each house be suspended, and this rule is hereby suspended.