By Ratliff                                             S.B. No. 977
         76R1924 GJH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to exemptions from ad valorem and sales and use taxation
 1-3     of certain timber and certain items used in timber operations and
 1-4     the valuation of certain timber land for ad valorem tax purposes.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 6.12(b), Tax Code, is amended to read as
 1-7     follows:
 1-8           (b)  One of the agricultural advisory board members must be a
 1-9     representative of the county agricultural stabilization and
1-10     conservation service, and the remainder of the members must be
1-11     landowners of the district whose land qualifies for appraisal under
1-12     Subchapter C, D, [or] E, or H, [of] Chapter 23, and who have been
1-13     residents of the district for at least five years.
1-14           SECTION 2.  Section 11.16(c), Tax Code, is amended to read as
1-15     follows:
1-16           (c)  For purposes of this exemption, the following
1-17     definitions apply:
1-18                 (1)  "Farm products" include [includes] livestock,
1-19     [and] poultry, and timber.
1-20                 (2)  "In the hands of the producer," for livestock and
1-21     poultry, means under the ownership of the person who is financially
1-22     providing for the physical requirements of such livestock and
1-23     poultry on January 1 of the tax year and, for timber, means
1-24     standing timber or timber that has been harvested and, on January 1
 2-1     of the tax year, is located on the real property on which it was
 2-2     produced and is under the ownership of the person who owned the
 2-3     timber when it was standing.
 2-4           SECTION 3.  Section 11.161, Tax Code, is amended to read as
 2-5     follows:
 2-6           Sec. 11.161.  IMPLEMENTS OF HUSBANDRY [FARMING OR RANCHING].
 2-7     Implements of husbandry that are used in the production of farm or
 2-8     ranch products or of timber are exempt from ad valorem taxation.
 2-9           SECTION 4.  Section 23.76(g), Tax Code, is amended to read as
2-10     follows:
2-11           (g)  If the use of the land changes to a use that qualifies
2-12     under Subchapter C, [or] D, or H of this chapter, the sanctions
2-13     provided by Subsection (a) of this section do not apply.
2-14           SECTION 5.  Chapter 23, Tax Code, is amended by adding
2-15     Subchapter H to read as follows:
2-16            SUBCHAPTER H. APPRAISAL OF RESTRICTED-USE TIMBER LAND
2-17           Sec. 23.9801.  DEFINITIONS.  In this subchapter:
2-18                 (1)  "Aesthetic management zone" means timber land on
2-19     which timber harvesting is restricted for aesthetic or conservation
2-20     purposes, including:
2-21                       (A)  maintaining standing timber adjacent to
2-22     public rights-of-way, including highways and roads; and
2-23                       (B)  preserving an area in a forest, as defined
2-24     by Section 152.003, Natural Resources Code, that is designated by
2-25     the director of the Texas Forest Service as special or unique
2-26     because of the area's natural beauty, topography, or historical
2-27     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
3-27                       (B)  preserve a waterway, including a lake,
 4-1     river, stream, or creek.
 4-2                 (6)  "Qualified restricted-use timber land" means land
 4-3     that qualifies for appraisal as provided by this subchapter.
 4-4           Sec. 23.9802.  QUALIFICATION FOR APPRAISAL AS RESTRICTED-USE
 4-5     TIMBER LAND.  (a)  Land qualifies for appraisal as provided by this
 4-6     subchapter if the land is in an aesthetic management zone, critical
 4-7     wildlife habitat zone, or streamside management zone.
 4-8           (b)  Land qualifies for appraisal as provided by this
 4-9     subchapter if:
4-10                 (1)  timber was harvested from the land in a year in
4-11     which the land was appraised under Subchapter E; and
4-12                 (2)  the land has been regenerated for timber
4-13     production to the degree of intensity generally accepted in the
4-14     area for commercial timber land and with intent to produce income.
4-15           (c)  Land ceases to qualify for appraisal under Subsection
4-16     (b) on the 10th anniversary of the date the timber was harvested
4-17     under Subsection (b)(1).  This subsection does not disqualify the
4-18     land from qualifying for appraisal under this section in a tax year
4-19     following that anniversary based on the circumstances existing in
4-20     that subsequent tax year.
4-21           Sec. 23.9803.  APPRAISAL OF QUALIFIED RESTRICTED-USE TIMBER
4-22     LAND.  (a)  Except as provided by Subsection (b), the appraised
4-23     value of qualified restricted-use timber land is one-half of the
4-24     appraised value of the land as determined under Section 23.73(a).
4-25           (b)  The appraised value determined under Subsection (a) may
4-26     not exceed the lesser of:
4-27                 (1)  the market value of the land as determined by
 5-1     other appraisal methods; or
 5-2                 (2)  the appraised value of the land for the year
 5-3     preceding the first year of appraisal under this subchapter.
 5-4           (c)  The chief appraiser shall determine the market value of
 5-5     qualified restricted-use timber land and shall record both the
 5-6     market value and the appraised value in the appraisal records.
 5-7           Sec. 23.9804.  APPLICATION.  (a)  A person claiming that the
 5-8     person's land is eligible for appraisal as provided by this
 5-9     subchapter must file a valid application with the chief appraiser.
5-10           (b)  To be valid, an application for appraisal under Section
5-11     23.9802(a) must:
5-12                 (1)  be on a form provided by the appraisal office and
5-13     prescribed by the comptroller;
5-14                 (2)  provide evidence that the land qualifies for
5-15     designation as an aesthetic management zone, critical wildlife
5-16     habitat zone, or streamside management zone;
5-17                 (3)  specify the location of the proposed zone and the
5-18     quantity of land, in acres, in the proposed zone; and
5-19                 (4)  contain other information necessary to determine
5-20     the validity of the claim.
5-21           (c)  To be valid, an application for appraisal under Section
5-22     23.9802(b) must:
5-23                 (1)  be on a form provided by the appraisal office and
5-24     prescribed by the comptroller;
5-25                 (2)  provide evidence that the land on which the timber
5-26     was harvested was appraised under Subchapter E in the year in which
5-27     the timber was harvested;
 6-1                 (3)  provide evidence that all of the land has been
 6-2     regenerated in compliance with Section 23.9802(b)(2); and
 6-3                 (4)  contain other information necessary to determine
 6-4     the validity of the claim.
 6-5           (d)  The comptroller shall include on the form a notice of
 6-6     the penalties prescribed by Section 37.10, Penal Code, for making
 6-7     or filing an application containing a false statement.  The
 6-8     comptroller, in prescribing the contents of the application form,
 6-9     shall require that the form permit a claimant who has previously
6-10     been allowed appraisal under this subchapter to indicate that the
6-11     previously reported information has not changed and to supply only
6-12     the eligibility information not previously reported.
6-13           (e)  The form must be filed before May 1.  However, for good
6-14     cause shown, the chief appraiser may extend the filing deadline for
6-15     not more than 15 days.
6-16           (f)  If a person fails to file a valid application on time,
6-17     the land is ineligible for appraisal as provided by this subchapter
6-18     for that year.  Once an application is filed and appraisal under
6-19     this subchapter is allowed, the land is eligible for appraisal
6-20     under the applicable provision of this subchapter in subsequent
6-21     years without a new application unless the ownership of the land
6-22     changes, the standing timber is harvested, or the land's
6-23     eligibility under this subchapter ends.  However, if the chief
6-24     appraiser has good cause to believe the land's eligibility under
6-25     this subchapter has ended, the chief appraiser may require a person
6-26     allowed appraisal under this subchapter in a previous year to file
6-27     a new application to confirm that the land is currently eligible
 7-1     under this subchapter by delivering a written notice that a new
 7-2     application is required, accompanied by the application form, to
 7-3     the person who filed the application that was previously allowed.
 7-4           (g)  The appraisal office shall make a sufficient number of
 7-5     printed application forms readily available at no charge.
 7-6           (h)  Each year the chief appraiser for each appraisal
 7-7     district shall publicize, in a manner reasonably designed to notify
 7-8     all residents of the district, the requirements of this section and
 7-9     the availability of application forms.
7-10           (i)  A person whose land is allowed appraisal under this
7-11     subchapter shall notify the appraisal office in writing before May
7-12     1 after eligibility of the land under this subchapter ends.  If a
7-13     person fails to notify the appraisal office as required by this
7-14     subsection, a penalty is imposed on the property equal to 10
7-15     percent of the difference between the taxes imposed on the property
7-16     in each year it is erroneously allowed appraisal under this
7-17     subchapter and the taxes that would otherwise have been imposed.
7-18           (j)  The chief appraiser shall make an entry in the appraisal
7-19     records for the property against which the penalty is imposed
7-20     indicating liability for the penalty and shall deliver a written
7-21     notice of imposition of the penalty to the person who owns the
7-22     property.  The notice shall include a brief explanation of the
7-23     procedures for protesting the imposition of the penalty.  The
7-24     assessor for each taxing unit that imposed taxes on the property on
7-25     the basis of appraisal under this subchapter shall add the amount
7-26     of the penalty to the unit's tax bill for taxes on the property
7-27     against which the penalty is imposed.  The penalty shall be
 8-1     collected at the same time and in the same manner as the taxes on
 8-2     the property against which the penalty is imposed.  The amount of
 8-3     the penalty constitutes a lien on the property against which the
 8-4     penalty is imposed and on delinquency accrues penalty and interest
 8-5     in the same manner as a delinquent tax.
 8-6           (k)  If the chief appraiser discovers that appraisal under
 8-7     this subchapter has been erroneously allowed in any of the 10
 8-8     preceding years because of failure of the person whose land was
 8-9     allowed appraisal under this subchapter to give notice that the
8-10     land's eligibility had ended, the chief appraiser shall add the
8-11     difference between the appraised value of the land under this
8-12     subchapter and the market value of the land for any year in which
8-13     the land was ineligible for appraisal under this subchapter to the
8-14     appraisal records as provided by Section 25.21 for other property
8-15     that escapes taxation.
8-16           Sec. 23.9805.  ACTION ON APPLICATION.  (a)  The chief
8-17     appraiser shall determine separately each applicant's right to have
8-18     the applicant's land appraised under this subchapter.  After
8-19     considering the application and all relevant information, the chief
8-20     appraiser shall, based on the law and facts:
8-21                 (1)  approve the application and allow appraisal under
8-22     this subchapter;
8-23                 (2)  disapprove the application and request additional
8-24     information from the applicant in support of the claim; or
8-25                 (3)  deny the application.
8-26           (b)  If the chief appraiser requests additional information
8-27     from an applicant, the applicant must furnish it not later than the
 9-1     30th day after the date of the request or the chief appraiser shall
 9-2     deny the application.  However, for good cause shown, the chief
 9-3     appraiser may extend the deadline for furnishing the information by
 9-4     written order for a single period not to exceed 15 days.
 9-5           (c)  The chief appraiser shall determine the validity of each
 9-6     application for appraisal under this subchapter filed with the
 9-7     chief appraiser before the chief appraiser submits the appraisal
 9-8     records for review and determination of protests as provided by
 9-9     Chapter 41.
9-10           (d)  If the chief appraiser denies an application, the chief
9-11     appraiser shall deliver a written notice of the denial to the
9-12     applicant not later than the fifth day after the date the chief
9-13     appraiser makes the determination.  The chief appraiser shall
9-14     include with the notice a brief explanation of the procedures for
9-15     protesting the denial.
9-16           Sec. 23.9806.  APPLICATION DENIAL BASED ON ZONE LOCATION.
9-17     (a)  Before a chief appraiser may deny an application under Section
9-18     23.9805 on the ground that the land is not located in an aesthetic
9-19     management zone, critical wildlife habitat zone, or streamside
9-20     management zone, the chief appraiser must first request a
9-21     determination letter from the director of the Texas Forest Service
9-22     as to the type, location, and size of the zone, if any, in which
9-23     the land is located.
9-24           (b)  The chief appraiser shall notify the landowner and each
9-25     taxing unit in which the land is located that a determination
9-26     letter has been requested.
9-27           (c)  The director's letter is conclusive as to the type,
 10-1    size, and location of the zone for purposes of appraisal of the
 10-2    land under this subchapter.
 10-3          (d)  If the land is located in a zone described in the
 10-4    determination letter, the chief appraiser shall approve the
 10-5    application and allow appraisal under this subchapter if the
 10-6    applicant is otherwise entitled to have the applicant's land
 10-7    appraised under this subchapter.
 10-8          (e)  The director of the Texas Forest Service by rule shall
 10-9    adopt procedures under this section.  The procedures must allow the
10-10    chief appraiser, the landowner, and a representative of each taxing
10-11    unit in which the land is located to present information to the
10-12    director before the director issues the determination letter.
10-13          (f)  Chapters 41 and 42 do not apply to a determination under
10-14    this section by  the director of the Texas Forest Service of the
10-15    type, size, and location of a zone.
10-16          Sec. 23.9807.  CHANGE OF USE OF LAND.  (a)  If the use of
10-17    land that has been appraised as provided by this subchapter changes
10-18    to a use that qualifies the land for appraisal under Subchapter E,
10-19    an additional tax is imposed on the land equal to the sum of:
10-20                (1)  the difference between:
10-21                      (A)  the taxes imposed on the land for each of
10-22    the five years preceding the year in which the change of use occurs
10-23    that the land was appraised as provided by this subchapter; and
10-24                      (B)  the taxes that would have been imposed had
10-25    the land been appraised under Subchapter E in each of those years;
10-26    and
10-27                (2)  interest at an annual rate of seven percent
 11-1    calculated from the dates on which the differences would have
 11-2    become due.
 11-3          (b)  If the use of land that has been appraised as provided
 11-4    by this subchapter changes to a use that does not qualify the land
 11-5    for appraisal under Subchapter E or under this subchapter, an
 11-6    additional tax is imposed on the land equal to the sum of:
 11-7                (1)  the difference between:
 11-8                      (A)  the taxes imposed on the land for each of
 11-9    the five years preceding the year in which the change of use occurs
11-10    that the land was appraised as provided by this subchapter; and
11-11                      (B)  the taxes that would have been imposed had
11-12    the land been taxed on the basis of market value in each of those
11-13    years; and
11-14                (2)  interest at an annual rate of seven percent
11-15    calculated from the dates on which the differences would have
11-16    become due.
11-17          (c)  A tax lien attaches to the land on the date the change
11-18    of use occurs to secure payment of the additional tax and interest
11-19    imposed by this section and any penalties incurred.  The lien
11-20    exists in favor of all taxing units for which the additional tax is
11-21    imposed.
11-22          (d)  The additional tax imposed by this section does not
11-23    apply to a year for which the tax has already been imposed.
11-24          (e)  If the change of use applies to only part of a parcel
11-25    that has been appraised as provided by this subchapter, the
11-26    additional tax applies only to that part of the parcel.
11-27          (f)  A determination that a change in use of the land has
 12-1    occurred is made by the chief appraiser.  The chief appraiser shall
 12-2    deliver a notice of the determination to the owner of the land as
 12-3    soon as possible after making the determination and shall include
 12-4    in the notice an explanation of the owner's right to protest the
 12-5    determination.  If the owner does not file a timely protest or if
 12-6    the final determination of the protest is that the additional taxes
 12-7    are due, the assessor for each taxing unit shall prepare and
 12-8    deliver a bill for the additional taxes and interest as soon as
 12-9    practicable after the change of use occurs.  The taxes and interest
12-10    are due and become delinquent and incur penalties and interest as
12-11    provided by law for ad valorem taxes imposed by the taxing unit if
12-12    not paid before the next February 1 that is at least 20 days after
12-13    the date the bill is delivered to the owner of the land.
12-14          (g)  The harvesting of timber from the land before the
12-15    expiration of the period provided by Section 23.9802(c) constitutes
12-16    a change of use of the land for purposes of this section.
12-17          (h)  The sanction provided by Subsection (a) or (b) does not
12-18    apply if the change of use occurs as a result of a:
12-19                (1)  sale for right-of-way;
12-20                (2)  condemnation; or
12-21                (3)  change in law.
12-22          SECTION 6.  Section 25.02(a), Tax Code, is amended to read as
12-23    follows:
12-24          (a)  The appraisal records shall be in the form prescribed by
12-25    the comptroller and shall include:
12-26                (1)  the name and address of the owner or, if the name
12-27    or address is unknown, a statement that it is unknown;
 13-1                (2)  real property;
 13-2                (3)  separately taxable estates or interests in real
 13-3    property, including taxable possessory interests in exempt real
 13-4    property;
 13-5                (4)  personal property;
 13-6                (5)  the appraised value of land and, if the land is
 13-7    appraised as provided by Subchapter C, D, [or] E, or H, Chapter 23
 13-8    [of this code], the market value of the land;
 13-9                (6)  the appraised value of improvements to land;
13-10                (7)  the appraised value of a separately taxable estate
13-11    or interest in land;
13-12                (8)  the appraised value of personal property;
13-13                (9)  the kind of any partial exemption the owner is
13-14    entitled to receive, whether the exemption applies to appraised or
13-15    assessed value, and, in the case of an exemption authorized by
13-16    Section 11.23 [of this code], the amount of the exemption;
13-17                (10)  the tax year to which the appraisal applies; and
13-18                (11)  an identification of each taxing unit in which
13-19    the property is taxable.
13-20          SECTION 7.  Section 25.22(a), Tax Code, is amended to read as
13-21    follows:
13-22          (a)  By May 15 or as soon thereafter as practicable, the
13-23    chief appraiser shall submit the completed appraisal records to the
13-24    appraisal review board for review and determination of protests.
13-25    However, the chief appraiser may not submit the records until the
13-26    chief appraiser has delivered the notices required by Subsection
13-27    (d) of Section 11.45, Subsection (d) of Section 23.44, Subsection
 14-1    (d) of Section 23.57, Subsection (d) of Section 23.79, Subsection
 14-2    (d) of Section 23.85, Subsection (d) of Section 23.95, Section
 14-3    23.9805(d), and Section 25.19.
 14-4          SECTION 8.  Sections 31.01(c) and (d), Tax Code, are amended
 14-5    to read as follows:
 14-6          (c)  The tax bill or a separate statement accompanying the
 14-7    tax bill shall:
 14-8                (1)  identify the property subject to the tax;
 14-9                (2)  state the appraised value, assessed value, and
14-10    taxable value of the property;
14-11                (3)  if the property is land appraised as provided by
14-12    Subchapter C, D, [or] E, or H, Chapter 23 [of this code], state the
14-13    market value and the taxable value for purposes of deferred or
14-14    additional taxation as provided by Section 23.46, 23.55, [or]
14-15    23.76, or 23.9807, as applicable[, of this code];
14-16                (4)  state the assessment ratio for the unit;
14-17                (5)  state the type and amount of any partial exemption
14-18    applicable to the property, indicating whether it applies to
14-19    appraised or assessed value;
14-20                (6)  state the total tax rate for the unit;
14-21                (7)  state the amount of tax due, the due date, and the
14-22    delinquency date;
14-23                (8)  explain the payment option and discounts provided
14-24    by Sections 31.03 and 31.05 [of this code], if available to the
14-25    unit's taxpayers, and state the date on which each of the discount
14-26    periods provided by Section 31.05 concludes, if the discounts are
14-27    available;
 15-1                (9)  state the rates of penalty and interest imposed
 15-2    for delinquent payment of the tax;
 15-3                (10)  include the name and telephone number of the
 15-4    assessor for the unit and, if different, of the collector for the
 15-5    unit; and
 15-6                (11)  include any other information required by the
 15-7    comptroller.
 15-8          (d)  Each tax bill shall also state the amount of penalty, if
 15-9    any, imposed pursuant to Sections 23.431, 23.54, 23.541, 23.75,
15-10    23.751, 23.87, [and] 23.97, and 23.9804 [of this code].
15-11          SECTION 9.  Section 41.01(a), Tax Code, is amended to read as
15-12    follows:
15-13          (a)  The appraisal review board shall:
15-14                (1)  determine protests initiated by property owners;
15-15                (2)  determine challenges initiated by taxing units;
15-16                (3)  correct clerical errors in the appraisal records
15-17    and the appraisal rolls;
15-18                (4)  act on motions to correct appraisal rolls under
15-19    Section 25.25;
15-20                (5)  determine whether an exemption or a partial
15-21    exemption is improperly granted and whether land is improperly
15-22    granted appraisal as provided by Subchapter C, D, [or] E, or H,
15-23    Chapter 23; and
15-24                (6)  take any other action or make any other
15-25    determination that this title specifically authorizes or requires.
15-26          SECTION 10.  Section 41.03, Tax Code, is amended to read as
15-27    follows:
 16-1          Sec. 41.03.  CHALLENGE BY TAXING UNIT.  (a)  A taxing unit is
 16-2    entitled to challenge before the appraisal review board:
 16-3                (1)  the level of appraisals of any category of
 16-4    property in the district or in any territory in the district, but
 16-5    not the appraised value of a single taxpayer's property;
 16-6                (2)  an exclusion of property from the appraisal
 16-7    records;
 16-8                (3)  a grant in whole or in part of a partial
 16-9    exemption;
16-10                (4)  a determination that land qualifies for appraisal
16-11    as provided by Subchapter C, D, [or] E, or H, Chapter 23 [of this
16-12    code]; or
16-13                (5)  failure to identify the taxing unit as one in
16-14    which a particular property is taxable.
16-15          (b)  If a taxing unit challenges a determination that land
16-16    qualifies for appraisal under Subchapter H, Chapter 23, on the
16-17    ground that the land is not located in an aesthetic management
16-18    zone, critical wildlife habitat zone, or streamside management
16-19    zone, the taxing unit must first seek a determination letter from
16-20    the director of the Texas Forest Service.  The appraisal review
16-21    board shall accept the letter as conclusive proof of the type,
16-22    size, and location of the zone.
16-23          SECTION 11.  Section 41.41(a), Tax Code, is amended to read
16-24    as follows:
16-25          (a)  A property owner is entitled to protest before the
16-26    appraisal review board the following actions:
16-27                (1)  determination of the appraised value of the
 17-1    owner's property or, in the case of land appraised as provided by
 17-2    Subchapter C, D, [or] E, or H, Chapter 23, determination of its
 17-3    appraised or market value;
 17-4                (2)  unequal appraisal of the owner's property;
 17-5                (3)  inclusion of the owner's property on the appraisal
 17-6    records;
 17-7                (4)  denial to the property owner in whole or in part
 17-8    of a partial exemption;
 17-9                (5)  determination that the owner's land does not
17-10    qualify for appraisal as provided by Subchapter C, D, [or] E, or H,
17-11    Chapter 23;
17-12                (6)  identification of the taxing units in which the
17-13    owner's property is taxable in the case of the appraisal district's
17-14    appraisal roll;
17-15                (7)  determination that the property owner is the owner
17-16    of property;
17-17                (8)  a determination that a change in use of land
17-18    appraised under Subchapter C, D, [or] E, or H, Chapter 23, has
17-19    occurred; or
17-20                (9)  any other action of the chief appraiser, appraisal
17-21    district, or appraisal review board that applies to and adversely
17-22    affects the property owner.
17-23          SECTION 12.  Section 41.44(a), Tax Code, is amended to read
17-24    as follows:
17-25          (a)  Except as provided by Subsections (b) and (c), to be
17-26    entitled to a hearing and determination of a protest, the property
17-27    owner initiating the protest must file a written notice of the
 18-1    protest with the appraisal review board having authority to hear
 18-2    the matter protested:
 18-3                (1)  before June 1 or not later than the 30th day after
 18-4    the date that notice was delivered to the property owner as
 18-5    provided by Section 25.19, whichever is later;
 18-6                (2)  in the case of a protest of a change in the
 18-7    appraisal records ordered as provided by Subchapter A of this
 18-8    chapter or by Chapter 25, not later than the 30th day after the
 18-9    date notice of the change is delivered to the property owner; or
18-10                (3)  in the case of a determination that a change in
18-11    the use of land appraised under Subchapter C, D, [or] E, or H,
18-12    Chapter 23, has occurred, not later than the 30th day after the
18-13    date the notice of the determination is delivered to the property
18-14    owner.
18-15          SECTION 13.  Section 151.3111(b), Tax Code, is amended to
18-16    read as follows:
18-17          (b)  Subsection (a) [of this section] does not apply to the
18-18    performance of a service on:
18-19                (1)  tangible personal property that would be exempted
18-20    solely because of the exempt status of the seller of the property;
18-21                (2)  tangible personal property that is exempted solely
18-22    because of the application of Section 151.303, 151.304, or 151.306
18-23    [of this code];
18-24                (3)  motor vehicles, trailers, or semitrailers as
18-25    defined, taxed, or exempted by Chapter 152 [of this code]; or
18-26                (4)  a taxable boat or motor as defined by Section
18-27    160.001[; or]
 19-1                [(5)  machinery and equipment with a purchase price
 19-2    greater than $50,000 used exclusively in a commercial timber
 19-3    operation as described by Section 151.3161(a)].
 19-4          SECTION 14.  Section 151.316, Tax Code, is amended to read as
 19-5    follows:
 19-6          Sec. 151.316.  AGRICULTURAL AND TIMBER ITEMS.  (a)  The
 19-7    following items are exempted from the taxes imposed by this
 19-8    chapter:
 19-9                (1)  horses, mules, and work animals;
19-10                (2)  animal life the products of which ordinarily
19-11    constitute food for human consumption;
19-12                (3)  feed for farm and ranch animals;
19-13                (4)  feed for animals that are held for sale in the
19-14    regular course of business;
19-15                (5)  seeds, seedlings of trees commonly grown for
19-16    commercial timber, and annual plants the products of which:
19-17                      (A)  ordinarily constitute food for human
19-18    consumption;
19-19                      (B)  are to be sold in the regular course of
19-20    business; or
19-21                      (C)  are used to produce feed for animals
19-22    exempted by this section;
19-23                (6)  fertilizers, fungicides, insecticides, herbicides,
19-24    defoliants, and desiccants exclusively used or employed on a farm
19-25    or ranch in the production of:
19-26                      (A)  food for human consumption;
19-27                      (B)  feed for animal life; [or]
 20-1                      (C)  other agricultural products to be sold in
 20-2    the regular course of business; or
 20-3                      (D)  timber to be sold in the regular course of
 20-4    business;
 20-5                (7)  machinery and equipment exclusively used or
 20-6    employed on a farm or ranch in the building or maintaining of roads
 20-7    or water facilities or in the production of:
 20-8                      (A)  food for human consumption;
 20-9                      (B)  grass;
20-10                      (C)  feed for animal life; [or]
20-11                      (D)  other agricultural products to be sold in
20-12    the regular course of business; or
20-13                      (E)  timber to be sold in the regular course of
20-14    business;
20-15                (8)  machinery and equipment exclusively used in, and
20-16    pollution control equipment required as a result of, the
20-17    processing, packing, or marketing of agricultural or timber
20-18    products by an original producer at a location operated by the
20-19    original producer for processing, packing, or marketing the
20-20    producer's own products if:
20-21                      (A)  50 percent or more of the products
20-22    processed, packed, or marketed at or from the location are produced
20-23    by the original producer and not purchased or acquired from others;
20-24    and
20-25                      (B)  the producer does not process, pack, or
20-26    market for consideration any agricultural or timber products that
20-27    belong to other persons in an amount greater than five percent of
 21-1    the total agricultural or timber products processed, packed, or
 21-2    marketed by the producer; and
 21-3                (9)  ice exclusively used by commercial fishing boats
 21-4    in the storing of aquatic species including but not limited to
 21-5    shrimp, other crustaceans, finfish, mollusks, and other similar
 21-6    creatures.
 21-7          (b)  Tangible personal property sold or used to be installed
 21-8    as a component of an underground irrigation system is exempt from
 21-9    the taxes imposed by this chapter if the system is exclusively used
21-10    or employed on a farm or ranch in the production of:
21-11                (1)  food for human consumption;
21-12                (2)  grass;
21-13                (3)  feed or forage for:
21-14                      (A)  animal life the products of which ordinarily
21-15    constitute food for human consumption; or
21-16                      (B)  horses, mules, and work animals; [or]
21-17                (4)  other agricultural products to be sold in the
21-18    regular course of business; or
21-19                (5)  timber to be sold in the regular course of
21-20    business.
21-21          (c)  In this section:
21-22                (1)  "Farm or ranch" includes one or more tracts of
21-23    land used, in whole or in part, in the production of agricultural
21-24    products, including crops and [,]  livestock, or timber [other
21-25    agricultural products] held for sale in the regular course of
21-26    business.  The term includes feedlots, dairy farms, poultry farms,
21-27    commercial orchards, commercial nurseries, and similar commercial
 22-1    agricultural operations and timber operations.  The term does not
 22-2    include a home garden [or a timber operation].
 22-3                (2)  "Original producer" means a person who:
 22-4                      (A)  brings an agricultural product into being or
 22-5    who harvests timber and is the owner of the agricultural product
 22-6    from the time it is brought into being or of the timber from the
 22-7    time it is harvested until it is processed, packed, or marketed; or
 22-8                      (B)  is the grower of an agricultural product or
 22-9    timber, exercises predominant operational control over  the raising
22-10    of the agricultural product or timber, and bears a risk of loss of
22-11    investment in the agricultural product or timber.
22-12          (d)  Two or more corporations that operate agricultural or
22-13    timber activities on the same tract or adjacent tracts of land and
22-14    that are entirely owned by an individual or a combination of the
22-15    individual, the individual's spouse, and the individual's children
22-16    may qualify as an original producer for the purposes of Subsection
22-17    (a)(8).
22-18          SECTION 15.  Section 151.317(c)(2), Tax Code, is amended to
22-19    read as follows:
22-20                (2)  "Commercial use" means use by a person engaged in
22-21    selling, warehousing, or distributing a commodity or a professional
22-22    or personal service, but does not include:
22-23                      (A)  use by a person engaged in:
22-24                            (i)  processing tangible personal property
22-25    for sale as tangible personal property, other than preparation or
22-26    storage of food for immediate consumption;
22-27                            (ii)  exploring for, producing, or
 23-1    transporting, a material extracted from the earth;
 23-2                            (iii)  agriculture, including dairy or
 23-3    poultry operations and pumping for farm or ranch irrigation;
 23-4                            (iv)  timber operations, including pumping
 23-5    for irrigation of timber land;
 23-6                            (v)  electrical processes such as
 23-7    electroplating, electrolysis, and cathodic protection;
 23-8                            (vi) [(v)]  the off-wing processing,
 23-9    overhaul, or repair of a jet turbine engine or its parts for a
23-10    certificated or licensed carrier of persons or property; or
23-11                            (vii) [(vi)]  providing, under contracts
23-12    with or on behalf of the United States government or foreign
23-13    governments, defense or national security-related electronics,
23-14    classified intelligence data processing and handling systems, or
23-15    defense-related platform modifications or upgrades; or
23-16                      (B)  a direct or indirect use, consumption, or
23-17    loss of electricity by an electric utility engaged in the purchase
23-18    of electricity for resale.
23-19          SECTION 16.  Section 152.091, Tax Code, is amended to read as
23-20    follows:
23-21          Sec. 152.091.  FARM OR TIMBER USE.  (a)  The taxes imposed by
23-22    this chapter do not apply to the sale or use of a:
23-23                (1)  farm machine, trailer, or semitrailer for use
23-24    primarily for farming and ranching, including the rearing of
23-25    poultry, and use in feedlots; or
23-26                (2)  machine, trailer, or semitrailer for use primarily
23-27    for timber operations.
 24-1          (b)(1)  The taxes imposed by this chapter do not apply to the
 24-2    purchase of a:
 24-3                      (A)  farm machine, trailer, or semitrailer that
 24-4    is to be leased for use primarily for farming and ranching,
 24-5    including the rearing of poultry, and use in feedlots; or
 24-6                      (B)  machine, trailer, or semitrailer that is to
 24-7    be leased for use primarily for timber operations.
 24-8                (2)  The exemption provided by this subsection applies
 24-9    only if the person purchasing the [farm] machine, trailer, or
24-10    semitrailer to be leased presents the tax assessor-collector a form
24-11    prescribed and provided by the comptroller showing:
24-12                      (A)  the identification of the motor vehicle;
24-13                      (B)  the name and address of the lessor and the
24-14    lessee; and
24-15                      (C)  verification by the lessee that the [farm]
24-16    machine, trailer, or semitrailer will be used primarily for:
24-17                            (i)  farming and ranching, including the
24-18    rearing of poultry, and use in feedlots; or
24-19                            (ii)  timber operations.
24-20                (3)  If a motor vehicle for which the tax has not been
24-21    paid ceases to be leased for use primarily for farming and
24-22    ranching, including the rearing of poultry, and use in feedlots or
24-23    timber operations, the owner shall notify the comptroller on a form
24-24    provided by the comptroller and shall pay the sales or use tax on
24-25    the motor vehicle based on the owner's book value of the motor
24-26    vehicle.  The tax is imposed at the same percentage rate that is
24-27    provided by [Subsection (b) of] Section 152.021(b) [152.021 of this
 25-1    code].
 25-2          (c)  The taxes imposed by this chapter do not apply to the
 25-3    rental of a farm machine, a trailer, or a semitrailer for use
 25-4    primarily for farming and  ranching, including the rearing of
 25-5    poultry, and use in feedlots, or a machine, a trailer, or a
 25-6    semitrailer for use primarily for timber operations.  The tax that
 25-7    would have been remitted on gross rental receipts without this
 25-8    exemption shall be deemed to have been remitted for the purpose of
 25-9    calculating the minimum gross rental receipts imposed by Section
25-10    152.026 [of this code].  The exemption provided by this subsection
25-11    applies only if the owner of the motor vehicle obtains in good
25-12    faith an exemption certificate from the person to whom the vehicle
25-13    is being rented.
25-14          SECTION 17.  Section 151.3161, Tax Code, is repealed.
25-15          SECTION 18.  (a)  Except as provided by Subsections (b) and
25-16    (c) of this section, this Act takes effect September 1, 1999.
25-17          (b)  Sections 11.16(c) and 11.161, Tax Code, as amended by
25-18    this Act, and Subchapter H, Chapter 23, Tax Code, as added by this
25-19    Act, take effect January 1, 2000.
25-20          (c)  Sections 13, 14, and 15 of this Act, amending Sections
25-21    151.3111(b), 151.316, and 151.317(c)(2), Tax Code, take effect
25-22    October 1, 1999.
25-23          SECTION 19.  The importance of this legislation and the
25-24    crowded condition of the calendars in both houses create an
25-25    emergency and an imperative public necessity that the
25-26    constitutional rule requiring bills to be read on three several
25-27    days in each house be suspended, and this rule is hereby suspended.