By Cain S.B. No. 1462
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ad valorem taxation of tangible personal property
1-3 held or used for the production of income.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by
1-6 adding Section 11.147 to read as follows:
1-7 Sec. 11.147. INCOME-PRODUCING TANGIBLE PERSONAL PROPERTY
1-8 RENDERED FOR TAXATION. A person is entitled to an exemption from
1-9 taxation by each taxing unit of $10,000 of the total appraised
1-10 value of all the tangible personal property the person owns:
1-11 (1) that is held or used for the production of income;
1-12 (2) that is taxable by the taxing unit; and
1-13 (3) with respect to which the person timely delivers a
1-14 rendition statement or property report as required by Chapter 22.
1-15 SECTION 2. Section 11.43(a), Tax Code, is amended to read as
1-17 (a) To receive an exemption, a person claiming the
1-18 exemption, other than an exemption authorized by Section 11.11,
1-19 11.12, 11.14, 11.145, 11.146, 11.147, 11.15, 11.16, 11.161, or
1-20 11.25 [
of this code], must apply for the exemption. To apply for
1-21 an exemption, a person must file an exemption application form with
1-22 the chief appraiser for each appraisal district in which the
1-23 property subject to the claimed exemption has situs.
1-24 SECTION 3. Subchapter B, Chapter 22, Tax Code, is amended by
2-1 adding Section 22.231 to read as follows:
2-2 Sec. 22.231. REQUIREMENT TO DELIVER RENDITION STATEMENT OR
2-3 PROPERTY REPORT; INJUNCTION. (a) A requirement under this chapter
2-4 to deliver a rendition statement or property report to a chief
2-5 appraiser is mandatory.
2-6 (b) If a person required by this chapter to deliver a
2-7 rendition statement or property report to the chief appraiser fails
2-8 to deliver the statement or report in the time required by this
2-9 chapter, the chief appraiser may bring suit for an injunction
2-10 requiring the person to deliver the statement or report.
2-11 SECTION 4. Section 41.43, Tax Code, is amended by amending
2-12 Subsection (a) and adding Subsection (d) to read as follows:
2-13 (a) Except as provided by Subsection (d), in [ In] a protest
2-14 authorized by Section 41.41(a)(1) [ 41.41(1)] or (2), the appraisal
2-15 district has the burden of establishing the value of the property
2-16 by a preponderance of the evidence presented at the hearing. If
2-17 the appraisal district fails to meet that standard, the protest
2-18 shall be determined in favor of the property owner.
2-19 (d) If the property owner failed to timely deliver a
2-20 rendition statement or property report for the property that is the
2-21 subject of the protest as required by Chapter 22:
2-22 (1) the property owner has the burden of establishing
2-23 the value of the property by a preponderance of the evidence
2-24 presented at the hearing; and
2-25 (2) if the property owner fails to meet the standard
2-26 provided by Subdivision (1), the protest shall be determined in
2-27 favor of the appraisal district.
3-1 SECTION 5. Section 42.29, Tax Code, is amended by adding
3-2 Subsection (c) to read as follows:
3-3 (c) Notwithstanding Subsection (a), a property owner may not
3-4 be awarded attorney's fees if the property owner failed to timely
3-5 deliver a rendition statement or property report as required by
3-6 Chapter 22.
3-7 SECTION 6. (a) Except as provided by Subsection (b) of this
3-8 section, this Act takes effect January 1, 2000, and applies only to
3-9 the imposition of ad valorem taxes for a tax year beginning on or
3-10 after that date and the rendition of property for ad valorem tax
3-11 purposes on or after that date.
3-12 (b) Sections 1 and 2 of this Act take effect only if the
3-13 constitutional amendment proposed by the 76th Legislature, Regular
3-14 Session, 1999, to authorize tax incentives to encourage the
3-15 voluntary rendition of commercial tangible personal property for
3-16 taxation is approved by the voters. If that amendment is not
3-17 approved by the voters, Sections 1 and 2 of this Act have no
3-19 SECTION 7. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.