1-1 By: Cain S.B. No. 1462
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Finance; April 23, 1999,
1-4 reported favorably by the following vote: Yeas 7, Nays 0;
1-5 April 23, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the ad valorem taxation of tangible personal property
1-9 held or used for the production of income.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by
1-12 adding Section 11.147 to read as follows:
1-13 Sec. 11.147. INCOME-PRODUCING TANGIBLE PERSONAL PROPERTY
1-14 RENDERED FOR TAXATION. A person is entitled to an exemption from
1-15 taxation by each taxing unit of $10,000 of the total appraised
1-16 value of all the tangible personal property the person owns:
1-17 (1) that is held or used for the production of income;
1-18 (2) that is taxable by the taxing unit; and
1-19 (3) with respect to which the person timely delivers a
1-20 rendition statement or property report as required by Chapter 22.
1-21 SECTION 2. Subsection (a), Section 11.43, Tax Code, is
1-22 amended to read as follows:
1-23 (a) To receive an exemption, a person claiming the
1-24 exemption, other than an exemption authorized by Section 11.11,
1-25 11.12, 11.14, 11.145, 11.146, 11.147, 11.15, 11.16, 11.161, or
1-26 11.25 [
of this code], must apply for the exemption. To apply for
1-27 an exemption, a person must file an exemption application form with
1-28 the chief appraiser for each appraisal district in which the
1-29 property subject to the claimed exemption has situs.
1-30 SECTION 3. Subchapter B, Chapter 22, Tax Code, is amended by
1-31 adding Section 22.231 to read as follows:
1-32 Sec. 22.231. REQUIREMENT TO DELIVER RENDITION STATEMENT OR
1-33 PROPERTY REPORT; INJUNCTION. (a) A requirement under this chapter
1-34 to deliver a rendition statement or property report to a chief
1-35 appraiser is mandatory.
1-36 (b) If a person required by this chapter to deliver a
1-37 rendition statement or property report to the chief appraiser fails
1-38 to deliver the statement or report in the time required by this
1-39 chapter, the chief appraiser may bring suit for an injunction
1-40 requiring the person to deliver the statement or report.
1-41 SECTION 4. Section 41.43, Tax Code, is amended by amending
1-42 Subsection (a) and adding Subsection (d) to read as follows:
1-43 (a) Except as provided by Subsection (d), in [ In] a protest
1-44 authorized by Section 41.41(a)(1) [ 41.41(1)] or (2), the appraisal
1-45 district has the burden of establishing the value of the property
1-46 by a preponderance of the evidence presented at the hearing. If
1-47 the appraisal district fails to meet that standard, the protest
1-48 shall be determined in favor of the property owner.
1-49 (d) If the property owner failed to timely deliver a
1-50 rendition statement or property report for the property that is the
1-51 subject of the protest as required by Chapter 22:
1-52 (1) the property owner has the burden of establishing
1-53 the value of the property by a preponderance of the evidence
1-54 presented at the hearing; and
1-55 (2) if the property owner fails to meet the standard
1-56 provided by Subdivision (1), the protest shall be determined in
1-57 favor of the appraisal district.
1-58 SECTION 5. Section 42.29, Tax Code, is amended by adding
1-59 Subsection (c) to read as follows:
1-60 (c) Notwithstanding Subsection (a), a property owner may not
1-61 be awarded attorney's fees if the property owner failed to timely
1-62 deliver a rendition statement or property report as required by
1-63 Chapter 22.
1-64 SECTION 6. (a) Except as provided by Subsection (b) of this
2-1 section, this Act takes effect January 1, 2000, and applies only to
2-2 the imposition of ad valorem taxes for a tax year beginning on or
2-3 after that date and the rendition of property for ad valorem tax
2-4 purposes on or after that date.
2-5 (b) Sections 1 and 2 of this Act take effect only if the
2-6 constitutional amendment proposed by the 76th Legislature, Regular
2-7 Session, 1999, to authorize tax incentives to encourage the
2-8 voluntary rendition of commercial tangible personal property for
2-9 taxation is approved by the voters. If that amendment is not
2-10 approved by the voters, Sections 1 and 2 of this Act have no
2-12 SECTION 7. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.
2-17 * * * * *