By Duncan S.J.R. No. 39
76R8906 JD-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to exempt from ad valorem
1-2 taxation certain tangible personal property held temporarily for
1-3 assembling, manufacturing, processing, or other commercial
1-4 purposes.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article VIII, Texas Constitution, is amended by
1-7 adding Section 1-n to read as follows:
1-8 Sec. 1-n. (a) To promote economic development in this
1-9 state, goods, wares, merchandise, other tangible personal property,
1-10 and ores, other than oil, natural gas, and other petroleum
1-11 products, are exempt from ad valorem taxation if:
1-12 (1) the property is acquired in or imported into this
1-13 state to be forwarded to another location in this state or outside
1-14 this state, whether the intention to forward the property to
1-15 another location in this state or outside this state is formed or
1-16 the destination to which the property is forwarded is specified
1-17 when the property is acquired in or imported into this state;
1-18 (2) the property is detained at a location in this
1-19 state for assembling, storing, manufacturing, processing, or
1-20 fabricating purposes by the person who acquired or imported the
1-21 property; and
1-22 (3) the property is transported to another location in
1-23 this state or outside of this state not later than 270 days after
1-24 the date the person acquired or imported the property in this
2-1 state.
2-2 (b) For purposes of this section:
2-3 (1) tangible personal property includes aircraft and
2-4 aircraft parts;
2-5 (2) property imported into this state includes
2-6 property brought into this state;
2-7 (3) property forwarded to another location in this
2-8 state or outside this state includes property transported to
2-9 another location in this state or outside this state or to be
2-10 affixed to an aircraft to be transported to another location in
2-11 this state or outside this state; and
2-12 (4) property detained at a location in this state for
2-13 assembling, storing, manufacturing, processing, or fabricating
2-14 purposes includes property, aircraft, or aircraft parts brought
2-15 into this state or acquired in this state and used by the person
2-16 who acquired the property, aircraft, or aircraft parts in this
2-17 state or who brought the property, aircraft, or aircraft parts into
2-18 this state for the purpose of repair or maintenance of aircraft
2-19 operated by a certificated air carrier.
2-20 (c) A property owner who is eligible to receive the
2-21 exemption authorized by Section 1-j of this article may apply for
2-22 the exemption authorized by this section in the manner provided by
2-23 general law. A property owner who receives the exemption
2-24 authorized by this section is not entitled to receive the exemption
2-25 authorized by Section 1-j of this article for the same property.
2-26 (d) This section takes effect January 1, 2000. This
2-27 subsection expires January 1, 2001.
3-1 SECTION 2. This proposed constitutional amendment shall be
3-2 submitted to the voters at an election to be held November 2, 1999.
3-3 The ballot shall be printed to permit voting for or against the
3-4 proposition: "The constitutional amendment to promote equal tax
3-5 treatment for products produced, acquired, and distributed in the
3-6 State of Texas by providing for the exemption from ad valorem
3-7 taxation of tangible personal property held only temporarily for
3-8 assembling, manufacturing, processing, or other commercial
3-9 purposes."