SRC-JEC H.B. 1100 77(R)    BILL ANALYSIS


Senate Research CenterH.B. 1100
77R9610 SMH-FBy: Lewis, Ron (Bernsen)
Intergovernmental Relations
4/19/2001
Engrossed


DIGEST AND PURPOSE 

Currently, a commercial or special-purpose vessel or other watercraft used
outside Texas that is in the state solely to be repaired, stored, or
inspected is presumed to be in interstate, international, or foreign
commerce, which excludes it from ad valorem taxation.  As proposed, H.B.
1100 includes in this tax exemption vessels that are under construction in
Texas that are intended to be used for interstate, international, or
foreign commerce or are in Texas to be converted. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 21.031, Tax Code, by amending Subsection (c) and
adding Subsections (g) and (h), as follows: 

(c)  Provides that a vessel or other watercraft used as an instrumentality
of commerce or a special-purpose vessel or other watercraft not used as an
instrumentality of commerce that is used outside this state and is in this
state solely to be converted is presumed to be in interstate,
international, or foreign commerce and not located in this state for longer
than a temporary period for purposes of Sections 11.01 and 21.02. 

(g) Provides that a vessel or other watercraft to be used as an
instrumentality of commerce or a special-purpose vessel or other watercraft
not to be used as an instrumentality of commerce that is under construction
in this state is presumed to be in interstate, international, or foreign
commerce and not located in this state for longer than a temporary period
for purposes of Sections 11.01 and 21.02. 

(h)  Provides that tangible personal property in this state is presumed to
be in interstate, international, or foreign commerce, and not located in
this state for longer than a temporary period for purposes of Sections
11.01 and 21.02, if the owner demonstrates to the chief appraiser that the
owner intends to incorporate the property in or attach the property to an
identified vessel or other watercraft described by Subsection (c) or (g). 

SECTION 2.  Effective date:  January 1, 2002.