SRC-JEC H.B. 3121 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3121
By: Ritter (Armbrister)
Intergovernmental Relations
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Current law entitles a person to an exemption from ad valorem taxation for
all or part of real and personal property used to control pollution.
However, there has been some dispute over what is a reasonable percentage
to be exempted because of changes to or the addition of new production
equipment that results in an environmental improvement. H.B. 3121 specifies
that rules adopted by the Texas Natural Resource Conservation Commission
establish specific standards by which applications for the determination of
whether property is used for pollution control be uniform and equal and
ensure that property used for the production of goods and services not be
exempt.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Natural Resource
Conservation Commission in SECTION 1 (Section 11.31, Tax Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.31, Tax Code, by amending Subsections (d)-(g)
and adding Subsection (h)-(j), as follows: 

(d) Requires the executive director of the Texas Natural Resource
Conservation Commission (commission) to issue a letter to a person who has
applied for a determination under this subsection stating the executive
director's determination of whether the facility, device, or method is used
wholly or partly to control pollution, and if applicable, the proportion of
the property that is pollution control property.  Requires the executive
director to send a copy of the letter by regular mail to the chief
appraiser of the appraisal district for the county in which the property is
located. 

(e) Authorizes the person seeking the exemption or the chief appraiser, not
later than the 20th day after the date of receipt of the letter issued by
the executive director, to appeal the executive director's determination to
the commission.  Requires the commission to consider the appeal at the next
regularly scheduled meeting of the commission for which adequate notice may
be given.  Authorizes the person seeking the determination and the chief
appraiser to testify at the meeting.  Authorizes the commission to remand
the matter to the executive director for a new determination or deny the
appeal and affirm the executive director's determination. Requires the
executive director, on issuance of a new determination, to issue a letter
to the person seeking the determination and provide a copy to the chief
appraiser as provided by Subsection (d).  Authorizes a new determination of
the executive director to be appealed to the commission in the manner
provided by this subsection.  Provides that a proceeding under this
subsection is not a contested case for purposes of Chapter 2001, Government
Code. 

 (f) Redesignated from Subsection (e) with a nonsubstantive change.

(g) Redesignated from Subsection (e).  Requires, rather than authorizes,
the commission to adopt rules to implement this section.  Sets forth
specific requirements for rules adopted under  this section. 

(h) Prohibits the executive director from making a determination that
property is pollution control property unless the property meets the
standards established under rules adopted under this section. 

(i) Redesignated from Subsection (f).  Requires a person seeking an
exemption under this section to provide to the chief appraiser a copy of
the letter isued by the executive director under Subsection (d) determining
that the facility, device, or method is used wholly or partly as pollution
control property.  Requires the chief appraiser to accept a final
determination by, rather than the copy of the letter from, the executive
director as conclusive evidence that the facility, device, or method is
used wholly or partly as pollution control property.  

 (j) Redesignated from Subsection (g) with no changes.

SECTION 2.  Effective date: September 1, 2001.