SRC-TBR, JBJ S.B. 174 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 174
77R2661 JD-DBy: Duncan
Finance
2/20/2001
As Filed


DIGEST AND PURPOSE 

The "Freeport Amendment" which was intended to provide some tax relief by
allowing taxing entities to provide an exemption to certain property moving
in interstate commerce and remaining in a Texas warehouse for less than 175
days.  The "Freeport Amendment" does not provide the desired tax relief
because less than 100 of the 2,200 plus taxing entities chose to apply the
amendment and because it did not apply to Texas products held in storage in
Texas warehouses.  As proposed, S.B. 174 provides a person an exemption
from taxation of the appraised value of that portion of the person's
property that consists of goods-in-transit. 

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 Chapter 11B, Tax Code, by adding Section 11.252, as
follows: 

Sec. 11.252. TANGIBLE PERSONAL PROPERTY IN TRANSIT. (a) Defines
"goods-intransit." 

(b) Provides that a person is entitled to an exemption from taxation of the
appraised value of that portion of the person's property that consists of
goods-in-transit. 

(c) Provides that the exemption provided by Subsection (b) is subtracted
from the market value of the property determined under Section 23.01 or
23.12, as applicable, to determine the taxable value of the property. 

(d) Requires the chief appraiser, except as provided by Subsections (f) and
(g), to determine the appraised value of goods-in-transit under this
subsection.  Requires the chief appraiser to determine the percentage of
the market value of the inventory or other property owned by the property
owner in the preceding calendar year that was contributed by
goods-in-transit.  Requires the chief appraiser to determine, for the first
year to which the exemption applies to a taxing unit, that percentage as if
the exemption applied to the preceding year.  Requires the chief appraiser
to apply that percentage to the market value of the property owner's
inventory or other property for the current year to determine the appraised
value of goods-in-transit for the current year. 

(e) Requires the chief appraiser, in determining the market value of
goods-in-transit that in the preceding year met certain criteria, to
exclude the cost of equipment, machinery, or materials that entered into
and became component parts of the goods-in-transit but were not themselves
goods-in-transit or that were not transported to another location in this
state or out of this state before the expiration of 270 days after the date
they were brought into this state by the property owner or acquired by the
property owner in this  state.  Authorizes the chief appraiser, for
component parts held in bulk, to use the average length of time a component
part was held by the owner of the component parts during the preceding year
at a location in this state that was not owned or under the control of the
owner of the component parts in determining whether the component parts
were transported to another location in this state or out of this state
before the expiration of 270 days. 

(f) Requires the chief appraiser to calculate the percentage of the market
value described in Subsection (d) for the portion of the year in which the
property owner was engaged in transporting goods-in-transit to another
location in this state or out of this state, if the property owner was not
engaged in transporting goods-in-transit to other locations in this state
or out of this state for the entire preceding year. 
  
(g) Requires the chief appraiser to determine, if the property owner or the
chief appraiser demonstrates that the method provided by Subsection (d)
significantly understates or overstates the market value of the property
qualified for an exemption under Subsection (b) in the current year, the
market value of the goods-in-transit to be exempt by determining, according
to the property owner's records and any other available information, the
market value of the goods-in-transit owned by the property owner on January
1 of the current year, excluding certain costs. 

(h) Authorizes the chief appraiser to require, by written notice delivered
to a property owner who claims an exemption under this section, the
property owner to provide copies of property records to determine the
amount and value of goods-in-transit and whether the location in this state
where the goods-in-transit were detained for certain reasons was not owned
or under the control of the owner of the goods-in-transit. Provides that
the property owner forfeits the right to claim or receive the exemption for
that year if the property owner fails to deliver the information requested
in the notice before the 31st day after the date the notice is delivered to
the property owner. 

  (i) Defines "petroleum products."

(j) Provides that property that meets the requirements of Section 1-n(a)
(relating to exemption to ad valorem taxation), Article VIII, Texas
Constitution, constitutes goodsin-transit regardless of whether the person
who owns the property on January 1 is the person who transports it to
another location in this state or out of this state. 

SECTION 2.  Amends Section 11.437(a), Tax Code, to authorize a person who
operates a warehouse used primarily for the storage of cotton for
transportation to another location in this state or outside of this state
to apply for an exemption under Section 11.251 or 11.252 for cotton stored
in the warehouse on behalf of all the owners of the cotton.  Provides that
cotton that is stored in a warehouse covered by an exemption granted under
this section and that is transported to another location in this state or
outside of this state is presumed to have been transported to another
location in this state or outside of this state within the time permitted
by Section 1-j or 1-n, Article VIII, Texas Constitution, for cotton to
qualify for an exemption under that section.  Makes a conforming change. 

SECTION 3. Amends Section 22.01(e), Tax Code, to provide that a person is
not required, notwithstanding Subsections (a) and (b), to render for
taxation cotton that meets certain conditions, including cotton that is
stored in a warehouse for which an exemption for cotton has been granted
under Section 11.437, rather than 11.436.  Makes conforming and
nonsubstantive changes. 

SECTION 4. Effective date: January 1, 2002, provided that the
constitutional amendment proposed by the 77th Legislature, Regular Session,
2001, exempting from ad valorem taxation tangible personal property held at
certain locations only temporarily for certain purposes, is approved by the
voters.  If that proposed constitutional amendment is not approved by the
voters, this Act has no effect.   Makes  application of this Act
prospective.