1-1 By: Lewis of Orange (Senate Sponsor - Bernsen) H.B. No. 1100
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 26, 2001, reported favorably by
1-5 the following vote: Yeas 6, Nays 0; April 26, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the presumption that certain vessels and other
1-10 watercraft are located in this state only temporarily for ad
1-11 valorem tax purposes.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 21.031, Tax Code, is amended by amending
1-14 Subsection (c) and adding Subsections (g) and (h) to read as
1-15 follows:
1-16 (c) A vessel or other watercraft used as an instrumentality
1-17 of commerce or a special-purpose vessel or other watercraft not
1-18 used as an instrumentality of commerce that is used outside this
1-19 state and is in this state solely to be converted, repaired,
1-20 stored, or inspected is presumed to be in interstate,
1-21 international, or foreign commerce and not located in this state
1-22 for longer than a temporary period for purposes of Sections 11.01
1-23 and 21.02 [of this code].
1-24 (g) A vessel or other watercraft to be used as an
1-25 instrumentality of commerce or a special-purpose vessel or other
1-26 watercraft not to be used as an instrumentality of commerce that is
1-27 under construction in this state is presumed to be in interstate,
1-28 international, or foreign commerce and not located in this state
1-29 for longer than a temporary period for purposes of Sections 11.01
1-30 and 21.02.
1-31 (h) Tangible personal property in this state is presumed to
1-32 be in interstate, international, or foreign commerce and not
1-33 located in this state for longer than a temporary period for
1-34 purposes of Sections 11.01 and 21.02 if the owner demonstrates to
1-35 the chief appraiser that the owner intends to incorporate the
1-36 property in or attach the property to an identified vessel or other
1-37 watercraft described by Subsection (c) or (g).
1-38 SECTION 2. This Act takes effect January 1, 2002.
1-39 * * * * *