By Hamric, Hill, Davis of Dallas,                     H.B. No. 1694
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the exemption from ad valorem taxation of motor
 1-3     vehicles leased for personal use.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by
 1-6     adding Section 11.252 to read as follows:
 1-7           Sec. 11.252.  MOTOR VEHICLES LEASED FOR PERSONAL USE. (a)  In
 1-8     this section:
 1-9                 (1)  "Lease" has the meaning assigned by Section
1-10     152.001.
1-11                 (2)  "Leased vehicle" means a motor vehicle that is
1-12     subject to a lease.
1-13                 (3)  "Lessee" means the person to whom a leased vehicle
1-14     is leased.
1-15                 (4)  "Lessor" means the owner of a leased vehicle.
1-16                 (5)  "Motor vehicle" means a truck or passenger car
1-17     with a shipping weight of not more than 9,000 pounds.
1-18           (b)  A lessor is entitled to an exemption from taxation of a
1-19     leased vehicle if:
1-20                 (1)  the lessee does not hold the leased vehicle for
1-21     the production of income; and
1-22                 (2)  the leased vehicle is used only for activities
1-23     that do not involve the production of income, other than the income
1-24     to the lessor under the lease.
1-25           (c)  The comptroller by rule shall establish exemption
 2-1     application requirements and appropriate procedures to determine
 2-2     whether a leased vehicle qualifies for an exemption under this
 2-3     section.  The chief appraiser shall publicize the provisions of
 2-4     this section and the requirements and procedures established by the
 2-5     comptroller under this subsection.
 2-6           (d)  In connection with the requirements and procedures under
 2-7     Subsection (c), the comptroller by rule shall prescribe a
 2-8     declaration form to be completed by a lessee for a motor vehicle
 2-9     for which the lessor may apply for an exemption under this section.
2-10     The form shall require the lessee to provide the lessee's full
2-11     name, permanent address, and driver's license or personal
2-12     identification certificate number and to certify under oath that
2-13     the lessee does not hold the leased vehicle for the production of
2-14     income and that the leased vehicle is used only for activities that
2-15     do not involve the production of income.  The comptroller shall
2-16     include on the face of the form:
2-17                 (1)  instructions as to the time and manner in which
2-18     the form must be completed and returned to the lessor; and
2-19                 (2)  a notice of the penalties prescribed by Section
2-20     37.10, Penal Code, for making a false statement on the form.
2-21           (e)  The lessor shall maintain a completed form received from
2-22     the lessee under Subsection (d) until the fifth anniversary of the
2-23     date the lease expires and shall make the form available for
2-24     inspection and copying by the chief appraiser of the applicable
2-25     appraisal district at all reasonable times.  If the lessor does not
2-26     maintain a completed form relating to the leased vehicle as
2-27     required by this subsection, in each applicable tax year the
 3-1     lessor:
 3-2                 (1)  must render the leased vehicle for taxation in the
 3-3     applicable rendition statement or property report filed by the
 3-4     lessor under Chapter 22; and
 3-5                 (2)  may not file an application for an exemption under
 3-6     this section for the leased vehicle.
 3-7           (f)  In connection with each lease of a leased vehicle, the
 3-8     lessor, not later than the fifth day after the date the lease is
 3-9     entered into, shall provide the lessee with the declaration form
3-10     adopted by the comptroller under Subsection (d).  The failure of a
3-11     lessor to provide the lessee with the declaration form as required
3-12     by this subsection is a deceptive trade practice under Section
3-13     17.46, Business & Commerce Code.
3-14           (g)  If a lessor holds a completed declaration form for a
3-15     leased vehicle, in each tax year during the term of the lease of
3-16     the leased vehicle the lessor shall apply for an exemption for the
3-17     vehicle under this section in the time and manner required by
3-18     Section 11.43.
3-19           (h)  A leased vehicle described on a completed declaration
3-20     form that complies with this section and is filed with an
3-21     application for an exemption under this section is presumed to be
3-22     eligible for the exemption.
3-23           (i)  In addition to the requirements of Subsections (c) and
3-24     (d), the comptroller by rule shall prescribe a property report form
3-25     to be completed by the lessor describing the leased motor vehicles
3-26     that the lessor owns.  The property report form shall require the
3-27     lessor to list each leased vehicle the lessor owns on January 1, to
 4-1     provide the year, make, model, and vehicle identification number of
 4-2     each leased vehicle, and to provide the name of the lessee, the
 4-3     address at which the vehicle is kept, and an indication of whether
 4-4     the lessee has designated the vehicle as not held for the
 4-5     production of income and not used for the production of income.
 4-6           (j)  The lessor shall provide the chief appraiser with the
 4-7     completed property report form adopted by the comptroller in the
 4-8     manner provided by Subchapter B, Chapter 22.
 4-9           (k)  Notwithstanding Subsection (g) or any other provision of
4-10     this chapter, a lessor who after January 1 of a tax year enters
4-11     into a lease for a motor vehicle that otherwise qualifies for an
4-12     exemption under this section after being leased and who holds a
4-13     completed declaration form for the vehicle shall  apply for and is
4-14     entitled to receive the exemption for the applicable portion of
4-15     that tax year.  An exemption application under this subsection must
4-16     be filed not later than the 30th day after the date the lease is
4-17     entered into or December 31 of the year in which the lease is
4-18     entered into, whichever is sooner.  If the chief appraiser approves
4-19     the application, the exemption for that year applies only to that
4-20     portion of the year in which the leased vehicle qualifies for the
4-21     exemption.  In that event, the amount of taxes due on the vehicle
4-22     is calculated by multiplying the amount of taxes that would be
4-23     imposed for the year without the exemption by a fraction, the
4-24     numerator of which is the number of days in the year before the
4-25     date the vehicle qualifies for the exemption and the denominator of
4-26     which is 365.  If the application is approved after approval of the
4-27     appraisal records by the appraisal review board, the chief
 5-1     appraiser shall notify the collector for each taxing unit that
 5-2     imposes taxes on the vehicle.  The collector shall calculate the
 5-3     amount of tax due on the vehicle in that year and shall refund any
 5-4     amount paid in excess of that amount.
 5-5           (l)  If in any tax year ad valorem taxes are imposed on a
 5-6     leased vehicle because of a lessor's failure to comply with this
 5-7     section or another provision of this code, the lessor may not
 5-8     directly or indirectly charge the lessee for those taxes or any
 5-9     penalty or interest on those taxes.
5-10           (m)  If in any tax year an exemption under this section is
5-11     canceled because the lessee holds the leased vehicle for the
5-12     production of income or the leased vehicle is used for activities
5-13     that involve the production of income, the lessor may charge the
5-14     lessee for any taxes subsequently imposed on the vehicle in that
5-15     year and for any penalty or interest on those taxes.
5-16           SECTION 2. This Act takes effect January 1, 2002, and applies
5-17     only to ad valorem taxes imposed on a motor vehicle that is subject
5-18     to a lease entered into on or after that date.