1-1     By:  Coleman (Senate Sponsor - Gallegos)              H.B. No. 2601
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 3, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 4, Nays
 1-6     0; May 3, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2601                 By:  Lindsay
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the ad valorem taxation of certain possessory interests
1-11     in certain municipal property open to the public.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. Section 25.07(b), Tax Code, is amended to read as
1-14     follows:
1-15           (b)  Except as provided by Subsections (b) and (c) of Section
1-16     11.11 of this code, a leasehold or other possessory interest in
1-17     exempt property may not be listed if:
1-18                 (1)  the property is permanent university fund land;
1-19                 (2)  the property is county public school fund
1-20     agricultural land;
1-21                 (3)  the property is a part of a public transportation
1-22     facility owned by an incorporated city or town and:
1-23                       (A)  is an airport passenger terminal building or
1-24     a building used primarily for maintenance of aircraft or other
1-25     aircraft services, for aircraft equipment storage, or for air
1-26     cargo;
1-27                       (B)  is an airport fueling system facility;
1-28                       (C)  is in a foreign-trade zone:
1-29                             (i)  that has been granted to a joint
1-30     airport board under Chapter 129, Acts of the 65th Legislature,
1-31     Regular Session, 1977 (Article 1446.8, Vernon's Texas Civil
1-32     Statutes);
1-33                             (ii)  the area of which in the portion of
1-34     the zone located in the airport operated by the joint airport board
1-35     does not exceed 2,500 acres; and
1-36                             (iii)  that is established and operating
1-37     pursuant to federal law; or
1-38                       (D)(i)  is in a foreign trade zone established
1-39     pursuant to federal law after June 1, 1991, which operates pursuant
1-40     to federal law;
1-41                             (ii)  is contiguous to or has access via a
1-42     taxiway to an airport located in two counties, one of which has a
1-43     population of 500,000 or more according to the federal decennial
1-44     census most recently preceding the establishment of the foreign
1-45     trade zone; and
1-46                             (iii)  is owned, directly or through a
1-47     corporation organized under the Development Corporation Act of 1979
1-48     (Article 5190.6, Vernon's Texas Civil Statutes), by the same
1-49     incorporated city or town which owns the airport;
1-50                 (4)  the interest is in a part of:
1-51                       (A)  a park, market, fairground, or similar
1-52     public facility that is owned by an incorporated city or town; or
1-53                       (B)  a convention center, visitor center, sports
1-54     facility with permanent seating, concert hall, arena, or stadium
1-55     that is owned by an incorporated city or town as such leasehold or
1-56     possessory interest serves a governmental, municipal, or public
1-57     purpose or function when the facility is open to the public,
1-58     regardless of whether a fee is charged for admission;
1-59                 (5)  the interest involves only the right to use the
1-60     property for grazing or other agricultural purposes;
1-61                 (6)  the property is owned by the Texas National
1-62     Research Laboratory Commission or by a corporation formed by the
1-63     Texas National Research Laboratory Commission under Section
1-64     465.008(g), Government Code, and is used or is useful in connection
 2-1     with an eligible undertaking as defined by  Section 465.021,
 2-2     Government Code; or
 2-3                 (7)  the property is:
 2-4                       (A)  owned by a municipality, a public port, or a
 2-5     navigation district created or operating under  Section 59, Article
 2-6     XVI, Texas Constitution, or under a statute enacted under  Section
 2-7     59, Article XVI, Texas Constitution; and
 2-8                       (B)  used as an aid or facility incidental to or
 2-9     useful in the operation or development of a port or waterway or in
2-10     aid of navigation-related commerce.
2-11           SECTION 2. This Act takes effect January 1, 2001, and applies
2-12     only to tax years that begin on or after that date.
2-13                                  * * * * *