By Ritter                                             H.B. No. 3121
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     Relating to exemptions from ad valorem taxation for property used
 1-3     to control pollution.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11.31, Tax Code, is amended to read as
 1-6     follows:
 1-7           Sec. 11.31.  Pollution Control Property. (a)  A person is
 1-8     entitled to an exemption from taxation of all or part of real and
 1-9     personal property that the person owns and that is used wholly or
1-10     partly as a facility, device, or method for the control of air,
1-11     water, or land pollution.  A person is not entitled to an exemption
1-12     from taxation under this section solely on the basis that the
1-13     person manufactures or produces a product or provides a service
1-14     that prevents, monitors, controls, or reduces air, water, or land
1-15     pollution.  Property used for residential purposes, or for
1-16     recreational, park, or scenic uses as defined by Section 23.81, is
1-17     ineligible for an exemption under this section.
1-18           (b)  In this section, "facility, device, or method for the
1-19     control of air, water, or land pollution" means land that is
1-20     acquired after January 1, 1994, or any structure, building,
1-21     installation, excavation, machinery, equipment, or device, and any
1-22     attachment or addition to or reconstruction, replacement, or
1-23     improvement of that property, that is used, constructed, acquired,
 2-1     or installed wholly or partly to meet or exceed rules or
 2-2     regulations adopted by any environmental protection agency of the
 2-3     United States, this state, or a political subdivision of this state
 2-4     for the prevention, monitoring, control, or reduction of air,
 2-5     water, or land pollution.  This section does not apply to a motor
 2-6     vehicle.
 2-7           (c)  In applying for an exemption under this section, a
 2-8     person seeking the exemption shall present in a permit application
 2-9     or permit exemption request to the executive director of the Texas
2-10     Natural Resource Conservation Commission information detailing:
2-11                 (1)  the anticipated environmental benefits from the
2-12     installation of the facility, device, or method for the control of
2-13     air, water, or land pollution;
2-14                 (2)  the estimated cost of the pollution control
2-15     facility, device, or method; and
2-16                 (3)  the purpose of the installation of such facility,
2-17     device, or method, and the proportion of the installation that is
2-18     pollution control property.
2-19           If the installation includes property that is not used wholly
2-20     for the control of air, water, or land pollution, the person
2-21     seeking the exemption shall also present such financial or other
2-22     data as the executive director requires by rule for the
2-23     determination of the proportion of the installation that is
2-24     pollution control property.
2-25           (d)  Following submission of the information required by
2-26     Subsection (c), the executive director of the Texas Natural
 3-1     Resource Conservation Commission shall determine if the facility,
 3-2     device, or method is used wholly or partly as a facility, device,
 3-3     or method for the control of air, water, or land pollution. As soon
 3-4     as practicable, the executive director shall send notice by regular
 3-5     mail to the chief appraiser of the appraisal district for the
 3-6     county in which the property is located that the person has applied
 3-7     for a determination under this subsection.  If the executive
 3-8     director determines that the facility, device, or method is used
 3-9     wholly or partly to control pollution, the director shall issue a
3-10     letter to the person stating that determination and the proportion
3-11     of the installation that is pollution control property.
3-12           (e)  The Texas Natural Resource Conservation Commission may
3-13     charge a person seeking a determination that property is pollution
3-14     control property an additional fee not to exceed its administrative
3-15     costs for processing the information, making the determination, and
3-16     issuing the letter required by this section.
3-17           (f)  The commission shall [may] adopt rules to implement this
3-18     section that establish specific standards by which applications for
3-19     determinations will be considered.  Such rules shall:
3-20                 (1)  be sufficiently specific to ensure that
3-21     determinations are uniform and equal; and
3-22                 (2)  ensure that property used for the production of
3-23     goods and services is not determined to be exempt.
3-24           (g)  The executive director shall grant a positive
3-25     determination only for applications that meet the standards
3-26     established under the rules required by subsection (f).
 4-1           (h) [(f)]  A person seeking an exemption under this section
 4-2     shall provide to the chief appraiser a copy of the letter issued by
 4-3     the executive director of the Texas Natural Resource Conservation
 4-4     Commission under Subsection (d).
 4-5           The chief appraiser shall either:
 4-6                 (1)  accept the copy of the letter from the executive
 4-7     director as conclusive evidence that the facility, device, or
 4-8     method is used wholly or partly as pollution control property; or
 4-9                 (2)  challenge the determination of the executive
4-10     director as a contested case under the Administrative Procedure
4-11     Act.
4-12           A chief appraiser shall accept a final decision under
4-13     subsection (2), after all appeals are exhausted or waived, as
4-14     conclusive evidence that the facility, device, or method is used
4-15     wholly or partly as pollution control property.
4-16           (i) [(g)]  This section does not apply to a facility, device,
4-17     or method for the control of air, water, or land pollution that was
4-18     subject to a tax abatement agreement executed before January 1,
4-19     1994.
4-20           SECTION 2.  This Act takes effect September 1, 2001.