1-1                                   AN ACT
 1-2     relating to the exemption from ad valorem taxation for freeport
 1-3     goods.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (h), Section 11.251, Tax Code, is
 1-6     amended to read as follows:
 1-7           (h)  The chief appraiser by written notice delivered to a
 1-8     property owner who claims an exemption under this section may
 1-9     require the property owner or a person designated in writing by the
1-10     importer of record to provide copies of inventory or property
1-11     records in order to determine the amount and value of freeport
1-12     goods.  If the property owner or designated person fails to deliver
1-13     the information requested in the notice before the 31st day after
1-14     the date the notice is delivered to the property owner or before
1-15     the date the appraisal review board approves the appraisal records
1-16     under Section 41.12, whichever is later, the property owner
1-17     forfeits the right to claim or receive the exemption for that year.
1-18     If the property owner or designated person delivers the information
1-19     requested in the notice before the date the appraisal review board
1-20     approves the appraisal records but not before the 31st day after
1-21     the date the notice is delivered to the property owner and the
1-22     exemption is allowed, the property owner is liable to each taxing
1-23     unit for a penalty in an amount equal to 10 percent of the
1-24     difference between the amount of tax imposed by the taxing unit on
1-25     the inventory or property and the amount that would otherwise have
 2-1     been imposed.  The chief appraiser shall make an entry on the
 2-2     appraisal records for the inventory or property indicating the
 2-3     property owner's liability for the penalty and shall deliver a
 2-4     written notice of imposition of the penalty, explaining the reason
 2-5     for its imposition, to the property owner.  The assessor for a
 2-6     taxing unit that taxes the inventory or property shall add the
 2-7     amount of the penalty to the property owner's tax bill, and the tax
 2-8     collector for the unit shall collect the penalty at the time and in
 2-9     the manner the collector collects the tax.  The amount of the
2-10     penalty constitutes a lien against the inventory or property
2-11     against which the penalty is imposed, as if it were a tax, and
2-12     accrues penalty and interest in the same manner as a delinquent
2-13     tax.
2-14           SECTION 2.  Subsection (e), Section 11.43, Tax Code, is
2-15     amended to read as follows:
2-16           (e)  Except as provided by Section 11.422, 11.431, 11.433,
2-17     11.434, [or] 11.435, or 11.439 [of this code], if a person required
2-18     to apply for an exemption in a given year fails to file timely a
2-19     completed application form, the person may not receive the
2-20     exemption for that year.
2-21           SECTION 3.  Subchapter C, Chapter 11, Tax Code, is amended by
2-22     adding Section 11.439 to read as follows:
2-23           Sec. 11.439.  LATE APPLICATION FOR FREEPORT EXEMPTION.
2-24     (a)  The chief appraiser shall accept and approve or deny an
2-25     application for an exemption for freeport goods under Section
2-26     11.251 after the deadline for filing it has passed if it is filed
 3-1     before the date the appraisal review board approves the appraisal
 3-2     records.
 3-3           (b)  If the application is approved, the property owner is
 3-4     liable to each taxing unit for a penalty in an amount equal to 10
 3-5     percent of the difference between the amount of tax imposed by the
 3-6     taxing unit on the inventory or property, a portion of which
 3-7     consists of freeport goods, and the amount that would otherwise
 3-8     have been imposed.
 3-9           (c)  The chief appraiser shall make an entry on the appraisal
3-10     records for the inventory or property indicating the property
3-11     owner's liability for the penalty and shall deliver a written
3-12     notice of imposition of the penalty, explaining the reason for its
3-13     imposition, to the property owner.
3-14           (d)  The tax assessor for a taxing unit that taxes the
3-15     inventory or property shall add the amount of the penalty to the
3-16     property owner's tax bill, and the tax collector for the unit shall
3-17     collect the penalty at the time and in the manner the collector
3-18     collects the tax.  The amount of the penalty constitutes a lien
3-19     against the inventory or property against which the penalty is
3-20     imposed, as if it were a tax, and accrues penalty and interest in
3-21     the same manner as a delinquent tax.
3-22           SECTION 4.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 862 passed the Senate on
         April 11, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 2, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 862 passed the House, with
         amendment, on April 27, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor