C.S.H.B. 104 78(R)    BILL ANALYSIS


C.S.H.B. 104
By: Chavez
Local Government Ways and Means
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, certain tangible personal property is exempt from ad
valorem taxation if the property is detained in this state for assembling,
storing, manufacturing, processing, or fabricating purposes by the person
who acquired or imported the property. However, property that would
otherwise be exempt, such as warehouse inventory, is subject to taxation
by the state which may place the Texas warehousing industry at a
competitive disadvantage to similar industries in neighboring states or
across the border. C.S.H.B. 104 authorizes the legislature to exempt
tangible personal property that consists of goods-in-transit from ad
valorem taxation.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 104 amends the Tax Code to provide a tax exemption for the
appraised value of the portion of a person's property that consists of
goods-in-transit. The bill sets forth the method that the chief appraiser
is required to use in determining the appraised value of goods-in-transit
and the percentage of the market value of inventory or other property
owned by the property owner that was contributed by goods-in-transit. The
bill also provides exceptions in determining the appraised value or market
value if the property owner was not engaged in transporting
goods-in-transit intrastate for the entire preceding year or if the
property owner or the chief appraiser demonstrates that the calculation
method significantly understates or overstates the market value of the
qualified exempted property. 

C.S.H.B. 104 authorizes the chief appraiser to require a property owner
who claims an exemption for goods-in transit to provide copies of property
records to determine if the goods-in-transit exemption satisfies the
applicable provisions. The bill authorizes the governing body of a taxing
unit to provide for the taxation of tangible property that is exempt as a
goods-in-transit and not exempt under other law. Before acting to tax the
exempt property, the governing body of the taxing unit must conduct a
public hearing. 

C.S.H.B. 104 modifies the definition of "taxable value" used to determine
school district property taxes to exempt goods-in-transit.  

EFFECTIVE DATE

January 1, 2004

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 104 differs from the original by amending that certain
definitions have the meanings assigned by Tax Code, subchapter B, Chapter
23.  The substitute also expands on the definition of goods-in-transit and
the meaning of tangible personal property.  The substitute replaces, 270
days with 175 days, changing the amount of days that goods can be
transported to another location in this state.