78R90 JD-D

By:  Chisum                                                       H.B. No. 40 


A BILL TO BE ENTITLED
AN ACT
relating to the exemption of travel trailers from ad valorem taxation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 11.14(a), Tax Code, is amended to read as follows: (a) Except as otherwise provided by this subsection, a person is entitled to an exemption from taxation of all tangible personal property, other than manufactured homes, that the person owns and that is not held or used for production of income. This subsection does not apply to [exempt from taxation] a travel trailer, as defined by Section 11.142, that a person owns. SECTION 2. Section 11.142(b), Tax Code, is amended to read as follows: (b) A [The governing body of a taxing unit, other than a school district, by official action of the body adopted in the manner required by law for official action may exempt from taxation a] travel trailer that a person owns is exempt from taxation, regardless of whether the travel trailer is real or personal property, if: (1) on January 1 of the applicable tax year, the travel trailer is registered in this state in compliance with Chapter 502, Transportation Code; and (2) the travel trailer is not held or used for the production of income. SECTION 3. Section 11.43(c), Tax Code, is amended to read as follows: (c) An exemption provided by Section 11.13, 11.142, 11.17, 11.18, 11.182, 11.183, 11.19, 11.20, 11.21, 11.22, 11.23(j), 11.29, 11.30, or 11.31, once allowed, need not be claimed in subsequent years, and except as otherwise provided by Subsection (e), the exemption applies to the property until it changes ownership or the person's qualification for the exemption changes. However, the chief appraiser may require a person allowed one of the exemptions in a prior year to file a new application to confirm the person's current qualification for the exemption by delivering a written notice that a new application is required, accompanied by an appropriate application form, to the person previously allowed the exemption. SECTION 4. This Act takes effect January 1, 2004, and applies only to ad valorem taxes imposed for a tax year that begins on or after that date, but only if the constitutional amendment proposed by the 78th Legislature, Regular Session, 2003, authorizing the legislature to exempt from ad valorem taxation travel trailers that are registered in this state and are not held or used for the production of income is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.