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.