78R4986 RCJ-D
By: Armbrister S.B. No. 456
A BILL TO BE ENTITLED
AN ACT
relating to an exemption from ad valorem taxation of certain
commercial boats and equipment used for taking or producing fish,
shrimp, shellfish, or other marine life.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended
by adding Section 11.162 to read as follows:
Sec. 11.162. COMMERCIAL FISHING BOATS AND EQUIPMENT. (a)
In this section, "boat" means a vessel that does not exceed 100 feet
in length.
(b) A person is entitled to an exemption from taxation of
each boat the person owns and uses primarily in the taking or
production of fish, shrimp, shellfish, or other marine life to sell
as food for human consumption.
(c) The exemption provided by this section also applies to
nets and other equipment used primarily in connection with the use
of the boat for the exempt purposes provided by Subsection (b).
SECTION 2. Section 11.43(c), Tax Code, is amended to read
as follows:
(c) An exemption provided by Section 11.13, 11.162, 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 3. This Act takes effect January 1, 2004, but only
if the constitutional amendment proposed by the 78th Legislature,
Regular Session, 2003, to exempt from ad valorem taxation certain
commercial boats and equipment used for taking or producing fish,
shrimp, shellfish, or other marine life is approved by the voters.
If that proposed constitutional amendment is not approved by the
voters, this Act has no effect.