79S30394 JD-D

By:  Miller                                                       H.B. No. 45 


A BILL TO BE ENTITLED
AN ACT
relating to the ad valorem taxation of certain property that is part of a rail facility owned by certain rural rail transportation districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 25.07(b), Tax Code, is amended to read as follows: (b) Except as provided by Sections 11.11(b) [Subsections (b)] and (c) [of Section 11.11 of this code], a leasehold or other possessory interest in exempt property may not be listed if: (1) the property is permanent university fund land; (2) the property is county public school fund agricultural land; (3) the property is a part of a public transportation facility owned by an incorporated city or town and: (A) is an airport passenger terminal building or a building used primarily for maintenance of aircraft or other aircraft services, for aircraft equipment storage, or for air cargo; (B) is an airport fueling system facility; (C) is in a foreign-trade zone: (i) that has been granted to a joint airport board under Chapter 129, Acts of the 65th Legislature, Regular Session, 1977 (Article 1446.8, Vernon's Texas Civil Statutes); (ii) the area of which in the portion of the zone located in the airport operated by the joint airport board does not exceed 2,500 acres; and (iii) that is established and operating pursuant to federal law; or (D)(i) is in a foreign trade zone established pursuant to federal law after June 1, 1991, which operates pursuant to federal law; (ii) is contiguous to or has access via a taxiway to an airport located in two counties, one of which has a population of 500,000 or more according to the federal decennial census most recently preceding the establishment of the foreign trade zone; and (iii) is owned, directly or through a corporation organized under the Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), by the same incorporated city or town which owns the airport; (4) the interest is in a part of: (A) a park, market, fairground, or similar public facility that is owned by an incorporated city or town; or (B) a convention center, visitor center, sports facility with permanent seating, concert hall, arena, or stadium that is owned by an incorporated city or town as such leasehold or possessory interest serves a governmental, municipal, or public purpose or function when the facility is open to the public, regardless of whether a fee is charged for admission; (5) the interest involves only the right to use the property for grazing or other agricultural purposes; (6) the property is owned by the Texas National Research Laboratory Commission or by a corporation formed by the Texas National Research Laboratory Commission under Section 465.008(g), Government Code, and is used or is useful in connection with an eligible undertaking as defined by Section 465.021, Government Code; [or] (7) the property is: (A) owned by a municipality, a public port, or a navigation district created or operating under Section 59, Article XVI, Texas Constitution, or under a statute enacted under Section 59, Article XVI, Texas Constitution; and (B) used as an aid or facility incidental to or useful in the operation or development of a port or waterway or in aid of navigation-related commerce; or (8) the property is part of a rail facility owned by a rural rail transportation district created or operating under Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes). SECTION 2. This Act applies only to the appraisal records for a tax year that begins on or after January 1, 2007. SECTION 3. This Act takes effect January 1, 2007.