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AN ACT
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relating to the ad valorem taxation of certain property that is part |
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of certain public transportation facilities or part of certain rail |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.07(b), Tax Code, is amended to read as |
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follows: |
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(b) Except as provided by Sections 11.11(b) [Subsections
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(b)] and (c) [of Section 11.11 of this code], a leasehold or other |
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possessory interest in exempt property may not be listed if: |
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(1) the property is permanent university fund land; |
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(2) the property is county public school fund |
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agricultural land; |
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(3) the property is a part of a public transportation |
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facility owned by a municipality or county [an incorporated city or
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town] and: |
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(A) is an airport passenger terminal building or |
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a building used primarily for maintenance of aircraft or other |
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aircraft services, for aircraft equipment storage, or for air |
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cargo; |
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(B) is an airport fueling system facility; |
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(C) is in a foreign-trade zone: |
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(i) that has been granted to a joint airport |
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board under Chapter 129, Acts of the 65th Legislature, Regular |
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Session, 1977 (Article 1446.8, Vernon's Texas Civil Statutes); |
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(ii) the area of which in the portion of the |
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zone located in the airport operated by the joint airport board does |
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not exceed 2,500 acres; and |
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(iii) that is established and operating |
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pursuant to federal law; or |
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(D)(i) is in a foreign trade zone established |
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pursuant to federal law after June 1, 1991, which operates pursuant |
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to federal law; |
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(ii) is contiguous to or has access via a |
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taxiway to an airport located in two counties, one of which has a |
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population of 500,000 or more according to the federal decennial |
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census most recently preceding the establishment of the foreign |
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trade zone; and |
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(iii) is owned, directly or through a |
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corporation organized under the Development Corporation Act of 1979 |
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(Article 5190.6, Vernon's Texas Civil Statutes), by the same |
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municipality [incorporated city or town] which owns the airport; |
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(4) the interest is in a part of: |
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(A) a park, market, fairground, or similar public |
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facility that is owned by a municipality [an incorporated city or
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town]; or |
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(B) a convention center, visitor center, sports |
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facility with permanent seating, concert hall, arena, or stadium |
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that is owned by a municipality [an incorporated city or town] as |
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such leasehold or possessory interest serves a governmental, |
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municipal, or public purpose or function when the facility is open |
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to the public, regardless of whether a fee is charged for admission; |
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(5) the interest involves only the right to use the |
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property for grazing or other agricultural purposes; |
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(6) the property is owned by the Texas National |
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Research Laboratory Commission or by a corporation formed by the |
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Texas National Research Laboratory Commission under Section |
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465.008(g), Government Code, and is used or is useful in connection |
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with an eligible undertaking as defined by Section 465.021, |
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Government Code; [or] |
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(7) the property is: |
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(A) owned by a municipality, a public port, or a |
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navigation district created or operating under Section 59, Article |
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XVI, Texas Constitution, or under a statute enacted under Section |
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59, Article XVI, Texas Constitution; and |
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(B) used as an aid or facility incidental to or |
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useful in the operation or development of a port or waterway or in |
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aid of navigation-related commerce; or |
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(8) the property is part of a rail facility owned by a |
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rural rail transportation district created or operating under |
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Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 |
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(Article 6550c, Vernon's Texas Civil Statutes). |
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SECTION 2. This Act takes effect January 1, 2008. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 316 was passed by the House on March |
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13, 2007, by the following vote: Yeas 140, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 316 was passed by the Senate on May |
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22, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |