By: Edwards, et al. (Senate Sponsor - Ellis) H.B. No. 3206
         (In the Senate - Received from the House May 18, 2009;
  May 19, 2009, read first time and referred to Committee on Finance;
  May 23, 2009, reported favorably by the following vote:  Yeas 11,
  Nays 0; May 23, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the implementation of the exemption from ad valorem
  taxation for pollution control property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.31, Tax Code, is amended by adding
  Subsections (g-1) and (n) to read as follows:
         (g-1)  The standards and methods for making a determination
  under this section that are established in the rules adopted under
  Subsection (g) apply uniformly to all applications for
  determinations under this section, including applications relating
  to facilities, devices, or methods for the control of air, water, or
  land pollution included on a list adopted by the Texas Commission on
  Environmental Quality under Subsection (k).
         (n)  The Texas Commission on Environmental Quality shall
  establish a permanent advisory committee consisting of
  representatives of industry, appraisal districts, taxing units,
  and environmental groups, as well as members who are not
  representatives of any of those entities but have substantial
  technical expertise in pollution control technology and
  environmental engineering, to advise the commission regarding the
  implementation of this section. Chapter 2110, Government Code,
  does not apply to the size, composition, or duration of the advisory
  committee.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Texas Commission on Environmental Quality shall
  appoint the initial members of the advisory committee under Section
  11.31(n), Tax Code, as added by this Act.
         SECTION 3.  (a)  The change in law made by this Act applies
  only to a determination under Section 11.31, Tax Code:
               (1)  issued before the effective date of this Act that
  is not final as of the effective date of this Act or issued on or
  after the effective date of this Act; and
               (2)  the application for which:
                     (A)  was filed before the effective date of this
  Act but not before January 1, 2009; or
                     (B)  is filed on or after the effective date of
  this Act.
         (b)  A determination under Section 11.31, Tax Code, that is
  final as of the effective date of this Act or the application for
  which was filed before January 1, 2009, is governed by the law as it
  existed immediately before the effective date of this Act, and that
  law is continued in effect for that purpose.
         SECTION 4.  This Act applies only to ad valorem taxes imposed
  for a tax year beginning on or after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2009.
 
  * * * * *