83R612 SMH-D
 
  By: Otto H.B. No. 315
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of the law governing the ad valorem
  taxation of a dealer's motor vehicle inventory.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 23.121, Tax Code, is amended by adding
  Subsections (f-1) and (f-2) to read as follows:
         (f-1)  A dealer may elect to have the dealer's motor vehicle
  inventory appraised in the manner provided by Section 23.12,
  including Subsection (f) of that section, rather than this section
  if:
               (1)  the total annual sales from the dealer's motor
  vehicle inventory, less sales to dealers, fleet transactions, and
  subsequent sales, for the 12-month period corresponding to the
  preceding tax year are 25 percent or less of the dealer's total
  revenue from all sources during that period; or
               (2)  the dealer did not sell a motor vehicle to a person
  other than another dealer during the 12-month period corresponding
  to the preceding tax year and the dealer estimates that the dealer's
  total annual sales from the dealer's motor vehicle inventory, less
  sales to dealers, fleet transactions, and subsequent sales, for the
  12-month period corresponding to the current tax year will be 25
  percent or less of the dealer's total revenue from all sources
  during that period.
         (f-2)  The Dealer's Motor Vehicle Inventory Declaration form
  promulgated by the comptroller under Subsection (f) must permit a
  dealer to make the election described by Subsection (f-1). The
  election must be made annually. A dealer who makes the election is
  not subject to Section 23.122 for the tax year for which the
  election is made.
         SECTION 2.  This Act applies only to the ad valorem taxation
  of a dealer's motor vehicle inventory for a tax year beginning on or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2014.