83R2073 BEF-D
 
  By: Lucio S.B. No. 371
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the manner in which the tax on the even exchange of
  motor vehicles is applied.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 152.024, Tax Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  A tax is imposed on each party to a transaction
  involving the even exchange of two motor vehicles. A transaction
  involving the exchange of two motor vehicles is considered an even
  exchange only if the difference in the values of the vehicles, as
  determined under Subsection (d), is less than or equal to $80.
         (d)  For purposes of this section, the value of a motor
  vehicle involved in an exchange is:
               (1)  the standard presumptive value of the vehicle as
  defined by Section 152.0412(a), unless the person applying for
  transfer of title establishes the valuation under Subdivision (2);
  or
               (2)  the valuation of the vehicle under Section
  152.0412(d) if the person applying for transfer of title
  establishes the valuation in the manner provided by that section.
         SECTION 2.  Section 152.0412(g), Tax Code, is amended to
  read as follows:
         (g)  This section does not apply to a transaction described
  by Section 152.024, except as provided by Subsection (d) of that
  section, or Section 152.025.
         SECTION 3.  Section 152.024, Tax Code, as amended by this
  Act, applies only to an exchange of motor vehicles with respect to
  which a person applies for a transfer of title on or after the
  effective date of this Act. An exchange of motor vehicles with
  respect to which a person applies for a transfer of title before the
  effective date of this Act is governed by the law in effect on the
  date the application for transfer of title is made, and the former
  law is continued in effect for that purpose.
         SECTION 4.  The change in law made by this Act does not
  affect tax liability accruing before the effective date of this
  Act. That liability continues in effect as if this Act had not been
  enacted, and the former law is continued in effect for the
  collection of taxes due and for civil and criminal enforcement of
  the liability for those taxes.
         SECTION 5.  This Act takes effect September 1, 2013.