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  85S10686 SMT-F
 
  By: Capriglione H.B. No. 239
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exemption from ad valorem taxation of precious
  metal held in the Texas Bullion Depository.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 11, Tax Code, is amended by
  adding Section 11.141 to read as follows:
         Sec. 11.141.  PRECIOUS METAL HELD IN TEXAS BULLION
  DEPOSITORY. (a) For purposes of this section, "precious metal" has
  the meaning assigned by Section 2116.001, Government Code.
         (b)  A person is entitled to an exemption from taxation of
  the precious metal that the person owns and that is held in the
  Texas Bullion Depository established under Chapter 2116,
  Government Code, regardless of whether the precious metal is held
  or used by the person for the production of income.
         (c)  Notwithstanding Section 11.14(c), the governing body of
  a taxing unit may not provide for the taxation of precious metal
  exempted from taxation under Subsection (b).
         SECTION 2.  Section 11.42(b), Tax Code, is amended to read as
  follows:
         (b)  An exemption authorized by Section 11.11 or 11.141 is
  effective immediately on qualification for the exemption.
         SECTION 3.  Section 11.43(a), Tax Code, is amended to read as
  follows:
         (a)  To receive an exemption, a person claiming the
  exemption, other than an exemption authorized by Section 11.11,
  11.12, 11.14, 11.141, 11.145, 11.146, 11.15, 11.16, 11.161, or
  11.25 [of this code], must apply for the exemption. To apply for an
  exemption, a person must file an exemption application form with
  the chief appraiser for each appraisal district in which the
  property subject to the claimed exemption has situs.
         SECTION 4.  Section 11.141, Tax Code, as added by this Act,
  applies only to a tax year beginning on or after January 1, 2018.
         SECTION 5.  This Act takes effect January 1, 2018, but only
  if the constitutional amendment proposed by the 85th Legislature,
  1st Called Session, 2017, authorizing the legislature to exempt
  from ad valorem taxation precious metal held in the Texas Bullion
  Depository is approved by the voters. If that amendment is not
  approved by the voters, this Act has no effect.