BILL ANALYSIS

 

 

Senate Research Center

S.B. 1214

 

By: Schwertner; Seliger

 

Finance

 

6/11/2019

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Agriculture remains one of the most important features of the Texas economy. Many workers in the industry require an aircraft in order to effectively do their work. Currently, the Tax Code limits aircraft to 30 miles to qualify for the tax exemption. Certain operations, such as crop dusting, inherently require more than 30 miles of air travel in an aircraft.

 

S.B. 1214 amends the Tax Code to remove the distance limitation for tax exempt agricultural aircraft and changes it to intrastate travel. S.B. 1214 retains the requirement that the aircraft be primarily (95 percent) used for agricultural purposes, and adds that business operations qualify as a primary purpose. (Original Author's/Sponsor's Statement of Intent)

 

S.B. 1214 amends current law relating to the sales and use tax exemption for certain aircraft.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 151.328(h), Tax Code, as follows:

 

(h) Provides that intrastate travel, rather than travel of less than 30 miles each way, to a location to perform a service described by Subsections (a)(5)(A)-(F) (relating to providing that certain aircraft sold in this state to a person for use exclusively in connection with an agricultural use are exempt from certain taxes) does not disqualify an aircraft from the exemption under Subsection (a)(5).

 

SECTION 2. Provides that the changes in law made by this Act do not affect tax liability accruing before the effective date of this Act. Provides that 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 3. Effective date: September 1, 2019.