1 | 1 | | H.B. No. 2814 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the procedure for claiming an exemption from ad valorem |
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6 | 6 | | taxation for a motor vehicle used for the production of income and |
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7 | 7 | | for personal activities. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 11.43(c), Tax Code, is amended to read as |
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10 | 10 | | follows: |
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11 | 11 | | (c) An exemption provided by Section 11.13, 11.17, 11.18, |
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12 | 12 | | 11.182, 11.183, 11.19, 11.20, 11.21, 11.22, 11.23(h), (j), or |
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13 | 13 | | (j-1), 11.254, 11.29, 11.30, or 11.31, once allowed, need not be |
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14 | 14 | | claimed in subsequent years, and except as otherwise provided by |
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15 | 15 | | Subsection (e), the exemption applies to the property until it |
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16 | 16 | | changes ownership or the person's qualification for the exemption |
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17 | 17 | | changes. However, the chief appraiser may require a person allowed |
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18 | 18 | | one of the exemptions in a prior year to file a new application to |
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19 | 19 | | confirm the person's current qualification for the exemption by |
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20 | 20 | | delivering a written notice that a new application is required, |
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21 | 21 | | accompanied by an appropriate application form, to the person |
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22 | 22 | | previously allowed the exemption. |
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23 | 23 | | SECTION 2. Section 11.253, Tax Code, as added by Chapter 842 |
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24 | 24 | | (H.B. 1022), Acts of the 80th Legislature, Regular Session, 2007, |
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25 | 25 | | is renumbered as Section 11.254, Tax Code, to read as follows: |
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26 | 26 | | Sec. 11.254 [11.253]. MOTOR VEHICLE USED FOR PRODUCTION OF |
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27 | 27 | | INCOME AND FOR PERSONAL ACTIVITIES. (a) Except as provided by |
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28 | 28 | | Subsection (c), an individual is entitled to an exemption from |
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29 | 29 | | taxation of one motor vehicle owned by the individual that is used |
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30 | 30 | | in the course of the individual's occupation or profession and is |
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31 | 31 | | also used for personal activities of the owner that do not involve |
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32 | 32 | | the production of income. |
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33 | 33 | | (b) In this section, "motor vehicle" means a passenger car |
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34 | 34 | | or light truck as those terms are defined by Section 502.001, |
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35 | 35 | | Transportation Code. |
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36 | 36 | | (c) A person who has been granted or applied for an |
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37 | 37 | | exemption under this section may not apply for another exemption |
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38 | 38 | | under this section until after the application or exemption has |
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39 | 39 | | been denied. |
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40 | 40 | | (d) This section does not apply to a motor vehicle used to |
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41 | 41 | | transport passengers for hire. |
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42 | 42 | | SECTION 3. Section 22.01(k), Tax Code, is amended to read as |
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43 | 43 | | follows: |
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44 | 44 | | (k) Notwithstanding Subsections (a) and (b), an individual |
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45 | 45 | | who has been granted or has applied for an exemption from taxation |
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46 | 46 | | under Section 11.254 [11.253] for a motor vehicle the individual |
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47 | 47 | | owns is not required to render the motor vehicle for taxation. |
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48 | 48 | | SECTION 4. This Act applies only to ad valorem taxes imposed |
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49 | 49 | | for a tax year beginning on or after the effective date of this Act. |
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50 | 50 | | SECTION 5. This Act takes effect January 1, 2010. |
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51 | 51 | | ______________________________ ______________________________ |
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52 | 52 | | President of the Senate Speaker of the House |
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53 | 53 | | I certify that H.B. No. 2814 was passed by the House on April |
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54 | 54 | | 15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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55 | 55 | | voting. |
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56 | 56 | | ______________________________ |
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57 | 57 | | Chief Clerk of the House |
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58 | 58 | | I certify that H.B. No. 2814 was passed by the Senate on May |
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59 | 59 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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60 | 60 | | ______________________________ |
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61 | 61 | | Secretary of the Senate |
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62 | 62 | | APPROVED: _____________________ |
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63 | 63 | | Date |
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64 | 64 | | _____________________ |
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65 | 65 | | Governor |
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