Texas 2009 - 81st Regular

Texas House Bill HB2814 Compare Versions

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11 H.B. No. 2814
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44 AN ACT
55 relating to the procedure for claiming an exemption from ad valorem
66 taxation for a motor vehicle used for the production of income and
77 for personal activities.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 11.43(c), Tax Code, is amended to read as
1010 follows:
1111 (c) An exemption provided by Section 11.13, 11.17, 11.18,
1212 11.182, 11.183, 11.19, 11.20, 11.21, 11.22, 11.23(h), (j), or
1313 (j-1), 11.254, 11.29, 11.30, or 11.31, once allowed, need not be
1414 claimed in subsequent years, and except as otherwise provided by
1515 Subsection (e), the exemption applies to the property until it
1616 changes ownership or the person's qualification for the exemption
1717 changes. However, the chief appraiser may require a person allowed
1818 one of the exemptions in a prior year to file a new application to
1919 confirm the person's current qualification for the exemption by
2020 delivering a written notice that a new application is required,
2121 accompanied by an appropriate application form, to the person
2222 previously allowed the exemption.
2323 SECTION 2. Section 11.253, Tax Code, as added by Chapter 842
2424 (H.B. 1022), Acts of the 80th Legislature, Regular Session, 2007,
2525 is renumbered as Section 11.254, Tax Code, to read as follows:
2626 Sec. 11.254 [11.253]. MOTOR VEHICLE USED FOR PRODUCTION OF
2727 INCOME AND FOR PERSONAL ACTIVITIES. (a) Except as provided by
2828 Subsection (c), an individual is entitled to an exemption from
2929 taxation of one motor vehicle owned by the individual that is used
3030 in the course of the individual's occupation or profession and is
3131 also used for personal activities of the owner that do not involve
3232 the production of income.
3333 (b) In this section, "motor vehicle" means a passenger car
3434 or light truck as those terms are defined by Section 502.001,
3535 Transportation Code.
3636 (c) A person who has been granted or applied for an
3737 exemption under this section may not apply for another exemption
3838 under this section until after the application or exemption has
3939 been denied.
4040 (d) This section does not apply to a motor vehicle used to
4141 transport passengers for hire.
4242 SECTION 3. Section 22.01(k), Tax Code, is amended to read as
4343 follows:
4444 (k) Notwithstanding Subsections (a) and (b), an individual
4545 who has been granted or has applied for an exemption from taxation
4646 under Section 11.254 [11.253] for a motor vehicle the individual
4747 owns is not required to render the motor vehicle for taxation.
4848 SECTION 4. This Act applies only to ad valorem taxes imposed
4949 for a tax year beginning on or after the effective date of this Act.
5050 SECTION 5. This Act takes effect January 1, 2010.
5151 ______________________________ ______________________________
5252 President of the Senate Speaker of the House
5353 I certify that H.B. No. 2814 was passed by the House on April
5454 15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
5555 voting.
5656 ______________________________
5757 Chief Clerk of the House
5858 I certify that H.B. No. 2814 was passed by the Senate on May
5959 27, 2009, by the following vote: Yeas 31, Nays 0.
6060 ______________________________
6161 Secretary of the Senate
6262 APPROVED: _____________________
6363 Date
6464 _____________________
6565 Governor