85R23889 CJC-D
By: Frank, Geren, Blanco H.B. No. 445
Substitute the following for H.B. No. 445:
By: Springer C.S.H.B. No. 445
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain property for certain ad
valorem tax incentives relating to wind-powered energy devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 312, Tax Code, is amended
by adding Section 312.0021 to read as follows:
Sec. 312.0021. PROHIBITION ON ABATEMENT OF TAXES ON CERTAIN
PROPERTY NEAR MILITARY AVIATION FACILITY. (a) In this section:
(1) "Military aviation facility" means a base,
station, fort, or camp at which fixed wing aviation operations or
training is conducted by the United States Air Force, the United
States Air Force Reserve, the United States Army, the United States
Army Reserve, the United States Navy, the United States Navy
Reserve, the United States Marine Corps, the United States Marine
Corps Reserve, the United States Coast Guard, the United States
Coast Guard Reserve, or the Texas National Guard.
(2) "Wind-powered energy device" has the meaning
assigned by Section 11.27.
(b) Notwithstanding any other provision of this chapter, an
owner or lessee of a parcel of real property that is located wholly
or partly in a reinvestment zone may not receive an exemption from
taxation of any portion of the value of the parcel of real property
or of tangible personal property located on the parcel of real
property under a tax abatement agreement under this chapter that is
entered into on or after September 1, 2017, including an agreement
the approval of which is pending on that date, if, on or after
September 1, 2017, a wind-powered energy device is installed or
constructed on the same parcel of real property at a location that
is within 25 nautical miles of the boundaries of a military aviation
facility located in this state. The prohibition provided by this
section applies regardless of whether the wind-powered energy
device is installed or constructed at a location that is in the
reinvestment zone.
SECTION 2. Section 313.024, Tax Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) Notwithstanding any other provision of this
subchapter, an owner of a parcel of land that is located wholly or
partly in a reinvestment zone, a new building constructed on the
parcel of land, a new improvement erected or affixed on the parcel
of land, or tangible personal property placed in service in the
building or improvement or on the parcel of land may not receive a
limitation on appraised value under this subchapter for the parcel
of land, building, improvement, or tangible personal property under
an agreement under this subchapter that is entered into on or after
September 1, 2017, including an agreement for the implementation of
a limitation the application for which is pending on that date, if,
on or after September 1, 2017, a wind-powered energy device is
installed or constructed on the same parcel of land at a location
that is within 25 nautical miles of the boundaries of a military
aviation facility located in this state. The prohibition provided
by this subsection applies regardless of whether the wind-powered
energy device is installed or constructed at a location that is in
the reinvestment zone.
SECTION 3. Section 313.024(e), Tax Code, is amended by
adding Subdivisions (8) and (9) to read as follows:
(8) "Military aviation facility" has the meaning
assigned by Section 312.0021.
(9) "Wind-powered energy device" has the meaning
assigned by Section 11.27.
SECTION 4. This Act takes effect September 1, 2017.