Texas 2019 - 86th Regular

Texas Senate Bill SB1013 Compare Versions

OldNewDifferences
1-86R21834 JES-F
21 By: Hughes S.B. No. 1013
3- (Murphy)
4- Substitute the following for S.B. No. 1013: No.
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
96 relating to the calculation of the penalty for filing a late
107 application for certain ad valorem tax exemptions and allocations.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Section 11.4391, Tax Code, is amended by
13- amending Subsection (b) and adding Subsection (b-1) to read as
9+ SECTION 1. Section 11.4391(b), Tax Code, is amended to read
10+ as follows:
11+ (b) If the application is approved, the property owner is
12+ liable to each taxing unit allowing the exemption for a penalty in
13+ an amount equal to 10 percent of the difference between the amount
14+ of tax imposed by the taxing unit on the inventory or property, a
15+ portion of which consists of freeport goods, and the amount that
16+ would otherwise have been imposed up to a maximum penalty of 10
17+ percent of the tax imposed with the exemption.
18+ SECTION 2. Section 21.10(b), Tax Code, is amended to read as
1419 follows:
15- (b) Except as provided by Subsection (b-1), if [If] the
16- application is approved, the property owner is liable to each
17- taxing unit allowing the exemption for a penalty in an amount equal
18- to 10 percent of the difference between the amount of tax imposed by
19- the taxing unit on the inventory or property, a portion of which
20- consists of freeport goods, and the amount that would otherwise
21- have been imposed up to a maximum penalty of 10 percent of the tax
22- imposed with the exemption.
23- (b-1) If the total amount of the penalties for which a
24- property owner is liable under Subsection (b) to the taxing units
25- allowing the exemption is less than $5,000, the amount of the
26- penalty for which the owner is liable to each taxing unit allowing
27- the exemption is computed by multiplying $5,000 by a fraction, the
28- numerator of which is the amount of the penalty to which that taxing
29- unit is entitled as calculated under that subsection and the
30- denominator of which is the total amount of the penalties to which
31- the taxing units allowing the exemption are entitled as calculated
32- under that subsection.
33- SECTION 2. Section 21.10, Tax Code, is amended by amending
34- Subsection (b) and adding Subsection (b-1) to read as follows:
35- (b) Except as provided by Subsection (b-1), if [If] the
36- application is approved, the property owner is liable to each
37- taxing unit for a penalty in an amount equal to 10 percent of the
38- difference between the amount of tax imposed by the taxing unit on
39- the property without the allocation and the amount of tax imposed on
40- the property with the allocation up to a maximum penalty of 10
41- percent of the tax imposed with the allocation.
42- (b-1) If the total amount of the penalties for which a
43- property owner is liable under Subsection (b) to the taxing units
44- that tax the property is less than $5,000, the amount of the penalty
45- for which the owner is liable to each taxing unit that taxes the
46- property is computed by multiplying $5,000 by a fraction, the
47- numerator of which is the amount of the penalty to which that taxing
48- unit is entitled as calculated under that subsection and the
49- denominator of which is the total amount of the penalties to which
50- the taxing units that tax the property are entitled as calculated
51- under that subsection.
52- SECTION 3. Section 11.4391, Tax Code, as amended by this
20+ (b) If the application is approved, the property owner is
21+ liable to each taxing unit for a penalty in an amount equal to 10
22+ percent of the difference between the amount of tax imposed by the
23+ taxing unit on the property without the allocation and the amount of
24+ tax imposed on the property with the allocation up to a maximum
25+ penalty of 10 percent of the tax imposed with the allocation.
26+ SECTION 3. Section 11.4391(b), Tax Code, as amended by this
5327 Act, applies only to an application for an exemption for freeport
5428 goods under Section 11.251, Tax Code, filed on or after the
5529 effective date of this Act.
56- SECTION 4. Section 21.10, Tax Code, as amended by this Act,
57- applies only to an application for an allocation under Section
30+ SECTION 4. Section 21.10(b), Tax Code, as amended by this
31+ Act, applies only to an application for an allocation under Section
5832 21.09, Tax Code, filed on or after the effective date of this Act.
5933 SECTION 5. This Act takes effect September 1, 2019.