Texas 2021 87th Regular

Texas House Bill HB987 Introduced / Bill

Filed 01/06/2021

                    87R2695 SMT-D
 By: Shine H.B. No. 987


 A BILL TO BE ENTITLED
 AN ACT
 relating to an exemption from ad valorem taxation of all or a
 portion of the value of a person's income-producing tangible
 personal property depending on the value of the property.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 11.145, Tax Code, is amended to read as
 follows:
 Sec. 11.145.  INCOME-PRODUCING TANGIBLE PERSONAL PROPERTY
 HAVING VALUE OF LESS THAN $5,000 [$500].  (a)  A person is entitled
 to an exemption from taxation of the tangible personal property the
 person owns that is held or used for the production of income if the
 [that] property is listed in a single account maintained by the
 appraisal district that appraises the property and the total [has
 a] taxable value of all property listed in the account is  less than
 $5,000 [$500].
 (b)  The exemption provided by Subsection (a) applies to each
 separate taxing unit in which a person holds or uses tangible
 personal property for the production of income[, and, for the
 purposes of Subsection (a), all property in each taxing unit is
 aggregated to determine taxable value].
 (c)  A person may receive more than one exemption under
 Subsection (a).
 SECTION 2.  Subchapter B, Chapter 11, Tax Code, is amended by
 adding Section 11.1455 to read as follows:
 Sec. 11.1455.  INCOME-PRODUCING TANGIBLE PERSONAL PROPERTY
 HAVING VALUE OF $5,000 OR MORE AND LESS THAN $500,000.  (a)  A person
 is entitled to an exemption from taxation of a portion of the value
 of the tangible personal property the person owns that is held or
 used for the production of income if the property is listed in a
 single account maintained by the appraisal district that appraises
 the property and the total taxable value of all property listed in
 the account is $5,000 or more and less than $500,000. The amount of
 the exemption is equal to 20 percent of the total taxable value of
 all property listed in the account.
 (b)  The exemption provided by Subsection (a) applies to each
 separate taxing unit in which a person holds or uses tangible
 personal property for the production of income.
 (c)  A person may receive more than one exemption under
 Subsection (a).
 SECTION 3.  Section 11.43(a), Tax Code, is amended to read as
 follows:
 (a)  To receive an exemption, a person claiming the
 exemption, other than an exemption authorized by Section 11.11,
 11.12, 11.14, 11.141, 11.145, 11.1455, 11.146, 11.15, 11.16,
 11.161, or 11.25, must apply for the exemption. To apply for an
 exemption, a person must file an exemption application form with
 the chief appraiser for each appraisal district in which the
 property subject to the claimed exemption has situs.
 SECTION 4.  This Act applies only to ad valorem taxes imposed
 for a tax year beginning on or after the effective date of this Act.
 SECTION 5.  (a) Except as provided by Subsection (b) of this
 section, this Act takes effect January 1, 2022.
 (b)  Section 11.1455, Tax Code, as added by this Act, and
 Section 11.43(a), Tax Code, as amended by this Act, take effect
 January 1, 2022, but only if the constitutional amendment proposed
 by the 87th Legislature, Regular Session, 2021, authorizing the
 legislature to exempt from ad valorem taxation a portion of the
 value of a person's income-producing tangible personal property if
 the property has a value within a specified range of values is
 approved by the voters. If that amendment is not approved by the
 voters, Section 11.1455, Tax Code, as added by this Act, and Section
 11.43(a), Tax Code, as amended by this Act, have no effect.