Texas 2023 - 88th Regular

Texas Senate Bill SB871 Compare Versions

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11 88R10543 TJB-D
22 By: Springer S.B. No. 871
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the exemption of inventory from ad valorem taxation.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 93.001(2), Business & Commerce Code, is
1010 amended to read as follows:
1111 (2) "Heavy equipment" means self-propelled,
1212 self-powered, or pull-type equipment, including farm equipment or a
1313 diesel engine, that weighs at least 1,500 pounds and is intended to
1414 be used for agricultural, construction, industrial, maritime,
1515 mining, or forestry uses. The term does not include a motor
1616 vehicle that is required by:
1717 (A) Chapter 501, Transportation Code, to be
1818 titled; or
1919 (B) Chapter 502, Transportation Code, to be
2020 registered [has the meaning assigned by Section 23.1241, Tax Code].
2121 SECTION 2. Section 6.24(b), Tax Code, is amended to read as
2222 follows:
2323 (b) The commissioners court with the approval of the county
2424 assessor-collector may contract as provided by the Interlocal
2525 Cooperation Act with the governing body of another taxing unit in
2626 the county or with the board of directors of the appraisal district
2727 for the other taxing unit or the district to perform duties relating
2828 to the assessment or collection of taxes for the county. If a
2929 county contracts to have its taxes assessed and collected by
3030 another taxing unit or by the appraisal district, [except as
3131 provided by Subsection (c),] the contract shall require the other
3232 taxing unit or the district to assess and collect all taxes the
3333 county is required to assess and collect.
3434 SECTION 3. Sections 11.251(b), (c), (d), and (h), Tax Code,
3535 are amended to read as follows:
3636 (b) A person is entitled to an exemption from taxation by a
3737 taxing unit of the appraised value of that portion of the person's
3838 [inventory or] property consisting of freeport goods as determined
3939 under this section for the taxing unit.
4040 (c) The exemption provided by Subsection (b) is subtracted
4141 from the market value of the [inventory or] property [determined
4242 under Section 23.12] to determine the taxable value of the
4343 [inventory or] property [for the taxing unit].
4444 (d) Except as provided by Subsections (f) and (g), the chief
4545 appraiser shall determine the appraised value of freeport goods
4646 under this subsection. The chief appraiser shall determine the
4747 percentage of the market value of [inventory or] property owned by
4848 the property owner in the preceding calendar year that was
4949 contributed by freeport goods. The chief appraiser shall apply
5050 that percentage to the market value of the property owner's
5151 [inventory or] property for the current year to determine the
5252 appraised value of freeport goods for the current year.
5353 (h) The chief appraiser by written notice delivered to a
5454 property owner who claims an exemption under this section may
5555 require the property owner or a person designated in writing by the
5656 importer of record to provide copies of [inventory or] property
5757 records in order to determine the amount and value of freeport
5858 goods. If the property owner or designated person fails to deliver
5959 the information requested in the notice before the 31st day after
6060 the date the notice is delivered to the property owner or before the
6161 date the appraisal review board approves the appraisal records
6262 under Section 41.12, whichever is later, the property owner
6363 forfeits the right to claim or receive the exemption for that year.
6464 If the property owner or designated person delivers the information
6565 requested in the notice before the date the appraisal review board
6666 approves the appraisal records but not before the 31st day after the
6767 date the notice is delivered to the property owner and the exemption
6868 is allowed, the property owner is liable to each taxing unit for a
6969 penalty in an amount equal to 10 percent of the difference between
7070 the amount of tax imposed by the taxing unit on the [inventory or]
7171 property and the amount that would otherwise have been imposed. The
7272 chief appraiser shall make an entry on the appraisal records for the
7373 [inventory or] property indicating the property owner's liability
7474 for the penalty and shall deliver a written notice of imposition of
7575 the penalty, explaining the reason for its imposition, to the
7676 property owner. The assessor for a taxing unit that taxes the
7777 [inventory or] property shall add the amount of the penalty to the
7878 property owner's tax bill, and the tax collector for the taxing unit
7979 shall collect the penalty at the time and in the manner the
8080 collector collects the tax. The amount of the penalty constitutes a
8181 lien against the [inventory or] property against which the penalty
8282 is imposed, as if it were a tax, and accrues penalty and interest in
8383 the same manner as a delinquent tax.
8484 SECTION 4. Section 11.253(a)(2), Tax Code, is amended to
8585 read as follows:
8686 (2) "Goods-in-transit" means tangible personal
8787 property that:
8888 (A) is acquired in or imported into this state to
8989 be forwarded to another location in this state or outside this
9090 state;
9191 (B) is stored under a contract of bailment by a
9292 public warehouse operator at one or more public warehouse
9393 facilities in this state that are not in any way owned or controlled
9494 by the owner of the personal property for the account of the person
9595 who acquired or imported the property;
9696 (C) is transported to another location in this
9797 state or outside this state not later than 175 days after the date
9898 the person acquired the property in or imported the property into
9999 this state; and
100100 (D) does not include oil, natural gas, petroleum
101101 products, or aircraft[, dealer's motor vehicle inventory, dealer's
102102 vessel and outboard motor inventory, dealer's heavy equipment
103103 inventory, or retail manufactured housing inventory].
104104 SECTION 5. Section 11.253(c), Tax Code, is amended to read
105105 as follows:
106106 (c) The exemption provided by Subsection (b) is subtracted
107107 from the market value of the property [determined under Section
108108 23.01 or 23.12, as applicable,] to determine the taxable value of
109109 the property.
110110 SECTION 6. Subchapter B, Chapter 11, Tax Code, is amended by
111111 adding Section 11.36 to read as follows:
112112 Sec. 11.36. INVENTORY. (a) In this section, "inventory"
113113 means:
114114 (1) a finished good held for sale or resale;
115115 (2) a raw or finished material held to be incorporated
116116 into or attached to tangible personal property to create a finished
117117 good; or
118118 (3) residential real property that has never been
119119 occupied as a residence and is held for sale in the ordinary course
120120 of a trade or business, provided that the residential real property
121121 remains unoccupied, is not leased or rented, and produces no
122122 income.
123123 (b) A person is entitled to an exemption from taxation by a
124124 taxing unit of inventory owned by the person.
125125 SECTION 7. Sections 11.4391(b), (c), and (d), Tax Code, are
126126 amended to read as follows:
127127 (b) If the application is approved, the property owner is
128128 liable to each taxing unit for a penalty in an amount equal to 10
129129 percent of the difference between the amount of tax imposed by the
130130 taxing unit on the [inventory or] property, a portion of which
131131 consists of freeport goods, and the amount that would otherwise
132132 have been imposed.
133133 (c) The chief appraiser shall make an entry on the appraisal
134134 records for the [inventory or] property indicating the property
135135 owner's liability for the penalty and shall deliver a written
136136 notice of imposition of the penalty, explaining the reason for its
137137 imposition, to the property owner.
138138 (d) The tax assessor for a taxing unit that taxes the
139139 [inventory or] property shall add the amount of the penalty to the
140140 property owner's tax bill, and the tax collector for the taxing unit
141141 shall collect the penalty at the time and in the manner the
142142 collector collects the tax. The amount of the penalty constitutes a
143143 lien against the [inventory or] property against which the penalty
144144 is imposed, as if it were a tax, and accrues penalty and interest in
145145 the same manner as a delinquent tax.
146146 SECTION 8. Sections 22.01(a) and (g), Tax Code, are amended
147147 to read as follows:
148148 (a) Except as provided by Chapter 24, a person shall render
149149 for taxation all tangible personal property used for the production
150150 of income that the person owns or that the person manages and
151151 controls as a fiduciary on January 1. A rendition statement shall
152152 contain:
153153 (1) the name and address of the property owner;
154154 (2) a description of the property by type or category;
155155 (3) [if the property is inventory, a description of
156156 each type of inventory and a general estimate of the quantity of
157157 each type of inventory;
158158 [(4)] the physical location or taxable situs of the
159159 property; and
160160 (4) [(5)] the property owner's good faith estimate of
161161 the market value of the property or, at the option of the property
162162 owner, the historical cost when new and the year of acquisition of
163163 the property.
164164 (g) A person's good faith estimate of the market value of
165165 the property under Subsection (a)(4) [(a)(5)] is solely for the
166166 purpose of compliance with the requirement to render tangible
167167 personal property and is inadmissible in any subsequent protest,
168168 hearing, appeal, suit, or other proceeding under this title
169169 involving the property, except for:
170170 (1) a proceeding to determine whether the person
171171 complied with this section;
172172 (2) a proceeding under Section 22.29(b); or
173173 (3) a protest under Section 41.41.
174174 SECTION 9. Section 22.04(d), Tax Code, is amended to read as
175175 follows:
176176 (d) This section does not apply to a motor vehicle that on
177177 January 1 is located at a place of business of a person who holds a
178178 wholesale motor vehicle auction general distinguishing number
179179 issued by the Texas Department of Motor Vehicles under Chapter 503,
180180 Transportation Code, for that place of business, and that:
181181 (1) has not acquired taxable situs under Section
182182 21.02(a)(1) in a taxing unit that participates in the appraisal
183183 district because the vehicle is described by Section 21.02(d);
184184 (2) is offered for sale by a dealer who holds a
185185 dealer's general distinguishing number issued by the Texas
186186 Department of Motor Vehicles under Chapter 503, Transportation
187187 Code[, and whose inventory of motor vehicles is subject to taxation
188188 in the manner provided by Sections 23.121 and 23.122]; or
189189 (3) is collateral possessed by a lienholder and
190190 offered for sale in foreclosure of a security interest.
191191 SECTION 10. Section 22.07(c), Tax Code, is amended to read
192192 as follows:
193193 (c) The chief appraiser may request, either in writing or by
194194 electronic means, that the property owner provide a statement
195195 containing supporting information indicating how the value
196196 rendered under Section 22.01(a)(4) [22.01(a)(5)] was
197197 determined. The statement must:
198198 (1) summarize information sufficient to identify the
199199 property, including:
200200 (A) the physical and economic characteristics
201201 relevant to the opinion of value, if appropriate; and
202202 (B) the source of the information used;
203203 (2) state the effective date of the opinion of value;
204204 and
205205 (3) explain the basis of the value rendered, which may
206206 be the depreciation schedules used for federal income tax purposes
207207 if [. If] the property owner is a business with 50 employees or
208208 less[, the property owner may base the estimate of value on the
209209 depreciation schedules used for federal income tax purposes].
210210 SECTION 11. Sections 23.20(a), (b), and (c), Tax Code, are
211211 amended to read as follows:
212212 (a) A property owner [An owner of inventory or real
213213 property] may in writing waive the right to special appraisal
214214 provided by [Section 23.12 or] Subchapter C, D, E, F, or G as to one
215215 or more taxing units designated in the waiver. In a tax year in
216216 which a waiver is in effect, the property is appraised for each
217217 taxing unit to which the waiver applies at the value determined
218218 under Subchapter A of this chapter or the value determined under
219219 [Section 23.12 or] Subchapter C, D, E, F, or G, whichever is the
220220 greater value.
221221 (b) [A waiver of the right to special appraisal provided by
222222 Section 23.12 may be submitted at any time.] A waiver of the right
223223 to special appraisal provided by Subchapter C, D, E, F, or G may be
224224 submitted with an application for appraisal under that subchapter
225225 or at any other time. A property owner who has waived special
226226 appraisal under this section as to one or more taxing units may make
227227 additional waivers under this section as to other taxing units in
228228 which the property is located.
229229 (c) A waiver under this section is effective for 25
230230 consecutive tax years beginning on the first tax year in which the
231231 waiver is effective without regard to whether the property is
232232 subject to appraisal under [Section 23.12 or] Subchapter C, D, E, F,
233233 or G. To be effective in the year in which the waiver is executed, it
234234 must be filed before May 1 of that year with the chief appraiser of
235235 the appraisal district in which the property is located, unless for
236236 good cause shown the chief appraiser extends the filing deadline
237237 for not more than 60 days. An application filed after the year's
238238 deadline takes effect in the next tax year.
239239 SECTION 12. The heading to Section 31.081, Tax Code, is
240240 amended to read as follows:
241241 Sec. 31.081. PROPERTY TAX WITHHOLDING ON PURCHASE OF
242242 BUSINESS [OR INVENTORY].
243243 SECTION 13. Sections 31.081(a), (f), and (g), Tax Code, are
244244 amended to read as follows:
245245 (a) This section applies only to a person who purchases a
246246 business or [,] an interest in a business[, or the inventory of a
247247 business] from a person who is liable under this title for the
248248 payment of taxes imposed on personal property used in the operation
249249 of that business.
250250 (f) This section does not release a person who sells a
251251 business [or the inventory of a business] from any personal
252252 liability imposed on the person for the payment of taxes imposed on
253253 the personal property of the business or for penalties or interest
254254 on those taxes.
255255 (g) For purposes of this section, [:
256256 [(1)] a person is considered to have purchased a
257257 business if the person purchases the name of the business or the
258258 goodwill associated with the business[; and
259259 [(2) a person is considered to have purchased the
260260 inventory of a business if the person purchases inventory of a
261261 business, the value of which is at least 50 percent of the value of
262262 the total inventory of the business on the date of the purchase].
263263 SECTION 14. Section 32.01(b), Tax Code, is amended to read
264264 as follows:
265265 (b) A tax lien on [inventory,] furniture, equipment, or
266266 other personal property is a lien in solido and attaches to all
267267 [inventory,] furniture, equipment, and other personal property
268268 that the property owner owns on January 1 of the year the lien
269269 attaches or that the property owner subsequently acquires.
270270 SECTION 15. Section 41.44(a), Tax Code, is amended to read
271271 as follows:
272272 (a) Except as provided by Subsections (b), (c), (c-1), and
273273 (c-2), to be entitled to a hearing and determination of a protest,
274274 the property owner initiating the protest must file a written
275275 notice of the protest with the appraisal review board having
276276 authority to hear the matter protested:
277277 (1) not later than May 15 or the 30th day after the
278278 date that notice to the property owner was delivered to the property
279279 owner as provided by Section 25.19, whichever is later;
280280 (2) in the case of a protest of a change in the
281281 appraisal records ordered as provided by Subchapter A of this
282282 chapter or by Chapter 25, not later than the 30th day after the date
283283 notice of the change is delivered to the property owner;
284284 (3) in the case of a determination that a change in the
285285 use of land appraised under Subchapter C, D, E, or H, Chapter 23,
286286 has occurred, not later than the 30th day after the date the notice
287287 of the determination is delivered to the property owner; or
288288 (4) [in the case of a determination of eligibility for
289289 a refund under Section 23.1243, not later than the 30th day after
290290 the date the notice of the determination is delivered to the
291291 property owner; or
292292 [(5)] in the case of a protest of the modification or
293293 denial of an application for an exemption under Section 11.35, or
294294 the determination of an appropriate damage assessment rating for an
295295 item of qualified property under that section, not later than the
296296 30th day after the date the property owner receives the notice
297297 required under Section 11.45(e).
298298 SECTION 16. Sections 42.01(a) and (c), Tax Code, are
299299 amended to read as follows:
300300 (a) A property owner is entitled to appeal:
301301 (1) an order of the appraisal review board
302302 determining:
303303 (A) a protest by the property owner as provided
304304 by Subchapter C of Chapter 41;
305305 (B) a motion filed under Section 25.25;
306306 (C) that the property owner has forfeited the
307307 right to a final determination of a motion filed under Section 25.25
308308 or of a protest under Section 41.411 for failing to comply with the
309309 prepayment requirements of Section 25.26 or 41.4115, as applicable;
310310 or
311311 (D) [eligibility for a refund requested under
312312 Section 23.1243; or
313313 [(E)] that the appraisal review board lacks
314314 jurisdiction to finally determine a protest by the property owner
315315 under Subchapter C, Chapter 41, or a motion filed by the property
316316 owner under Section 25.25 because the property owner failed to
317317 comply with a requirement of Subchapter C, Chapter 41, or Section
318318 25.25, as applicable; or
319319 (2) an order of the comptroller issued as provided by
320320 Subchapter B, Chapter 24, apportioning among the counties the
321321 appraised value of railroad rolling stock owned by the property
322322 owner.
323323 (c) A property owner who establishes that the appraisal
324324 review board had jurisdiction to issue a final determination of the
325325 protest by the property owner under Subchapter C, Chapter 41, or of
326326 the motion filed by the property owner under Section 25.25 in an
327327 appeal under Subsection (a)(1)(D) [(a)(1)(E)] of this section is
328328 entitled to a final determination by the court of the protest under
329329 Subchapter C, Chapter 41, or of the motion filed under Section
330330 25.25. A final determination of a protest under Subchapter C,
331331 Chapter 41, by the court under this subsection may be on any ground
332332 of protest authorized by this title applicable to the property that
333333 is the subject of the protest, regardless of whether the property
334334 owner included the ground in the property owner's notice of
335335 protest.
336336 SECTION 17. Sections 312.204(a) and (g), Tax Code, are
337337 amended to read as follows:
338338 (a) The governing body of a municipality eligible to enter
339339 into tax abatement agreements under Section 312.002 may agree in
340340 writing with the owner of taxable real property that is located in a
341341 reinvestment zone, but that is not in an improvement project
342342 financed by tax increment bonds, to exempt from taxation a portion
343343 of the value of the real property or of tangible personal property
344344 located on the real property, or both, for a period not to exceed 10
345345 years, on the condition that the owner of the property make specific
346346 improvements or repairs to the property. The governing body of an
347347 eligible municipality may agree in writing with the owner of a
348348 leasehold interest in tax-exempt real property that is located in a
349349 reinvestment zone, but that is not in an improvement project
350350 financed by tax increment bonds, to exempt a portion of the value of
351351 property subject to ad valorem taxation, including the leasehold
352352 interest, improvements, or tangible personal property located on
353353 the real property, for a period not to exceed 10 years, on the
354354 condition that the owner of the leasehold interest make specific
355355 improvements or repairs to the real property. A tax abatement
356356 agreement under this section is subject to the rights of holders of
357357 outstanding bonds of the municipality. An agreement exempting
358358 taxable real property or leasehold interests or improvements on
359359 tax-exempt real property may provide for the exemption of such
360360 taxable interests in each year covered by the agreement only to the
361361 extent its value for that year exceeds its value for the year in
362362 which the agreement is executed. An agreement exempting tangible
363363 personal property located on taxable or tax-exempt real property
364364 may provide for the exemption of tangible personal property located
365365 on the real property in each year covered by the agreement other
366366 than tangible personal property that was located on the real
367367 property at any time before the period covered by the agreement with
368368 the municipality, including [inventory and] supplies. In a
369369 municipality that has a comprehensive zoning ordinance, an
370370 improvement, repair, development, or redevelopment taking place
371371 under an agreement under this section must conform to the
372372 comprehensive zoning ordinance.
373373 (g) Notwithstanding the other provisions of this chapter,
374374 the governing body of a municipality eligible to enter into tax
375375 abatement agreements under Section 312.002 may agree in writing
376376 with the owner of real property that is located in a reinvestment
377377 zone to exempt from taxation for a period not to exceed five years a
378378 portion of the value of the real property or of tangible personal
379379 property located on the real property, or both, that is used to
380380 provide housing for military personnel employed at a military
381381 facility located in or near the municipality. An agreement may
382382 provide for the exemption of the real property in each year covered
383383 by the agreement only to the extent its value for that year exceeds
384384 its value for the year in which the agreement is executed. An
385385 agreement may provide for the exemption of tangible personal
386386 property located on the real property in each year covered by the
387387 agreement other than tangible personal property that was located on
388388 the real property at any time before the period covered by the
389389 agreement with the municipality and other than [inventory or]
390390 supplies. The governing body of the municipality may adopt
391391 guidelines and criteria for tax abatement agreements entered into
392392 under this subsection that are different from the guidelines and
393393 criteria that apply to tax abatement agreements entered into under
394394 another provision of this section. Tax abatement agreements
395395 entered into under this subsection are not required to contain
396396 identical terms for the portion of the value of the property that is
397397 to be exempt or for the duration of the exemption as tax abatement
398398 agreements entered into with the owners of property in the
399399 reinvestment zone under another provision of this section.
400400 SECTION 18. Section 503.038(a), Transportation Code, is
401401 amended to read as follows:
402402 (a) The department may cancel a dealer's general
403403 distinguishing number if the dealer:
404404 (1) falsifies or forges a title document, including an
405405 affidavit making application for a certified copy of a title;
406406 (2) files a false or forged tax document, including a
407407 sales tax affidavit;
408408 (3) fails to take assignment of any basic evidence of
409409 ownership, including a certificate of title or manufacturer's
410410 certificate, for a vehicle the dealer acquires;
411411 (4) fails to assign any basic evidence of ownership,
412412 including a certificate of title or manufacturer's certificate, for
413413 a vehicle the dealer sells;
414414 (5) uses or permits the use of a metal dealer's license
415415 plate or a dealer's temporary tag on a vehicle that the dealer does
416416 not own or control or that is not in stock and offered for sale;
417417 (6) makes a material misrepresentation in an
418418 application or other information filed with the department;
419419 (7) fails to maintain the qualifications for a general
420420 distinguishing number;
421421 (8) fails to provide to the department within 30 days
422422 after the date of demand by the department satisfactory and
423423 reasonable evidence that the person is regularly and actively
424424 engaged in business as a wholesale or retail dealer;
425425 (9) has been licensed for at least 12 months and has
426426 not assigned at least five vehicles during the previous 12-month
427427 period;
428428 (10) [has failed to demonstrate compliance with
429429 Sections 23.12, 23.121, and 23.122, Tax Code;
430430 [(11)] uses or allows the use of the dealer's general
431431 distinguishing number or the location for which the general
432432 distinguishing number is issued to avoid the requirements of this
433433 chapter;
434434 (11) [(12)] misuses or allows the misuse of a
435435 temporary tag authorized under this chapter;
436436 (12) [(13)] refuses to show on a buyer's temporary tag
437437 the date of sale or other reasonable information required by the
438438 department; or
439439 (13) [(14)] otherwise violates this chapter or a rule
440440 adopted under this chapter.
441441 SECTION 19. The following provisions of the Tax Code are
442442 repealed:
443443 (1) Section 6.24(c);
444444 (2) Section 11.253(a)(1);
445445 (3) Section 23.12;
446446 (4) Section 23.121;
447447 (5) Section 23.1211;
448448 (6) Section 23.122;
449449 (7) Section 23.123;
450450 (8) Section 23.124;
451451 (9) Section 23.1241;
452452 (10) Section 23.1242;
453453 (11) Section 23.1243;
454454 (12) Section 23.125;
455455 (13) Section 23.126;
456456 (14) Section 23.127;
457457 (15) Section 23.128;
458458 (16) Section 23.129; and
459459 (17) Section 41.47(c-1).
460460 SECTION 20. (a) This Act applies only to a tax year that
461461 begins on or after the effective date of this Act.
462462 (b) Sections 23.121, 23.122, 23.123, 23.124, 23.125,
463463 23.126, 23.127, and 23.128, Tax Code, as repealed by this Act, apply
464464 only to an offense committed before the effective date of this Act.
465465 An offense committed before the effective date of this Act is
466466 governed by the law in effect on the date the offense was committed,
467467 and the former law is continued in effect for that purpose. For
468468 purposes of this subsection, an offense was committed before the
469469 effective date of this Act if any element of the offense occurred
470470 before that date.
471471 (c) Notwithstanding the changes in law made by this Act to
472472 the provisions of the Business & Commerce Code, Tax Code, and
473473 Transportation Code amended by this Act and the repeal by this Act
474474 of provisions of the Tax Code, each of those provisions, as it
475475 existed immediately before January 1, 2024, is continued in effect
476476 for the purpose of the levy and collection of an ad valorem tax on
477477 inventory imposed before January 1, 2024.
478478 SECTION 21. This Act takes effect January 1, 2024, but only
479479 if the constitutional amendment proposed by the 88th Legislature,
480480 Regular Session, 2023, authorizing the legislature to exempt from
481481 ad valorem taxation a person's inventory is approved by the voters.
482482 If that amendment is not approved by the voters, this Act has no
483483 effect.