1 | 1 | | 88R10543 TJB-D |
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2 | 2 | | By: Springer S.B. No. 871 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the exemption of inventory from ad valorem taxation. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 93.001(2), Business & Commerce Code, is |
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10 | 10 | | amended to read as follows: |
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11 | 11 | | (2) "Heavy equipment" means self-propelled, |
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12 | 12 | | self-powered, or pull-type equipment, including farm equipment or a |
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13 | 13 | | diesel engine, that weighs at least 1,500 pounds and is intended to |
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14 | 14 | | be used for agricultural, construction, industrial, maritime, |
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15 | 15 | | mining, or forestry uses. The term does not include a motor |
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16 | 16 | | vehicle that is required by: |
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17 | 17 | | (A) Chapter 501, Transportation Code, to be |
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18 | 18 | | titled; or |
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19 | 19 | | (B) Chapter 502, Transportation Code, to be |
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20 | 20 | | registered [has the meaning assigned by Section 23.1241, Tax Code]. |
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21 | 21 | | SECTION 2. Section 6.24(b), Tax Code, is amended to read as |
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22 | 22 | | follows: |
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23 | 23 | | (b) The commissioners court with the approval of the county |
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24 | 24 | | assessor-collector may contract as provided by the Interlocal |
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25 | 25 | | Cooperation Act with the governing body of another taxing unit in |
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26 | 26 | | the county or with the board of directors of the appraisal district |
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27 | 27 | | for the other taxing unit or the district to perform duties relating |
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28 | 28 | | to the assessment or collection of taxes for the county. If a |
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29 | 29 | | county contracts to have its taxes assessed and collected by |
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30 | 30 | | another taxing unit or by the appraisal district, [except as |
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31 | 31 | | provided by Subsection (c),] the contract shall require the other |
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32 | 32 | | taxing unit or the district to assess and collect all taxes the |
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33 | 33 | | county is required to assess and collect. |
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34 | 34 | | SECTION 3. Sections 11.251(b), (c), (d), and (h), Tax Code, |
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35 | 35 | | are amended to read as follows: |
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36 | 36 | | (b) A person is entitled to an exemption from taxation by a |
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37 | 37 | | taxing unit of the appraised value of that portion of the person's |
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38 | 38 | | [inventory or] property consisting of freeport goods as determined |
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39 | 39 | | under this section for the taxing unit. |
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40 | 40 | | (c) The exemption provided by Subsection (b) is subtracted |
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41 | 41 | | from the market value of the [inventory or] property [determined |
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42 | 42 | | under Section 23.12] to determine the taxable value of the |
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43 | 43 | | [inventory or] property [for the taxing unit]. |
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44 | 44 | | (d) Except as provided by Subsections (f) and (g), the chief |
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45 | 45 | | appraiser shall determine the appraised value of freeport goods |
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46 | 46 | | under this subsection. The chief appraiser shall determine the |
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47 | 47 | | percentage of the market value of [inventory or] property owned by |
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48 | 48 | | the property owner in the preceding calendar year that was |
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49 | 49 | | contributed by freeport goods. The chief appraiser shall apply |
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50 | 50 | | that percentage to the market value of the property owner's |
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51 | 51 | | [inventory or] property for the current year to determine the |
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52 | 52 | | appraised value of freeport goods for the current year. |
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53 | 53 | | (h) The chief appraiser by written notice delivered to a |
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54 | 54 | | property owner who claims an exemption under this section may |
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55 | 55 | | require the property owner or a person designated in writing by the |
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56 | 56 | | importer of record to provide copies of [inventory or] property |
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57 | 57 | | records in order to determine the amount and value of freeport |
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58 | 58 | | goods. If the property owner or designated person fails to deliver |
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59 | 59 | | the information requested in the notice before the 31st day after |
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60 | 60 | | the date the notice is delivered to the property owner or before the |
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61 | 61 | | date the appraisal review board approves the appraisal records |
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62 | 62 | | under Section 41.12, whichever is later, the property owner |
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63 | 63 | | forfeits the right to claim or receive the exemption for that year. |
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64 | 64 | | If the property owner or designated person delivers the information |
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65 | 65 | | requested in the notice before the date the appraisal review board |
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66 | 66 | | approves the appraisal records but not before the 31st day after the |
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67 | 67 | | date the notice is delivered to the property owner and the exemption |
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68 | 68 | | is allowed, the property owner is liable to each taxing unit for a |
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69 | 69 | | penalty in an amount equal to 10 percent of the difference between |
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70 | 70 | | the amount of tax imposed by the taxing unit on the [inventory or] |
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71 | 71 | | property and the amount that would otherwise have been imposed. The |
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72 | 72 | | chief appraiser shall make an entry on the appraisal records for the |
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73 | 73 | | [inventory or] property indicating the property owner's liability |
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74 | 74 | | for the penalty and shall deliver a written notice of imposition of |
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75 | 75 | | the penalty, explaining the reason for its imposition, to the |
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76 | 76 | | property owner. The assessor for a taxing unit that taxes the |
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77 | 77 | | [inventory or] property shall add the amount of the penalty to the |
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78 | 78 | | property owner's tax bill, and the tax collector for the taxing unit |
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79 | 79 | | shall collect the penalty at the time and in the manner the |
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80 | 80 | | collector collects the tax. The amount of the penalty constitutes a |
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81 | 81 | | lien against the [inventory or] property against which the penalty |
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82 | 82 | | is imposed, as if it were a tax, and accrues penalty and interest in |
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83 | 83 | | the same manner as a delinquent tax. |
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84 | 84 | | SECTION 4. Section 11.253(a)(2), Tax Code, is amended to |
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85 | 85 | | read as follows: |
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86 | 86 | | (2) "Goods-in-transit" means tangible personal |
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87 | 87 | | property that: |
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88 | 88 | | (A) is acquired in or imported into this state to |
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89 | 89 | | be forwarded to another location in this state or outside this |
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90 | 90 | | state; |
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91 | 91 | | (B) is stored under a contract of bailment by a |
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92 | 92 | | public warehouse operator at one or more public warehouse |
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93 | 93 | | facilities in this state that are not in any way owned or controlled |
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94 | 94 | | by the owner of the personal property for the account of the person |
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95 | 95 | | who acquired or imported the property; |
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96 | 96 | | (C) is transported to another location in this |
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97 | 97 | | state or outside this state not later than 175 days after the date |
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98 | 98 | | the person acquired the property in or imported the property into |
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99 | 99 | | this state; and |
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100 | 100 | | (D) does not include oil, natural gas, petroleum |
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101 | 101 | | products, or aircraft[, dealer's motor vehicle inventory, dealer's |
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102 | 102 | | vessel and outboard motor inventory, dealer's heavy equipment |
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103 | 103 | | inventory, or retail manufactured housing inventory]. |
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104 | 104 | | SECTION 5. Section 11.253(c), Tax Code, is amended to read |
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105 | 105 | | as follows: |
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106 | 106 | | (c) The exemption provided by Subsection (b) is subtracted |
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107 | 107 | | from the market value of the property [determined under Section |
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108 | 108 | | 23.01 or 23.12, as applicable,] to determine the taxable value of |
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109 | 109 | | the property. |
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110 | 110 | | SECTION 6. Subchapter B, Chapter 11, Tax Code, is amended by |
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111 | 111 | | adding Section 11.36 to read as follows: |
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112 | 112 | | Sec. 11.36. INVENTORY. (a) In this section, "inventory" |
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113 | 113 | | means: |
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114 | 114 | | (1) a finished good held for sale or resale; |
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115 | 115 | | (2) a raw or finished material held to be incorporated |
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116 | 116 | | into or attached to tangible personal property to create a finished |
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117 | 117 | | good; or |
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118 | 118 | | (3) residential real property that has never been |
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119 | 119 | | occupied as a residence and is held for sale in the ordinary course |
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120 | 120 | | of a trade or business, provided that the residential real property |
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121 | 121 | | remains unoccupied, is not leased or rented, and produces no |
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122 | 122 | | income. |
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123 | 123 | | (b) A person is entitled to an exemption from taxation by a |
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124 | 124 | | taxing unit of inventory owned by the person. |
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125 | 125 | | SECTION 7. Sections 11.4391(b), (c), and (d), Tax Code, are |
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126 | 126 | | amended to read as follows: |
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127 | 127 | | (b) If the application is approved, the property owner is |
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128 | 128 | | liable to each taxing unit for a penalty in an amount equal to 10 |
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129 | 129 | | percent of the difference between the amount of tax imposed by the |
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130 | 130 | | taxing unit on the [inventory or] property, a portion of which |
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131 | 131 | | consists of freeport goods, and the amount that would otherwise |
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132 | 132 | | have been imposed. |
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133 | 133 | | (c) The chief appraiser shall make an entry on the appraisal |
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134 | 134 | | records for the [inventory or] property indicating the property |
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135 | 135 | | owner's liability for the penalty and shall deliver a written |
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136 | 136 | | notice of imposition of the penalty, explaining the reason for its |
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137 | 137 | | imposition, to the property owner. |
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138 | 138 | | (d) The tax assessor for a taxing unit that taxes the |
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139 | 139 | | [inventory or] property shall add the amount of the penalty to the |
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140 | 140 | | property owner's tax bill, and the tax collector for the taxing unit |
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141 | 141 | | shall collect the penalty at the time and in the manner the |
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142 | 142 | | collector collects the tax. The amount of the penalty constitutes a |
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143 | 143 | | lien against the [inventory or] property against which the penalty |
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144 | 144 | | is imposed, as if it were a tax, and accrues penalty and interest in |
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145 | 145 | | the same manner as a delinquent tax. |
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146 | 146 | | SECTION 8. Sections 22.01(a) and (g), Tax Code, are amended |
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147 | 147 | | to read as follows: |
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148 | 148 | | (a) Except as provided by Chapter 24, a person shall render |
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149 | 149 | | for taxation all tangible personal property used for the production |
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150 | 150 | | of income that the person owns or that the person manages and |
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151 | 151 | | controls as a fiduciary on January 1. A rendition statement shall |
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152 | 152 | | contain: |
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153 | 153 | | (1) the name and address of the property owner; |
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154 | 154 | | (2) a description of the property by type or category; |
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155 | 155 | | (3) [if the property is inventory, a description of |
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156 | 156 | | each type of inventory and a general estimate of the quantity of |
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157 | 157 | | each type of inventory; |
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158 | 158 | | [(4)] the physical location or taxable situs of the |
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159 | 159 | | property; and |
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160 | 160 | | (4) [(5)] the property owner's good faith estimate of |
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161 | 161 | | the market value of the property or, at the option of the property |
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162 | 162 | | owner, the historical cost when new and the year of acquisition of |
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163 | 163 | | the property. |
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164 | 164 | | (g) A person's good faith estimate of the market value of |
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165 | 165 | | the property under Subsection (a)(4) [(a)(5)] is solely for the |
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166 | 166 | | purpose of compliance with the requirement to render tangible |
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167 | 167 | | personal property and is inadmissible in any subsequent protest, |
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168 | 168 | | hearing, appeal, suit, or other proceeding under this title |
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169 | 169 | | involving the property, except for: |
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170 | 170 | | (1) a proceeding to determine whether the person |
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171 | 171 | | complied with this section; |
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172 | 172 | | (2) a proceeding under Section 22.29(b); or |
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173 | 173 | | (3) a protest under Section 41.41. |
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174 | 174 | | SECTION 9. Section 22.04(d), Tax Code, is amended to read as |
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175 | 175 | | follows: |
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176 | 176 | | (d) This section does not apply to a motor vehicle that on |
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177 | 177 | | January 1 is located at a place of business of a person who holds a |
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178 | 178 | | wholesale motor vehicle auction general distinguishing number |
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179 | 179 | | issued by the Texas Department of Motor Vehicles under Chapter 503, |
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180 | 180 | | Transportation Code, for that place of business, and that: |
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181 | 181 | | (1) has not acquired taxable situs under Section |
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182 | 182 | | 21.02(a)(1) in a taxing unit that participates in the appraisal |
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183 | 183 | | district because the vehicle is described by Section 21.02(d); |
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184 | 184 | | (2) is offered for sale by a dealer who holds a |
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185 | 185 | | dealer's general distinguishing number issued by the Texas |
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186 | 186 | | Department of Motor Vehicles under Chapter 503, Transportation |
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187 | 187 | | Code[, and whose inventory of motor vehicles is subject to taxation |
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188 | 188 | | in the manner provided by Sections 23.121 and 23.122]; or |
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189 | 189 | | (3) is collateral possessed by a lienholder and |
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190 | 190 | | offered for sale in foreclosure of a security interest. |
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191 | 191 | | SECTION 10. Section 22.07(c), Tax Code, is amended to read |
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192 | 192 | | as follows: |
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193 | 193 | | (c) The chief appraiser may request, either in writing or by |
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194 | 194 | | electronic means, that the property owner provide a statement |
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195 | 195 | | containing supporting information indicating how the value |
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196 | 196 | | rendered under Section 22.01(a)(4) [22.01(a)(5)] was |
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197 | 197 | | determined. The statement must: |
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198 | 198 | | (1) summarize information sufficient to identify the |
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199 | 199 | | property, including: |
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200 | 200 | | (A) the physical and economic characteristics |
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201 | 201 | | relevant to the opinion of value, if appropriate; and |
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202 | 202 | | (B) the source of the information used; |
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203 | 203 | | (2) state the effective date of the opinion of value; |
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204 | 204 | | and |
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205 | 205 | | (3) explain the basis of the value rendered, which may |
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206 | 206 | | be the depreciation schedules used for federal income tax purposes |
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207 | 207 | | if [. If] the property owner is a business with 50 employees or |
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208 | 208 | | less[, the property owner may base the estimate of value on the |
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209 | 209 | | depreciation schedules used for federal income tax purposes]. |
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210 | 210 | | SECTION 11. Sections 23.20(a), (b), and (c), Tax Code, are |
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211 | 211 | | amended to read as follows: |
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212 | 212 | | (a) A property owner [An owner of inventory or real |
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213 | 213 | | property] may in writing waive the right to special appraisal |
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214 | 214 | | provided by [Section 23.12 or] Subchapter C, D, E, F, or G as to one |
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215 | 215 | | or more taxing units designated in the waiver. In a tax year in |
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216 | 216 | | which a waiver is in effect, the property is appraised for each |
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217 | 217 | | taxing unit to which the waiver applies at the value determined |
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218 | 218 | | under Subchapter A of this chapter or the value determined under |
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219 | 219 | | [Section 23.12 or] Subchapter C, D, E, F, or G, whichever is the |
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220 | 220 | | greater value. |
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221 | 221 | | (b) [A waiver of the right to special appraisal provided by |
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222 | 222 | | Section 23.12 may be submitted at any time.] A waiver of the right |
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223 | 223 | | to special appraisal provided by Subchapter C, D, E, F, or G may be |
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224 | 224 | | submitted with an application for appraisal under that subchapter |
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225 | 225 | | or at any other time. A property owner who has waived special |
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226 | 226 | | appraisal under this section as to one or more taxing units may make |
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227 | 227 | | additional waivers under this section as to other taxing units in |
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228 | 228 | | which the property is located. |
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229 | 229 | | (c) A waiver under this section is effective for 25 |
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230 | 230 | | consecutive tax years beginning on the first tax year in which the |
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231 | 231 | | waiver is effective without regard to whether the property is |
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232 | 232 | | subject to appraisal under [Section 23.12 or] Subchapter C, D, E, F, |
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233 | 233 | | or G. To be effective in the year in which the waiver is executed, it |
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234 | 234 | | must be filed before May 1 of that year with the chief appraiser of |
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235 | 235 | | the appraisal district in which the property is located, unless for |
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236 | 236 | | good cause shown the chief appraiser extends the filing deadline |
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237 | 237 | | for not more than 60 days. An application filed after the year's |
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238 | 238 | | deadline takes effect in the next tax year. |
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239 | 239 | | SECTION 12. The heading to Section 31.081, Tax Code, is |
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240 | 240 | | amended to read as follows: |
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241 | 241 | | Sec. 31.081. PROPERTY TAX WITHHOLDING ON PURCHASE OF |
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242 | 242 | | BUSINESS [OR INVENTORY]. |
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243 | 243 | | SECTION 13. Sections 31.081(a), (f), and (g), Tax Code, are |
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244 | 244 | | amended to read as follows: |
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245 | 245 | | (a) This section applies only to a person who purchases a |
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246 | 246 | | business or [,] an interest in a business[, or the inventory of a |
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247 | 247 | | business] from a person who is liable under this title for the |
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248 | 248 | | payment of taxes imposed on personal property used in the operation |
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249 | 249 | | of that business. |
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250 | 250 | | (f) This section does not release a person who sells a |
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251 | 251 | | business [or the inventory of a business] from any personal |
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252 | 252 | | liability imposed on the person for the payment of taxes imposed on |
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253 | 253 | | the personal property of the business or for penalties or interest |
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254 | 254 | | on those taxes. |
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255 | 255 | | (g) For purposes of this section, [: |
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256 | 256 | | [(1)] a person is considered to have purchased a |
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257 | 257 | | business if the person purchases the name of the business or the |
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258 | 258 | | goodwill associated with the business[; and |
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259 | 259 | | [(2) a person is considered to have purchased the |
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260 | 260 | | inventory of a business if the person purchases inventory of a |
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261 | 261 | | business, the value of which is at least 50 percent of the value of |
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262 | 262 | | the total inventory of the business on the date of the purchase]. |
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263 | 263 | | SECTION 14. Section 32.01(b), Tax Code, is amended to read |
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264 | 264 | | as follows: |
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265 | 265 | | (b) A tax lien on [inventory,] furniture, equipment, or |
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266 | 266 | | other personal property is a lien in solido and attaches to all |
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267 | 267 | | [inventory,] furniture, equipment, and other personal property |
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268 | 268 | | that the property owner owns on January 1 of the year the lien |
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269 | 269 | | attaches or that the property owner subsequently acquires. |
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270 | 270 | | SECTION 15. Section 41.44(a), Tax Code, is amended to read |
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271 | 271 | | as follows: |
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272 | 272 | | (a) Except as provided by Subsections (b), (c), (c-1), and |
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273 | 273 | | (c-2), to be entitled to a hearing and determination of a protest, |
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274 | 274 | | the property owner initiating the protest must file a written |
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275 | 275 | | notice of the protest with the appraisal review board having |
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276 | 276 | | authority to hear the matter protested: |
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277 | 277 | | (1) not later than May 15 or the 30th day after the |
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278 | 278 | | date that notice to the property owner was delivered to the property |
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279 | 279 | | owner as provided by Section 25.19, whichever is later; |
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280 | 280 | | (2) in the case of a protest of a change in the |
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281 | 281 | | appraisal records ordered as provided by Subchapter A of this |
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282 | 282 | | chapter or by Chapter 25, not later than the 30th day after the date |
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283 | 283 | | notice of the change is delivered to the property owner; |
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284 | 284 | | (3) in the case of a determination that a change in the |
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285 | 285 | | use of land appraised under Subchapter C, D, E, or H, Chapter 23, |
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286 | 286 | | has occurred, not later than the 30th day after the date the notice |
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287 | 287 | | of the determination is delivered to the property owner; or |
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288 | 288 | | (4) [in the case of a determination of eligibility for |
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289 | 289 | | a refund under Section 23.1243, not later than the 30th day after |
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290 | 290 | | the date the notice of the determination is delivered to the |
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291 | 291 | | property owner; or |
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292 | 292 | | [(5)] in the case of a protest of the modification or |
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293 | 293 | | denial of an application for an exemption under Section 11.35, or |
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294 | 294 | | the determination of an appropriate damage assessment rating for an |
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295 | 295 | | item of qualified property under that section, not later than the |
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296 | 296 | | 30th day after the date the property owner receives the notice |
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297 | 297 | | required under Section 11.45(e). |
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298 | 298 | | SECTION 16. Sections 42.01(a) and (c), Tax Code, are |
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299 | 299 | | amended to read as follows: |
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300 | 300 | | (a) A property owner is entitled to appeal: |
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301 | 301 | | (1) an order of the appraisal review board |
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302 | 302 | | determining: |
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303 | 303 | | (A) a protest by the property owner as provided |
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304 | 304 | | by Subchapter C of Chapter 41; |
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305 | 305 | | (B) a motion filed under Section 25.25; |
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306 | 306 | | (C) that the property owner has forfeited the |
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307 | 307 | | right to a final determination of a motion filed under Section 25.25 |
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308 | 308 | | or of a protest under Section 41.411 for failing to comply with the |
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309 | 309 | | prepayment requirements of Section 25.26 or 41.4115, as applicable; |
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310 | 310 | | or |
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311 | 311 | | (D) [eligibility for a refund requested under |
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312 | 312 | | Section 23.1243; or |
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313 | 313 | | [(E)] that the appraisal review board lacks |
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314 | 314 | | jurisdiction to finally determine a protest by the property owner |
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315 | 315 | | under Subchapter C, Chapter 41, or a motion filed by the property |
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316 | 316 | | owner under Section 25.25 because the property owner failed to |
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317 | 317 | | comply with a requirement of Subchapter C, Chapter 41, or Section |
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318 | 318 | | 25.25, as applicable; or |
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319 | 319 | | (2) an order of the comptroller issued as provided by |
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320 | 320 | | Subchapter B, Chapter 24, apportioning among the counties the |
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321 | 321 | | appraised value of railroad rolling stock owned by the property |
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322 | 322 | | owner. |
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323 | 323 | | (c) A property owner who establishes that the appraisal |
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324 | 324 | | review board had jurisdiction to issue a final determination of the |
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325 | 325 | | protest by the property owner under Subchapter C, Chapter 41, or of |
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326 | 326 | | the motion filed by the property owner under Section 25.25 in an |
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327 | 327 | | appeal under Subsection (a)(1)(D) [(a)(1)(E)] of this section is |
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328 | 328 | | entitled to a final determination by the court of the protest under |
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329 | 329 | | Subchapter C, Chapter 41, or of the motion filed under Section |
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330 | 330 | | 25.25. A final determination of a protest under Subchapter C, |
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331 | 331 | | Chapter 41, by the court under this subsection may be on any ground |
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332 | 332 | | of protest authorized by this title applicable to the property that |
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333 | 333 | | is the subject of the protest, regardless of whether the property |
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334 | 334 | | owner included the ground in the property owner's notice of |
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335 | 335 | | protest. |
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336 | 336 | | SECTION 17. Sections 312.204(a) and (g), Tax Code, are |
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337 | 337 | | amended to read as follows: |
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338 | 338 | | (a) The governing body of a municipality eligible to enter |
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339 | 339 | | into tax abatement agreements under Section 312.002 may agree in |
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340 | 340 | | writing with the owner of taxable real property that is located in a |
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341 | 341 | | reinvestment zone, but that is not in an improvement project |
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342 | 342 | | financed by tax increment bonds, to exempt from taxation a portion |
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343 | 343 | | of the value of the real property or of tangible personal property |
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344 | 344 | | located on the real property, or both, for a period not to exceed 10 |
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345 | 345 | | years, on the condition that the owner of the property make specific |
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346 | 346 | | improvements or repairs to the property. The governing body of an |
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347 | 347 | | eligible municipality may agree in writing with the owner of a |
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348 | 348 | | leasehold interest in tax-exempt real property that is located in a |
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349 | 349 | | reinvestment zone, but that is not in an improvement project |
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350 | 350 | | financed by tax increment bonds, to exempt a portion of the value of |
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351 | 351 | | property subject to ad valorem taxation, including the leasehold |
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352 | 352 | | interest, improvements, or tangible personal property located on |
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353 | 353 | | the real property, for a period not to exceed 10 years, on the |
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354 | 354 | | condition that the owner of the leasehold interest make specific |
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355 | 355 | | improvements or repairs to the real property. A tax abatement |
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356 | 356 | | agreement under this section is subject to the rights of holders of |
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357 | 357 | | outstanding bonds of the municipality. An agreement exempting |
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358 | 358 | | taxable real property or leasehold interests or improvements on |
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359 | 359 | | tax-exempt real property may provide for the exemption of such |
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360 | 360 | | taxable interests in each year covered by the agreement only to the |
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361 | 361 | | extent its value for that year exceeds its value for the year in |
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362 | 362 | | which the agreement is executed. An agreement exempting tangible |
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363 | 363 | | personal property located on taxable or tax-exempt real property |
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364 | 364 | | may provide for the exemption of tangible personal property located |
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365 | 365 | | on the real property in each year covered by the agreement other |
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366 | 366 | | than tangible personal property that was located on the real |
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367 | 367 | | property at any time before the period covered by the agreement with |
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368 | 368 | | the municipality, including [inventory and] supplies. In a |
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369 | 369 | | municipality that has a comprehensive zoning ordinance, an |
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370 | 370 | | improvement, repair, development, or redevelopment taking place |
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371 | 371 | | under an agreement under this section must conform to the |
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372 | 372 | | comprehensive zoning ordinance. |
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373 | 373 | | (g) Notwithstanding the other provisions of this chapter, |
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374 | 374 | | the governing body of a municipality eligible to enter into tax |
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375 | 375 | | abatement agreements under Section 312.002 may agree in writing |
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376 | 376 | | with the owner of real property that is located in a reinvestment |
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377 | 377 | | zone to exempt from taxation for a period not to exceed five years a |
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378 | 378 | | portion of the value of the real property or of tangible personal |
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379 | 379 | | property located on the real property, or both, that is used to |
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380 | 380 | | provide housing for military personnel employed at a military |
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381 | 381 | | facility located in or near the municipality. An agreement may |
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382 | 382 | | provide for the exemption of the real property in each year covered |
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383 | 383 | | by the agreement only to the extent its value for that year exceeds |
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384 | 384 | | its value for the year in which the agreement is executed. An |
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385 | 385 | | agreement may provide for the exemption of tangible personal |
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386 | 386 | | property located on the real property in each year covered by the |
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387 | 387 | | agreement other than tangible personal property that was located on |
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388 | 388 | | the real property at any time before the period covered by the |
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389 | 389 | | agreement with the municipality and other than [inventory or] |
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390 | 390 | | supplies. The governing body of the municipality may adopt |
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391 | 391 | | guidelines and criteria for tax abatement agreements entered into |
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392 | 392 | | under this subsection that are different from the guidelines and |
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393 | 393 | | criteria that apply to tax abatement agreements entered into under |
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394 | 394 | | another provision of this section. Tax abatement agreements |
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395 | 395 | | entered into under this subsection are not required to contain |
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396 | 396 | | identical terms for the portion of the value of the property that is |
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397 | 397 | | to be exempt or for the duration of the exemption as tax abatement |
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398 | 398 | | agreements entered into with the owners of property in the |
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399 | 399 | | reinvestment zone under another provision of this section. |
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400 | 400 | | SECTION 18. Section 503.038(a), Transportation Code, is |
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401 | 401 | | amended to read as follows: |
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402 | 402 | | (a) The department may cancel a dealer's general |
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403 | 403 | | distinguishing number if the dealer: |
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404 | 404 | | (1) falsifies or forges a title document, including an |
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405 | 405 | | affidavit making application for a certified copy of a title; |
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406 | 406 | | (2) files a false or forged tax document, including a |
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407 | 407 | | sales tax affidavit; |
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408 | 408 | | (3) fails to take assignment of any basic evidence of |
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409 | 409 | | ownership, including a certificate of title or manufacturer's |
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410 | 410 | | certificate, for a vehicle the dealer acquires; |
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411 | 411 | | (4) fails to assign any basic evidence of ownership, |
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412 | 412 | | including a certificate of title or manufacturer's certificate, for |
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413 | 413 | | a vehicle the dealer sells; |
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414 | 414 | | (5) uses or permits the use of a metal dealer's license |
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415 | 415 | | plate or a dealer's temporary tag on a vehicle that the dealer does |
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416 | 416 | | not own or control or that is not in stock and offered for sale; |
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417 | 417 | | (6) makes a material misrepresentation in an |
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418 | 418 | | application or other information filed with the department; |
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419 | 419 | | (7) fails to maintain the qualifications for a general |
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420 | 420 | | distinguishing number; |
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421 | 421 | | (8) fails to provide to the department within 30 days |
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422 | 422 | | after the date of demand by the department satisfactory and |
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423 | 423 | | reasonable evidence that the person is regularly and actively |
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424 | 424 | | engaged in business as a wholesale or retail dealer; |
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425 | 425 | | (9) has been licensed for at least 12 months and has |
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426 | 426 | | not assigned at least five vehicles during the previous 12-month |
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427 | 427 | | period; |
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428 | 428 | | (10) [has failed to demonstrate compliance with |
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429 | 429 | | Sections 23.12, 23.121, and 23.122, Tax Code; |
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430 | 430 | | [(11)] uses or allows the use of the dealer's general |
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431 | 431 | | distinguishing number or the location for which the general |
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432 | 432 | | distinguishing number is issued to avoid the requirements of this |
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433 | 433 | | chapter; |
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434 | 434 | | (11) [(12)] misuses or allows the misuse of a |
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435 | 435 | | temporary tag authorized under this chapter; |
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436 | 436 | | (12) [(13)] refuses to show on a buyer's temporary tag |
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437 | 437 | | the date of sale or other reasonable information required by the |
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438 | 438 | | department; or |
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439 | 439 | | (13) [(14)] otherwise violates this chapter or a rule |
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440 | 440 | | adopted under this chapter. |
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441 | 441 | | SECTION 19. The following provisions of the Tax Code are |
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442 | 442 | | repealed: |
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443 | 443 | | (1) Section 6.24(c); |
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444 | 444 | | (2) Section 11.253(a)(1); |
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445 | 445 | | (3) Section 23.12; |
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446 | 446 | | (4) Section 23.121; |
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447 | 447 | | (5) Section 23.1211; |
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448 | 448 | | (6) Section 23.122; |
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449 | 449 | | (7) Section 23.123; |
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450 | 450 | | (8) Section 23.124; |
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451 | 451 | | (9) Section 23.1241; |
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452 | 452 | | (10) Section 23.1242; |
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453 | 453 | | (11) Section 23.1243; |
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454 | 454 | | (12) Section 23.125; |
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455 | 455 | | (13) Section 23.126; |
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456 | 456 | | (14) Section 23.127; |
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457 | 457 | | (15) Section 23.128; |
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458 | 458 | | (16) Section 23.129; and |
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459 | 459 | | (17) Section 41.47(c-1). |
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460 | 460 | | SECTION 20. (a) This Act applies only to a tax year that |
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461 | 461 | | begins on or after the effective date of this Act. |
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462 | 462 | | (b) Sections 23.121, 23.122, 23.123, 23.124, 23.125, |
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463 | 463 | | 23.126, 23.127, and 23.128, Tax Code, as repealed by this Act, apply |
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464 | 464 | | only to an offense committed before the effective date of this Act. |
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465 | 465 | | An offense committed before the effective date of this Act is |
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466 | 466 | | governed by the law in effect on the date the offense was committed, |
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467 | 467 | | and the former law is continued in effect for that purpose. For |
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468 | 468 | | purposes of this subsection, an offense was committed before the |
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469 | 469 | | effective date of this Act if any element of the offense occurred |
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470 | 470 | | before that date. |
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471 | 471 | | (c) Notwithstanding the changes in law made by this Act to |
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472 | 472 | | the provisions of the Business & Commerce Code, Tax Code, and |
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473 | 473 | | Transportation Code amended by this Act and the repeal by this Act |
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474 | 474 | | of provisions of the Tax Code, each of those provisions, as it |
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475 | 475 | | existed immediately before January 1, 2024, is continued in effect |
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476 | 476 | | for the purpose of the levy and collection of an ad valorem tax on |
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477 | 477 | | inventory imposed before January 1, 2024. |
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478 | 478 | | SECTION 21. This Act takes effect January 1, 2024, but only |
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479 | 479 | | if the constitutional amendment proposed by the 88th Legislature, |
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480 | 480 | | Regular Session, 2023, authorizing the legislature to exempt from |
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481 | 481 | | ad valorem taxation a person's inventory is approved by the voters. |
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482 | 482 | | If that amendment is not approved by the voters, this Act has no |
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483 | 483 | | effect. |
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