HBA-JRA C.S.H.J.R. 39 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R. 39
By: Craddick
Ways & Means
5/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, certain property is subject to ad valorem taxation in this
state.  As proposed, C.S.H.J.R. 39 requires the submission to the voters of
a constitutional amendment exempting certain goods, wares, merchandise,
other tangible personal property, and ores, other than oil, natural gas,
and other petroleum products from ad valorem taxation under certain
conditions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article VIII, Texas Constitution, by adding Section 1-n,
as follows: 

Sec. 1-n.  (a)  Exempts goods, wares, merchandise, other tangible personal
property, and ores, other than oil, natural gas, and other petroleum
products from ad valorem taxation if the property is acquired in or
imported into this state to be forwarded to another location in this state
or outside this state; the property is detained at a location in this state
that is not owned or under the control of the property owner for
assembling, storing, manufacturing, processing, or fabricating purposes by
the person who acquired or imported the property; and the property is
transported to another location in this state or outside this state within
270 days of its acquisition or importation. 

(b)  Provides that, for purposes of this section, tangible personal
property includes aircraft and aircraft parts; property imported into this
state includes property brought into this state; property forwarded to
another location in this state or outside this state includes property
transported in or affixed to an aircraft to be transported; and property
detained at a location in this state for assembling, storing,
manufacturing, processing, or fabricating purposes includes property,
aircraft, or aircraft parts brought into this state or acquired in this
state and used by the person who acquired the property, aircraft, or
aircraft parts in this state or who brought the property, aircraft, or
aircraft parts into this state for the purpose of repair or maintenance of
aircraft operated by a certificated air carrier. 

(c)  Authorizes a county, common or independent school district, junior
college district, or municipality, including a home-rule municipality, to
tax property otherwise exempt from taxation under Subsection (a) of this
section if the governing body of such an entity proposes to provide for the
taxation of the property by official action before April 1, 2000, and the
voters approve the taxation at an election held for that purpose on
November 7, 2000. 

(d)  Provides that, if such an entity takes action, the action takes effect
January 1, 2001. Authorizes such an entity to subsequently exempt the
property from taxation if the governing body of such an entity proposes to
rescind the previous action to tax the property by official action and the
voters approve the taxation at an election held for that purpose. 

 (e)  Provides that such a rescission applies to each tax year that begins
after the date of the election.  Prohibits the governing body of an entity
that rescinds its previous action to tax the property from subsequently
taking action to tax the property. 

(f)  Authorizes a property owner who is eligible to receive the exemption
authorized by Section 1-j (Certain tangible personal property exempt from
ad valorem taxation) of this article to apply for the exemption authorized
by this section in the manner provided by general law, and provides that
the owner is not entitled to receive both exemptions for the same property. 

(g)  Effective date:  January 1, 2000.  Makes application of this Act
prospective beginning with taxes imposed in 2001.  Provides that this
subsection expires January 1, 2002.  

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language of the ballot. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in the caption to make a conforming
change. 

The substitute deletes SECTIONS 1-4 and SECTION 6 of the original.

SECTION 1 of the original would have amended Section 1, Article VIII, Texas
Constitution, to exempt all personal property in this state from ad valorem
taxation, except for personal property pledged for the payment of a debt
before November 2, 1999.  The original would have authorized the ad valorem
tax on such property to be collected if cessation of the levy and
collection of the tax would impair the obligation of the contract by which
the debt was created and provided that this exception applies to personal
property that was taxable under the law in effect on January 1, 1999, but
that became exempt on January 1, 2000, as a result of the amendment of this
section. 

SECTION 2 of the original would have amended Section 1-l, Article VIII,
Texas Constitution, to make conforming changes. 

SECTION 3 of the original would have amended Section 5, Article VIII, Texas
Constitution, to make a conforming change. 

SECTION 4 of the original would have amended Section 8, Article VIII, Texas
Constitution, to make conforming changes. 

SECTION 6 would have repealed Sections 1-i (Mobile Marine Drilling
Equipment; Ad Valorem Tax Relief), 1-j (Certain Tangible Personal Property
Exempt from Ad Valorem Taxation), 19 (Farm Products, Livestock, Poultry,
and Family Supplies; Exemption), and 19a (Implements of Husbandry;
Exemption), Article VIII, Texas Constitution. 

The substitute adds a new SECTION 1 which amends Article VIII, Texas
Constitution, by adding Section 1-n, to exempt certain goods, wares,
merchandise, other tangible personal property, and ores, other than oil,
natural gas, and other petroleum products from ad valorem taxation under
certain conditions.  For a more complete analysis, please see the
Section-by-Section Analysis portion of this document. 

The substitute incorporates the provisions of SECTION 4 of the original
into proposed Section 1n(g). 

The substitute redesignates SECTION 7 of the original to SECTION 2, and
makes conforming changes in the text of the proposition to be submitted to
the voters.