HBA-JRA C.S.S.B. 1435 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1435
By: Duncan
Ways & Means
5/13/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 75th Texas Legislature enacted a new system of heavy equipment property
tax appraisal.  The problem with the new system is that heavy equipment
dealers who lease equipment in a leasepurchase agreement are taxed on this
equipment under the old January 1 inventory system, and then taxed again
under the new system when the sale is finalized. 

C.S.S.B. 1435 redefines "dealer's heavy equipment inventory" and "sales
price" to include items of heavy equipment that are held for sale subject
to a lease purchase agreement, rental option, or lease purchase option.  In
addition, this bill provides that a sale is considered to occur when
ownership of an item of heavy equipment is transferred from the dealer to
the purchaser. 

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 Section 23.1241(a)(2), Tax Code, to redefine "dealer's
heavy equipment inventory." 

SECTION 2.  Amends Section 23.1241(a)(7), Tax Code, to redefine "sales
price." 

SECTION 3.  Amends Section 23.1241(b), Tax Code, as follows:

(b)  Provides that a sale is considered to occur when ownership of an item
of heavy equipment is transferred from the dealer to the purchaser.  Makes
conforming changes. 

SECTION 4.  Effective date: September 1, 1999.
Makes application of this Act prospective from a tax year that begins on or
after January 1, 1999. 

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 to delete the proposed
redefinition of "heavy equipment." 

The substitute adds a new SECTION 2 to redefine "sales price."

The substitute modifies the original by redesignating SECTION 2 of the
original to SECTION 3 and restoring the existing language of Subsection
(b), except for the provision that a sale is considered to occur when
ownership of an item of heavy equipment is transferred from the dealer to
the purchaser, which is added in the substitute as it is in the original.
The original would have provided that, for the purposes of  the computation
of property tax, the market value of a dealer's heavy equipment inventory
on January 1 is the total annual sales, less sales to dealers, and
subsequent sales,  for the 12-month period corresponding to the preceding
tax year, divided by 12, or for the 12-month period corresponding to the
current tax year, divided by 12, whichever is lesser.  The substitute also
deletes the proposed amendment to Subsection (f), which would have made a
conforming change. 

The substitute deletes SECTION 3 of the original which would have amended
Section 23.1242(h), Tax Code, to require the collector to apply the money
in the owner's escrow account to the taxes imposed and to deliver a tax
receipt to the owner immediately on receiving the notice required in
Section 25.25(n). 

The substitute deletes SECTION 4 of the original which would have amended
Section 25.25, Tax Code, by adding Subsections (n) and (o).  Proposed
Subsection (n) would have required the chief appraiser, before January 20,
to change the appraisal roll to correct the market value of a heavy
equipment dealer who has filed heavy equipment inventory tax statements for
the 12-month period corresponding to the current tax year and whose market
value is determined using the 12-month period corresponding to the current
tax year and to notify the collector required to administer the provision
of Section 23.1242 and affected units of the corrected accounts.  The
proposed Subsection (n) would have required the chief appraiser, before the
10th day after the end of each calendar quarter, to submit to the appraisal
review board and to the board of directors of the appraisal district a
written report of each change made under this subsection and provided that
the report must include a description and the name of the owner of each
property.  Proposed Subsection (o) would have required the chief appraiser
to change the appraisal roll to reflect the corrected market value if the
chief appraiser has examined the books and records of a heavy equipment
dealer whose appraised value is determined using the 12-month period
corresponding to the current tax year and has determined that the dealer's
market value should be corrected. 

The substitute redesignates SECTION 5 (effective date) and SECTION 6
(emergency clause) of the original to SECTIONS 4 and 5.