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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the period of time for exempting freeport |
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goods from ad valorem taxation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.251(e), (g), and (k), Tax Code, are |
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amended to read as follows: |
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(e) In determining the market value of freeport goods that |
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in the preceding year were assembled, manufactured, repaired, |
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maintained, processed, or fabricated in this state or used by the |
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person who acquired or imported the property in the repair or |
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maintenance of aircraft operated by a certificated air carrier, the |
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chief appraiser shall exclude the cost of equipment, machinery, or |
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materials that entered into and became component parts of the |
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freeport goods but were not themselves freeport goods or that were |
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not transported outside the state before the expiration of 365 |
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[175] days, or, if applicable, the greater number of days adopted by |
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the taxing unit as authorized by Subsection (l), after they were |
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brought into this state by the property owner or acquired by the |
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property owner in this state. For component parts held in bulk, the |
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chief appraiser may use the average length of time a component part |
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was held in this state by the property owner during the preceding |
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year in determining whether the component parts were transported |
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out of this state before the expiration of 365 [175] days or, if |
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applicable, the greater number of days adopted by the taxing unit as |
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authorized by Subsection (l). |
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(g) If the property owner or the chief appraiser |
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demonstrates that the method provided by Subsection (d) |
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significantly understates or overstates the market value of the |
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property qualified for an exemption under Subsection (b) in the |
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current year, the chief appraiser shall determine the market value |
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of the freeport goods to be exempt by determining, according to the |
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property owner's records and any other available information, the |
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market value of those freeport goods owned by the property owner on |
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January 1 of the current year, excluding the cost of equipment, |
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machinery, or materials that entered into and became component |
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parts of the freeport goods but were not themselves freeport goods |
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or that were not transported outside the state before the |
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expiration of 365 [175] days, or, if applicable, the greater number |
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of days adopted by the taxing unit as authorized by Subsection (l), |
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after they were brought into this state by the property owner or |
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acquired by the property owner in this state. |
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(k) Property that meets the requirements of Article VIII, |
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Sections 1-j(a)(1) and (2), of the Texas Constitution and that is |
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transported outside of this state not later than 365 [175] days, or, |
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if applicable, the greater number of days adopted by the taxing unit |
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as authorized by Subsection (l), after the date the person who owns |
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it on January 1 acquired it or imported it into this state is |
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freeport goods regardless of whether the person who owns it on |
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January 1 is the person who transports it outside of this state. |
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SECTION 2. This Act applies only to a tax year beginning on |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect January 1, 2016, but only |
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if the constitutional amendment proposed by the 84th Legislature, |
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Regular Session, 2015, extending the number of days that certain |
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tangible personal property to be transported outside of this state |
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is exempt from ad valorem taxation is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |