H.B. No. 366
1-1 AN ACT
1-2 relating to the exemption from ad valorem taxation of
1-3 income-producing tangible personal property and mineral interests
1-4 having a value of less than a certain amount.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by
1-7 adding Sections 11.145 and 11.146 to read as follows:
1-8 Sec. 11.145. INCOME-PRODUCING TANGIBLE PERSONAL PROPERTY
1-9 HAVING VALUE OF LESS THAN $500. (a) A person is entitled to an
1-10 exemption from taxation of the tangible personal property the
1-11 person owns that is held or used for the production of income if
1-12 that property has a taxable value of less than $500.
1-13 (b) The exemption provided by Subsection (a) applies to each
1-14 separate taxing unit in which a person holds or uses tangible
1-15 personal property for the production of income, and, for the
1-16 purposes of Subsection (a), all property in each taxing unit is
1-17 aggregated to determine taxable value.
1-18 Sec. 11.146. MINERAL INTEREST HAVING VALUE OF LESS THAN
1-19 $500. (a) A person is entitled to an exemption from taxation of a
1-20 mineral interest the person owns if the interest has a taxable
1-21 value of less than $500.
1-22 (b) The exemption provided by Subsection (a) applies to each
1-23 separate taxing unit in which a person owns a mineral interest and,
1-24 for the purposes of Subsection (a), all mineral interests in each
2-1 taxing unit are aggregated to determine value.
2-2 SECTION 2. Section 11.43(a), Tax Code, is amended to read as
2-3 follows:
2-4 (a) To receive an exemption, a person claiming the
2-5 exemption, other than an exemption authorized by Section 11.11,
2-6 11.12, 11.14, 11.145, 11.146, 11.15, 11.16, or 11.161 of this code,
2-7 must apply for the exemption. To apply for an exemption, a person
2-8 must file an exemption application form with the chief appraiser
2-9 for each appraisal district in which the property subject to the
2-10 claimed exemption has situs.
2-11 SECTION 3. This Act takes effect January 1, 1996, but only
2-12 if the constitutional amendment proposed by the 74th Legislature,
2-13 Regular Session, 1995, authorizing the legislature to exempt from
2-14 ad valorem taxation personal property and mineral interests having
2-15 a value insufficient to recover the administrative costs of
2-16 collecting the taxes is approved by the voters. If that amendment
2-17 is not approved by the voters, this Act has no effect.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.