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A JOINT RESOLUTION
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proposing a constitutional amendment to authorize a political |
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subdivision of this state to extend the number of days that certain |
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tangible personal property that is exempt from ad valorem taxation |
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due to its location in this state for a temporary period may be |
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located in this state for purposes of qualifying for the tax |
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exemption. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1-j, Article VIII, Texas Constitution, |
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is amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) To promote economic development in the State, goods, |
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wares, merchandise, other tangible personal property, and ores, |
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other than oil, natural gas, and other petroleum products, are |
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exempt from ad valorem taxation by a political subdivision of this |
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State if: |
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(1) the property is acquired in or imported into this |
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State to be forwarded outside this State, whether or not the |
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intention to forward the property outside this State is formed or |
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the destination to which the property is forwarded is specified |
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when the property is acquired in or imported into this State; |
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(2) the property is detained in this State for |
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assembling, storing, manufacturing, processing, or fabricating |
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purposes by the person who acquired or imported the property; and |
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(3) the property is transported outside of this State |
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not later than: |
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(A) 175 days after the date the person acquired |
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or imported the property in this State; or |
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(B) a later date established by the governing |
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body of the political subdivision under Subsection (d) of this |
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section. |
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(d) The governing body of a political subdivision, in the |
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manner provided by law for official action, may extend the date by |
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which property exempted from ad valorem taxation under this section |
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must be transported outside the State to a date not later than the |
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730th day after the date the person acquired or imported the |
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property in this State. An extension adopted by official action |
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under this subsection applies only to the exemption from ad valorem |
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taxation by the political subdivision adopting the extension. The |
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legislature by general law may provide the manner by which the |
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governing body may extend the period of time as authorized by this |
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subsection. |
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SECTION 2. Section 1-n, Article VIII, Texas Constitution, |
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as proposed by S.J.R. 6, 77th Legislature, Regular Session, 2001, |
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is amended by amending Subsection (a) and adding Subsection (f) to |
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read as follows: |
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(a) To promote economic development in this state, the |
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legislature by general law may exempt from ad valorem taxation by a |
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political subdivision of this state goods, wares, merchandise, |
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other tangible personal property, and ores, other than oil, natural |
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gas, and other petroleum products, if: |
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(1) the property is acquired in or imported into this |
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state to be forwarded to another location in this state or outside |
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this state, whether or not the intention to forward the property to |
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another location in this state or outside this state is formed or |
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the destination to which the property is forwarded is specified |
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when the property is acquired in or imported into this state; |
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(2) the property is detained at a location in this |
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state that is not owned or under the control of the property owner |
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for assembling, storing, manufacturing, processing, or fabricating |
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purposes by the person who acquired or imported the property; and |
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(3) the property is transported to another location in |
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this state or outside this state not later than: |
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(A) 270 days after the date the person acquired |
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the property in or imported the property into this state; or |
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(B) a later date established by the governing |
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body of the political subdivision under Subsection (f) of this |
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section. |
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(f) The governing body of a political subdivision, in the |
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manner provided by law for official action, may extend the date by |
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which property exempted from ad valorem taxation under this section |
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must be transported outside the state to a date not later than the |
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730th day after the date the person acquired the property in or |
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imported the property into this state. An extension adopted by |
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official action under this subsection applies only to the exemption |
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from ad valorem taxation by the political subdivision adopting the |
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extension. The legislature by general law may provide the manner by |
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which the governing body may extend the period of time as authorized |
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by this subsection. |
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SECTION 3. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 83rd Legislature, |
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Regular Session, 2013, to authorize a political subdivision of this |
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state to extend the number of days that certain tangible personal |
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property that is exempt from ad valorem taxation due to its location |
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in this state for a temporary period may be located in this state |
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for purposes of qualifying for the tax exemption. |
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(b) The amendments to Sections 1-j(a) and 1-n(a), Article |
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VIII, of this constitution and the addition of Sections 1-j(d) and |
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1-n(f), Article VIII, to this constitution take effect January 1, |
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2014, and apply only to a tax year that begins on or after that date. |
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(c) This temporary provision expires January 1, 2015. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to authorize a |
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political subdivision of this state to extend the number of days |
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that certain tangible personal property that is exempt from ad |
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valorem taxation due to its location in this state for a temporary |
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period may be located in this state for purposes of qualifying for |
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the tax exemption." |