HBA-RBT H.B. 2574 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2574
By: Hilbert
Ways & Means
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the portion of the total market value of property that fairly
reflects the property's use in this state must be allocated to this state
for tax purposes if the property is used for a business purpose of the
owner, is  taxable by a taxing unit, and is used both in this state and
outside this state.  H.B. 2574 establishes the allocation formula for
business aircraft.   

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 Chapter 21, Tax Code, by adding Section 21.055, as
follows: 

Sec.  21.055.  BUSINESS AIRCRAFT.  Requires the appraisal office to
allocate to this state the portion of the fair market value of an aircraft
that fairly reflects its use in this state if the aircraft is used for a
business purpose of the owner, is taxable by a taxing unit, and is used
both in this state and outside this state.  Sets forth the formula for the
calculation of the allocable portion of the total fair market value of the
aircraft as follows: 

The allocable portion of the total fair market value of an aircraft = the
fair market value of the aircraft times the number of departures by the
aircraft from a location in this state during the year preceding the tax
year and divided by the total number of departures by the aircraft from all
locations during the year preceding the tax year. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.