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


Office of House Bill AnalysisS.B. 1435
By: Duncan
Ways & Means
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

The 75th Texas Legislature enacted a new system of heavy equipment property
tax appraisal.  There are two main problems with the new system.  First,
heavy equipment dealers who lease equipment in a lease-purchase 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.  Second,
heavy equipment dealers who have fewer sales in the current year than in
the previous year may end up with an escrow account that is short by a
large amount because they are held accountable for the previous year's
appraised value.  This may cause a severe problem for certain dealers, such
as farm equipment dealers whose incomes depend on  factors such as drought
and commodity prices. 

S.B. 1435 redefines "dealer's heavy equipment inventory" 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
allows market value to be computed based on the previous year's sales or
the current year's sales, whichever is lower.  Thus, only those dealers who
have current year sales lower than previous year sales would be taxed on
current year value. 

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 Sections 23.1241(a)(2) and (a)(6), Tax Code, to redefine
"dealer's heavy equipment inventory" and "sales price." 

SECTION 2.  Amends Sections 23.1241(b) and (f), as follows:

(b)  Provides 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.  Previously it was for the 12-month period
corresponding to the preceding tax year.  Provides that a sale is
considered to occur when ownership of an item of heavy equipment is
transferred from the dealer to the purchaser. 

(f)  Makes a conforming change.

SECTION 3.  Amends 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). 

SECTION 4.  Amends Section 25.25, Tax Code, by adding Subsections (n) and
(o), as follows: 

(n)  Requires 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.  Requires 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.  Provides that the report must include a description and the
name of the owner of each property. 

(o)  Requires 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. 

SECTION 5.  Effective date: September 1, 1999.
Makes application of this Act prospective from a tax year that begins on or
after January 1, 1999. 

SECTION 6.  Emergency clause.