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H.B. No. 316

H.B. No. 316

AN ACT

relating to the ad valorem taxation of certain property that is part
of certain public transportation facilities or part of certain rail
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.07(b), Tax Code, is amended to read as
follows:
(b) Except as provided by Sections 11.11(b) [Subsections
(b)] and (c) [of Section 11.11 of this code], a leasehold or other
possessory interest in exempt property may not be listed if:
(1) the property is permanent university fund land;
(2) the property is county public school fund
agricultural land;
(3) the property is a part of a public transportation
facility owned by a municipality or county [an incorporated city or
town] and:
(A) is an airport passenger terminal building or
a building used primarily for maintenance of aircraft or other
aircraft services, for aircraft equipment storage, or for air
cargo;
(B) is an airport fueling system facility;
(C) is in a foreign-trade zone:
(i) that has been granted to a joint airport
board under Chapter 129, Acts of the 65th Legislature, Regular
Session, 1977 (Article 1446.8, Vernon’s Texas Civil Statutes);
(ii) the area of which in the portion of the
zone located in the airport operated by the joint airport board does
not exceed 2,500 acres; and
(iii) that is established and operating
pursuant to federal law; or
(D)(i) is in a foreign trade zone established
pursuant to federal law after June 1, 1991, which operates pursuant
to federal law;
(ii) is contiguous to or has access via a
taxiway to an airport located in two counties, one of which has a
population of 500,000 or more according to the federal decennial
census most recently preceding the establishment of the foreign
trade zone; and
(iii) is owned, directly or through a
corporation organized under the Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes), by the same
municipality [incorporated city or town] which owns the airport;
(4) the interest is in a part of:
(A) a park, market, fairground, or similar public
facility that is owned by a municipality [an incorporated city or
town]; or
(B) a convention center, visitor center, sports
facility with permanent seating, concert hall, arena, or stadium
that is owned by a municipality [an incorporated city or town] as
such leasehold or possessory interest serves a governmental,
municipal, or public purpose or function when the facility is open
to the public, regardless of whether a fee is charged for admission;
(5) the interest involves only the right to use the
property for grazing or other agricultural purposes;
(6) the property is owned by the Texas National
Research Laboratory Commission or by a corporation formed by the
Texas National Research Laboratory Commission under Section
465.008(g), Government Code, and is used or is useful in connection
with an eligible undertaking as defined by Section 465.021,
Government Code; [or]
(7) the property is:
(A) owned by a municipality, a public port, or a
navigation district created or operating under Section 59, Article
XVI, Texas Constitution, or under a statute enacted under Section
59, Article XVI, Texas Constitution; and
(B) used as an aid or facility incidental to or
useful in the operation or development of a port or waterway or in
aid of navigation-related commerce; or
(8) the property is part of a rail facility owned by a
rural rail transportation district created or operating under
Chapter 623, Acts of the 67th Legislature, Regular Session, 1981
(Article 6550c, Vernon’s Texas Civil Statutes).
SECTION 2. This Act takes effect January 1, 2008.

______________________________ ______________________________
President of the Senate Speaker of the House

I certify that H.B. No. 316 was passed by the House on March
13, 2007, by the following vote: Yeas 140, Nays 0, 1 present, not
voting.

______________________________
Chief Clerk of the House

I certify that H.B. No. 316 was passed by the Senate on May
22, 2007, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate
APPROVED: _____________________
Date

_____________________
Governor

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