Bill Text: TX HB3396 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the rendition of certain property.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-03-19 - Referred to Ways & Means [HB3396 Detail]
Download: Texas-2013-HB3396-Introduced.html
| By: Workman | H.B. No. 3396 | |
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| relating to the rendition of certain property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 22.01 (c) and (d), Tax Code, is amended | ||
| by adding subsections (c-1), (c-2), and (d-1) as follows: | ||
| (c) A person may render for taxation any property that he | ||
| owns or that he manages and controls as a fiduciary on January 1, | ||
| although he is not required to render it by Subsection (a) or (b) of | ||
| this section. | ||
| (c-1) For the purposes of this section, "Secured party" is | ||
| defined in Section 9.102, Business and Commerce Code and "security | ||
| interest" is defined in Section 1.201, Business and Commerce Code. | ||
| (c-2) With the consent of the property owner, a secured | ||
| party may render for taxation any property of the property owner in | ||
| which such secured party has a security interest as of January 1, | ||
| although he is not required to render it by subsection (a) or (b). | ||
| This subsection only applies to property that had a cost when new of | ||
| more than $50,000. | ||
| (d) A fiduciary who renders property shall indicate his | ||
| fiduciary capacity and shall state the name and address of the | ||
| owner. | ||
| (d-1) A secured party who renders property shall indicate | ||
| his capacity and shall state the name and address of the owner. A | ||
| secured party is entitled to rely upon the property owner with | ||
| respect to the accuracy of the rendition statement, the district in | ||
| which such rendition statement is filed and compliance with any | ||
| provisions of this chapter required the property owner to supply | ||
| additional information. The secured party shall not be liable for | ||
| any false information on the rendition statement supplied by the | ||
| property owner or the failure to timely file the rendition | ||
| statement if the property owner fails to promptly cooperate with | ||
| the secured party. | ||
| SECTION 2. Section 22.24(e), Tax Code, is amended as | ||
| follows: | ||
| (e) To be valid, a rendition or report must be sworn to | ||
| before an officer authorized by law to administer an oath. The | ||
| comptroller may not prescribe or approve a rendition or report form | ||
| unless the form provides for the person filing the form to swear | ||
| that the information provided in the rendition or report is true and | ||
| accurate to the best of the person's knowledge and belief. This | ||
| subsection does not apply to a rendition or report filed by a | ||
| secured party as defined in Section 9.102, Business and Commerce | ||
| Code, the property owner, an employee of the property owner, or an | ||
| employee of a property owner on behalf of an affiliated entity of | ||
| the property owner. | ||
| SECTION 3. This Act takes effect January 1, 2014. | ||
