TAX CODE
CHAPTER 24. CENTRAL APPRAISAL
SUBCHAPTER B. RAILROAD ROLLING STOCK
§ 24.31. APPRAISAL AT HEADQUARTERS. The chief
appraiser for the county in which the owner of rolling stock used by
a railroad resides or maintains a principal place of business in
this state shall appraise for taxation the rolling stock owned on
January 1. However, if the owner does not reside or maintain a
place of business in this state, the chief appraiser for the county
in which a railroad that leases the rolling stock maintains its
principal place of business in this state shall appraise it.
Acts 1979, 66th Leg., p. 2267, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 154, ch. 13, § 88,
eff. Aug. 14, 1981.
§ 24.32. ROLLING STOCK INFORMATION REPORTS. (a) In
addition to any reports required by Chapter 22, a person who on
January 1 owns or manages and controls as a fiduciary any rolling
stock used in the operation of a railroad shall file a property
information report listing the rolling stock with the chief
appraiser for the county in which the owner maintains his principal
place of business in this state.
(b) If the owner of a railroad is leasing or otherwise using
rolling stock on January 1 for use in the operation of the railroad,
he shall file a separate report, attached to the report required by
Subsection (a) of this section, listing the rolling stock, the name
and business address of the owner, and the full consideration for
the lease or use.
(c) A report required by this section must be on a form
prescribed by the comptroller. In prescribing the form, the
comptroller shall ensure that it requires the information necessary
to determine market value of rolling stock used in this state.
(d) The report must contain all the information required by
the form and must be signed by the individual required to file the
report by Subsection (a) of this section. When a corporation is
required to file the report, an officer of the corporation or an
employee or agent who has been designated in writing by the board of
directors or by an authorized officer to sign in behalf of the
corporation must sign the report.
(e) A report must be filed before May 1. For good cause
shown the chief appraiser may extend the filing deadline by written
order for a single period not to exceed 15 days.
Acts 1979, 66th Leg., p. 2267, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 154, ch. 13, § 89,
eff. Aug. 14, 1981; Acts 1991, 72nd Leg., 2nd C.S., ch. 6, § 36,
eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 464, § 2, eff. Jan.
1, 1994.
§ 24.33. REPORT OF LEASED ROLLING STOCK FORWARDED. If
the owner of leased rolling stock resides in this state or maintains
a place of business in this state, the chief appraiser receiving the
lessee's report required by Subsection (b) of Section 24.32 of this
code shall deliver a certified copy of the report by registered or
certified mail to the chief appraiser responsible for appraising
the rolling stock as provided by Section 24.31 of this code.
Acts 1979, 66th Leg., p. 2267, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13, § 90,
eff. Aug. 14, 1981.
§ 24.34. INTERSTATE ALLOCATION. (a) If the railroad
operates in another state or country, the chief appraiser shall
allocate to this state the proportion of the total market value of
the rolling stock that fairly reflects its use in this state during
the preceding tax year.
(b) The comptroller shall adopt rules establishing formulas
for interstate allocation of the value of railroad rolling stock.
Acts 1979, 66th Leg., p. 2267, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13, § 91,
eff. Aug. 14, 1981; Acts 1991, 72nd Leg., 2nd C.S., ch. 6, § 37,
eff. Sept. 1, 1991.
§ 24.35. NOTICE, REVIEW, AND PROTEST. (a) The chief
appraiser shall deliver notice to the owner of the rolling stock as
provided by Section 25.19 of this code and present the appraised
value for review and protest as provided by Chapter 41 of this code.
(b) Review and protests of appraisals of railroad rolling
stock must be completed by July 1 or as soon thereafter as
practicable and for that reason shall be given priority.
Acts 1979, 66th Leg., p. 2268, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13, § 92,
eff. Aug. 14, 1981.
§ 24.36. CERTIFICATION TO COMPTROLLER. On approval of
the appraised value of the rolling stock as provided by Chapter 41
of this code, the chief appraiser shall certify to the comptroller
the amount of market value allocated to this state for each owner
whose rolling stock is appraised in the county and the name and
business address of each owner.
Acts 1979, 66th Leg., p. 2268, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13, § 93,
eff. Aug. 14, 1981; Acts 1991, 72nd Leg., 2nd C.S., ch. 6, § 38,
eff. Sept. 1, 1991.
§ 24.365. CORRECTION OF CERTIFIED AMOUNT. (a) A chief
appraiser who discovers that the chief appraiser's certification to
the comptroller of the amount of the market value of rolling stock
allocated to this state under Section 24.36 was incomplete or
incorrect shall immediately certify the correct amount of that
market value to the comptroller.
(b) As soon as practicable after the comptroller receives
the correct certification from the chief appraiser, the comptroller
shall certify to the county assessor-collector for each affected
county the information required by Section 24.38 as corrected.
Added by Acts 2001, 77th Leg., ch. 268, § 2, eff. Sept. 1, 2001.
§ 24.37. INTRASTATE APPORTIONMENT. The comptroller
shall apportion the appraised value of each owner's rolling stock
to each county in which the railroad using it operates according to
the ratio the mileage of road owned by the railroad in the county
bears to the total mileage of road the railroad owns in this state.
Acts 1979, 66th Leg., p. 2268, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 6, § 38, eff.
Sept. 1, 1991.
§ 24.38. CERTIFICATION OF APPORTIONED VALUE. Before
August 1, the comptroller shall certify to the county
assessor-collector for each county in which a railroad operates:
(1) the county's apportioned amount of the market
value of each owner's rolling stock; and
(2) the name and business address of each owner.
Acts 1979, 66th Leg., p. 2268, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1983, 68th Leg., p. 4825, ch. 851, § 16, eff.
Aug. 29, 1983; Acts. 1991, 72nd Leg., 2nd C.S., ch. 6, § 38, eff.
Sept. 1, 1991.
§ 24.39. IMPOSITION OF TAX. The county
assessor-collector and commissioners court may not change the
apportioned values certified as provided by this subchapter. The
county assessor-collector shall add each owner's rolling stock and
the value apportioned to the county as certified to him to the
appraisal roll certified to him by the chief appraiser as provided
by Section 26.01 of this code for county tax purposes. He shall
calculate the county tax due on the rolling stock as provided by
Section 26.09 of this code.
Acts 1979, 66th Leg., p. 2268, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13, § 94,
eff. Aug. 14, 1981; Acts 1983, 68th Leg., p. 4825, ch. 851, § 16,
eff. Aug. 29, 1983.
§ 24.40. OMITTED PROPERTY. (a) If a chief appraiser
discovers that rolling stock used in this state and subject to
appraisal by him has not been appraised and apportioned to the
counties in one of the two preceding years, he shall appraise the
property as of January 1 for each year it was omitted, submit the
appraisal for review and protest, and certify the approved value to
the comptroller.
(b) The certification shall show that the appraisal is for
property that escaped taxation in a prior year and shall indicate
the year and the appraised value for each year.
Acts 1979, 66th Leg., p. 2268, ch. 841, § 1, eff. Jan. 1, 1980.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 156, ch. 13, § 95,
eff. Aug. 14, 1981; Acts 1991, 72nd Leg., 2nd C.S., ch. 6, § 39,
eff. Sept. 1, 1991.
