CHAPTER 24. CENTRAL APPRAISAL
TAX CODE
TITLE 1. PROPERTY TAX CODE
SUBTITLE D. APPRAISAL AND ASSESSMENT
CHAPTER 24. CENTRAL APPRAISAL
SUBCHAPTER B. RAILROAD ROLLING STOCK
Sec. 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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1981, 67th Leg., 1st C.S., p. 154, ch. 13,
Sec. 88, eff. Aug. 14, 1981.
Sec. 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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1981, 67th Leg., 1st C.S., p. 154, ch. 13,
Sec. 89, eff. Aug. 14, 1981; Acts 1991, 72nd Leg., 2nd C.S., ch.
6, Sec. 36, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 464,
Sec. 2, eff. Jan. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13,
Sec. 90, eff. Aug. 14, 1981.
Sec. 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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13,
Sec. 91, eff. Aug. 14, 1981; Acts 1991, 72nd Leg., 2nd C.S., ch.
6, Sec. 37, eff. Sept. 1, 1991.
Sec. 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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13,
Sec. 92, eff. Aug. 14, 1981.
Sec. 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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13,
Sec. 93, eff. Aug. 14, 1981; Acts 1991, 72nd Leg., 2nd C.S., ch.
6, Sec. 38, eff. Sept. 1, 1991.
Sec. 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, Sec. 2, eff. Sept. 1,
2001.
Sec. 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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 6, Sec. 38,
eff. Sept. 1, 1991.
Sec. 24.38. CERTIFICATION OF APPORTIONED VALUE. Before July 26,
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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1983, 68th Leg., p. 4825, ch. 851, Sec. 16,
eff. Aug. 29, 1983; Acts. 1991, 72nd Leg., 2nd C.S., ch. 6, Sec.
38, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
908, Sec. 1, eff. January 1, 2010.
Sec. 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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1981, 67th Leg., 1st C.S., p. 155, ch. 13,
Sec. 94, eff. Aug. 14, 1981; Acts 1983, 68th Leg., p. 4825, ch.
851, Sec. 16, eff. Aug. 29, 1983.
Sec. 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, Sec. 1, eff. Jan. 1,
1980. Amended by Acts 1981, 67th Leg., 1st C.S., p. 156, ch. 13,
Sec. 95, eff. Aug. 14, 1981; Acts 1991, 72nd Leg., 2nd C.S., ch.
6, Sec. 39, eff. Sept. 1, 1991.