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Difference between revisions of "Texas Taxes on Productivity Reform Act"

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A BILL TO BE ENTITLED AN ACT
A BILL TO BE ENTITLED AN ACT
relating to the Texas Sovereignty Act.
relating to the Texas Property Tax Reform Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) This Act shall be known as the Texas Taxes on Productivity Reform Actt.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) This Act shall be known as the Texas Property Tax Reform Act.
 
(b) The legislature finds that:
(b) The legislature finds that:
(1) The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes and nothing more.
 
(2) The Tenth Amendment to the United States Constitution defines the total scope of federal power as including only those powers specifically delegated by the people to the federal government. Those powers not delegated to the federal government are reserved to the states or to the people themselves.
(1) The people of the cities, counties, and municipalities created by the Texas government would prefer self-determination in how the fruit of the land and natural resources are divided among the people of Texas.  
(3) Each power delegated to the federal government by the United States Constitution encompasses only that power as it was understood at the time it was delegated, subject only to an expansion or limitation of that power by a subsequent amendment to the constitution.
 
(4) The United States Constitution authorizes the United States Congress to exercise only those powers enumerated in Article I, Section 8, of the Constitution, as well as certain other powers delegated to Congress by subsequent amendments to the constitution. Article VI makes supreme the Constitution and only laws in pursuance to the Constitution and requires the individuals at all levels and in all branches of government to support the Constitution.
A BILL ENTITLED
(5) The power delegated to the United States Congress to regulate commerce among the several states under Article I, Section 8, of the United States Constitution was not intended by its drafters or understood by those who ratified it as an authorization for the federal government to assume vast powers not directly related to or merely affecting interstate commerce, thereby infringing on the sovereignty of the states and the liberties of the people. The Commerce Clause only allows regulation of actual commerce among the states or between foreign nations. Under color of the Commerce Clause, the legislative, executive, and judicial branches of the federal government have adopted and implemented countless measures not authorized by the language or original intent of the clause, many of which usurp the duties and responsibilities reserved to the states by the Tenth Amendment.
AN ACT concerning
(6) The power delegated to the United States Congress to make all necessary and proper laws under Article I, Section 8, of the United States Constitution was not intended by its drafters or understood by those who ratified it to be a delegation of unlimited power to the federal government to do anything it considers necessary and proper. Instead, the Necessary and Proper Clause was intended and understood to authorize Congress to only enact laws actually necessary and proper to execute a power specifically vested in the federal
Land Value Taxation - Local Option for Baltimore City
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FOR the purpose of establishing separate classes for property tax assessment purposes for land and
government by the Constitution, without which the vested power would be impossible to exercise.
improvements to land; requiring that the property tax rate in Baltimore City for improvements to land be
(7) The power delegated to the United States Congress to provide for the general welfare of the United States under
less than or equal to the rate for land; requiring the property tax rates in Baltimore City applicable to
Article I, Section 8, of the United States Constitution was not intended by its drafters or understood by those who ratified it to authorize Congress to enact any legislation that it considers good or desirable. Instead, the General Welfare Clause was intended and understood to ensure that Congress, when exercising an enumerated power, does so in a manner that serves all citizens well and equally.
certain property to bear certain relationships to the rate for improvements to land; authorizing the Mayor
(8) In addition to the limitations imposed on the power of the federal government by the United States Constitution as originally ratified, the powers delegated to the federal government were further restricted at the insistence of the people through the ratification of the Bill of Rights. As such, this state specifically rejects any federal claim that any provision of the Bill of Rights authorizes new or expanded authority that may be exercised by the federal government.
and City Council of Baltimore City to set a tax rate of zero for improvements to land; prohibiting the
(9) The federal government has acted in a manner inconsistent with the language, intent, and spirit of the United States Constitution in direct violation of the Constitution and the contract between this state and its people, and the United States. This state rejects the unauthorized and excessive abuse of power by the federal government that infringes on the rights of this state and its people and that unconstitutionally undermines, diminishes, and disregards the balance of powers between the states and the federal government established by the Constitution.
Mayor and City Council of Baltimore City from setting different tax rates for subclasses of property, with
(c) In accordance with the United States Constitution, the federal government is denied by this state the power to take any legislative, executive, or judicial action that violates the Constitution, specifically including those actions that unconstitutionally undermine, diminish, or disregard the balance of powers between the states and the federal government established by the Constitution.
certain exceptions; repealing certain obsolete provisions of law; providing for the application of this Act;
(d) This Act serves as notice from this state to the federal government to cease and desist any and all unconstitutional activities that are outside the scope of the power delegated to it by the United States Constitution, including those activities that unconstitutionally undermine, diminish, or disregard the balance of powers between the states and the federal government established by the Constitution.
and generally relating to establishing separate classes for property tax purposes and authorizing separate
(e) This Act calls upon all officials in state and local government, in all branches and at all levels, especially law enforcement, prosecutors, local legislative bodies, the judiciary, the attorney general, and the governor to honor their oaths to preserve, protect, and defend the constitution, and to therefore stop unconstitutional federal actions, enforcing the Texas Penal Code, including the Official Oppression Act (Texas Penal Code 39.03), against federal agents acting under the color of unconstitutional federal acts.
tax rates in Baltimore City for land and improvements to land.
(f) As stated in the Texas Constitution, Art. 1, Sections 1 and 2, this state and its people retain their sovereign power to regulate the affairs of this state, subject only to the limitations prescribed by the United States Constitution.
BY repealing and reenacting, with amendments,
SECTION 2. Subtitle Z, Title 3, Government Code, is amended by adding Chapter 393 to read as follows: CHAPTER 393. ENFORCEMENT OF THE CONSTITUTION
Article - Tax - Property
Sec. 393.001. DEFINITIONS. In this chapter:
Section 6-302 and 8-101
(1) "Committee" means the joint legislative committee on constitutional enforcement. (2) "Federal action" includes:
Annotated Code of Maryland
(A) a federal law;
(2001 Replacement Volume and 2005 Supplement)
(B) a federal agency, rule, policy, or standard;
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of
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Maryland read as follows:
     
Article - Tax - Property
(C) an executive order of the president of the United States; (D) an order or decision of a federal court; or
6-302.
(E) enforcement of a treaty.
(a) Except as otherwise provided in this section and after complying with §6-305 of this subtitle, in each year after the date of finality and before the following July 1, the Mayor and City Council of Baltimore
(3) "Unconstitutional federal action" means a federal action enacted, adopted, or implemented without authority specifically delegated to the federal government by the states through the United States Constitution. Those analyzing a federal action to determine constitutionality shall not rely upon federal judicial precedent in the determination of whether a federal action is unconstitutional. Rather, they shall use in their reasoning the plain meaning of the text in light of the definitions at the time of the framing and the overall structure of the Constitution. Where meaning is ambiguous, they should use contemporaneous understandings of the Constitutional doctrine in question, as evidenced by:
City or the governing body of each county annually shall set the tax [rate] RATES for the next taxable year [on all assessments] FOR EACH OF THE FOLLOWING CONSTITUTIONAL CLASSES of property subject to that county's property tax:
(1) the ratifying debates in the states;
 
(2) the understanding of the leading participants in the Constitutional Convention;
2 HOUSE BILL 1552
(3) the understanding of the doctrine in question by the various state constitutions in existence when the
(1) LAND;
Constitution was adopted;
(2) IMPROVEMENTS TO LAND; AND
(4) the understanding of the first Congress;
(3) PERSONAL PROPERTY.
(5) the background understanding of the doctrine in question under the English constitution of the time;
(b) (1) Except as provided in subsection (c) of this section, §§ 6-305 and 6-306 of this subtitle and § 6-
203 of this title:
(i) there shall be a single county property tax rate for all [real property] LAND AND IMPROVEMENTS
TO LAND subject to county property tax except for operating real property described in § 8-109(c) of this article; and (ii) the county tax rate applicable to personal property and TO the LAND AND
IMPROVEMENTS TO LAND THAT MAKE UP THE operating real property described in § 8-109(c) of
this article for taxable years beginning after June 30, 2001 shall be 2.5 times the rate for [real property]
LAND AND IMPROVEMENTS TO LAND.
(2) Paragraph (1) of this subsection does not affect a special rate prevailing in a taxing district or part of a
county. [(c) (1) Intangible personal property is subject to county property tax as otherwise provided in this
title at a rate set annually, if:
(i) the intangible personal property has paid interest or dividends during the 12 months that precede the
date of finality;
(ii) interest or dividends were withheld on the intangible personal property during the 12 months that
precede the date of finality to avoid the tax under this subsection;
(iii) the intangible personal property consists of newly issued bonds, certificates of indebtedness, or
evidences of debt on which interest is not in default; or
(iv) a stock dividend has been declared on the intangible personal property during the 12 months that
precede the date of finality.
(2) The county tax rate for the intangible personal property is 30 cents for each $100 of assessment.]
(C) (1) IN BALTIMORE CITY, THE TAX RATE FOR IMPROVEMENTS TO LAND SHALL BE LESS
THAN OR EQUAL TO THE RATE SET FOR LAND.
(2) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY SET AN ANNUAL TAX RATE
OF ZERO FOR IMPROVEMENTS TO LAND.
(3) IN BALTIMORE CITY, THE TAX RATE APPLICABLE TO PERSONAL PROPERTY SHALL BE
2.5 TIMES THE RATE FOR IMPROVEMENTS TO LAND.
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(4) (I) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, THE MAYOR AND CITY
COUNCIL OF BALTIMORE CITY MAY NOT SET DIFFERENT TAX RATES FOR SUBCLASSES
OF PROPERTY.
(II) THE BALTIMORE CITY TAX RATE APPLICABLE TO LAND AND IMPROVEMENTS TO
LAND THAT MAKE UP THE OPERATING REAL PROPERTY DESCRIBED IN § 8-109(C) OF THIS
ARTICLE SHALL BE 2.5 TIMES THE RATE FOR IMPROVEMENTS TO LAND.
(D) NOTHING IN THIS SECTION IS INTENDED TO CHANGE ASSESSMENTS OR ASSESSMENT
PRACTICES EXISTING PRIOR TO JULY 1, 2006.
8-101.
(a) [For] CONSISTENT WITH ARTICLE 15 OF THE MARYLAND DECLARATION OF RIGHTS,
FOR assessment purposes, property shall be divided into classes and subclasses.
(b) [Real property] LAND is a class of property and is divided into the following subclasses:
(1) land that is actively devoted to farm or agricultural use, assessed under § 8-209 of this title;
(2) marshland, assessed under § 8-210 of this title;
(3) woodland, assessed under § 8-211 of this title;
(4) land of a country club or golf course, assessed under §§ 8-212 through 8-217 of this title;
(5) land that is used for a planned development, assessed under §§ 8-220 through 8-225 of this title;
(6) LAND THAT IS rezoned real property that is used for residential purposes, assessed under §§ 8-226
through 8-228 of this title;
(7) LAND THAT IS USED AS operating real property of a railroad;
(8) LAND THAT IS USED AS operating real property of a public utility; and
(9) LAND THAT IS property valued under § 8-105(a)(3) of this subtitle;
and
and
(6) statements of support for natural law and natural rights by the framers and the philosophers admired
(10) all other [real property] LAND that is directed by this article to be assessed.
by the framers.
(C) IMPROVEMENTS TO LAND IS A CLASS OF PROPERTY AND IS DIVIDED INTO THE
(4) “Declared unconstitutional federal action” means an unconstitutional federal action declared to be such by the joint legislative
FOLLOWING SUBCLASSES:
committee on constitutional enforcement or legislature, the governor, the attorney general, district or county attorneys, county
7
commissioner courts, city councils, sheriffs, or the Texas judiciary.
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Sec. 393.002. JOINT LEGISLATIVE COMMITTEE ON CONSTITUTIONAL ENFORCEMENT. (a) The joint legislative
(1) IMPROVEMENTS TO LAND THAT IS USED AS OPERATING PROPERTY OF A RAILROAD;
committee on constitutional enforcement is established as a permanent joint committee of the legislature. (b) The committee consists of the following 12 members:
(2) IMPROVEMENTS TO LAND THAT IS USED AS OPERATING PROPERTY OF A PUBLIC
(1) six members of the house of representatives appointed by the speaker of the house; and
UTILITY; AND
(2) six members of the senate appointed by the lieutenant governor.
(3) ALL OTHER IMPROVEMENTS TO LAND THAT ARE DIRECTED BY THIS ARTICLE TO BE
(c) The speaker of the house will appoint one of the house of representative members to be one joint chair of the committee. The
ASSESSED.
lieutenant governor will appoint one of the senate members to be the other joint chair of the committee.
[(c)] (D) Personal property is a class of property and is divided into the following subclasses:
(d) Not more than four house members of the committee and four senate members of the committee may be members of the same
(1) stock in business;
political party. Both the speaker of the house and the lieutenant governor shall appoint at least one member of every party represented in the body.
(2) distilled spirits;
(e) Members of the committee serve two-year terms beginning with the convening of each regular legislative session.
(3) operating personal property of a railroad;
(f) If a vacancy occurs on the committee, the appropriate appointing officer shall appoint a member of the house or senate, as
(4) operating personal property of a public utility that is machinery or equipment used to generate
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electricity or steam for sale;
                               
(5) all other operating personal property of a public utility;
appropriate, to serve for the remainder of the unexpired term.
(6) machinery and equipment, other than operating personal property of a public utility, that is used to
(g) The committee shall meet at the call of either joint chair.
generate:
(h) A majority of the members of the committee constitute a quorum.
(i) electricity or steam for sale; or
Sec. 393.003. COMMITTEE REVIEW OF FEDERAL ACTION. (a) The committee may review any federal action to determine
(ii) hot or chilled water for sale that is used to heat or cool a building; and
whether the action is an unconstitutional federal action.
(7) all other personal property that is directed by this article to be assessed.
(b) Not later than the 180th day after the date the committee holds its first public hearing to review a specific federal action, the
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2006, and
committee shall vote to determine whether the action is an unconstitutional federal action.
shall be applicable to all taxable years beginning after June 30, 2007.
(c) The committee may determine that a federal action is an unconstitutional federal action by majority vote.
County Option
(d) A federal action determined by the committee to be an unconstitutional federal action shall be considered the will of the
 
legislature and will take immediate legal effect in this state until and unless both houses of legislature take affirmative action to override the committee.
HOUSE BILL 1075
Sec. 393.004. EXECUTIVE DECLARATIONS OF UNCONSTITUTIONAL FEDERAL ACTS.
(a) A written opinion by the governor, the attorney general, a county or district attorney, a county commissioners court, a city council, or a sheriff that contains a declaration of the unconstitutionality of a federal action and the reasoning upon which the declaration is made shall make a federal action become a declared unconstitutional federal action.
Sec. 393.005. LEGAL EFFECT OF DECLARED UNCONSTITUTIONAL FEDERAL ACTION
(a) A declared unconstitutional federal action has no legal effect in the jurisdiction of the authority making the declaration and may not be recognized by this state or a political subdivision of this state as having legal effect.
(b) This state shall prevent the implementation and enforcement of a declared unconstitutional federal action within the boundaries of this state by prosecuting individuals who seek to enforce declared unconstitutional federal action, using Texas Penal Code 39.03 or other portions of the Texas Penal Code that apply.
(c) This act does not prohibit any official in Texas who has taken the oath to defend the constitution from interposing to stop acts of the federal government which, in his best understanding and judgment, violates the Constitution.
Sec. 393.006. PROSECUTION BY ATTORNEY GENERAL AUTHORIZED.
(a) The attorney general may prosecute any existing criminal offense in the laws of this state if the actor commits the crime under the color of an unconstitutional federal action.
(b) The attorney general may appear before a grand jury in connection with an offense the attorney general is authorized to prosecute under Subsection (a).
(c) The authority to prosecute prescribed by this subchapter does not affect the authority derived from other law to prosecute the
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same offenses.
SECTION 3. . Subtitle C, Title 2, Chapter 37, Civil Practice and Remedies Code, is amended by adding Section 37.0056 as
follows:
Sec. 37.0056 DECLARATIONS RELATING TO UNCONSTITUTIONAL ACTS OF THE FEDERAL GOVERNMENT (a) In
this section, the definitions of the Texas Government Code, Sec. 393.001 apply.
(b) Notwithstanding 37.008, a person may have a declaration on whether a federal action affecting Texas or Texans is
unconstitutional under the United States Constitution.
(c) The court shall not rely upon federal judicial precedent in the determination of whether a federal action is unconstitutional.
Rather, the court shall use in its reasoning the plain meaning of the text in light of the definitions at the time of the framing and the overall structure of the Constitution. Where meaning is ambiguous, the court should use contemporaneous understandings of the Constitutional doctrine in question, as evidenced by:
(7) the ratifying debates in the states;
(8) the understanding of the leading participants in the Constitutional Convention;
(9) the understanding of the doctrine in question by the various state constitutions in existence when the
Constitution was adopted;
(10) the understanding of the first Congress;
(11) the background understanding of the doctrine in question under the English constitution of the time;
and
(12) statements of support for natural law and natural rights by the framers and the philosophers admired
by the framers.
SECTION 4. (a) Not later than the 30th day following the effective date of this Act:
(1) the speaker of the house of representatives and the lieutenant governor shall appoint the initial members of the Joint Legislative Committee on Constitutional Enforcement established under Section 393.002, Government Code, as added by this Act; and
(2) the secretary of state shall forward official copies of this Act to the president of the United States, to the speaker of the House of Representatives and the president of the Senate of the Congress of the United States, and to all members of the Texas delegation to Congress with the request that this Act be officially entered in the Congressional Record.
(b) Not later than the 45th day following the effective date of this Act, the lieutenant governor shall forward official copies of this Act to the presiding officers of the legislatures of the several states.
SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect August 29, 2017.
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Latest revision as of 10:16, 28 November 2017

A BILL TO BE ENTITLED AN ACT relating to the Texas Property Tax Reform Act. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) This Act shall be known as the Texas Property Tax Reform Act.

(b) The legislature finds that:

(1) The people of the cities, counties, and municipalities created by the Texas government would prefer self-determination in how the fruit of the land and natural resources are divided among the people of Texas.

A BILL ENTITLED AN ACT concerning Land Value Taxation - Local Option for Baltimore City FOR the purpose of establishing separate classes for property tax assessment purposes for land and improvements to land; requiring that the property tax rate in Baltimore City for improvements to land be less than or equal to the rate for land; requiring the property tax rates in Baltimore City applicable to certain property to bear certain relationships to the rate for improvements to land; authorizing the Mayor and City Council of Baltimore City to set a tax rate of zero for improvements to land; prohibiting the Mayor and City Council of Baltimore City from setting different tax rates for subclasses of property, with certain exceptions; repealing certain obsolete provisions of law; providing for the application of this Act; and generally relating to establishing separate classes for property tax purposes and authorizing separate tax rates in Baltimore City for land and improvements to land. BY repealing and reenacting, with amendments, Article - Tax - Property Section 6-302 and 8-101 Annotated Code of Maryland (2001 Replacement Volume and 2005 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article - Tax - Property 6-302. (a) Except as otherwise provided in this section and after complying with §6-305 of this subtitle, in each year after the date of finality and before the following July 1, the Mayor and City Council of Baltimore City or the governing body of each county annually shall set the tax [rate] RATES for the next taxable year [on all assessments] FOR EACH OF THE FOLLOWING CONSTITUTIONAL CLASSES of property subject to that county's property tax:

2 HOUSE BILL 1552 (1) LAND; (2) IMPROVEMENTS TO LAND; AND (3) PERSONAL PROPERTY. (b) (1) Except as provided in subsection (c) of this section, §§ 6-305 and 6-306 of this subtitle and § 6- 203 of this title: (i) there shall be a single county property tax rate for all [real property] LAND AND IMPROVEMENTS TO LAND subject to county property tax except for operating real property described in § 8-109(c) of this article; and (ii) the county tax rate applicable to personal property and TO the LAND AND IMPROVEMENTS TO LAND THAT MAKE UP THE operating real property described in § 8-109(c) of this article for taxable years beginning after June 30, 2001 shall be 2.5 times the rate for [real property] LAND AND IMPROVEMENTS TO LAND. (2) Paragraph (1) of this subsection does not affect a special rate prevailing in a taxing district or part of a county. [(c) (1) Intangible personal property is subject to county property tax as otherwise provided in this title at a rate set annually, if: (i) the intangible personal property has paid interest or dividends during the 12 months that precede the date of finality; (ii) interest or dividends were withheld on the intangible personal property during the 12 months that precede the date of finality to avoid the tax under this subsection; (iii) the intangible personal property consists of newly issued bonds, certificates of indebtedness, or evidences of debt on which interest is not in default; or (iv) a stock dividend has been declared on the intangible personal property during the 12 months that precede the date of finality. (2) The county tax rate for the intangible personal property is 30 cents for each $100 of assessment.] (C) (1) IN BALTIMORE CITY, THE TAX RATE FOR IMPROVEMENTS TO LAND SHALL BE LESS THAN OR EQUAL TO THE RATE SET FOR LAND. (2) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY SET AN ANNUAL TAX RATE OF ZERO FOR IMPROVEMENTS TO LAND. (3) IN BALTIMORE CITY, THE TAX RATE APPLICABLE TO PERSONAL PROPERTY SHALL BE 2.5 TIMES THE RATE FOR IMPROVEMENTS TO LAND. 3 HOUSE BILL 1552 (4) (I) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY NOT SET DIFFERENT TAX RATES FOR SUBCLASSES OF PROPERTY. (II) THE BALTIMORE CITY TAX RATE APPLICABLE TO LAND AND IMPROVEMENTS TO LAND THAT MAKE UP THE OPERATING REAL PROPERTY DESCRIBED IN § 8-109(C) OF THIS ARTICLE SHALL BE 2.5 TIMES THE RATE FOR IMPROVEMENTS TO LAND. (D) NOTHING IN THIS SECTION IS INTENDED TO CHANGE ASSESSMENTS OR ASSESSMENT PRACTICES EXISTING PRIOR TO JULY 1, 2006. 8-101. (a) [For] CONSISTENT WITH ARTICLE 15 OF THE MARYLAND DECLARATION OF RIGHTS, FOR assessment purposes, property shall be divided into classes and subclasses. (b) [Real property] LAND is a class of property and is divided into the following subclasses: (1) land that is actively devoted to farm or agricultural use, assessed under § 8-209 of this title; (2) marshland, assessed under § 8-210 of this title; (3) woodland, assessed under § 8-211 of this title; (4) land of a country club or golf course, assessed under §§ 8-212 through 8-217 of this title; (5) land that is used for a planned development, assessed under §§ 8-220 through 8-225 of this title; (6) LAND THAT IS rezoned real property that is used for residential purposes, assessed under §§ 8-226 through 8-228 of this title; (7) LAND THAT IS USED AS operating real property of a railroad; (8) LAND THAT IS USED AS operating real property of a public utility; and (9) LAND THAT IS property valued under § 8-105(a)(3) of this subtitle; and (10) all other [real property] LAND that is directed by this article to be assessed. (C) IMPROVEMENTS TO LAND IS A CLASS OF PROPERTY AND IS DIVIDED INTO THE FOLLOWING SUBCLASSES: 7 4 HOUSE BILL 1552 (1) IMPROVEMENTS TO LAND THAT IS USED AS OPERATING PROPERTY OF A RAILROAD; (2) IMPROVEMENTS TO LAND THAT IS USED AS OPERATING PROPERTY OF A PUBLIC UTILITY; AND (3) ALL OTHER IMPROVEMENTS TO LAND THAT ARE DIRECTED BY THIS ARTICLE TO BE ASSESSED. [(c)] (D) Personal property is a class of property and is divided into the following subclasses: (1) stock in business; (2) distilled spirits; (3) operating personal property of a railroad; (4) operating personal property of a public utility that is machinery or equipment used to generate electricity or steam for sale; (5) all other operating personal property of a public utility; (6) machinery and equipment, other than operating personal property of a public utility, that is used to generate: (i) electricity or steam for sale; or (ii) hot or chilled water for sale that is used to heat or cool a building; and (7) all other personal property that is directed by this article to be assessed. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2006, and shall be applicable to all taxable years beginning after June 30, 2007. County Option

HOUSE BILL 1075

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