ORDER NO. 19238
MOTION TO OVERRIDE SJR 11, PROPOSITION 5
On this the 27th
Commissioner Ray,
Court unanimousl
allowed by SJR il,
tax base and avoid
for the year 1990.
day of November 1989, upon motion made by
seconded by Commissioner Holekamp, the
y approved to override the tax exemption
Proposition 5 in order to maintain current
dropping all or part of any inventories


~~
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U UL ItL;VIL'WLU_ l.fY '1'111;	C;UUlt7'.		
MAUL UY: DANNY EDWAR
UI' l~ 1CI:: COUNTY JUD E
ME1Jl'INC; UA"1'E: NOVEMBER 22, I989
'I'1M[s' I'RI;hERIt~U:
SUISJLCI': (I'LI:nSE [IL: SP(sCll'iC: EONSIDERATION OF OVERRIDING TAX; EXEMPTIONS
ON GOODS IN TRANSIT AS ESTABLISHED BY SJRII AND RECENT PROPOSITION S
~5'!'!MA'1'EU LENG'I'!I Ul~ t'lti:SL•;N'I'n'!'IUN:
11~ !'i;1ZSUNNEL Mn'1'l'L'1Z: NAML' Ul~ EMl'LUYL:L:
NAME UI~ ['L;lZSUN /1UUl~ESS1Nt; 'fii~ CUUIZ'I':
'l'1hiL I~UIZ SUljMI'!"l'1NG '1'IIIS !Z[st1ULS't' I~UIZ CUU[t'1' 't'U ASSUlZE '1'11A"t' 't'III; MA'!'1'Is'!Z !S
!'pS'!'EU 1N I1000lZllANCE Wl't'tl Alt'1'1CLE G252-I'7 IS AS I~ULLUWS:
:: ML'El'1NG5 1lELU ON SECUNU htUNUAY: 12:UU 1'.ht. i'IZi:VIUUS WLUNisSUAY
::" ~'MEtsl'1NGS 11L'Lll ON 'I'tlU:iZSUAYS: S:UU !'.M. I'RGVIUUS '1'ItUItSUAY.
11' I'1tL[~LlU1ifL ~, /1GENUA iti:QUES'1'S MAY UE MnUL vN Url~1cE s'cA'I'1UNL'lZY WCCtI '1'l1L'
AUUVE 1NI~UltIv1A"1'!UN 11'1"1'ACl1EU.
'1'U1S KEQUES'1' !ZL•;CEIVEU I3Y: '
'1'11IS IZL;t1UES'I' IZL'CL'IVLsU UN: e A.M. P.M.
ALL AUGNUA IZL;QUI;S'1'S WILL UL SCIZEENI~U (3Y '1'llE CUUN'1'Y JUUGL:'S OhI~ICIs 'CO UI's-
'1'EIZMINL: !h nUL:QUA'1'E 1Nl~UItMA'fIUN iln5 UEEN 1'REl'AItI:U hUtZ '1'ltt; CUUIZ'1''S l~UltMnl
CONSIUL•'IZl1'1'lUN ANU ACI'lUN n'1' '1'1h1L' Ol~ C:UUIt'i' ML:LI'1Nt;S. YOUR COOPIaiAI'IUN
WILL 13L' APYRECIA'I'EU ANU CON'I'ILtE3U'I'E 'I'UWAItUS YUUlZ 1ZL:(~UI'sS"[' L3EING' AUUItESSEU
A'l' '1'llt; 1;AIZLIGST UPE'Ult'1'UNI'1'Y.
~~ ~'! ~[~'~ i ~~~~~ I'1i fi~ i,iTnl~,~~~ -~ 1 ~'~ .,`' ,' 11 ~ ~' I~~~> ~~3~{~~ ~ ~~; ~g~ll;. • ~~ ~~1~ ~~~~C~~`mI~~K~`,!i :~'~~li~ 7 ~~ ~'f? '~'i~~~,
t~
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E ;~ .
t.~
~?•~ ~i.,,(,)~. a, ~ i!s! 1.}~:GISLAT['KE-ItF;(;t11.Al !;E;S4I()N ~ I l%l~I't~~r.i}~ (:Ct S'il
t;	shell Ge uAPC~ /'i»• pnrlius•-r: prnririerl lrlj ,G~•ltt~rt ~9 c• o/• llr,,~ arlir•le, k?Ui~ ~ttilltn:t :,,~'	
~l~•r~Il~~~~ ~'
~i
`
)
i	tho,tie br,ttrl.4:'hctll I» t~serl fru~]nrrlin.~es j„n+fclrrl btl,~r•r'finri ~9 d 1 of flrts rrr!irlr, cn,rj	i;t
;
~
as follu« s;
	$~0 milliozz of those bonds shall be used Jor /land corch•ol as !n•uvi~ferl by trey.	
	(b) The Te.ras INatcr Drrrlupment llnm~d »zay tzsc the proc•crds o1 Te.rns x•rrler	Sec. 1. (a) Taeatic
	deeelop»zetit bonds issued for the purposes provided by Seeliozr ¢9-c oJtlzis article fi"'	(b) All real property
~	the additional purpose of providing financial assistanrc, o~z te~rna and cvr:dcaiozzs	re aired or
q pernritte~
`'	proznded by lax, to various political szcbdivisiozzs and hodics politic and rnrporatr of	corporations
other that
~
~~	the state and to nonprofit water supply corporations to provide for acquisition,	,
ascertained as may be
	improvement, extension, or constructiozz of water supply projects that involve the	
`	distribution of water to points of delivery to wholesale or retail customers.	(c) The Legislature r
~'~	(c) The legislature may require review and approval of the issuance of tine boards,	impose occupation taxc
	the use of the bond proceeds, or the rules adopted by an agency to govern izse of the	municipal, doing any t;
~'	bond proceeds. Notwithstanding any other provision of this constitution, any entity	persons and corporatior
R	created or directed to conduct this review and approval may include members or	and agricultural pursui
,	appointees ojmeinbers of the executive, legislative, and judicial departments of state	(d) The Legislature I
~
;~	government.	goods not held or used
~~	(d) Except as specifcally provided by Subsection (e) of this section, the Texas Water	for the production of
;~•	Development Board shall issue the additional bonds authorized by this section for the	valorem taxation:
f
~	terms, in the denominations, form, and installments, on the conditions, and subject
to the limitations provided by Sections 49-e and h9-d-1 of this article and by laws	
(1) all or part of
"

~;-	adopted by the legislature implementing this section.	personal property h.
forced sale for debt

C .	
(e) The legislature may provide by law for subsidized loans and grants from the	;
	proceeds of bonds authorized by this section to provide wholesale and retail water and	(2) subject to Subs
`~	wastewater facilities to economically distressed areas of the state, as defined by laic,	except structures whi
~~:	provided, the principal amount of bonds that may be issued for the purposes zcztder	dwellings and except
:<.
~: ,	
this subsection may not exceed 20 percent of the total amount of bonds authorized by	
(e) The governing boc
t ~•
~	this section. Separate accounts shall be established in the water development fund for	
property exempt under
;
'	administering the proceeds of bonds issued for urposes under this subsection., and an
interest and sinking fund separate from ana~not subject to the limitations of the	section and not exempt
	interest and sinking fund created pursuant to Section ,¢9-c for other Texas iuater	(~ [(~J The oeeupati~
	development bonds is established in the State Treasury to be used for paying the
principal of and interest on bonds for the purposes of this subsection. While any of	or corporations pursuing
levied by the State for t
	the bonds authorized for the purposes ojthis subsection or any ojthe interest on those	SECTION 2
Article
	bonds is outstanding and unpaid, there is appropriated out ojthe first money coming
into the State Treasury in each focal year, not vtheriuise appropi7ated by this	.
~ read as follows:
	constitution, and amount that is sufficient to pay the principal of and interest on	Sec. 1 j. (a) To pro
	those bonds issued for the purposes under this subsection that mature or become due	chandise, other tangible
'~	during that fiscal year.	other petroleum produc
	(~ Subsections (c) through (e) of Section /9-d-,2 of this article apply to the bonds	(I) the property is a
~~	authorized by this section.	this State, whether or
"`	SECTION 2. This proposed constitutional amendment shall be submitted to the voters	formed or the destina
~p	at an election to be held on November 7, 1989. The ballot shall be printed to provide for	property is acquired ~
	voting for or against the proposition: "The constitutional amendment to authorize the
nce of an additional $500 million of Texas water development bonds for water
u
i	
~ (~) the property is a
	ss
a
supply, water quality, and flood control purposes."	processing, or fabrics
property; and
"'	Adopted by the Senate on April 11, 1989, by the following vote: Yeas 30, Nays 0.
Adopted by the House on May 25, 1989, by the following vote: Yeas 137, Nays 2,	(3) the property is t
~'	one pres~nt not voting.	the date the person ac
,	Filed with the Secretary of State, May 31, 1989.	(b) Tangible personal
		section is subject to the,
`		4 (I) A county, comm
		municipality, includir
	S.J.R. No. 11	if the governing:body c
		:: college district, or mu.i
	SENATE JOINT RESOI,II`I'ION	c in the manner provie
	proposing a constitutional amendment to authorize the exemption from ad valorem	(2) Any official attic
[	taxation certain personal property temporarily in the state for certain purposes.	1990. If ojf:cial action
(
,: ~ ~	Be it resolved by the Legislature of the State oJ' Zi:ras:	such property is taxai;
action to tax such exem
s:	A-2	
t SF.;;SION	pltUpOSF:I) {a:+".VSTITUTIf)NA1. AMF:N1)Mf:NTS S..T.R. 11, § 2
nillioiz of
rr.rticle
and	SECTION 1. That Article VIII, Section 1, of the Texas Constitution is amended to read
,
led by law.	as follows:
Texas mater	Sec. I. (a- Taxation shall be equal and uniform.
s article for
i conditions	(b) All real property and t<ngible personal propr~rly in this Sr<zte, unless exempt as

corporate of	required or pe,-~rtitted by this Conslituliun, whether owned by natural persons or

ncquzsition	corporations, other than municipal, shall be taxed in proportion to its value, which shall be
,
involve the	ascertained as may be provided by law.
rs.	(c) The Legislature may provide for the taxation of intangible property and may also
f the bonds,	impose occupation taxes, both upon natural persons and upon corporations, other than
n use of the	municipal, doing any business in this State. It may also tax incomes of both natural
+, nny entity	persons and corporations other than municipal, except that persons engaged in mechanical
members or	and agricultural pursuits shall never be required to pay an occupation tax.
eats of state	(d) The Legislature by general law shall exempt from ad valorem taxation household
	goods not held or used for the production of income and personal effects not held or used
Texas Water	for the production of income. The Legislature by general law may exempt from ad
•ction for the	valorem taxation:
and subject
and by laws	(I) all or art of the ersonal ro ert homestead of a famil or sin le adult
o
s
a
n
h
	~~ ersonal r
ert home
tead" me
ni
t
at ersonal ro rt exem t b ~aw from
P P P Y g P P Pe Y P Y
,zts from the	forced sale for debt; and
it water and	(2) subject to Subsection (e) of this section, all other tangible personal property,
fined by law,	except structures which are personal property and are used or occupied as residential
+-poses under	dwellings and except property held or used for the production of income.
-uthorized 6y
lent fund for	(e) The governing body of a political subdivision may provide for the taxation of all

'lion
and an	property exempt under a law adopted under Subdivision (2) of Subsection (d) of this
,
itions of the	section and not exempt from ad valorem taxation by any other law.
Texas water	(n [(#d] The occupation tax levied by any county, city or town for any year on persons
paying the	or corporations pursaing any profession or business, shall not exceed one half of the tax
iile any of
•
t
th	levied by the State for the same period on such 1rroG•ssion or business.
res
ose
on
i
c	SECTION 2. Article VIII of the Texas Constitution is amended by adding Section 1 j
ng
oney com
ated by this	to read as follows:
d interest on	Sec. 1 j. (a) To promote ecmtoz»ic dcvrlop»,cnf. i» Ilze Slafc, goods, zvares, mer-
r become due	chan.dise, other tangible personal property, rnzd ores, r,tlzcr than oil, natural gas, and
	other petroleum products, are exempt front ad z~nloz•em taxation if.•
to the bonds	(1) the property is acquired in. or inzporlyd izrfo N,is State. to be forrz~arded outside
	tJzis Sfatc, ~,~hcNier or not fhc i~zfe,rlio„ fn fnr~cnrd Ilu~ pru),erty outside this State is
to the voters	formed or the, destination. to tohiclt the property is fr~rwarded is specified when the
to provide for	property is acquired in or imported into Nils .Stnlr';
authorize the
ds for water	
(2) the property is detained in this .Slate fi,r nsse»zblizzg, storing, mazzufacluring,
	processing, or fabricating purposes by the person tvho acquired or imported the
30, Nays 0.	Property; and
137, Nays 2,	(?) fire property is transporh~d nut,eirlc n/•fhis ,S1nlc not la.fer than li5 days after
	the date the person acquired or imported the prnl,crly in Nzis State.
	(b) Tangible personal property exempted from tna•ation in Subsection (a) of this
	section is subject to the following:
	{1) A county, commo», m• i~zdepcndr»I sr•l,aol rlish•icl, jrvtior college districf, or
•	municipality, including ahome-rule city, may tn:r such properfy ofhe~•wise exempt,
	if the governing body of the county, co~nnto~a, nr independent srhool district, junior
	college district, or municipality tnkes nfTcinl action ns provided in this secti.o~t and
	in the nta~tner provided by la-u to pror~irlr foz- the tn:ralion of such property.
n ad valorem	(2) Any official action to tax such e:re,»pt propcrtt! mast lie taken before April 1,
poses.	1990. If official action is taken to tax such ea~cmpt property before January 1, 1990,
	such property is taxable effective for the tax year 1990. However, if such official
	action to tax such exempt properly is token. p,hor fn April 1, 19.90, but after January
	A-3
q
.	S..T.R. II, ~ ~ 71st LEGIST.ATURE-REGULAR SESSION	PROPOSED COP
~	1, 1990, the offcial action shall not becoaue. rffrctivr to tax such prnpct•tl! until the
1991 tax year.	(n 7ltis sttbscc(~
	
(3) Any of the above-named political subdivisions shall have the authority to	Harris, and Web
	
exempt from. payment of taxation suck property located in such above-named
olitical subdivisions or the toxin
p j g year 1.98.9, !f a governing body exempts the	January 1, 199D,

of this subsection
'

•	
property from 1989 taxes, the governing body shall waive 1.989 taxes already
imposed and refund 1989 taxes already paid on such property for that year	vo
ling on the grec
office of County.',
	.
(¢) The governing body of a county, common, or independent school district,	duties, and funets
designated by the
	junior college district, or municipality that acts under Subdivision (2) of Subsection
(b) of this section to tax the property otherwise exempt by Subsection (a) of this	and the Commiss
	
section may subsequently exempt the propery! from taxation by rescinding its	considers appropt
	
action to lax the property. The exemption. applic:c to enclt tax year that, begins after	SECTION 2. Tt
	
the date the action is taken and applies to the lax
year lit which the action is taken	at an election to he

`	,
if the governing body so provides. A governing body lltat rescinds its action to tax	voting for or again
'	the property may not take action to tax such property a•Ji;er the rescission,	of county surveyor
	(c) For purposes of this section.•	Adopted by the
-	(1) tangible personal properly shall include aircraft and aircraft parts;	that the Sens
'	(.2) property imported into this State shall include property brought into this	vote: Yeas 2
	State;	by the follow
	(3) property forwarded outside Ibis State shat! include property transported	Filed with the Ser
	outside this State or to be affixed to an aircraft to be h•ansported outside this Stale;	
	and	
~`	(1) property detained in this State for assembling, storing, manicfaclurinq, ~ro-	
~:	cessing, or abricatin u aces shall include n•o x•rlr, aircra or aircra ?` ,arts
f g p 'p 1 1 1 .Ii'. J 1	
	brought 'into this State or acquired in this Slate and used Gy the person u~ho	
	acquired the property, aircraft, or aircraft parts in or who brought the property,	
~	aircraft, or atreraft parts into this State for the purpose of repair or maintenance	
	ojaircraft operated by a certircated air carrier.	proposing a constiti
	SECTION 3. This proposed constitutional amendment shall be submitted to the voters	bonds for acquiring,
	at an election to be held on November 7, 1989. The ballot shall be printed to provide for	Institutions, statewi~
	voting for or against the proposition: "The constitutional amendment
romotin
econ
i	tion institutions.
	p
g
om
c
growth, job creation, and fair tax treatment for Texans wh~~ export goods to other states	Be it resolved by

'	and nations by restoring and allowing, on a loc•,rl option basis, :ur :ul valorern tax	
	exemption for certain personal property that is in Texas only temporarily for the purpose	SECTION 1. Art
~_	of assembling, storing, manufacturing, processing, or fabricating."	Subsection (c) to rea
	Adopted by the Senate on March 16, 1989, by the following vote: Yeas 27, Nays 2; May	(cXl) The legislal
'~~	25, 1989, Senate refused to concur in House amendment and requested appoint-	obligation bonds, i.
~~~
'	ment of Conference Committee; May 26, 1989, House granted request of the	section, and use the
~,
,	Senate; May 27, 1989, Senate adopted Conference Committee Report by the	new corrections in.
~'	following vote: Yeas 28, Nays 2. Adopted by the House, with amendment, on May	youth corrections its
~•`	15, 1989, by the tollowing vote: Yeas 140, Nays 0, one present not voting; May 26,	repair or renovatio;
t	1989, House granted request of the Senaie (or appointment of Conference Commit•	(2) The provisic

~	tee; May 29, 1989, House adopted Conference CorTrrnittee Report by the following	
approval of bonds
	vote: Yeas 143, Nays 2, two present not voting.	
status of•lhc bond
	Filed with the Secrets of State, June 6, 1989.
ry	the principal and
		this stcbseclion.
t; ,
,~ , SECTION 2. This
~ to be held November
S.J.R. No. 1G against the proposit
(~ general.obligation boi
;:r SENATE JOINT ItF;SOLIJ'1'1nN corrections institution
4:.
proposing a constitutional amendment to abolish the ol'fi<r rif county surveyor in certain expansion of statewic
.~ ~ counties. Adopted by the Ser
Be it resolved by the Legislature of the State of Tr:rns, that the SenatE
vote: Yeas 2E
' SECTION 1. Article XVI, Section 44, of the Tex:rs Constrtutron rs amended by addi"R by the followin<
Subsection (f) to read as follows:
A-4 Filed with the SecrE

Kerr Cnentrttl .~p~rtti~ttl 39t~#rir#
CHIEF APPRAISER
Jwnita R. Maples. RPA. CTA
November 27, 1989
Honorable Danny Edwards
and Commissioners' Court
County Courthouse
Kerrville, Texas 78026
PPRg7
~O
r,t , ~
U ~n
A
d`~-rte, ~.~y
RE: Proposition 5 (Freeport Exemption)
Dear Judge Edwards:
NOV 2, ~' R~C'O
MEMBERS OF THE BOARD
Mike Baumann. Clwirman
Ed Lange, Sccrctary
Maurice McAshan
!alias R. NcunMNler
Ctwrlcs W~dfmucllcr
Please indicate below any action taken by you prior to
January 1, 1990 pursuant of Proposition 5 (Freeport
Exemption), continuing taxation of "certain goods, wares,
ores, and other tangible personal property that is forwarded
out of this state within 175 days of its acquisition or
importation into this state".
If you have any questions, do not hesitate to contact this
off ice.
cerely,
uan Maples, RPA, CTA
Chief Appraiser
JRM/ec
*~~~~**->f~->f~~~~~~~~f~f~~~f*~r~x~r***~*~~r~r~r>t~+->t~t~~r->t*~~~f~~**~***~**~~->F
No action taken regarding the Freeport Exemption
(Proposition S)
_~ Resolution adopted regarding thn Proposition 5
(Freeport Exemption) on ~~~~.___ day of ~r~lt+•`~/
19
Signatu a Ir~tr C~.,,~dy 'fvdtl~ Date

120 W, Winer St.. P.(1. B~~x IRRt, Krrr~illc. "I'rsas 7RI)?4 IRRS
rSi~r H4/.-Jdfli
AN ORDER PROVIDING FOR THE TAXATION OF PROPERTY EXEMPT UNDER
ARTICLE V111. SECTION 1-j TEXAS CONSTITUTION BEGINNING WITH THE
1990 TAX YEAR: AND RATIFYING PREVIOUS ORDER NO 19238
WHEREAS: The Commissioners' Court of Kerr County finds that the
taxation of certain goods, wares, ores, and other tangible
personal property that is forwarded out of this state
within 175 days of its acquisition or importation into this
state is in the public interest,
NOW THEREFORE: It is ORDERED by the Commissioners' Court of Kerr County,
Texas:
SECTION 1: All of that property described in Texas
Constitution, Article VIII, Sec. 1-j, shall be fully taxable in
Kerr County beginning January 1, 1990.
SECTION 2: All orders and parts of orders in conflict with
this Order are hereby repealed to the extent of the conflict,
and Order No. 19238 passed November 27, 1989 is hereby
ratified.
SECTION 3: This Order shall take effect immediately from and
after its passage.
PASSED AND APPROVED this / ~' day of ,d~c~.~~+~" 19~.
NOUN JUDGE
Danny R. Edwards
ORDER ND• 19238
E S~ 11 ~ P~~51'~~LDN 5
D
~10N `~ ~~ 21, 1989
Noveml~
663
Vol. R, Pg'