HomeMy WebLinkAboutItem 10 - Tax Goods in TransitITEM '
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: OCTOBER 18, 2011
SUBJECT: CONDUCT A PUBLIC HEARING AND CONSIDER AN
ORDINANCE TO TAX GOODS IN TRANSIT PER SENATE BILL 1
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing relative to the Goods In
Transport tax exemption and adopt the ordinance to tax "goods in transit" as designated by
Senate Bill 1. The present and future impact to the general fund revenue could be
substantially impacted if the exemption were granted. If the Council passes the attached
"opt -out" ordinance, the stated "goods in transit" will remain subject to taxation unless the
City Council wishes to rescind the action at a future date or unless future state legislation
requires additional action.
BACKGROUND:
The existing Freeport tax exemption for goods in transit has been in effect since 1990. This
exemption allows Freeport goods that leave the state within 175 days to be exempt from
property taxation. Grapevine has adopted this exemption.
Senate Bill 1, a bill to expand the Freeport exemption for goods in transit, was approved in
the 2011 session of the Legislature. This exemption allows goods to be exempt if they are
shipped to another location either inside or outside the state within 175 days and are kept
in a facility not owned by the owner of the goods. The bill provides that a taxing entity can
opt out of the exemption by taking positive action between October 1, 2011 and December
31, 2011 to tax the applicable goods.
In order to consider the opt out ordinance, the taxing entity must hold a public hearing prior
to adoption of the ordinance. If no action is taken prior to January 1, 2012, the additional
exemption designated by Senate Bill 1 goes into effect. Action to tax goods in transit as
outlined in Senate Bill 1 does not affect existing Freeport exemptions authorized by
Grapevine.
Attached is a letter and report from Tarrant County Appraisal District advising the City of
the particulars of Senate Bill 1 and a report estimating the additional taxable value loss to
the City if Senate Bill 1 exemptions go into effect. Grapevine is estimated to lose
$33,163,053 in Tarrant County and $791,702 from Dallas Countyfor a total estimated loss
of $33,954,755. Denton County showed no estimated loss. This loss could increase if in
the future, goods are moved to rented facilities to claim them as goods in transit and to
avoid property tax on those goods. At the 2011/2012 tax rate of .3480 this would amount
to a property tax revenue loss of $118,162.
Mr. Bruno Rumbelow
City Manager
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Dear Mr. Rumbelow:
Jeff Law
Executive Director
Chief Appraiser
August 22, 2011
The 82nd Session of the Texas Legislature adjourned on June 30, 2011. Senate Bill 1 was
passed and amended the Property Tax Code as it concerns the goods in transit exemption. This
exemption was previously enacted by the Legislature in 2007. The following excerpt from the
bill shows the changes:
(2) "Goods -in- transit" means tangible personal property that:
(A) is acquired in or imported into this state to be forwarded to another location in this
state or outside this state;
(B) is stored under a contract of bailment by a public warehouse operator at one or more
public warehouse facilities in this state that are not in any way owned or controlled by the
owner of the personal property for the account of the person who acquired or imported
the property;
(C) is transported to another location in this state or outside this state not later than 175
days after the date the person acquired the property in or imported the property into this
state; and
(D) does not include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle
inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment
inventory, or retail manufactured housing inventory.
(5) `Bailee" and "warehouse" have the meanings assigned by Section 7.102, Business &
Commerce Code.
(6) "Public warehouse operator" means a person that:
(A) is both a bailee and a warehouse; and
(B) stores under a contract of bailment, at one or more public warehouse facilities,
tangible personal property that is owned by other persons solely for the account of those
persons and not for the operator's account.
Letter to Taxing Units
August 22, 2011
Page 2
This bill modifies BB 621 from the 2007 Legislative Session to further limit the
exemption by making it only applicable to goods that are stored in a public warehouse facility
which is not owned by the person who owns the goods.
If a taxing unit wishes to tax these goods, rather than exempt them, the amendment to the
law requires the taxing unit to take action and vote in order to "opt out" of exempting the goods
in transit. The vote and decision to tax the goods in transit, for the 2012 tax year, must be taken
after September 30, 2011 but before December 31, 2011. If a taxing unit decides to take no
action the inventory assets will be exempt for the 2012 tax year. If, in a subsLquent year, the unit
decides to reverse its previous decision, any action to reverse must be made before January 1St of
the tax year the taxing unit proposes to tax or exempt the goods -in- transit.
The governing body of the taxing unit must conduct a public hearing if it chooses to tax
these goods. If the taxing unit already provides for the taxation of the goods -in- transit, as
provided by this bill, the exemption prescribed does not apply to that unit. The goods -in- transit
remain subject to taxation by the taxing unit until the governing body of the taxing unit, in the
mamer required for official action, rescinds or repeals its previous action to tax goods -in- transit,
or otherwise determines that the exemption will apply to that taxing unit.
Remember, if you choose to tax these goods, you must act before December 31, 2011.
This includes allotting enough time to conduct the required public hearing. I am providing this
letter to help your agency make an informed decision on this exemption. The Tarrant Appraisal
District has no position on this issue and will administer the exemption according to your wishes.
Please inform Tarrant Appraisal District of any action taken. If you have any questions feel free
to contact me.
Sincerely,
Je Law
xecutive Director
Chief Appraiser
JL:mm CE) -7) 21t� -o�� 4-
N4
Goods in Transit Possible Loss in Addition\tor Freeport Loss
V
Exempt Freeport Goods in Transit
Inventory Potential Loss Total Potential Loss
Dallas County $4,333,380,886 $574,927,017 $4,908,307,903
School Districts
Carrollton Farmers Branch
Cities
$23,527,012
$558,013,690
Addison
$0
$55,284
$55,284
Balch Springs
$1,209,459
$0
$1,209,459
Carrollton
$255,735,647
$20,366,573
$276,102,220
Cedar Hill
$4,509,186
$249,020
$4,758,206
Cockrell Hill
$0
$0
$0
Combine
$0
$0
$0
Coppell
$258,218,740
$15,041,593
$273,260,333
Dallas
$1,202,715,061
$163,389,282
$1,366,104,343
Desoto
$0
$144,413
$144,413
Duncanville
$0
$0
$0
Farmers Branch
$169,024,461
$19,768,784
$188,793,245
Ferris
$0
$0
$0
Garland
$345,346,456
$38,311,700
$383,658,156
Glen Heights
$0
$0
$0
Grand Prairie
$190,156,791
$42,954,958
$233,111,749
Grapevine
$54,485,267
$791,702,
$55,276,969
Highland Park
$0
$233,072
$233,072
Hutchins
$21,642,177
$446,819
$22,088,996
Irving
$0
$7,487,543
$7,487,543
Lancaster
$24,927,975
$0
$24,927,975
Lewisville
$0
$0
$0
Mesquite
$88,151,396
$29,236,386
$117,387,782
Ovilla
$0
$0
$0
Richardson
$0
$3,087,780
$3,087,780
Rowlett
$858,689
$0
$858,689
Sachse
$0
$0
$0
Seagoville
$1,200,304
$0
$1,200,304
Sunnyvale
$82,514,920
$6,813,475
$89,328,395
University Park
$0
$162,766
$162,766
Wilmer
$7,188,996
$0
$7,188,996
Wylie
$0
$0
$0
School Districts
Carrollton Farmers Branch
$534,486,678
$23,527,012
$558,013,690
Cedar Hill ISD
$4,509,186
$249,020
$4,758,206
CoppeillSD
$374,818,462
$16,708,755
$391,527,217
Dallas ISD
$1,231,408,933
$198,897,420
$1,430,306,353
Desoto ISD
$0
$43,401
$43,401
Duncanville
$80,857,262
$181,330
$81,038,592
Ferris ISD
$0
$0
$0
GOODS IN TRANSIT POTENTIAL LOSS
EXEMPT FREEPORT
GOODS IN TRANSIT
INVENTORY
POTENTIAL LOSS
TOTAL POTENTIAL LOSS
DENTON COUNTY
$ 1,374,967,941.00
$ 952,702,351.00
$ 2,327,670,292.00
CITIES
CITY OF AUBREY
0.00
0.00
0.00
CITY OF CARROLLTON
$ 87,507,949.00
$ 98,165,388.00
$ 185,673,337.00
CITY OF THE COLONY
$ 8,552,656.00
$ 21,630,543.00
$ 30,183,199.00
CITY OF CORINTH
$ 1,817,543.00
$ 13,228,111.00
$ 15,045,654.00
CITY OF DENTON
$ 156,644,329.00
$ 177,809,282.00
$ 334,453,611.00
TOWN OF FLOWER MOUND
$ 142,207,006.00
$ 59,674,157.00
$ 201,881,163.00
CITY OF HIGHLAND VILLAGE
0.00
0.00
0.00
CITY OF JUSTIN
0.00
$ 706,775.00
$ 706,775.00
CITY OF KRUM
0.00
0.00
0.00
CITY OF LAKE DALLAS
0.00
$ 1,627,101.00
$ 1,627,101.00
CITY OFLEWISVILLE
$ 410,344,439.00
$ 137,277,839.00
$ 547,622,278.00
TOWN OF LITTLE ELM
$ 380,522.DO
$ 102,374.00
$ 482,896.00
CITY OF PILOT POINT
0.00
0.00
0.00
TOWN OF PONDER
$ 118,18100
$ 730,977.00
$ 849,159.00
CITY OF SANGER
$ 12,407,179.00
$ 39,862,776.00
$ 52,269,955.00
CITY OFROANOKE
$ 298,115,236.00
$ 354,387,119.00
$ 652,502,3S5.00
CITY OF KRUGERVILLE
0.00
0.00
0.00
CITY OF HICKORY CREEK
0.00
0.00
0.00
CITY OF DALLAS
0.00
0.00
O.OD
CITY OF COPPELL
0.00
0.00
0.00
CITY OF HACKBERRY
0.00
0.00
0.00
CITY OF OAK POINT
0.00
0.00
0.00
TOWN OF LAKEWOOD VILLAGE
0.00
0.00
0.00
TOWN OF ARGYLE
0.00
0.00
0.00
TOWN OF COPPER CANYON
0.00
0.00
0.00
TOWN OF TROPHY CLUB
0.00
0.00
0.00
CITY OF PLANO
0.00
0.00
0.00
TOWN OF DOUBLE OAK
0.00
0.00
0.00
TOWN OF BARTONVILLE
0.00
0.00
0.00
CITY OF FRISCO
0.00
0.00
0.00
TOWN OF NORTHLAKE
$ 4,752,525.00
$ 8,087,774.00
$ 12,840,299.00
TOWN OF SHADY SHORES
0.00
0.00
0.00
CITY OF FORT WORTH
$ 247,107,621.00
$ 40,109,943.00
$ 287,217,564.00
CITY OF SOUTHLAKE
0.00
0.00
MOD
CITY OF HASLET
0.00
0.00
0.00
,CITY OF GRAPEVINE
0.00
0.00
0.00
TOWN OF DISH
0.00
0.00
0.00
TOWN OF WESTLAKE
0.00
0.00
0.00
CITY OF CORRAL CITY
0.00
0.00
0.00
TOWN OF PROSPER
0.00
0.00
0.00
CITY OF CELINA
0.00
0.00
0.00
SCHOOL DISTRICTS
ARGYLE ISO
$ 654,546.00
$ 1,105,395.00
$ 1,759,941.00
AUBREY ISD
0.00
0.00
0.00
CARROLLTON -FB ISD
$ 26,408,663.00
$ 31,501,073.D0
$ 57,909,736.00
CELINA ISD
0.00
0.00
0.00
DENTON ISD
$ 158,800,271.00
$ 177,873,546.00
$ 336,673,817.00
FRISCO ISD
0.00
0.00
0.00
KRUM ISD
0.00
$ 3,110,242.00
$ 3,110,242.00
LAKE DALLAS ISD
0.00
$ 1,627,101.00
$ 1,627,101.00
LEWISVILLE ISO
$ 622,203,387.00
$ 285,246,854.00
$ 907,450,241.00
LITTLE ELM ISO
0.00
0.00
0.00
NORTHWEST ISD
$ 550,563,919.OD
$ 402,742,700.00
$ 953,306,519.00
PILOT POINT ISD
0.00
0.00
0.00
PONDER ISD
0.00
0.00
0.00
SANGER ISO
0.00
0.00
0.00
ERA ISD
0.00
0.00
0.00
SLIDELL ISD
0.00
0.00
0.00
PROSPER ISO
0.00
0.00
0.00
SPECIAL DISTRICTS
DENTON CO EMERGENCY SERVICE DIST #1
$ 5,407,071.00
$ 9,193,169.00
$ 14,600,240.00
TROPHY CLUB PID #1 EMERGENCY SERVICE
0.00
0.00
0.00
DENTON CO LEVY IMP DIST
$ 166,424.00
$ 590,048.00
$ 756,472.00
DENTON CO RUD
$ 14,752.00
$ 722,861.00
$ 737,613.00
TROPHY CLUB MUD #1
0.00
0.001
0.00
CLEAR CREEK WATERSHED AUTH
0.00
0.001
0.00
ORDINANCE NO.p *°
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING THE CODE OF
ORDINANCES BYAMENDING CHAPTER 21 TAXATION, BY
AMENDING SECTION 21 -10 IMPOSING A TAX ON GOODS
IN TRANSIT; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, in November 2001, the Texas voters approved an amendment to the
Texas Constitution adding Article VIII, Section 1 -n, authorizing the Texas Legislature to
exempt from ad valorem taxation "goods in transit "; and
WHEREAS, the Texas Constitution, Article Vlll, Section 1 -n(d), allows a municipality
to tax "goods in transit" if the Texas Legislature authorizes an exemption; and
WHEREAS, the 82nd Texas Legislature enacted Senate Bill 1, to be codified at
Texas Tax Code section 11.253, exempting "goods in transit" from taxation but authorizing
municipalities to impose a tax on such goods following a public hearing; and
WHEREAS, the City Council has held a public hearing at which members of the
public were permitted to speak for or against the taxation of "goods in transit "; and
WHEREAS, the City Council has complied with all necessary laws and other
conditions precedent prior to enacting this ordinance; and
WHEREAS, the City Council wishes to amend Chapter 21, and deems such
amendments to be in the best interests of and necessary to protect the health, safety and
welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated herein above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That Chapter 21 Taxation of the Grapevine Code of Ordinances is
hereby amended by amending Subsection 21 -10 (a)(2)b. to read as follows:
"b. is stored under a contract of bailment by a public warehouse operator atone or
more public warehouse facilities in this state that are not in any way owned or
controlled by the owner of the personal property for the account of the person who
acquired or imported the property;"
Section 3. That Chapter 21 Taxation of the Grapevine Code of Ordinances is
hereby amended by the addition of subsections 21 -10 (a)(5) and 21 -10 (a)(6) to read as
follows:
"(5) "Bailee" and "warehouse" have the meanings assigned by Section 7.102,
Business and Commerce Code.
(6) "Public warehouse operator' means a person .
(A) is both a bailee and a warehouse; and
(B) stores under a contract of bailment, at one or more public warehouse
facilities tangible personal property that is owned by other persons solely for
the account of those persons and not for the operator's account."
Section 4. That the effective date for these amendments shall be the date of
passage by the City Council, and all customers shall be billed under the new rates for
usage commencing said date.
Section 5. That if any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto to any person or circumstance is held invalid
or unconstitutional by a court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 6. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the public creates an emergency which requires that this ordinance
become effective form and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL_ OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of October, 2011.
APPROVED:
ORD. NO. 2
ATTEST:
APPROVED AS TO FORM:
I IVall01