Sec. 23.12. INVENTORY. (a) Except as provided by Sections 23.121, 23.1241, 23.124, and 23.127, the market value of an inventory is the price for which it would sell as a unit to a purchaser who would continue the business. An inventory shall include residential real property which has never been occupied as a residence and is held for sale in the ordinary course of a trade or business, provided that the residential real property remains unoccupied, is not leased or rented, and produces no income.
(b) The chief appraiser shall establish procedures for the equitable and uniform appraisal of inventory for taxation. In conjunction with the establishment of the procedures, the chief appraiser shall:
(1) establish, publish, and adhere to one procedure for the determination of the quantity of property held in inventory without regard to the kind, nature, or character of the property comprising the inventory; and
(2) apply the same enforcement, verification, and audit procedures, techniques, and criteria to the discovery, physical examination, or quantification of all inventories without regard to the kind, nature, or character of the property comprising the inventory.
(c) In appraising an inventory, the chief appraiser shall use the information obtained pursuant to Subsection (b) of this section and shall apply generally accepted appraisal techniques in computing the market value as defined in Subsection (a) of this section.
(d) Subsections (b) and (c) of this section apply only to an inventory held for sale, lease, or rental.
(e) A person who owns an inventory to which Subsection (b) of this section applies may bring an action to enjoin the chief appraiser from certifying to a taxing unit any portion of the appraisal roll that lists an inventory for which the chief appraiser has not complied with the requirements of Subsection (b) of this section.
(f) The owner of an inventory other than a dealer's motor vehicle inventory as that term is defined by Section 23.121, a dealer's heavy equipment inventory as that term is defined by Section 23.1241, or a dealer's vessel and outboard motor inventory as that term is defined by Section 23.124, or a retail manufactured housing inventory as that term is defined by Section 23.127 may elect to have the inventory appraised at its market value as of September 1 of the year preceding the tax year to which the appraisal applies by filing an application with the chief appraiser requesting that the inventory be appraised as of September 1. The application must clearly describe the inventory to which it applies and be signed by the owner of the inventory. The application applies to the appraisal of the inventory in each tax year that begins after the next August 1 following the date the application is filed with the chief appraiser unless the owner of the inventory by written notice filed with the chief appraiser revokes the application or the ownership of the inventory changes. A notice revoking the application is effective for each tax year that begins after the next September following the date the notice of revocation is filed with the chief appraiser.
(g) Expired.
Acts 1979, 66th Leg., p. 2253, ch. 841, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1981, 67th Leg., 1st C.S., p. 137, ch. 13, Sec. 58, eff. Jan. 1, 1982; Acts 1987, 70th Leg., ch. 590, Sec. 1, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 796, Sec. 16, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 672, Sec. 1, 2, eff. Jan. 1, 1994; Acts 1995, 74th Leg., ch. 836, Sec. 1, 2, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 945, Sec. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 31.01(73), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1112, Sec. 1, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1184, Sec. 1, eff. Jan. 1, 1998.
Structure Texas Statutes
Subtitle D - Appraisal and Assessment
Chapter 23 - Appraisal Methods and Procedures
Subchapter B. Special Appraisal Provisions
Section 23.11. Governmental Action That Constitutes Taking
Section 23.121. Dealer's Motor Vehicle Inventory; Value
Section 23.1211. Temporary Production Aircraft; Value
Section 23.122. Prepayment of Taxes by Certain Taxpayers
Section 23.123. Declarations and Statements Confidential
Section 23.124. Dealer's Vessel and Outboard Motor Inventory; Value
Section 23.1241. Dealer's Heavy Equipment Inventory; Value
Section 23.1242. Prepayment of Taxes by Heavy Equipment Dealers
Section 23.1243. Refund of Prepayment of Taxes on Fleet Transaction
Section 23.125. Prepayment of Taxes by Certain Taxpayers
Section 23.126. Declarations and Statements Confidential
Section 23.127. Retail Manufactured Housing Inventory; Value
Section 23.128. Prepayment of Taxes by Manufactured Housing Retailers
Section 23.129. Waiver of Certain Penalties
Section 23.13. Taxable Leaseholds
Section 23.135. License to Occupy Dwelling Unit in Tax-Exempt Retirement Community
Section 23.14. Appraisal of Property Subject to Environmental Response Requirement
Section 23.15. Intangibles of an Insurance Company
Section 23.16. Intangibles of a Savings and Loan Association
Section 23.17. Mineral Interest Not Being Produced
Section 23.175. Oil or Gas Interest
Section 23.18. Property Owned by a Nonprofit Homeowners' Organization for the Benefit of Its Members
Section 23.20. Waiver of Special Appraisal
Section 23.21. Property Used to Provide Affordable Housing
Section 23.22. Land Use of Which Is Restricted by Governmental Entity
Section 23.23. Limitation on Appraised Value of Residence Homestead