§ 21-10. Tax imposed on goods in transit.

(a)

Definitions:

(1)

Dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, and iretail manufactured housing inventory have the meanings assigned by Subchapter B, Chapter 23 of the Texas Tax Code.

(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.

(3)

Location means a physical address.

(4)

Petroleum product means a liquid or gaseous material that is an immediate derivative of the refining of oil or natural gas.

(5)

Bailee and warehouse have the meanings assigned by Section 7.102, Business and 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.

(b)

Tax imposed. The city hereby imposes a tax on "goods in transit", as provided by Texas Tax Code § 11.253(j), and not exempt from taxation by any other law.

(Ord. No. 2007-63, § 2, 11-20-07; Ord. No. 2011-55, §§ 2, 3, 10-18-11)