77R14649 CBH-F                          
         By Armbrister                                         S.B. No. 1125
         Substitute the following for S.B. No. 1125:
         By McCall                                         C.S.S.B. No. 1125
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to technical changes to taxes and fees administered by the
 1-3     comptroller of public accounts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (k), Section 43.0751, Local Government
 1-6     Code, is amended to read as follows:
 1-7           (k)  A municipality that has annexed all or part of a
 1-8     district for limited purposes under this section may impose a
 1-9     [retail] sales and use tax within the boundaries of the part of the
1-10     district that is annexed for limited purposes.  Except to the
1-11     extent it is inconsistent with this section, Chapter 321, Tax Code,
1-12     governs the imposition, computation, administration, governance,
1-13     and abolition of the sales and use tax.
1-14           SECTION 2.  Subsection (b), Section 326.023, Local Government
1-15     Code, is amended to read as follows:
1-16           (b)  The petition must:
1-17                 (1)  include a name for the proposed district that
1-18     describes the location of the district followed by the words
1-19     "Library District";
1-20                 (2)  describe the boundaries of the proposed district
1-21     by:
1-22                       (A)  metes and bounds;
1-23                       (B)  lot and block number, if there is a recorded
1-24     map or plat and survey of the area; or
 2-1                       (C)  other sufficient legal description;
 2-2                 (3)  include the names of five persons who are willing
 2-3     and qualified to serve as the initial board of trustees of the
 2-4     district if elected at the election to create the district; and
 2-5                 (4)  include the rate of the sales and use tax that
 2-6     would be imposed by the board of the proposed district on approval
 2-7     of the district.
 2-8           SECTION 3.  Section 326.029, Local Government Code, is
 2-9     amended by amending Subsection (c) and adding Subsection (d) to
2-10     read as follows:
2-11           (c)  The order canvassing the results of the election must:
2-12                 (1)  contain a description of the district's boundaries
2-13     and a map of the district; [and]
2-14                 (2)  state the date of the election; and
2-15                 (3)  state the total number of votes cast for and
2-16     against the ballot proposition [be filed in the deed records of the
2-17     county in which the district is located].
2-18           (d)  The order issued by a commissioners court canvassing the
2-19     results of the election must be filed in the deed records of the
2-20     county in which the district is located.
2-21           SECTION 4.  Subchapter F, Chapter 363, Local Government Code,
2-22     is amended by adding Section 363.262 to read as follows:
2-23           Sec. 363.262.  EFFECTIVE DATE OF TAX CHANGE.  (a)  If less
2-24     than a majority of the votes cast in a continuation referendum are
2-25     for the continuation of the district or if a majority of the votes
2-26     cast in a dissolution referendum are for dissolution of the
2-27     district, the board shall notify the comptroller in writing of the
 3-1     results of the referendum not later than the 10th day after the
 3-2     date the referendum returns are canvassed.
 3-3           (b)  If the district is to be dissolved as a result of the
 3-4     referendum, the abolition of the local crime control sales and use
 3-5     tax takes effect on the first day of the first calendar quarter
 3-6     that occurs after the expiration of the first complete calendar
 3-7     quarter that occurs after the comptroller receives a notice of the
 3-8     results of the continuation or dissolution referendum.
 3-9           (c)  If the comptroller determines that an effective date
3-10     provided by Subsection (b) will occur before the comptroller can
3-11     reasonably take the action required to implement abolition of the
3-12     tax, the comptroller may extend the effective date until the final
3-13     day of the succeeding calendar quarter.
3-14           SECTION 5.  Section 378.004, Local Government Code, as added
3-15     by Chapter 305, Acts of the 76th Legislature, Regular Session,
3-16     1999, is amended to read as follows:
3-17           Sec. 378.004.  MUNICIPAL POWERS.  In addition to other powers
3-18     that a municipality may exercise, a municipality may:
3-19                 (1)  waive or adopt fees related to the construction of
3-20     buildings in the zone, including fees related to the inspection of
3-21     buildings and impact fees;
3-22                 (2)  enter into agreements, for a period of not more
3-23     than 10 years, for the purpose of benefiting the zone, for [sales
3-24     tax] refunds [or abatements] of municipal sales tax on sales made
3-25     in the zone;
3-26                 (3)  enter into agreements abating municipal property
3-27     taxes on property in the zone subject to the duration limits of
 4-1     Section 312.204, Tax Code; and
 4-2                 (4)  set baseline performance standards, such as the
 4-3     Energy Star Program as developed by the Department of Energy, to
 4-4     encourage the use of alternative building materials that address
 4-5     concerns relating to the environment or to the building costs,
 4-6     maintenance, or energy consumption.
 4-7           SECTION 6.  Section 383.104, Local Government Code, is
 4-8     amended by adding Subsection (c)  to read as follows:
 4-9           (c)  The district's sales and use tax is automatically
4-10     discontinued by operation of law if no tax revenue is collected
4-11     within the district before the first anniversary of the date the
4-12     tax took effect.  The comptroller shall notify the board and the
4-13     commissioners court of the county in which the district is located
4-14     of the discontinuance of the tax.  The district may authorize a new
4-15     sales and use tax by following the procedures provided by this
4-16     subchapter for imposition of the tax.
4-17           SECTION 7.  Subsection (a), Section 25.00212, Government
4-18     Code, is amended to read as follows:
4-19           (a)  At the end of each state fiscal year the comptroller
4-20     shall determine the amounts deposited in the judicial fund under
4-21     Section 51.704 [51.703] and the amounts paid to the counties under
4-22     Section 25.00211.  If the total amount paid under Section 51.704 by
4-23     all counties exceeds the total amount paid to counties under
4-24     Section 25.00211, the state shall remit the excess to the counties
4-25     proportionately based on the percentage of the total paid by each
4-26     county.
4-27           SECTION 8.  Subsection (b), Section 111.0081, Tax Code, is
 5-1     amended to read as follows:
 5-2           (b)  This section does not apply to a determination under
 5-3     Section 111.022 [151.506 of this code].
 5-4           SECTION 9.  Subsection (e), Section 111.301, Tax Code, is
 5-5     amended to read as follows:
 5-6           (e)  Application for the refund is to the comptroller.  The
 5-7     application must:
 5-8                 (1)  be made on the form prescribed by the comptroller;
 5-9                 (2)  have attached a tax receipt from the assessor and
5-10     collector of taxes for the school district showing full payment of
5-11     school district ad valorem taxes on the property for the tax year
5-12     for which the refund is sought; and
5-13                 (3)  include sufficient information for the comptroller
5-14     to determine the portion of the ad valorem taxes paid to a school
5-15     district by the person for the applicable tax year on the property
5-16     that the person would not have been required to pay if the school
5-17     district had entered into a tax abatement agreement concerning the
5-18     property that included the same terms, including terms governing
5-19     the portion of the property that is to be exempt from taxation
5-20     under the agreement, as specified by the [applicable] municipal or
5-21     county tax abatement agreement on which the refund amount is to be
5-22     based.
5-23           SECTION 10.  Section 111.302, Tax Code, is amended by
5-24     amending Subsections (b) and (c) and adding Subsection (d) to read
5-25     as follows:
5-26           (b)  Applications for refund must be filed before August 1 of
5-27     the year following the tax year for which the person applying has
 6-1     paid ad valorem taxes described by Section 111.301(a).  Within 90
 6-2     [60] days thereafter, the comptroller shall compute the total
 6-3     amount eligible for refund.
 6-4           (c)  If the total amount of eligible refunds claimed by all
 6-5     persons, as determined under Subsection (b), is less than $10
 6-6     million, the amount of a tax refund is equal to the ad valorem
 6-7     taxes paid to a school district by the person for the applicable
 6-8     tax year on the property that the person would not have been
 6-9     required to pay if the school district had entered into a tax
6-10     abatement agreement covering the property that included the same
6-11     terms, including terms governing the portion of the property that
6-12     is to be exempt from taxation under the agreement, as specified by
6-13     the [applicable] municipal or county tax abatement agreement on
6-14     which the refund amount is to be based.  If the total amount of
6-15     eligible refunds claimed by all persons, as determined under
6-16     Subsection (b), is greater than $10 million, the comptroller shall
6-17     reduce the amount of each refund as necessary to allow all
6-18     claimants to share proportionally the $10 million available.  The
6-19     amount by which a refund is reduced under this subsection may not
6-20     be included in a claim for a refund in a subsequent year.
6-21           (d)  If an eligible person has entered into tax abatement
6-22     agreements with the municipality and the county, and the agreements
6-23     provided to the comptroller show that the agreements exempt
6-24     different portions of property value, the refund amount shall be
6-25     computed based on the greater of the portions exempted.
6-26           SECTION 11.  Section 111.304, Tax Code, is amended to read as
6-27     follows:
 7-1           Sec. 111.304.  EVALUATION; ANNUAL REPORT.  Not later than
 7-2     [December 1, 1999, and] December 1 of each [subsequent] year, the
 7-3     comptroller shall submit an annual report to the legislature.  The
 7-4     report:
 7-5                 (1)  must document the applications for refunds filed
 7-6     with the comptroller under this subchapter;
 7-7                 (2)  must document the refunds paid by the comptroller
 7-8     under this chapter; and
 7-9                 (3)  [must contain relevant information obtained from
7-10     the Texas Department of Commerce, including information to
7-11     demonstrate the relationship between tax refunds under this
7-12     subchapter and the economy; and]
7-13                 [(4)]  may include any other relevant information that
7-14     the comptroller determines is applicable to this subchapter or to
7-15     Chapter 312.
7-16           SECTION 12.  Subsection (a), Section 151.007, Tax Code, is
7-17     amended to read as follows:
7-18           (a)  Except as provided by Subsections (c) and (d) [of this
7-19     section], "sales price" or "receipts" means the total amount for
7-20     which a taxable item is sold, leased, or rented, valued in money,
7-21     without a deduction for the cost of:
7-22                 (1)  the taxable item sold, leased, or rented;
7-23                 (2)  the materials used, labor or service employed,
7-24     interest, losses, or other expenses;
7-25                 (3)  the transportation or installation of tangible
7-26     personal property; or
7-27                 (4)  transportation incident to the performance of a
 8-1     taxable service.
 8-2           SECTION 13.  Section 151.010, Tax Code, is amended to read as
 8-3     follows:
 8-4           Sec. 151.010.  "TAXABLE ITEM."  "Taxable item" means tangible
 8-5     personal property and taxable services.  Except as otherwise
 8-6     provided by this chapter, the sale or use of a taxable item in
 8-7     electronic form instead of on physical media does not alter the
 8-8     item's tax status.
 8-9           SECTION 14.  Section 151.057, Tax Code, is amended to read as
8-10     follows:
8-11           Sec. 151.057.  SERVICES BY EMPLOYEES.  The following services
8-12     are not taxable under this chapter:
8-13                 (1)  a service performed by an employee for his
8-14     employer in the regular course of business, within the scope of the
8-15     employee's duties, and for which the employee is paid his regular
8-16     wages or salary;
8-17                 (2)  a service performed by an employee of a temporary
8-18     employment service as defined by Section 93.001, Labor Code, [a
8-19     temporary help service] for an employer to supplement the
8-20     employer's existing work force on a temporary basis, when the
8-21     service is normally performed by the employer's own employees, the
8-22     employer provides all supplies and equipment necessary, and the
8-23     help is under the direct or general supervision of the employer to
8-24     whom the help is furnished; or
8-25                 (3)  a service performed by assigned employees of a
8-26     staff leasing company, either licensed under Chapter 91, Labor
8-27     Code, or exempt from the licensing requirements of that chapter,
 9-1     for a client company under a written contract that provides for
 9-2     shared employment responsibilities between the staff leasing
 9-3     company and the client company for the assigned employees, most of
 9-4     whom must have been previously employed by the client company.  The
 9-5     comptroller shall prescribe by rule the minimum percentage of
 9-6     assigned employees that must have been previously employed by the
 9-7     client company, the minimum time period the assigned employees must
 9-8     have been employed by the client company prior to the commencement
 9-9     of its contract, and such other criteria as the comptroller may
9-10     deem necessary to properly implement this section.
9-11           SECTION 15.  Subsection (a), Section 151.155, Tax Code, is
9-12     amended to read as follows:
9-13           (a)  Except as provided by Section 151.3181 for property used
9-14     in manufacturing, if [If] a purchaser certifies in writing to a
9-15     seller that a taxable item sold, leased, or rented to the purchaser
9-16     will be used in a manner or for a purpose that qualifies the sale
9-17     of the item for an exemption from the taxes imposed by this
9-18     chapter, and if the purchaser then uses the item in some other
9-19     manner or for some other purpose, the purchaser is liable for the
9-20     payment of the sales tax on the value of the taxable item for any
9-21     period during which the item is used in the divergent manner or for
9-22     the divergent purpose.
9-23           SECTION 16.  Subsection (b), Section 151.257, Tax Code, is
9-24     amended to read as follows:
9-25           (b)  If the security filed by the person is a surety bond,
9-26     the comptroller shall send a copy of the determination to each
9-27     surety on the bond and shall demand payment from both the person
 10-1    filing the bond and each surety.  A surety's obligation under the
 10-2    bond is not affected by whether the surety has a record of the
 10-3    receipt of a copy of the comptroller's determination notice or
 10-4    payment demand.
 10-5          SECTION 17.  Subchapter H, Chapter 151, Tax Code, is amended
 10-6    by adding Section 151.3021 to read as follows:
 10-7          Sec. 151.3021.  PACKAGING SUPPLIES AND WRAPPING.  (a)  In
 10-8    this section:
 10-9                (1)  "Laundry or dry cleaner" does not include
10-10    coin-operated or other self-service garment cleaning facilities.
10-11                (2)  "Wrapping, packing, and packaging supplies" means
10-12    hangers, safety pins, pins, inventory tags, staples, boxes, paper
10-13    wrappers, and plastic bags.
10-14          (b)  Internal and external wrapping, packing, and packaging
10-15    supplies are exempted from the taxes imposed by this chapter if
10-16    sold to a person who is a laundry or dry cleaner for use in
10-17    wrapping, packing, or packaging an item that has been pressed and
10-18    dry cleaned or laundered by the person operating as a laundry or
10-19    dry cleaner in the regular course of business.
10-20          SECTION 18.  Subsection (a), Section 151.308, Tax Code, is
10-21    amended to read as follows:
10-22          (a)  The following are exempted from the taxes imposed by
10-23    this chapter:
10-24                (1)  oil as taxed by Chapter 202;
10-25                (2)  sulphur as taxed by Chapter 203;
10-26                (3)  motor fuels and special fuels as defined, taxed,
10-27    or exempted by Chapter 153;
 11-1                (4)  cement as taxed by Chapter 181;
 11-2                (5)  motor vehicles, trailers, and semitrailers as
 11-3    defined, taxed, or exempted by Chapter 152 [or 157], other than a
 11-4    mobile office as defined by Section 152.001(16);
 11-5                (6)  mixed beverages, ice, or nonalcoholic beverages
 11-6    and the preparation or service of these items if the receipts are
 11-7    taxable by Chapter 183 [202, Alcoholic Beverage Code];
 11-8                (7)  alcoholic beverages when sold to the holder of a
 11-9    private club registration permit or to the agent or employee of the
11-10    holder of a private club registration permit if the holder or agent
11-11    or employee is acting as the agent of the members of the club and
11-12    if the beverages are to be served on the premises of the club;
11-13                (8)  oil well service as taxed by Subchapter E, Chapter
11-14    191; and
11-15                (9)  insurance premiums subject to gross premiums
11-16    taxes.
11-17          SECTION 19.  Subsection (d), Section 151.310, Tax Code, is
11-18    amended to read as follows:
11-19          (d)  If two or more organizations jointly hold a tax-free
11-20    sale or auction, each [neither] organization may hold one
11-21    additional [another] tax-free sale or auction during the calendar
11-22    year in which the joint sale or auction is held.  The employment of
11-23    and payment of a reasonable fee to an auctioneer to conduct a
11-24    tax-free auction does not disqualify an otherwise qualified
11-25    organization from receiving the exemption provided by Subsection
11-26    (c) [of this section].
11-27          SECTION 20.  Section 151.313, Tax Code, as amended by
 12-1    Chapters 394 and 683, Acts of the 76th Legislature, Regular
 12-2    Session, 1999, is reenacted and amended to read as follows:
 12-3          Sec. 151.313.  HEALTH CARE SUPPLIES.  (a)  The following
 12-4    items are exempted from the taxes imposed by this chapter:
 12-5                (1)  a drug or medicine, other than insulin, if
 12-6    prescribed or dispensed for a human or animal by a licensed
 12-7    practitioner of the healing arts;
 12-8                (2)  insulin;
 12-9                (3)  subject to Subsection (c), a drug or medicine,
12-10    without regard to whether it is prescribed or dispensed by a
12-11    licensed practitioner of the healing arts[, that is labeled with a
12-12    national drug code issued by the federal Food and Drug
12-13    Administration];
12-14                (4)  a hypodermic syringe or needle;
12-15                (5)  a brace; hearing aid or audio loop; orthopedic,
12-16    dental, or prosthetic device; ileostomy, colostomy, or ileal
12-17    bladder appliance; or supplies or replacement parts for the listed
12-18    items;
12-19                (6)  a therapeutic appliance, device, and any related
12-20    supplies specifically designed for those products, if dispensed or
12-21    prescribed by a licensed practitioner of the healing arts, when
12-22    those items are purchased and used by an individual for whom the
12-23    items listed in this subdivision were dispensed or prescribed;
12-24                (7)  corrective lens and necessary and related
12-25    supplies, if dispensed or prescribed by an ophthalmologist or
12-26    optometrist;
12-27                (8)  specialized printing or signalling equipment used
 13-1    by the deaf for the purpose of enabling the deaf to communicate
 13-2    through the use of an ordinary telephone and all materials, paper,
 13-3    and printing ribbons used in that equipment;
 13-4                (9)  a braille wristwatch, braille writer, braille
 13-5    paper and braille electronic equipment that connects to computer
 13-6    equipment, and the necessary adaptive devices and adaptive computer
 13-7    software;
 13-8                (10)  each of the following items if purchased for use
 13-9    by the blind to enable them to function more independently:  a
13-10    slate and stylus, print enlarger, light probe, magnifier, white
13-11    cane, talking clock, large print terminal, talking terminal, or
13-12    harness for guide dog;
13-13                (11)  hospital beds;
13-14                (12)  blood glucose monitoring test strips; [and]
13-15                (13)  an adjustable eating utensil used to facilitate
13-16    independent eating if purchased for use by a person, including a
13-17    person who is elderly or physically disabled, has had a stroke, or
13-18    is a burn victim, who does not have full use or control of the
13-19    person's hands or arms; and
13-20                (14)  subject to Subsection (d), a dietary supplement.
13-21          (b)  Each of the following items is exempted from the tax
13-22    imposed by this chapter if the item is used by a person who is deaf
13-23    to enable the person to function more independently:
13-24                (1)  a light signal and device to adapt items such as
13-25    telecommunication devices for the deaf (TDDs), telephones,
13-26    doorbells, and smoke alarms; and
13-27                (2)  adaptive devices or adaptive software for
 14-1    computers used by persons who are deaf.
 14-2          (c)  A product is a drug or medicine for purposes of this
 14-3    section if:
 14-4                (1)  the product:
 14-5                      (A)  is intended for use in the diagnosis, cure,
 14-6    mitigation, treatment, or prevention of disease, illness, injury,
 14-7    or pain;
 14-8                      (B)  is applied to the human body or is a product
 14-9    that a human ingests or inhales;
14-10                      (C)  is not an appliance or device; and
14-11                      (D)  is not food; or
14-12                (2)  the product is labeled or required to be labeled
14-13    with a "Drug Facts" panel in accordance with regulations of the
14-14    federal Food and Drug Administration.
14-15          (d)  A product is a dietary supplement for purposes of this
14-16    section if:
14-17                (1)  the product:
14-18                      (A)  contains one or more vitamins, minerals,
14-19    herbs or botanicals, amino acids, or substances that supplement the
14-20    daily dietary intake;
14-21                      (B)  is not represented as food or the sole item
14-22    of a meal or the diet; and
14-23                      (C)  is labeled "dietary supplement" or
14-24    "supplement"; or
14-25                (2)  the product is labeled or required to be labeled
14-26    with a "Supplement Facts" panel in accordance with regulations of
14-27    the federal Food and Drug Administration.
 15-1          SECTION 21.  Subsection (a), Section 151.317, Tax Code, is
 15-2    amended to read as follows:
 15-3          (a)  Subject to Subsection (d), gas and electricity are
 15-4    exempted from the taxes imposed by this chapter when sold for:
 15-5                (1)  residential use;
 15-6                (2)  use in powering equipment exempt under Section
 15-7    151.318 or 151.3185 by a person processing tangible personal
 15-8    property for sale as tangible personal property, other than
 15-9    preparation or storage of food for immediate consumption;
15-10                (3)  use in lighting, cooling, and heating in the
15-11    manufacturing area during the actual manufacturing or processing of
15-12    tangible personal property for sale as tangible personal property,
15-13    other than preparation or storage of food for immediate
15-14    consumption;
15-15                (4)  use directly in exploring for, producing, or
15-16    transporting, a material extracted from the earth;
15-17                (5)  use in agriculture, including dairy or poultry
15-18    operations and pumping for farm or ranch irrigation;
15-19                (6)  use directly in electrical processes, such as
15-20    electroplating, electrolysis, and cathodic protection;
15-21                (7)  use directly in the off-wing processing, overhaul,
15-22    or repair of a jet turbine engine or its parts for a certificated
15-23    or licensed carrier of persons or property;
15-24                (8)  use directly in providing, under contracts with or
15-25    on behalf of the United States government or foreign governments,
15-26    defense or national security-related electronics, classified
15-27    intelligence data processing and handling systems, or
 16-1    defense-related platform modifications or upgrades; [or]
 16-2                (9)  a direct or indirect use, consumption, or loss of
 16-3    electricity by an electric utility engaged in the purchase of
 16-4    electricity for resale; or
 16-5                (10)  use in timber operations, including pumping for
 16-6    irrigation of timberland.
 16-7          SECTION 22.  Subsections (a) and (t), Section 151.318, Tax
 16-8    Code, are amended to read as follows:
 16-9          (a)  The following items are exempted from the taxes imposed
16-10    by this chapter if sold, leased, or rented to, or stored, used, or
16-11    consumed by a manufacturer:
16-12                (1)  tangible personal property that will become an
16-13    ingredient or component part of tangible personal property
16-14    manufactured, processed, or fabricated for ultimate sale;
16-15                (2)  tangible personal property directly used or
16-16    consumed in or during the actual manufacturing, processing, or
16-17    fabrication of tangible personal property for ultimate sale if the
16-18    use or consumption of the property is necessary or essential to the
16-19    manufacturing, processing, or fabrication operation and directly
16-20    makes or causes a chemical or physical change to:
16-21                      (A)  the product being manufactured, processed,
16-22    or fabricated for ultimate sale; or
16-23                      (B)  any intermediate or preliminary product that
16-24    will become an ingredient or component part of the product being
16-25    manufactured, processed, or fabricated for ultimate sale;
16-26                (3)  services performed directly on the product being
16-27    manufactured prior to its distribution for sale and for the purpose
 17-1    of making the product more marketable;
 17-2                (4)  actuators, steam production equipment and its
 17-3    fuel, in-process flow through tanks, cooling towers, generators,
 17-4    heat exchangers, transformers and the switches, breakers, capacitor
 17-5    banks, regulators, relays, reclosers, fuses, interruptors,
 17-6    reactors, arrestors, resistors, insulators, instrument
 17-7    transformers, and telemetry units that are related to the
 17-8    transformers, electronic control room equipment, computerized
 17-9    control units, pumps, compressors, and hydraulic units, that are
17-10    used to power, supply, support, or control equipment that qualifies
17-11    for exemption under Subdivision (2) or (5) or to generate
17-12    electricity, chilled water, or steam for ultimate sale;
17-13    transformers located at an electric generating facility that
17-14    increase the voltage of electricity generated for ultimate sale,
17-15    the electrical cable that carries the electricity from the electric
17-16    generating equipment to the step-up transformers, and the switches,
17-17    breakers, capacitor banks, regulators, relays, reclosers, fuses,
17-18    interruptors, reactors, arrestors, resistors, insulators,
17-19    instrument transformers, and telemetry units that are related to
17-20    the step-up transformers; and transformers that decrease the
17-21    voltage of electricity generated for ultimate sale and the
17-22    switches, breakers, capacitor banks, regulators, relays, reclosers,
17-23    fuses, interruptors, reactors, arrestors, resistors, insulators,
17-24    instrument transformers, and telemetry units that are related to
17-25    the step-down transformers;
17-26                (5)  tangible personal property used or consumed in the
17-27    actual manufacturing, processing, or fabrication of tangible
 18-1    personal property for ultimate sale if the use or consumption of
 18-2    the property is necessary and essential to a pollution control
 18-3    process;
 18-4                (6)  lubricants, chemicals, chemical compounds, gases,
 18-5    or liquids that are used or consumed during the actual
 18-6    manufacturing, processing, or fabrication of tangible personal
 18-7    property for ultimate sale if their use or consumption is necessary
 18-8    and essential to prevent the decline, failure, lapse, or
 18-9    deterioration of equipment exempted by this section;
18-10                (7)  gases used on the premises of a manufacturing
18-11    plant to prevent contamination of raw material or product, or to
18-12    prevent a fire, explosion, or other hazardous or environmentally
18-13    damaging situation at any stage in the manufacturing process or in
18-14    loading or storage of the product or raw material on premises;
18-15                (8)  tangible personal property used or consumed during
18-16    the actual manufacturing, processing, or fabrication of tangible
18-17    personal property for ultimate sale if the use or consumption of
18-18    the property is necessary and essential to a quality control
18-19    process that tests tangible personal property that is being
18-20    manufactured, processed, or fabricated for ultimate sale;
18-21                (9)  safety apparel or work clothing that is used
18-22    during the actual manufacturing, processing, or fabrication of
18-23    tangible personal property for ultimate sale if:
18-24                      (A)  the manufacturing process would not be
18-25    possible without the use of the apparel or clothing; and
18-26                      (B)  the apparel or clothing is not resold to the
18-27    employee;
 19-1                (10)  tangible personal property used or consumed in
 19-2    the actual manufacturing, processing, or fabrication of tangible
 19-3    personal property for ultimate sale if the use or consumption of
 19-4    the property is necessary and essential to comply with federal,
 19-5    state, or local laws or rules that establish requirements related
 19-6    to public health; and
 19-7                (11)  tangible personal property specifically installed
 19-8    to:
 19-9                      (A)  reduce water use and wastewater flow volumes
19-10    from the manufacturing, processing, fabrication, or repair
19-11    operation;
19-12                      (B)  reuse and recycle wastewater streams
19-13    generated within the manufacturing, processing, fabrication, or
19-14    repair operation; or
19-15                      (C)  treat wastewater from another industrial or
19-16    municipal source for the purpose of replacing existing freshwater
19-17    sources in the manufacturing, processing, fabrication, or repair
19-18    operation.
19-19          (t)  In addition to the other items exempted under this
19-20    section, pre-press machinery, equipment, and supplies, including
19-21    computers, cameras, photographic props, film, film developing
19-22    chemicals, veloxes, plate-making machinery, plate metal, litho
19-23    negatives, color separation negatives, proofs of color negatives,
19-24    production art work, and typesetting or composition proofs, that
19-25    are necessary and essential to and used in connection with the
19-26    printing process are exempted from the tax imposed by this chapter
19-27    if they are purchased by a person engaged in:
 20-1                (1)  printing or imprinting tangible personal property
 20-2    for sale; or
 20-3                (2)  producing a publication for the dissemination of
 20-4    news of a general character and of a general interest that is
 20-5    printed on newsprint and distributed to the general public free of
 20-6    charge at a daily, weekly, or other short interval.
 20-7          SECTION 23.  Subchapter H, Chapter 151, Tax Code, is amended
 20-8    by adding Section 151.3181 to read as follows:
 20-9          Sec. 151.3181.  DIVERGENT USE OF PROPERTY USED IN
20-10    MANUFACTURING.  (a)  In this section:
20-11                (1)  "Divergent use" means the use of property in a
20-12    manner or for a purpose other than the manner or purpose that
20-13    qualified the sale, lease, rental, use, or other consumption of the
20-14    property for exemption under Section 151.318.
20-15                (2)  "Property" means tangible personal property
20-16    regardless of whether the tangible personal property is permanently
20-17    affixed to or incorporated into realty after its purchase.
20-18          (b)  Divergent use of property exempted under Section 151.318
20-19    will not result in sales and use tax being due on the property if
20-20    the divergent use occurs after the fourth anniversary of the date
20-21    the property is purchased.
20-22          (c)  Except as provided by Subsection (d), divergent use of
20-23    property exempted under Section 151.318 that occurs during any
20-24    month before the fourth anniversary of the date the property is
20-25    purchased results in sales and use tax being due for that month.
20-26    The amount of the sales and use tax due for a month is equal to
20-27    1/48 of the purchase price of the property multiplied by the
 21-1    percentage of divergent use during that month multiplied by the
 21-2    sales and use tax rate applicable at the time of purchase.
 21-3          (d)  Divergent use of property exempted under Section 151.318
 21-4    that occurs during a month before the fourth anniversary of the
 21-5    date the property is purchased does not result in sales and use tax
 21-6    being due for that month if the percentage of divergent use during
 21-7    that month does not exceed five percent of the total use of the
 21-8    property that month.
 21-9          (e)  The amount of divergent use during a month is:
21-10                (1)  the total time the property operates for a
21-11    divergent use during a month, measured in hours; or
21-12                (2)  the total output of the property during divergent
21-13    use during a month, measured in a manner applicable to that
21-14    property.
21-15          (f)  The total use of property is:
21-16                (1)  the total time the property operates during a
21-17    month, measured in hours; or
21-18                (2)  the total output of the property during a month,
21-19    measured in a manner applicable to that property.
21-20          (g)  The percentage of divergent use for a month is
21-21    determined by:
21-22                (1)  dividing the amount of divergent use determined
21-23    under Subsection (e)(1) by the amount of total use of the property
21-24    determined under Subsection (f)(1); or
21-25                (2)  dividing the amount of divergent use determined
21-26    under Subsection (e)(2) by the amount of total use of the property
21-27    determined under Subsection (f)(2).
 22-1          SECTION 24.  Section 151.3185, Tax Code, is amended by adding
 22-2    Subsections (e) and (f) to read as follows:
 22-3          (e)  The sale of a motion picture, video, or audio master by
 22-4    the producer of the master is exempt from the taxes imposed by this
 22-5    chapter.
 22-6          (f)  Tangible personal property that is sold to an entity to
 22-7    which 47 C.F.R. Section 73.624(b) applies is exempt from the taxes
 22-8    imposed by this chapter if the property is necessary for the entity
 22-9    to comply with 47 C.F.R. Section 73.682(d).
22-10          SECTION 25.  Subsection (b), Section 151.319, Tax Code, is
22-11    amended to read as follows:
22-12          (b)  A transaction involving a sale of a newspaper that has
22-13    been produced, fabricated, or printed to the special order of a
22-14    customer is exempted from the taxes imposed by this chapter if:
22-15                (1)  the customer is responsible for gathering
22-16    substantially all of the information contained in the newspaper and
22-17    for formulating the design, layout, and format of the newspaper;
22-18    and
22-19                (2)  the customer would be entitled to the exemption
22-20    provided by Section 151.318(t) [Subsection (d) of this section] if
22-21    the customer had a printing facility capable of processing and
22-22    printing the newspaper and printed and processed the newspaper.
22-23          SECTION 26.  Section 152.002, Tax Code, is amended by adding
22-24    Subsection (e) to read as follows:
22-25          (e)  A person who is a motor vehicle owner, is in the
22-26    business of renting motor vehicles, and holds a permit may deduct
22-27    the fair market value of a replaced motor vehicle that is titled to
 23-1    another person if:
 23-2                (1)  either person:
 23-3                      (A)  holds a beneficial ownership interest in the
 23-4    other person of at least 80 percent; or
 23-5                      (B)  acquires all of its vehicles exclusively
 23-6    from franchised dealers whose franchisor shares common ownership
 23-7    with the other person; and
 23-8                (2)  the replaced motor vehicle is offered for sale.
 23-9          SECTION 27.  Section 152.041, Tax Code, is amended by
23-10    amending Subsections (c) and (d) and adding Subsection (f) to read
23-11    as follows:
23-12          (c)  Except as provided by Subsection (f) and Section
23-13    152.047, the tax imposed by Section 152.021 [of this code] is due
23-14    on the 20th working day after the date [day that] the motor vehicle
23-15    is delivered to the purchaser.
23-16          (d)  Except as provided by Subsection (f), the [The] tax
23-17    imposed by Section 152.022 [of this code] is due on the 20th
23-18    working day after the date [day that] the motor vehicle is brought
23-19    into this state.
23-20          (f)  The tax imposed by Section 152.021 or 152.022 on a motor
23-21    vehicle designed for commercial use is due on the 20th working day
23-22    after the date the motor vehicle is equipped with a body or other
23-23    equipment that enables the motor vehicle to be eligible to be
23-24    registered under the Transportation Code.
23-25          SECTION 28.  Subsection (a), Section 152.047, Tax Code, is
23-26    amended to read as follows:
23-27          (a)  Except as inconsistent with this chapter and rules
 24-1    adopted under this chapter, the seller of a motor vehicle shall
 24-2    report and pay the tax imposed on a seller-financed sale to the
 24-3    comptroller on the seller's receipts from seller-financed sales in
 24-4    the same manner as the sales tax is reported and paid by a retailer
 24-5    under Sections 151.401, 151.402, 151.405, 151.406, 151.409,
 24-6    151.423, 151.424, and 151.425 [Chapter 151].
 24-7          SECTION 29.  Section 152.091, Tax Code, is amended by adding
 24-8    Subsection (d) to read as follows:
 24-9          (d)  For purposes of this section, a machine is used
24-10    "primarily for timber operations" if the machine is a
24-11    self-propelled motor vehicle that is specially adapted to perform a
24-12    specialized function in the production of timber, including land
24-13    preparation, planting, maintenance, and gathering of trees commonly
24-14    grown for commercial timber.  The term does not include a
24-15    self-propelled motor vehicle used to transport timber or timber
24-16    products.
24-17          SECTION 30.  Subdivision (25), Section 153.001, Tax Code, is
24-18    amended to read as follows:
24-19                (25)  "Supplier" means a person who:
24-20                      (A)  refines, distills, manufactures, produces,
24-21    or blends for sale or distribution diesel fuel in this state;
24-22                      (B)  imports or exports diesel fuel other than in
24-23    the fuel supply tanks of motor vehicles;
24-24                      (C)  sells or delivers diesel fuel in bulk
24-25    quantities to dealers, dyed diesel fuel bonded users, agricultural
24-26    bonded users, bulk users, aviation fuel dealers, or other
24-27    suppliers; or
 25-1                      (D)  is engaged in the business of selling or
 25-2    delivering diesel fuel in bulk quantities to consumers for
 25-3    nonhighway uses.
 25-4          SECTION 31.  Subsection (i), Section 153.018, Tax Code, is
 25-5    amended to read as follows:
 25-6          (i)  Each terminal or bulk plant shall post a notice in a
 25-7    conspicuous location proximate to the point of receipt of shipping
 25-8    papers that describes the duties of importers and exporters under
 25-9    this section.  The comptroller may prescribe the language, type,
25-10    style, and format of the notice.
25-11          SECTION 32.  Subsection (c), Section 153.115, Tax Code, is
25-12    amended to read as follows:
25-13          (c)  A permitted interstate trucker is entitled to deduct
25-14    one-half of one percent of the taxable gallons of gasoline on
25-15    timely payment of the taxes to the state for the expense of
25-16    recordkeeping, reporting, and remitting the tax.
25-17          SECTION 33.  Subsection (a), Section 153.117, Tax Code, is
25-18    amended to read as follows:
25-19          (a)  A distributor shall keep:
25-20                (1)  a record showing the number of gallons of:
25-21                      (A)  all gasoline inventories on hand at the
25-22    first of each month;
25-23                      (B)  all gasoline refined, compounded, or
25-24    blended;
25-25                      (C)  all gasoline purchased or received, showing
25-26    the name of the seller and date of each purchase or receipt;
25-27                      (D)  all gasoline sold, distributed, or used,
 26-1    showing the name of the purchaser and the date of the sale or use;
 26-2    and
 26-3                      (E)  all gasoline lost by fire, theft, or
 26-4    accident; and
 26-5                (2)  an itemized statement showing by load the number
 26-6    of gallons of all gasoline:
 26-7                      (A)  received during the preceding calendar month
 26-8    for export and the location of the loading;
 26-9                      (B)  exported from this state by destination
26-10    state or country; and
26-11                      (C)  imported during the preceding calendar month
26-12    by [destination] state or country of origin.
26-13          SECTION 34.  Subsection (a), Section 153.119, Tax Code, is
26-14    amended to read as follows:
26-15          (a)  A person who exports, sells to the federal government,
26-16    to a public school district in this state, or to a commercial
26-17    transportation company for exclusive use in providing public school
26-18    transportation services to a school district under Section 34.008,
26-19    Education Code, without having added the amount of the tax imposed
26-20    by this chapter to his selling price, loses by fire, theft, or
26-21    accident, or uses gasoline for the purpose of operating or
26-22    propelling a motorboat, tractor used for agricultural purposes, or
26-23    stationary engine, or for another purpose except in a vehicle
26-24    operated or intended to be operated on the public highways of this
26-25    state, and who has paid the tax imposed on gasoline by this chapter
26-26    either directly or indirectly is, when the person has complied with
26-27    the invoice and filing provisions of this section and the rules of
 27-1    the comptroller, entitled to reimbursement of the tax paid by him,
 27-2    less [a filing fee and] any amount allowed distributors under
 27-3    Section 153.105(e) [of this code].  A public school district that
 27-4    has paid the tax imposed under this chapter on gasoline used by the
 27-5    district or a commercial transportation company that has paid the
 27-6    tax imposed under this chapter on gasoline used by the company
 27-7    exclusively to provide public school transportation services to a
 27-8    school district under Section 34.008, Education Code, is entitled
 27-9    to reimbursement of the amount of the tax paid in the same manner
27-10    and subject to the same procedures as other exempted users.
27-11          SECTION 35.  Section 153.122, Tax Code, is amended to read as
27-12    follows:
27-13          Sec. 153.122.  GASOLINE TAX REFUND PAYMENT [AND FILING FEE].
27-14    [(a)]  After examination of the refund claim, the comptroller
27-15    before issuing a refund warrant shall deduct from the amount of the
27-16    refund[:]
27-17                [(1)]  the two percent deducted originally by the
27-18    distributor on the first sale or distribution of the gasoline[; and]
27-19                [(2)  $1.50 as a filing fee.]
27-20          [(b)  The filing fees shall be set aside for the use and
27-21    benefit of the comptroller in the administration and enforcement of
27-22    this section.  All filing fees shall be paid into the state
27-23    treasury and shall be paid out on vouchers and warrants in the
27-24    manner prescribed by law].
27-25          SECTION 36. (a)  Section 153.203, Tax Code, is amended to
27-26    read as follows:
27-27          Sec. 153.203.  EXCEPTIONS.  The tax imposed by this
 28-1    subchapter does not apply to:
 28-2                (1)  diesel fuel delivered by a permitted supplier to a
 28-3    common or contract carrier, oceangoing vessel (including ship,
 28-4    tanker, or boat), or barge for export from this state, if the
 28-5    diesel fuel is moved forthwith outside this state;
 28-6                (2)  diesel fuel sold by a permitted supplier to the
 28-7    federal government for its exclusive use;
 28-8                (3)  diesel fuel sold or delivered by a permitted
 28-9    supplier to another permitted supplier or to the bulk storage
28-10    facility of an agricultural bonded user, or dyed diesel fuel sold
28-11    or delivered by a permitted supplier to the bulk storage facility
28-12    of a dyed diesel fuel bonded user, to the bulk storage facility of
28-13    a diesel tax prepaid user, or to a purchaser who provides a signed
28-14    statement as provided by Section 153.205 of this code, but not
28-15    including a delivery of tax-free diesel fuel into the fuel supply
28-16    tanks of a motor vehicle, except for a motor vehicle owned by the
28-17    federal government;
28-18                (4)  diesel fuel sold or delivered by a permitted
28-19    supplier into the storage facility of a permitted aviation fuel
28-20    dealer, from which diesel fuel will be sold or delivered solely
28-21    into the fuel supply tanks of aircraft or aircraft servicing
28-22    equipment;
28-23                (5)  diesel fuel sold or delivered by a permitted
28-24    supplier into fuel supply tanks of railway engines, motorboats, or
28-25    refrigeration units or other stationary equipment powered by a
28-26    separate motor from a separate fuel supply tank;
28-27                (6)  kerosene when delivered by a permitted supplier
 29-1    into a storage facility at a retail business from which all
 29-2    deliveries are exclusively for heating, cooking, lighting, or
 29-3    similar nonhighway use;
 29-4                (7)  diesel fuel sold or delivered by one aviation fuel
 29-5    dealer to another aviation fuel dealer who will deliver the diesel
 29-6    fuel exclusively into the supply tanks of aircraft or aircraft
 29-7    servicing equipment;
 29-8                (8)  diesel fuel sold by a permitted supplier to a
 29-9    public school district in this state for its exclusive use;
29-10                (9)  diesel fuel sold by a permitted supplier to a
29-11    commercial transportation company that provides public school
29-12    transportation services to a school district under Section 34.008,
29-13    Education Code, and used by the company exclusively to provide
29-14    those services; [or]
29-15                (10)  diesel fuel sold by a permitted supplier to a
29-16    person, other than a political subdivision, who owns, controls,
29-17    operates, or manages a commercial motor vehicle as defined by
29-18    Section 548.001, Transportation Code, if the fuel:
29-19                      (A)  is delivered exclusively into the fuel
29-20    supply tank of the commercial motor vehicle; and
29-21                      (B)  is used exclusively to transport passengers
29-22    for compensation or hire between points in this state on a fixed
29-23    route or schedule; or
29-24                (11)  the volume of water that is blended together with
29-25    taxable diesel fuel when the finished product sold or used is
29-26    clearly identified on the retail pump, storage tank, and sales
29-27    invoice as a combination of diesel fuel and water.
 30-1          (b)  The change in law made by this section of this Act does
 30-2    not affect taxes imposed before the effective date of this section,
 30-3    and the law in effect before the effective date of this section is
 30-4    continued in effect for purposes of the liability for and
 30-5    collection of those taxes.
 30-6          SECTION 37.  Section 153.205, Tax Code, is amended to read as
 30-7    follows:
 30-8          Sec. 153.205.  STATEMENT FOR PURCHASE OF DIESEL FUEL TAX
 30-9    FREE.  (a)  The first sale or use of diesel fuel in this state is
30-10    taxable, except that sales of dyed diesel fuel, or of undyed diesel
30-11    fuel if the fuel will be used for an agricultural nonhighway
30-12    purpose, may be made without collecting the tax if the purchaser
30-13    furnishes to a permitted supplier a signed statement, including an
30-14    end user number or agricultural [user] exemption number issued by
30-15    the comptroller.  A person who wants to use a signed statement to
30-16    purchase dyed diesel fuel must apply to the comptroller for an end
30-17    user number to be used in conjunction with a signed statement.  A
30-18    person who wants to use a signed statement to purchase dyed or
30-19    undyed diesel fuel for an agricultural nonhighway purpose must
30-20    apply to the comptroller for an agricultural exemption number to be
30-21    used in conjunction with a signed statement.  A supplier may not
30-22    make a tax-free sale of any diesel fuel to a purchaser using a
30-23    signed statement unless the purchaser has an end user number or
30-24    agricultural exemption number issued by the comptroller under this
30-25    section [that stipulates that:]
30-26                [(1)  the purchaser does not operate any diesel-powered
30-27    motor vehicles on the public highway;]
 31-1                [(2)  all of the diesel fuel will be consumed by the
 31-2    purchaser and no diesel fuel purchased on a signed statement will
 31-3    be resold; and]
 31-4                [(3)  none of the diesel fuel purchased in this state
 31-5    will be delivered or permitted by the purchaser to be delivered
 31-6    into fuel supply tanks of motor vehicles].
 31-7          (b)  A sale of dyed diesel fuel may be made without
 31-8    collecting the tax if the purchaser furnishes to a permitted
 31-9    supplier a signed statement, including an end user number issued by
31-10    the comptroller, that stipulates that:
31-11                (1)  none of the diesel fuel purchased on the signed
31-12    statement is of a type that may legally be used on the public
31-13    highway;
31-14                (2)  all of the dyed diesel fuel purchased on the
31-15    signed statement will be consumed by the purchaser and will not be
31-16    resold; and
31-17                (3)  none of the dyed diesel fuel purchased on the
31-18    signed statement will be delivered or permitted to be delivered
31-19    into the fuel supply tank of a motor vehicle operated on the public
31-20    highways of this state.
31-21          (c)  A sale of dyed or undyed diesel fuel for an agricultural
31-22    nonhighway use may be made without collecting the tax if the
31-23    purchaser furnishes to a permitted supplier a signed statement,
31-24    including an agricultural exemption number issued by the
31-25    comptroller, that stipulates that:
31-26                (1)  all of the dyed and undyed diesel fuel purchased
31-27    on the signed statement will be used exclusively in agricultural
 32-1    nonhighway equipment;
 32-2                (2)  all of the dyed and undyed diesel fuel purchased
 32-3    on the signed statement will be consumed by the purchaser and will
 32-4    not be resold; and
 32-5                (3)  none of the dyed or undyed diesel fuel purchased
 32-6    on the signed statement will be delivered or permitted to be
 32-7    delivered into the fuel supply tank of a motor vehicle operated on
 32-8    the public highways of this state.
 32-9          (d)  A person may not make a tax-free purchase of any diesel
32-10    fuel under this section using a signed statement:
32-11                (1)  for the purchase of more than 3,000 gallons of
32-12    dyed or undyed diesel fuel in a single transaction or delivery; or
32-13                (2)  in a calendar month in which the person has
32-14    previously purchased more than 10,000 gallons of dyed or undyed
32-15    diesel fuel from all sources.
32-16          (e)  Any gallons purchased in excess of the limitations
32-17    prescribed by Subsection (d) constitute a taxable purchase.  The
32-18    purchaser paying the tax on dyed or undyed diesel fuel in excess of
32-19    the limitations prescribed by Subsection (d) may claim a refund of
32-20    the tax paid on any dyed or undyed diesel fuel used for nonhighway
32-21    purposes under Section 153.222.
32-22          (f)  A supplier may not make a tax-free sale of any diesel
32-23    fuel under this section to a purchaser using a signed statement:
32-24                (1)  for the sale of more than 3,000 gallons of dyed or
32-25    undyed diesel fuel in a single transaction or delivery; or
32-26                (2)  in a calendar month in which the supplier has
32-27    previously sold more than 10,000 gallons of dyed or undyed diesel
 33-1    fuel to the purchaser.
 33-2          (g)  Any gallons sold in excess of the limitations prescribed
 33-3    by Subsection (f) constitute a taxable sale.  The purchaser paying
 33-4    the tax on dyed or undyed diesel fuel in excess of the limitations
 33-5    prescribed by Subsection (f) may claim a refund of the tax paid on
 33-6    any dyed or undyed diesel fuel used for nonhighway purposes under
 33-7    Section 153.222.
 33-8          (h) [(c)]  The signed statement and end user number or
 33-9    agricultural [user] exemption number from the purchaser as provided
33-10    by this section relieves the permitted supplier from the burden of
33-11    proof that the sale of dyed diesel fuel or of undyed diesel fuel
33-12    for an agricultural nonhighway purpose was not taxable to the
33-13    purchaser and remains in effect unless:
33-14                (1)  the statement is revoked in writing by the
33-15    purchaser or supplier; or
33-16                (2)  the comptroller notifies the supplier in writing
33-17    that the purchaser may no longer make tax-free purchases[; or]
33-18                [(3)  the supplier is put on notice by making taxable
33-19    sales of diesel fuel to a purchaser who has previously submitted a
33-20    signed statement to this supplier].
33-21          (i) [(d)  A taxable sale to a person who has previously
33-22    submitted a signed statement creates a rebuttable presumption that
33-23    the supplier had reasonable notice that all subsequent sales should
33-24    have been taxable.]
33-25          [(e)]  A taxable use of any part of the dyed or undyed diesel
33-26    fuel purchased under a signed statement shall, in addition to any
33-27    criminal penalty, forfeit the right of the person to purchase dyed
 34-1    or undyed diesel fuel tax free for a period of one year from the
 34-2    date of the offense, and any tax, interest, and penalty found to be
 34-3    due through false or erroneous execution or continuance of a
 34-4    promissory statement by the purchaser, if assessed to the supplier,
 34-5    is a debt of the purchaser to the supplier until paid, and is
 34-6    recoverable at law in the same manner as the purchase price of the
 34-7    fuel.  The person may, however, claim a refund of the tax paid on
 34-8    any dyed or undyed diesel fuel used for nonhighway purposes under
 34-9    Section 153.222.
34-10          [(f)  The statement must be signed by the purchaser or his
34-11    representative.]
34-12          [(g)  The comptroller's regulations may allow separate
34-13    operating divisions of corporations to give separate signed
34-14    statements as if they were different legal entities.]
34-15          [(h)  The comptroller may promulgate necessary forms and
34-16    rules to administer and enforce this section.]
34-17          [(i)  A permitted supplier may not make a tax-free sale of
34-18    dyed diesel fuel, or undyed diesel fuel for agricultural purposes,
34-19    to a purchaser using a signed statement:]
34-20                [(1)  for the sale of more than 3,000 gallons of dyed
34-21    or undyed diesel fuel in a single transaction; or]
34-22                [(2)  in a calendar month in which the supplier has
34-23    previously sold more than 10,000 gallons of dyed or undyed diesel
34-24    fuel to the purchaser.]
34-25          [(j)(1)  A sale of dyed diesel fuel, or undyed diesel fuel
34-26    for agricultural purposes, may be made without collecting tax from
34-27    a purchaser who operates one or more motor vehicles on the public
 35-1    highway and who furnishes to a permitted supplier a signed
 35-2    statement and end user number or agricultural user exemption number
 35-3    only as provided in this subsection.]
 35-4                [(2)  The statement must stipulate that all the dyed or
 35-5    undyed diesel fuel will be consumed by the purchaser for purposes
 35-6    other than operating a motor vehicle on the public highway and that
 35-7    no dyed or undyed diesel fuel purchased on a signed statement will
 35-8    be resold or delivered into the fuel supply tanks of a motor
 35-9    vehicle.]
35-10                [(3)  Diesel fuel which may be sold without collection
35-11    of tax under this subsection must be of a type that may not be
35-12    legally used by the purchaser for the operation of a motor vehicle
35-13    on the public highway under state or federal law.]
35-14                [(4)  Subsections (a), (c)(3), and (d) of this section
35-15    do not apply to sales of fuel under this subsection.]
35-16          [(k)  A person who wants to use a signed statement to
35-17    purchase dyed diesel fuel must apply to the comptroller for an end
35-18    user number to be used in conjunction with a signed statement.  A
35-19    person who wants to use a signed statement to purchase dyed or
35-20    undyed diesel fuel for agricultural purposes must apply to the
35-21    comptroller for an agricultural user exemption number to be used in
35-22    conjunction with a signed statement.  A person may not make a
35-23    tax-free sale of any diesel fuel to a purchaser using a signed
35-24    statement unless the purchaser has an end user number or
35-25    agricultural user exemption number issued by the comptroller under
35-26    this subsection.]
35-27          SECTION 38.  Subsections (c) and (i), Section 153.206, Tax
 36-1    Code, are amended to read as follows:
 36-2          (c)  A dyed diesel fuel bonded user, agricultural bonded
 36-3    user, or other user, except a diesel tax prepaid user, shall report
 36-4    and pay to the state the tax at the rate imposed on each gallon of
 36-5    diesel fuel delivered by him into the fuel supply tanks of a motor
 36-6    vehicle, unless the tax has been paid to a permitted supplier or a
 36-7    dealer, or, as a diesel tax prepaid user, the tax has been prepaid
 36-8    directly to the comptroller.
 36-9          (i)  A dyed diesel fuel bonded user, an agricultural bonded
36-10    user, or a permitted interstate trucker is entitled to deduct
36-11    one-half of one percent of the taxable gallons of diesel fuel on
36-12    timely payment of the taxes to this state for the expense of
36-13    recordkeeping, reporting, and remitting the tax.
36-14          SECTION 39.  The heading to Section 153.217, Tax Code, is
36-15    amended to read as follows:
36-16          Sec. 153.217.  LIST OF SUPPLIERS, DYED DIESEL FUEL BONDED
36-17    USERS, AGRICULTURAL BONDED USERS, AVIATION FUEL DEALERS, AND DIESEL
36-18    FUEL JOBBERS.
36-19          SECTION 40.  Subsection (j), Section 153.219, Tax Code, is
36-20    amended to read as follows:
36-21          (j)  A supplier shall keep:
36-22                (1)  an itemized statement showing by load the number
36-23    of gallons of all diesel fuel received during the preceding
36-24    calendar month for export;
36-25                (2)  an itemized statement showing by load the number
36-26    of gallons of all diesel fuel exported from this state by
36-27    destination state or country;
 37-1                (3)  an itemized statement showing by load the number
 37-2    of gallons of all diesel fuel imported during the preceding
 37-3    calendar month by [destination] state or country of origin;
 37-4                (4)  an itemized statement differentiating between dyed
 37-5    and undyed diesel fuel and showing by purchaser, end user number,
 37-6    or agricultural [user] exemption number the number of gallons of
 37-7    dyed and undyed diesel fuel sold tax free to a purchaser using a
 37-8    signed statement in accordance with Section 153.205; and
 37-9                (5)  an itemized statement showing by purchaser and
37-10    permit number the number of gallons of dyed and undyed diesel fuel
37-11    sold tax free to dyed diesel fuel bonded users and agricultural
37-12    bonded users.
37-13          SECTION 41.  Subsections (a) and (c), Section 153.221, Tax
37-14    Code, are amended to read as follows:
37-15          (a)  On or before the 25th day of each month, a supplier, a
37-16    dealer required to collect the tax under Section 153.206(b), or a
37-17    dyed diesel fuel bonded user, agricultural bonded user, or other
37-18    user required to pay the tax under Section 153.206(c) shall file a
37-19    report of diesel fuel transactions or of diesel fuel delivered by a
37-20    dyed diesel fuel bonded user, agricultural bonded user, or other
37-21    user into the fuel tank of a motor vehicle owned or operated by the
37-22    user and such supplements as the comptroller may require and remit
37-23    the amount of tax required to be collected or to be paid during the
37-24    preceding month.  A report must be filed on a form or in a manner
37-25    provided by the comptroller and contain information required by the
37-26    comptroller, showing complete and detailed information of diesel
37-27    fuel transactions or use during the preceding month.  A supplier
 38-1    required to file a report under this section who has not sold,
 38-2    used, or distributed any diesel fuel during the reporting period
 38-3    shall file with the comptroller the report setting forth the facts
 38-4    or information.  The failure of a supplier, dealer, or dyed diesel
 38-5    fuel bonded user, agricultural bonded user, or other user to obtain
 38-6    forms or software from the comptroller is no excuse for the failure
 38-7    to file a report.  The report must be executed by the supplier,
 38-8    dealer, or user, or his representative, and is subject to the
 38-9    penalties provided in this chapter.
38-10          (c)  No report is required to be filed by:
38-11                (1)  an aviation fuel dealer;
38-12                (2)  a trip permit user;
38-13                (3)  a diesel tax prepaid user;
38-14                (4)  a person issuing signed statements; or
38-15                (5)  [a common or contract carrier; or]
38-16                [(6)]  a diesel fuel jobber.
38-17          SECTION 42.  Subsection (a), Section 153.222, Tax Code, is
38-18    amended to read as follows:
38-19          (a)  A dealer or diesel fuel jobber who has paid tax on
38-20    diesel fuel that has been used or sold for use by the dealer or
38-21    diesel fuel jobber for any purpose other than propelling a motor
38-22    vehicle on the public highways of this state or that has been sold
38-23    to the United States or a public school district in this state for
38-24    the exclusive use of the purchaser, or to a commercial
38-25    transportation company for exclusive use in providing public school
38-26    transportation services to a school district under Section 34.008,
38-27    Education Code, without adding the amount of the tax to his selling
 39-1    price, and a user who has paid tax on any diesel fuel that has been
 39-2    used by him for a purpose other than propelling a motor vehicle on
 39-3    the public highways, is a public school district and has paid the
 39-4    tax on diesel fuel purchased for its exclusive use, is a commercial
 39-5    transportation company and has paid the tax on diesel fuel used by
 39-6    the company exclusively to provide public school transportation
 39-7    services to a school district under Section 34.008, Education Code,
 39-8    or is a person who has paid tax on diesel fuel used in a commercial
 39-9    motor vehicle as provided by Section 153.203(10) may file a claim
39-10    for a refund of taxes paid, less the deduction allowed vendors [and
39-11    a filing fee].
39-12          SECTION 43.  Section 153.225, Tax Code, is amended to read as
39-13    follows:
39-14          Sec. 153.225.  DIESEL FUEL TAX REFUND PAYMENTS [AND FILING
39-15    FEE].  [(a)]  After examination and approval of the refund claim,
39-16    the comptroller before issuing a refund warrant shall deduct from
39-17    the amount of the refund payment[:]
39-18                [(1)]  the 2 percent deducted originally by the
39-19    supplier on the sale or delivery of the diesel fuel[; and]
39-20                [(2)  $1.50 as a filing fee.]
39-21          [(b)  The filing fees shall be set aside for the use and
39-22    benefit of the comptroller in the administration and enforcement of
39-23    the provisions of this chapter, and for payment of expenses in
39-24    furnishing the claim forms and other forms.  All filing fees shall
39-25    be paid into the state treasury and shall be paid out on vouchers
39-26    and warrants in the manner prescribed by law].
39-27          SECTION 44.  Subsections (c) and (d), Section 153.308, Tax
 40-1    Code, are amended to read as follows:
 40-2          (c)  The tax on one percent of the taxable gallons of
 40-3    liquefied gas sold in this state shall be allocated to the
 40-4    permitted dealer making the sale for the expense of collecting,
 40-5    accounting for, reporting, and timely remitting the taxes collected
 40-6    and keeping the records.  The allocation allowance shall be
 40-7    deducted by the permitted dealers in the payment to the state.
 40-8          (d)  The tax of one-half of one percent of the taxable
 40-9    gallons of liquefied gas used in this state by persons permitted as
40-10    interstate truckers shall be allocated to the interstate trucker
40-11    making the use of the liquefied gas for the expense of accounting
40-12    for, reporting, and timely remitting the taxes due.
40-13          SECTION 45.  Subsection (c), Section 153.311, Tax Code, is
40-14    amended to read as follows:
40-15          (c)  A permitted interstate trucker is entitled to a refund
40-16    of the amount of the Texas liquefied gas tax paid on each gallon of
40-17    liquefied gas subsequently used outside this state.  On
40-18    verification by the comptroller that the interstate trucker's
40-19    report was timely filed with all information required, the
40-20    comptroller [he] shall issue a warrant to the interstate trucker
40-21    for the amount of the refund less the one percent deducted
40-22    originally by the permitted dealer making the sale [and a filing
40-23    fee of $1.50].  Failure to file an interstate trucker report by the
40-24    25th of the month following the end of a calendar quarter forfeits
40-25    the right to a refund.
40-26          SECTION 46.  Subdivision (13), Section 154.001, Tax Code, is
40-27    amended to read as follows:
 41-1                (13)  "Permit holder" means a bonded agent,
 41-2    distributor, wholesaler, manufacturer, importer, or retailer
 41-3    required to obtain a permit under Section 154.101.
 41-4          SECTION 47.  Subsections (a), (b), and (h), Section 154.101,
 41-5    Tax Code, are amended to read as follows:
 41-6          (a)  A person may not engage in business as a distributor,
 41-7    wholesaler, bonded agent, manufacturer, importer, or retailer
 41-8    unless the person has applied for and received the applicable
 41-9    permit from the comptroller.
41-10          (b)  Each distributor, wholesaler, bonded agent,
41-11    manufacturer, importer, or retailer shall obtain a permit for each
41-12    place of business owned or operated by the distributor, wholesaler,
41-13    bonded agent, manufacturer, importer, or retailer.
41-14          (h)  Permits for engaging in business as a distributor,
41-15    wholesaler, bonded agent, manufacturer, importer, or retailer shall
41-16    be governed exclusively by the provisions of this code.
41-17          SECTION 48.  Subsection (a), Section 154.102, Tax Code, is
41-18    amended to read as follows:
41-19          (a)  The comptroller may issue a combination permit for
41-20    cigarettes and tobacco products to a person who is a distributor,
41-21    wholesaler, bonded agent, manufacturer, importer, or retailer as
41-22    defined by this chapter and Chapter 155 for both cigarettes and
41-23    tobacco products.
41-24          SECTION 49.  Subsection (a), Section 154.110, Tax Code, is
41-25    amended to read as follows:
41-26          (a)  The comptroller shall issue a permit to a distributor,
41-27    wholesaler, bonded agent, manufacturer, importer, or retailer if
 42-1    the comptroller:
 42-2                (1)  has received an application and fee, if required;
 42-3                (2)  believes that the applicant has complied with
 42-4    Section 154.101; and
 42-5                (3)  determines that issuing the permit will not
 42-6    jeopardize the administration and enforcement of this chapter.
 42-7          SECTION 50.  Subsection (a), Section 154.501, Tax Code, is
 42-8    amended to read as follows:
 42-9          (a)  A person violates this chapter if the person:
42-10                (1)  is a distributor, wholesaler, manufacturer,
42-11    importer, bonded agent, manufacturer's representative, or retailer
42-12    and fails to keep records required by this chapter;
42-13                (2)  engages in the business of a bonded agent,
42-14    distributor, wholesaler, manufacturer, importer, or retailer
42-15    without a valid permit;
42-16                (3)  is a distributor, wholesaler, manufacturer,
42-17    importer, bonded agent, or retailer and fails to make a report or
42-18    makes a false or incomplete report or application required by this
42-19    chapter to the comptroller; or
42-20                (4)  is a person affected by this chapter and fails or
42-21    refuses to abide by or violates a provision of this chapter or a
42-22    rule adopted by the comptroller under this chapter.
42-23          SECTION 51.  Subdivision (11), Section 155.001, Tax Code, is
42-24    amended to read as follows:   
42-25                (11)  "Permit holder" means a bonded agent,
42-26    distributor, wholesaler, manufacturer, importer, or retailer
42-27    required to obtain a permit under Section 155.041.
 43-1          SECTION 52.  Subsections (a), (b), and (h), Section 155.041,
 43-2    Tax Code, are amended to read as follows:
 43-3          (a)  A person may not engage in business as a distributor,
 43-4    wholesaler, bonded agent, manufacturer, importer, or retailer
 43-5    unless the person has applied for and received the applicable
 43-6    permit from the comptroller.
 43-7          (b)  Each distributor, wholesaler, bonded agent,
 43-8    manufacturer, importer, or retailer shall obtain a permit for each
 43-9    place of business owned or operated by the distributor, wholesaler,
43-10    bonded agent, manufacturer, importer, or retailer.
43-11          (h)  Permits for engaging in business as a distributor,
43-12    wholesaler, bonded agent, manufacturer, importer, or retailer shall
43-13    be governed exclusively by the provisions of this code.
43-14          SECTION 53.  Subsection (a), Section 155.048, Tax Code, is
43-15    amended to read as follows:
43-16          (a)  The comptroller shall issue a permit to a distributor,
43-17    wholesaler, bonded agent, manufacturer, importer, or retailer if
43-18    the comptroller:
43-19                (1)  has received an application and fee, if required;
43-20                (2)  does not reject the application and deny the
43-21    permit under Section 155.0481; and
43-22                (3)  determines that issuing the permit will not
43-23    jeopardize the administration and enforcement of this chapter.
43-24          SECTION 54.  Section 155.111, Tax Code, is amended by adding
43-25    Subsection (d) to read as follows:
43-26          (d)  If more than 50 percent of all untaxed tobacco products
43-27    received by the distributor in this state are actually sold outside
 44-1    of this state, the distributor shall include in the report only
 44-2    tobacco products that are sold in this state.
 44-3          SECTION 55.  Subsection (a), Section 155.201, Tax Code, is
 44-4    amended to read as follows:
 44-5          (a)  A person violates this chapter if the person:
 44-6                (1)  is a distributor, wholesaler, manufacturer,
 44-7    importer, bonded agent, manufacturer's representative, or retailer
 44-8    and fails to keep records required by this chapter;
 44-9                (2)  engages in the business of a bonded agent,
44-10    distributor, wholesaler, manufacturer, importer, or retailer
44-11    without a valid permit;
44-12                (3)  is a distributor, wholesaler, manufacturer,
44-13    importer, bonded agent, or retailer and fails to make a report
44-14    required by this chapter to the comptroller or makes a false or
44-15    incomplete report or application required by this chapter to the
44-16    comptroller; or
44-17                (4)  is a person affected by this chapter and fails or
44-18    refuses to abide by or violates a provision of this chapter or a
44-19    rule adopted by the comptroller under this chapter.
44-20          SECTION 56.  Section 171.076, Tax Code, is amended to read as
44-21    follows:
44-22          Sec. 171.076.  EXEMPTION--COOPERATIVE CREDIT ASSOCIATION.  A
44-23    cooperative credit association incorporated under Chapter 55,
44-24    Agriculture Code, an organization organized under 12 U.S.C. Section
44-25    2071, or an agricultural credit association regulated by the Farm
44-26    Credit Administration is exempted from the franchise tax.
44-27          SECTION 57.  Section 171.1032, Tax Code, is amended by
 45-1    amending Subsection (a) and adding Subsection (c) to read as
 45-2    follows:
 45-3          (a)  Except for the gross receipts of a corporation that are
 45-4    subject to the provisions of Section 171.1061, in apportioning
 45-5    taxable earned surplus, the gross receipts of a corporation from
 45-6    its business done in this state is the sum of the corporation's
 45-7    receipts from:
 45-8                (1)  each sale of tangible personal property if the
 45-9    property is delivered or shipped to a buyer in this state
45-10    regardless of the FOB point or another condition of the sale, and
45-11    each sale of tangible personal property shipped from this state to
45-12    a purchaser in another state in which the seller is not subject to
45-13    any tax on, or measured by, net income, without regard to whether
45-14    the tax is imposed;
45-15                (2)  each service performed in this state;
45-16                (3)  each rental of property situated in this state;
45-17                (4)  the use of a patent, copyright, trademark,
45-18    franchise, or license in this state;
45-19                (5)  each sale of real property located in this state,
45-20    including royalties from oil, gas, or other mineral interests;
45-21    [and]
45-22                (6)  each partnership or joint venture to the extent
45-23    provided by Subsection (c); and
45-24                (7)  other business done in this state.
45-25          (c)  A corporation shall include in its gross receipts
45-26    computed under Subsection (a) the corporation's share of the gross
45-27    receipts of each partnership and joint venture of which the
 46-1    corporation is a part apportioned to this state as though the
 46-2    corporation directly earned the receipts, including receipts from
 46-3    business done with the corporation.
 46-4          SECTION 58.  Section 171.1051, Tax Code, is amended by
 46-5    amending Subsection (a) and adding Subsection (d) to read as
 46-6    follows:
 46-7          (a)  Except for the gross receipts of a corporation that are
 46-8    subject to the provisions of Section 171.1061, in apportioning
 46-9    taxable earned surplus, the gross receipts of a corporation from
46-10    its entire business is the sum of the corporation's receipts from:
46-11                (1)  each sale of the corporation's tangible personal
46-12    property;
46-13                (2)  each service, rental, or royalty; [and]
46-14                (3)  each partnership and joint venture as provided by
46-15    Subsection (d); and
46-16                (4)  other business.
46-17          (d)  A corporation shall include in its gross receipts
46-18    computed under Subsection (a) the corporation's share of the gross
46-19    receipts of each partnership and joint venture of which the
46-20    corporation is a part.
46-21          SECTION 59.  Section 171.106, Tax Code, is amended by adding
46-22    Subsection (h) to read as follows:
46-23          (h)  A banking corporation shall exclude from the numerator
46-24    of the bank's apportionment factor interest earned on federal funds
46-25    and interest earned on securities sold under an agreement to
46-26    repurchase that are held in this state in a correspondent bank that
46-27    is domiciled in this state.  In this subsection, "correspondent"
 47-1    has the meaning assigned by 12 C.F.R. Section 206.2(c).
 47-2          SECTION 60.  Section 171.109, Tax Code, is amended by adding
 47-3    Subsection (n) to read as follows:
 47-4          (n)  A corporation must use the equity method of accounting
 47-5    when reporting an investment in a partnership or joint venture.
 47-6          SECTION 61.  Section 171.1121, Tax Code, is amended by adding
 47-7    Subsection (e) to read as follows:
 47-8          (e)  A corporation's share of a partnership's gross receipts
 47-9    that is included in the corporation's federal taxable income must
47-10    be used in computing the corporation's gross receipts under this
47-11    section.  Unless otherwise provided by this chapter, a corporation
47-12    may not deduct costs incurred from the corporation's share of a
47-13    partnership's gross receipts.  The gross receipts must be
47-14    apportioned as though the corporation directly earned them.
47-15          SECTION 62.  Subsection (b), Section 171.260, Tax Code, is
47-16    amended to read as follows:
47-17          (b)  The savings and loan commissioner shall appoint a
47-18    conservator under Subtitle B or C, Title 3, Finance Code, to pay
47-19    the franchise tax of a savings and loan association [corporation]
47-20    that is organized under the laws of this state and that the
47-21    commissioner certifies as being delinquent in the payment of the
47-22    association's [corporation's] franchise tax.
47-23          SECTION 63.  Subsection (d), Section 171.501, Tax Code, is
47-24    amended to read as follows:
47-25          (d)  The amount of a refund under this section is the lesser
47-26    of $5,000 or 25 percent of the amount of franchise tax due [taxes
47-27    paid] for any one privilege period before any other applicable
 48-1    credits.  For purposes of this subsection, the initial and second
 48-2    periods are considered to be the same privilege period.
 48-3          SECTION 64.  Section 171.655, Tax Code, is amended to read as
 48-4    follows:
 48-5          Sec. 171.655.  LIMITATION.  The credit claimed for each
 48-6    privilege period may not exceed 50 percent of the amount of [net]
 48-7    franchise tax due for the privilege period before [after] any other
 48-8    applicable tax credits.
 48-9          SECTION 65.  Section 171.685, Tax Code, is amended to read as
48-10    follows:
48-11          Sec. 171.685.  LIMITATION.  The total credits claimed under
48-12    this subchapter for a privilege period may not exceed 50 percent of
48-13    the amount of [net] franchise tax due for the privilege period
48-14    before [after] any other applicable tax credits.
48-15          SECTION 66.  Subsection (b), Section 171.705, Tax Code, is
48-16    amended to read as follows:
48-17          (b)  A corporation may not claim a credit in an amount that
48-18    exceeds 90 percent of the amount of tax due for the report before
48-19    any other applicable credits.
48-20          SECTION 67.  Section 171.753, Tax Code, is amended to read as
48-21    follows:
48-22          Sec. 171.753.  CALCULATION OF CREDIT.  A corporation may
48-23    establish a credit equal to five [25] percent of the total wages
48-24    and salaries paid by the corporation for qualifying jobs during the
48-25    period upon which the tax is based.
48-26          SECTION 68.  Section 171.754, Tax Code, is amended to read as
48-27    follows:
 49-1          Sec. 171.754.  LENGTH OF CREDIT.  The credit established
 49-2    shall be established on [claimed in five equal installments of
 49-3    one-fifth the credit amount over the] five consecutive reports
 49-4    beginning with the report based upon the period during which the
 49-5    qualifying jobs were created.
 49-6          SECTION 69.  Section 171.756, Tax Code, is amended to read as
 49-7    follows:
 49-8          Sec. 171.756.  CARRYFORWARD.  (a)  If a corporation is
 49-9    eligible for a credit [from an installment] that exceeds the
49-10    limitations under Section 171.755(a) or (b), the corporation may
49-11    carry the unused credit forward for not more than five consecutive
49-12    reports.
49-13          (b)  A carryforward is considered the remaining portion of a
49-14    credit [an installment] that cannot be claimed in the current year
49-15    because of the tax limitation under Section 171.755.  A
49-16    carryforward is added to the next year's [installment of the]
49-17    credit in determining the tax limitation for that year.  A credit
49-18    carryforward from a previous report is considered to be utilized
49-19    before the current year credit [installment].
49-20          SECTION 70.  Section 171.831, Tax Code, is amended to read as
49-21    follows:
49-22          Sec. 171.831.  DEFINITION.  In this subchapter, "school-age
49-23    child care" means care provided before or [and] after school and
49-24    during the summer and holidays for children who are at least five
49-25    years of age but younger than 14 years of age.
49-26          SECTION 71.  Subsection (c), Section 171.834, Tax Code, is
49-27    amended to read as follows:
 50-1          (c)  A corporation may not claim a credit in an amount that
 50-2    exceeds 50 percent of the amount of [net] franchise tax due, before
 50-3    [after] applying any other credits, for the reporting period.
 50-4          SECTION 72.  Chapter 171, Tax Code, is amended by adding
 50-5    Subchapter S to read as follows:
 50-6                     SUBCHAPTER S.  CREDITS LIMITATION
 50-7          Sec. 171.851.  LIMITATION.  The total credits claimed under
 50-8    this chapter for a report, including the amount of any carryforward
 50-9    credits, may not exceed the amount of franchise tax due for the
50-10    report.
50-11          SECTION 73.  Section 211.055, Tax Code, is amended to read as
50-12    follows:
50-13          Sec. 211.055.  MAXIMUM TAX.  The amount of tax imposed by
50-14    this chapter may not exceed the amount of the tax imposed under
50-15    Section 2001, Internal Revenue Code, reduced by the unified credit
50-16    provided under Section 2010, Internal Revenue Code [taxes imposed
50-17    by this chapter, when added to the federal tax as finally assessed
50-18    and determined, may not exceed the amount of the federal tax which,
50-19    without application of this chapter and the federal credit and the
50-20    generation-skipping transfer tax credit to which it refers, would
50-21    otherwise be payable to the federal government under Subtitle B,
50-22    Chapters 11 and 13, Internal Revenue Code].
50-23          SECTION 74.  Section 321.102, Tax Code, is amended by
50-24    amending Subsection (g) and adding Subsections (h) and (i) to read
50-25    as follows:
50-26          (g)  Subsections (e) and (f) do not apply if and during any
50-27    period in which a local governmental entity has outstanding
 51-1    indebtedness or obligations that are payable wholly or partly from
 51-2    the sales and use tax revenue of the entity.  A municipality may
 51-3    not implement the imposition or increase of the sales and use tax
 51-4    as a result of the circumstances described by Subsection (e) if, as
 51-5    a result of the implementation of that imposition or increase, the
 51-6    combined rate of all sales and use taxes imposed by the
 51-7    municipality, the local governmental entity, and any other
 51-8    political subdivisions having territory in the district would
 51-9    exceed two percent at any location in the municipality.
51-10          (h)  A transit authority is not a local governmental entity
51-11    for the purposes of Subsections (e) and (f).
51-12          (i)  Subsection (g) does not apply to a local governmental
51-13    entity or political subdivision created under Chapter 326, Local
51-14    Government Code.
51-15          SECTION 75.  Subchapter D, Chapter 321, Tax Code, is amended
51-16    by adding Section 321.312 to read as follows:
51-17          Sec. 321.312.  RETENTION OF CERTAIN MUNICIPAL SALES TAXES.  A
51-18    municipality that holds a sales and use tax permit issued by the
51-19    comptroller and that imposes a sales and use tax may retain the
51-20    portion of the tax that the municipality collects and that
51-21    constitutes the municipality's own tax.  The municipality shall
51-22    remit to the comptroller all other applicable local sales and use
51-23    taxes and the state sales and use tax.
51-24          SECTION 76.  Subchapter D, Chapter 322, Tax Code, is amended
51-25    by adding Section 322.306 to read as follows:
51-26          Sec. 322.306.  RETENTION OF CERTAIN SPECIAL PURPOSE DISTRICT
51-27    SALES TAXES.  A taxing entity that holds a sales and use tax permit
 52-1    issued by the comptroller and that imposes a sales and use tax may
 52-2    retain the portion of the tax that the taxing entity collects and
 52-3    that constitutes the entity's own tax.  The taxing entity shall
 52-4    remit to the comptroller all other applicable local sales and use
 52-5    taxes and the state sales and use tax.
 52-6          SECTION 77.  Subchapter D, Chapter 323, Tax Code, is amended
 52-7    by adding Section 323.312 to read as follows:
 52-8          Sec. 323.312.  RETENTION OF CERTAIN COUNTY SALES TAXES.  A
 52-9    county that holds a sales and use tax permit issued by the
52-10    comptroller and that imposes a sales and use tax may retain the
52-11    portion of the tax that the county collects and that constitutes
52-12    the county's own tax.  The county shall remit to the comptroller
52-13    all other applicable local sales and use taxes and the state sales
52-14    and use tax.
52-15          SECTION 78.  Subsection (a), Section 311.045, Health and
52-16    Safety Code, is amended to read as follows:
52-17          (a)  A nonprofit hospital or hospital system shall annually
52-18    satisfy the requirements of this subchapter and of Sections
52-19    11.18(d)(1), 151.310(a)(2) and (e), and 171.063(a)(1), Tax Code, to
52-20    provide community benefits which include charity care and
52-21    government-sponsored indigent health care by complying with one or
52-22    more of the standards set forth in Subsection (b).  The hospital or
52-23    hospital system shall file a statement with the Bureau of State
52-24    Health Data and Policy Analysis at the department and[, with] the
52-25    chief appraiser of the local appraisal district[, and with the
52-26    comptroller's office] no later than the 120th day after the
52-27    hospital's or hospital system's fiscal year ends, stating which of
 53-1    the standards in Subsection (b) have been satisfied, provided,
 53-2    however, that the first report shall be filed no later than the
 53-3    120th day after the end of the hospital's or hospital system's
 53-4    fiscal year ending during 1994.  For hospitals in a hospital
 53-5    system, the corporate parent may elect to satisfy the charity care
 53-6    requirements of this subchapter for each of the hospitals within
 53-7    the system on a consolidated basis.
 53-8          SECTION 79.  Section 2153.002(1), Occupations Code, is
 53-9    amended to read as follows:
53-10                (1)  "Coin-operated machine" means any kind of machine
53-11    or device operated by or with a coin or other United States
53-12    currency, metal slug, token, electronic card, or check, including a
53-13    music or skill or pleasure coin-operated machine.
53-14          SECTION 80.  Section 74.402, Property Code, is amended to
53-15    read as follows:
53-16          Sec. 74.402.  NOTICE OF SALE.  Before the 21st day preceding
53-17    the day on which a public sale is held under Section 74.401, the
53-18    comptroller shall publish notice of the sale in a newspaper of
53-19    general circulation in Travis County or in the county where the
53-20    sale is to be held.  If the public sale is to be held on the
53-21    Internet or by an online auction, the comptroller may post the
53-22    notice on the comptroller's own website before the seventh day
53-23    preceding the date on which the sale or auction is held.
53-24          SECTION 81.  Subsection (e), Section 11.011, Texas Racing Act
53-25    (Article 179e, Vernon's Texas Civil Statutes), is amended to read
53-26    as follows:
53-27          (e)  The racetrack where the wager is made is responsible for
 54-1    reporting and remitting the state's share of the pari-mutuel pool.
 54-2    [If intrastate wagering pools are combined between tracks, the
 54-3    track where the race originates is responsible for the state's
 54-4    share of the pari-mutuel pool regardless of whether a shortage or
 54-5    error occurred at the originating track or receiving track.]
 54-6          SECTION 82.  Section 1, Article 6550c-1, Revised Statutes, is
 54-7    amended by amending Subdivision (6) and adding Subdivision (7) to
 54-8    read as follows:
 54-9                (6)  "District property" means all property the
54-10    district owns or leases under a long-term lease.
54-11                (7)  "System" means all of the commuter rail and
54-12    intermodal facilities leased or owned by or operated on behalf of a
54-13    district created under this article.
54-14          SECTION 83.  Section 9, Article 6550c-1, Revised Statutes, is
54-15    amended to read as follows:
54-16          Sec. 9.  SALES AND USE TAXES.  (a)  A [district shall collect
54-17    or cause to be collected] sales and use tax is imposed [taxes] on
54-18    items sold on district property.  The sales and use tax shall be
54-19    imposed [collected] at the rate of the highest combination of
54-20    [state and] local sales and use taxes imposed at the time of the
54-21    district's creation in any local governmental jurisdiction which is
54-22    a member of a district.  The [After deducting the state share of
54-23    sales and use taxes, the] comptroller shall remit to a district the
54-24    local sales and use tax collected on the district's property.  All
54-25    other local sales and use taxes that would otherwise be imposed on
54-26    district property are preempted by the imposition of this tax.
54-27          (b)  The comptroller shall administer, collect, and enforce a
 55-1    tax imposed under this Act.  Chapter 321, Tax Code, governs the
 55-2    computation, administration, governance, and use of the tax except
 55-3    as inconsistent with this Act.
 55-4          (c)  The district shall notify the comptroller in writing by
 55-5    United States registered or certified mail of the district's
 55-6    creation and of its intent to impose the sales and use tax under
 55-7    this Act.  The district shall provide to the comptroller all
 55-8    information required to implement the tax, including:
 55-9                (1)  an adequate map showing the property boundaries of
55-10    the district;
55-11                (2)  a certified copy of the resolution of the district
55-12    board adopting the tax; and
55-13                (3)  certified copies of the resolutions of the
55-14    governing bodies of the municipalities creating the district and of
55-15    the commissioners courts in the counties in which the
55-16    municipalities are located.
55-17          (d)  Not later than the 30th day after the date the
55-18    comptroller receives the notice, map, and other information, the
55-19    comptroller shall inform the district whether the comptroller is
55-20    prepared to administer the tax.
55-21          (e)  At the same time the district notifies the comptroller
55-22    under Subsection (c) of this section, the district shall notify
55-23    each affected local governmental jurisdiction of the district's
55-24    creation and provide each jurisdiction with an adequate map showing
55-25    the property boundaries of the district.
55-26          (f)  Not later than the 30th day after the date the district
55-27    acquires additional territory, the district shall notify the
 56-1    comptroller and each affected local governmental jurisdiction of
 56-2    the acquisition.  The district must include with each notification
 56-3    an adequate map showing the new property boundaries of the district
 56-4    and the date the additional territory was acquired.  Not later than
 56-5    the 30th day after the date the comptroller receives the notice
 56-6    under this subsection, the comptroller shall inform the district
 56-7    whether the comptroller is prepared to administer the tax in the
 56-8    additional territory.
 56-9          (g)  A tax imposed under this Act or the repeal of a tax
56-10    abolished under this Act takes effect on the first day of the first
56-11    complete calendar quarter that occurs after the expiration of the
56-12    first complete calendar quarter that occurs after the date the
56-13    comptroller receives a notice of the action as required by this
56-14    section.
56-15          SECTION 84.  The following provisions of the Tax Code are
56-16    repealed:
56-17                (1)  Subsections (d) and (e), Section 151.319;
56-18                (2)  Subsections (c) and (d), Section 171.757; and
56-19                (3)  Subsection (b), Section 201.052.
56-20          SECTION 85.  Each change in law made by this Act to the
56-21    following provisions is a clarification of existing law and does
56-22    not imply that existing law may be construed as inconsistent with
56-23    the law as amended by this Act:
56-24                (1)  Subsection (b), Section 111.0081, Tax Code;
56-25                (2)  Subsection (a), Section 151.007, Tax Code;
56-26                (3)  Section 151.010, Tax Code;
56-27                (4)  Section 151.057, Tax Code;
 57-1                (5)  Subsection (b), Section 151.257, Tax Code;
 57-2                (6)  Subsection (a), Section 151.308, Tax Code;
 57-3                (7)  Subsection (d), Section 151.310, Tax Code;
 57-4                (8)  Section 151.313, Tax Code;
 57-5                (9)  Subsection (a), Section 151.317, Tax Code;
 57-6                (10)  Subsections (a) and (t), Section 151.318, Tax
 57-7    Code;
 57-8                (11)  Subsection (e), Section 151.3185, Tax Code;
 57-9                (12)  Subsection (b), Section 151.319, Tax Code;
57-10                (13)  Subsection (a), Section 152.047, Tax Code;
57-11                (14)  Subsection (d), Section 152.091, Tax Code;
57-12                (15)  Subdivision (25), Section 153.001, Tax Code;
57-13                (16)  Subsection (i), Section 153.018, Tax Code;
57-14                (17)  Subsection (a), Section 153.117, Tax Code;
57-15                (18)  Section 153.205, Tax Code;
57-16                (19)  Subsection (c), Section 153.206, Tax Code;
57-17                (20)  Subsection (j), Section 153.219, Tax Code;
57-18                (21)  Subsections (a) and (c), Section 153.221, Tax
57-19    Code;
57-20                (22)  Subdivision (13), Section 154.001, Tax Code;
57-21                (23)  Subsections (a), (b), and (h), Section 154.101,
57-22    Tax Code;
57-23                (24)  Subsection (a), Section 154.102, Tax Code;
57-24                (25)  Subsection (a), Section 154.110, Tax Code;
57-25                (26)  Subsection (a), Section 154.501, Tax Code;
57-26                (27)  Subdivision (11), Section 155.001, Tax Code;
57-27                (28)  Subsections (a), (b), and (h), Section 155.041,
 58-1    Tax Code;
 58-2                (29)  Subsection (a), Section 155.048, Tax Code;
 58-3                (30)  Subsection (a), Section 155.201, Tax Code;
 58-4                (31)  Subsections (a) and (c), Section 171.1032, Tax
 58-5    Code;
 58-6                (32)  Subsections (a) and (d), Section 171.1051, Tax
 58-7    Code;
 58-8                (33)  Subsection (e), Section 171.1121, Tax Code;
 58-9                (34)  Subsection (b), Section 171.260, Tax Code;
58-10                (35)  Section 171.831, Tax Code; and
58-11                (36)  Subchapter S, Chapter 171, Tax Code.
58-12          SECTION 86.  (a)  The changes to Subsection (b), Section
58-13    326.023, Local Government Code, made by Section 2 of this Act apply
58-14    only to a petition filed with a commissioners court on or after the
58-15    effective date of that section.  A petition filed before that date
58-16    is governed by the law in effect on the date the petition is filed,
58-17    and that law is continued in effect for that purpose.
58-18          (b)  The changes to Section 326.029, Local Government Code,
58-19    made by Section 3 of this Act apply only to an order issued on or
58-20    after the effective date of that section.  An order issued before
58-21    that date is governed by the law in effect on the date the order is
58-22    issued, and that law is continued in effect for that purpose.
58-23          SECTION 87.  The comptroller of public accounts may adopt
58-24    rules and take other actions before October 1, 2001, as the
58-25    comptroller considers necessary or advisable to prepare for this
58-26    Act to take effect.
58-27          SECTION 88.  (a)  Except as otherwise provided by this
 59-1    section, this Act takes effect September 1, 2001.
 59-2          (b)  Sections 12, 13, 14, 15, 17 through 26, 29 through 55,
 59-3    75 through 77, and 81 of this Act, and Subdivisions (1) and (3),
 59-4    Section 84, of this Act, take effect October 1, 2001.
 59-5          (c)  Sections 57 through 72 of this Act and Subdivision (2),
 59-6    Section 84, of this Act take effect January 1, 2002, and apply to a
 59-7    report originally due on or after that date.