By:  Armbrister                                       S.B. No. 1125
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to technical changes to statutes involving taxes or fees
 1-3     administered by the Comptroller of Public Accounts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 43.0751(k), Local Government Code, is
 1-6     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.  The Municipal Sales
1-11     and Use Tax Act (Chapter 321, Tax Code) governs the imposition,
1-12     computation, administration, governance, and abolition of a
1-13     municipal sales and use tax imposed in such district except as
1-14     inconsistent with this section.
1-15           SECTION 2.  Section 326.023(b), Local Government Code, is
1-16     amended to read as follows:
1-17           (b)  The petition must:
1-18                 (1)  include a name for the proposed district that
1-19     describes the location of the district followed by the words
1-20     "Library District";
1-21                 (2)  describe the boundaries of the district by:
1-22                       (A)  metes and bounds;
1-23                       (B)  lot and block number, if there is a recorded
 2-1     map of the area; or
 2-2                       (C)  other sufficient legal description;
 2-3                 (3)  include the names of five persons who are willing
 2-4     and qualified to serve as the initial board of trustees of the
 2-5     district if elected at the election to create the district; [and]
 2-6                 (4)  include the rate of the sales tax that would be
 2-7     imposed by the board of the proposed district on approval of the
 2-8     district; and
 2-9                 (5)  include a listing of all known businesses
2-10     identified in the proposed boundaries of the district.
2-11           SECTION 3.  Subsections (c) and (d), Section 326.029(c),
2-12     Local Government Code, are amended to read as follows:
2-13           (c)  The order canvassing the results of the election must:
2-14                 (1)  contain a description of the district's boundaries
2-15     together with a map of the district; [and]
2-16                 (2)  [be filed in the deed records of the county in
2-17     which the district is located] state the date of the  election; and
2-18                 (3)  contain a listing of the total number of votes
2-19     cast for and against the ballot proposition.
2-20           (d)  The order issued by a commissioners court canvassing the
2-21     results of the election must be:
2-22                 (1)  filed in the deed records of the county in which
2-23     the library district is located; and
2-24                 (2)  mailed or delivered to the comptroller not later
2-25     than the thirtieth day after the date the order is issued.
2-26           SECTION 4.  Subchapter F of Chapter 363, Local Government
 3-1     Code, is amended by adding Section 363.261, to read as follows:
 3-2           Section 363.261.  Effective Date of Tax Change  (a)  If a
 3-3     majority of the votes cast in a continuation election or a
 3-4     dissolution election held under this chapter are against
 3-5     continuation of the district or in favor of its dissolution, the
 3-6     board shall notify the comptroller in writing not later than the
 3-7     10th day after the canvass of the election returns.
 3-8           (b)  If the crime control district is to be dissolved or not
 3-9     continued as a result of the election, the abolition of the local
3-10     crime control sales and use tax is effective on the first day of
3-11     the first calendar quarter that occurs after the expiration of the
3-12     first complete calendar quarter that occurs after the comptroller
3-13     receives a notice of the results of the continuation or dissolution
3-14     election.
3-15           (c)  If the comptroller determines that an effective date
3-16     provided by Subsection (b) will occur before the comptroller can
3-17     reasonably take the action required to implement abolition of the
3-18     tax, the comptroller may extend the effective date until the first
3-19     day of the next succeeding calendar quarter.
3-20           SECTION 5.  Section 378.004, Local Government Code, is
3-21     amended to read as follows:
3-22           Sec. 378.004.  Municipal Powers.  In addition to other powers
3-23     that a municipality may exercise, a municipality may:
3-24                 (1)  waive or adopt fees related to the construction of
3-25     buildings in the zone, including fees related to the inspection of
3-26     buildings and impact fees;
 4-1                 (2)  enter into agreements, for a period of not more
 4-2     than 10 years, for the purpose of benefiting the zone, for sales
 4-3     tax refunds [or abatements] of municipal sales tax on sales made in
 4-4     the zone;
 4-5                 (3)  enter into agreements abating municipal property
 4-6     taxes on property in the zone subject to the duration limits of
 4-7     Section 312.204, Tax Code; and
 4-8                 (4)  set baseline performance standards, such as the
 4-9     Energy Star Program as developed by the Department of Energy, to
4-10     encourage the use of alternative building materials that address
4-11     concerns relating to the environment or to the building costs,
4-12     maintenance, or energy consumption.
4-13           SECTION 6.  Section 383.104, Local Government Code, is
4-14     amended by adding Subsection (c) to read as follows:
4-15           (c)  If no sales tax imposed under this chapter has been
4-16     collected within the district within twelve months of its effective
4-17     date, the district's sales and use tax will automatically be
4-18     discontinued by operation of law.  The comptroller shall notify the
4-19     board of directors of the district and the county commissioners
4-20     court of the county in which the district is located of the
4-21     discontinuance of the tax.  The district's sales and use tax may be
4-22     imposed again after its discontinuance by following the same
4-23     procedures provided under this chapter for its initial imposition.
4-24           SECTION 7.  Section 25.00212(a), Government Code, is amended
4-25     to read as follows:
4-26           (a)  At the end of each state fiscal year the comptroller
 5-1     shall determine the amounts deposited in the judicial fund under
 5-2     Section 51.704 [51.703] and the amounts paid to the counties under
 5-3     Section 25.00211.  If the total amount paid under Section 51.704 by
 5-4     all counties exceeds the total paid to the counties under Section
 5-5     25.00211, the state shall remit the excess to the counties
 5-6     proportionately based on the percentage of the total paid by each
 5-7     county.
 5-8           SECTION 8.  Section 111.0081(b), Tax Code, is amended by to
 5-9     read as follows:
5-10           (b)  This section does not apply to a determination under
5-11     Section 111.022 [151.506] of this code.
5-12           SECTION 9.  Section 111.301 (e), Tax Code, is amended to read
5-13     as follows:
5-14           (e)  Application for the refund is to the comptroller.  The
5-15     application must:
5-16                 (1)  be made on the form prescribed by the comptroller;
5-17                 (2)  have attached a tax receipt from the assessor and
5-18     collector of taxes for the school district showing full payment of
5-19     school district ad valorem taxes on the property for the tax year
5-20     for which the refund is sought; and
5-21                 (3)  include sufficient information for the comptroller
5-22     to determine the portion of the ad valorem taxes paid to a school
5-23     district by the person for the applicable tax year on the property
5-24     that the person would not have been required to pay if the school
5-25     district had entered into a tax abatement agreement concerning the
5-26     property that included the same terms, including terms governing
 6-1     the portion of the property that is to be exempt from taxation
 6-2     under the agreement, as specified in the [applicable] municipal or
 6-3     county tax abatement agreement on which the refund amount is to be
 6-4     based.
 6-5           SECTION 10.  Subsections (b) and (d), Section 111.302, Tax
 6-6     Code, are amended to read as follows:
 6-7           (b)  Applications for refund must be filed before August 1 of
 6-8     the year following the tax year for which the person applying has
 6-9     paid ad valorem taxes described by Section 111.301(a).  Within 90
6-10     [60] days thereafter, the comptroller shall compute the total
6-11     amount eligible for refund.
6-12           (d)  If an eligible person has entered into tax abatement
6-13     agreements with the municipality and the county, and the agreements
6-14     provided to the comptroller show that the agreements exempt
6-15     different portions of property value, the refund amount shall be
6-16     calculated based on the greater of the portions exempted.
6-17           SECTION 11.  Section 111.304, Tax Code, is amended to read as
6-18     follows:
6-19           Not later than December 1, 1999, and December 1 of each
6-20     subsequent year, the comptroller shall submit an annual report to
6-21     the legislature.  The report:
6-22                 (1)  must document the applications for refunds filed
6-23     with the comptroller under this subchapter;
6-24                 (2)  must document the refunds paid by the comptroller
6-25     under this chapter; and
6-26                 (3)  [must contain relevant information obtained from
 7-1     the Texas Department of Commerce, including information to
 7-2     demonstrate the relationship between tax refunds under this
 7-3     subchapter and the economy; and]
 7-4                 [(4)]  may include any other relevant information that
 7-5     the comptroller determines is applicable to this subchapter or to
 7-6     Chapter 312.
 7-7           SECTION 12.  Section 151.007(a), Tax Code, is amended to read
 7-8     as follows:
 7-9           (a)  Except as provided by Subsections (c) and (d) of this
7-10     section, "sales price" or "receipts" means the total amount for
7-11     which a taxable item is sold, leased, or rented, valued in money,
7-12     without a deduction for the cost of:
7-13                 (1)  the taxable item sold, leased, or rented;
7-14                 (2)  the materials used, labor or service employed,
7-15     interest, losses, or other expenses;
7-16                 (3)  the transportation or installation of tangible
7-17     personal property; or
7-18                 (4)  transportation incident to the performance of a
7-19     taxable service.
7-20           SECTION 13.  Section 151.010, Tax Code, is amended to read as
7-21     follows:
7-22           Sec. 151.010.  "TAXABLE ITEM."  "Taxable item" means tangible
7-23     personal property and taxable services.  For purposes of this
7-24     chapter and unless otherwise  provided for in this chapter, the
7-25     sale or use of a taxable item in electronic form instead of on
7-26     physical media does not alter its tax status.
 8-1           SECTION 14.  Section 151.057, Tax Code, is amended to read as
 8-2     follows:
 8-3           Sec. 151.057.  Services by Employees.
 8-4           The following services are not taxable under this chapter:
 8-5           (1)  a service performed by an employee for his employer in
 8-6     the regular course of business, within the scope of the employee's
 8-7     duties, and for which the employee is paid his regular wage or
 8-8     salary;
 8-9           (2)  a service performed by an employee of a temporary
8-10     employment service as defined in Chapter 93, Labor Code, [a
8-11     temporary help service] for an employer to supplement the
8-12     employer's existing work force on a temporary basis, when the
8-13     service is normally performed by the employer's own employees, the
8-14     employer provides all supplies and equipment necessary, and the
8-15     help is under the direct or general supervision of the employer to
8-16     whom the help is furnished; or
8-17           (3)  a service performed by assigned employees of a staff
8-18     leasing company, either licensed under Chapter 91, Labor Code, or
8-19     exempt from the licensing requirements of the Labor Code, for a
8-20     client company under a written contract that provides for shared
8-21     employment responsibilities between the staff leasing company and
8-22     the client company for the assigned employees, most of whom must
8-23     have been previously employed by the client company.  The
8-24     comptroller shall prescribe by rule the minimum percentage of
8-25     assigned employees that must have been previously employed by the
8-26     client company, the minimum time period the assigned employees must
 9-1     have been employed by the client company prior to the commencement
 9-2     of its contract, and such other criteria as the comptroller may
 9-3     deem necessary to properly implement this section.
 9-4           SECTION 15.  Section 151.257(b), Tax Code, is amended to read
 9-5     as follows:
 9-6           (b)  If the security filed by the person is a surety bond,
 9-7     the comptroller shall send a copy of the determination to each
 9-8     surety on the bond and shall demand payment from both the person
 9-9     filing the bond and each surety.  A surety's obligation under this
9-10     bond is not affected by the surety's having no record of the
9-11     receipt of a copy of the comptroller's determination notice or
9-12     payment demand.
9-13           SECTION 16.  Chapter 151, Tax Code, is amended by adding
9-14     Section 151.3021 to read as follows:
9-15           Sec. 151.3021.  PACKAGING SUPPLIES AND WRAPPING.
9-16     (a)  Internal and external wrapping, packing, and packaging
9-17     supplies are exempted from the taxes imposed by this chapter if
9-18     sold to a laundry or dry cleaner for use in wrapping, packing, or
9-19     packaging an item that has been pressed and dry cleaned or
9-20     laundered by the person operating as a laundry or dry cleaner in
9-21     the regular course of business.
9-22           (b)  In this section:
9-23                 (1)  "Laundry or dry cleaner" does not include coin
9-24     operated or other self service garment cleaning facilities.
9-25                 (2)  "Wrapping, packing, and packing supplies" means
9-26     hangers, safety pins, pins, inventory tags, staples, boxes, paper
 10-1    wrappers, and plastic bags.
 10-2          SECTION 17.  Section 151.308(a), Tax Code, is amended to read
 10-3    as follows:
 10-4          (a)  The following items are exempted from the taxes imposed
 10-5    by this chapter:
 10-6                (1)  oil as taxed by Chapter 202;
 10-7                (2)  sulphur as taxed by Chapter 203;
 10-8                (3)  motor fuels and special fuels as defined, taxed,
 10-9    or exempted by Chapter 153;
10-10                (4)  cement as taxed by Chapter 181;
10-11                (5)  motor vehicles, trailers, and semitrailers as
10-12    defined, taxed, or exempted by Chapter 152 or 157, other than a
10-13    mobile office as defined by Section 152.001(16);
10-14                (6)  mixed beverages, ice, or nonalcoholic beverages
10-15    and the preparation or service of these items if the receipts are
10-16    taxable by Chapter 183 [Chapter 202, Alcoholic Beverage Code];
10-17                (7)  alcoholic beverages when sold to the holder of a
10-18    private club registration permit or to the agent or employee of the
10-19    holder of a private club registration permit if the holder or the
10-20    agent or employee is acting as the agent of the members of the club
10-21    and if the beverages are to be served on the premises of the club;
10-22                (8)  oil well service as taxed by Subchapter E, Chapter
10-23    191; and
10-24                (9)  insurance premiums subject to gross premiums
10-25    taxes.
10-26          SECTION 18.  Section 151.310, Tax Code, is amended by
 11-1    amending subsection (d) and adding subsection (f), to read as
 11-2    follows:
 11-3          (d)  If two or more organizations jointly hold a tax-free
 11-4    sale or auction, each [neither] organization may hold one
 11-5    additional [another] tax-free sale or auction during the calendar
 11-6    year in which the joint sale or auction is held.  The employment of
 11-7    and payment of a reasonable fee to an auctioneer to conduct a
 11-8    tax-free auction does not disqualify an otherwise qualified
 11-9    organization from receiving the exemption provided by Subsection
11-10    (c) [of this section].
11-11          (f)  A joint venture or partnership formed between a
11-12    nonprofit hospital or hospital system that qualifies for an
11-13    exemption under subsection (e) of this section and a for-profit
11-14    entity is entitled to an exemption from the tax imposed by this
11-15    chapter on its purchases in proportion to the community benefits
11-16    provided by the joint venture or partnership that include charity
11-17    care and government-sponsored indigent health care, in the same
11-18    manner as provided in Subchapter D, Chapter 311, Health and Safety
11-19    Code.
11-20          SECTION 19.  Section 151.313, Tax Code, is amended by
11-21    amending Subsection (a) and adding Subsection (c) to read as
11-22    follows:
11-23          (a)  The following items are exempted from the taxes imposed
11-24    by this chapter:
11-25                (1)  a drug or medicine, other than insulin, if
11-26    prescribed or dispensed for a human or animal by a licensed
 12-1    practitioner of the healing arts;
 12-2                (2)  insulin;
 12-3                (3)  a drug or medicine, without regard to whether it
 12-4    is prescribed or dispensed by a licensed practitioner of the
 12-5    healing arts[, that is labeled with a national drug code issued by
 12-6    the federal Food and Drug Administration].
 12-7                (4)  a hypodermic syringe or needle;
 12-8                (5)  a brace; hearing aid or audio loop; orthopedic,
 12-9    dental, or prosthetic device; ileostomy, colostomy, or ileal
12-10    bladder appliance; or supplies or replacement parts for the listed
12-11    items;
12-12                (6)  a therapeutic appliance, device, and any related
12-13    supplies specifically designed for those products, if dispensed or
12-14    prescribed by a licensed practitioner of the healing arts, when
12-15    those items are purchased and used by an individual for whom the
12-16    items listed in this subdivision were dispensed or prescribed;
12-17                (7)  corrective lens and necessary and related
12-18    supplies, if dispensed or prescribed by an ophthalmologist or
12-19    optometrist;
12-20                (8)  specialized printing or signalling equipment used
12-21    by the deaf for the purpose of enabling the deaf to communicate
12-22    through the use of an ordinary telephone and all materials, paper,
12-23    and printing ribbons used in that equipment;
12-24                (9)  a braille wristwatch, braille writer, braille
12-25    paper and braille electronic equipment that connects to computer
12-26    equipment, and the necessary adaptive devices and adaptive computer
 13-1    software;
 13-2                (10)  each of the following items if purchased for use
 13-3    by the blind to enable them to function more independently:  a
 13-4    slate and stylus, print enlarger, light probe, magnifier, white
 13-5    cane, talking clock, large print terminal, talking terminal, or
 13-6    harness for guide dog;
 13-7                (11)  hospital beds; and
 13-8                (12)  blood glucose monitoring strips; [and]
 13-9                (13)  an adjustable eating utensil used to facilitate
13-10    independent eating if purchased for use by a person, including a
13-11    person who is elderly or physically disabled, has had a stroke, or
13-12    is a burn victim, who does not have full use or control of the
13-13    person's hands or arms; and[.]
13-14                (14)  a dietary supplement.
13-15          (c)  In this section:
13-16                (1)  A product is a drug or medicine if:
13-17                      (A)  the product:
13-18                            (i)  is intended for use in the diagnosis,
13-19    cure, mitigation, treatment, or prevention of disease, illness,
13-20    injury or pain;
13-21                            (ii)  is applied to the human body or is a
13-22    product that humans ingest or inhale;
13-23                            (iii)  is not an appliance or device; and
13-24                            (iv)  is not food; or
13-25                      (B)  the product is labeled or required to be
13-26    labeled with a "Drug Facts" panel pursuant to the regulations of
 14-1    the federal Food and Drug Administration.
 14-2                (2)  A product is a dietary supplement if:
 14-3                      (A)  the product:
 14-4                            (i)  contains one or more vitamins,
 14-5    minerals, herbs, amino acids, or substances that are intended to
 14-6    increase caloric intake;
 14-7                            (ii)  is not represented as food or the
 14-8    sole item of a meal or the diet; and
 14-9                            (iii)  is labeled "dietary supplement" or
14-10    "supplement"; or
14-11                      (B)  the product is labeled or required to be
14-12    labeled with a "Supplement Facts" panel pursuant to the regulations
14-13    of the federal Food and Drug Administration.
14-14          SECTION 20.  Section 151.317(a), Tax Code, is amended to read
14-15    as follows:
14-16          (a)  Subject to Subsection (d), gas and electricity are
14-17    exempted from the taxes imposed by this chapter when sold for:
14-18                (1)  residential use;
14-19                (2)  use in powering equipment exempt under Sections
14-20    [Section] 151.318 or 151.3185 by a person processing tangible
14-21    personal property for sale as tangible personal property, other
14-22    than preparation or storage of food for immediate consumption;
14-23                (3)  use in lighting, cooling, and heating in the
14-24    manufacturing area during the actual manufacturing or processing of
14-25    tangible personal property for sale as tangible personal property,
14-26    other than preparation or storage of food for immediate
 15-1    consumption;
 15-2                (4)  use directly in exploring for, producing, or
 15-3    transporting, a material extracted from the earth;
 15-4                (5)  use in agriculture, including dairy or poultry
 15-5    operations and pumping for farm or ranch irrigation;
 15-6                (6)  use directly in electrical processes, such as
 15-7    electroplating, electrolysis, and cathodic protection;
 15-8                (7)  use directly in the off-wing processing, overhaul,
 15-9    or repair of a jet turbine engine or its parts for a certificated
15-10    or licensed carrier of persons or property;
15-11                (8)  use directly in providing, under contracts with or
15-12    on behalf of the United States government or foreign governments,
15-13    defense or national security-related electronics, classified
15-14    intelligence data processing and handling systems, or
15-15    defense-related platform modifications or upgrades; [or]
15-16                (9)  a direct or indirect use, consumption, or loss of
15-17    electricity by an electric utility engaged in the purchase of
15-18    electricity for resale; or
15-19                (10)  use in timber operations, including pumping for
15-20    irrigation of timber land.
15-21          SECTION 21.  Section 151.318(a), Tax Code, is amended to read
15-22    as follows:
15-23          (a)  The following items are exempted from the taxes imposed
15-24    by this chapter if sold, leased, or rented to, or stored, used, or
15-25    consumed by a manufacturer:
15-26                (1)  tangible personal property that will become an
 16-1    ingredient or component part of tangible personal property
 16-2    manufactured, processed, or fabricated for ultimate sale;
 16-3                (2)  tangible personal property directly used or
 16-4    consumed in or during the actual manufacturing, processing, or
 16-5    fabrication of tangible personal property for ultimate sale if the
 16-6    use or consumption of the property is necessary or essential to the
 16-7    manufacturing, processing, or fabrication operation and directly
 16-8    makes or causes a chemical or physical change to:
 16-9                      (A)  the product being manufactured, processed,
16-10    or fabricated for ultimate sale; or
16-11                      (B)  any intermediate or preliminary product that
16-12    will become an ingredient or component part of the product being
16-13    manufactured, processed, or fabricated for ultimate sale;
16-14                (3)  services performed directly on the product being
16-15    manufactured prior to its distribution for sale and for the purpose
16-16    of making the product more marketable;
16-17                (4)  actuators, steam production equipment and its
16-18    fuel, in-process flow through tanks, cooling towers, generators,
16-19    heat exchangers, transformers and the switches, breakers, capacitor
16-20    banks, regulators, relays, reclosers, fuses, interruptors,
16-21    reactors, arrestors, resistors, insulators, instrument
16-22    transformers, and telemetry units that are related to the
16-23    transformers, electronic control room equipment, computerized
16-24    control units, pumps, compressors, and hydraulic units, that are
16-25    used to power, supply, support, or control equipment that qualifies
16-26    for exemption under Subdivision (2) or (5) or to generate
 17-1    electricity, chilled water, or steam for ultimate sale;
 17-2    transformers located at an electric generating facility that
 17-3    increase the voltage of electricity generated for ultimate sale,
 17-4    the electrical cable that carries the electricity from the electric
 17-5    generating equipment to the step-up transformers, and the switches,
 17-6    breakers, capacitor banks, regulators, relays, reclosers, fuses,
 17-7    interruptors, reactors, arrestors, resistors, insulators,
 17-8    instrument transformers, and telemetry units that are related to
 17-9    the step-up transformers; and transformers that decrease the
17-10    voltage of electricity generated for ultimate sale and the
17-11    switches, breakers, capacitor banks, regulators, relays, reclosers,
17-12    fuses, interruptors, reactors, arrestors, resistors, insulators,
17-13    instrument transformers, and telemetry units that are related to
17-14    the step-down transformers;
17-15                (5)  tangible personal property used or consumed in the
17-16    actual manufacturing, processing, or fabrication of tangible
17-17    personal property for ultimate sale if the use or consumption of
17-18    the property is necessary and essential to a pollution control
17-19    process;
17-20                (6)  lubricants, chemicals, chemical compounds, gases,
17-21    or liquids that are used or consumed during the actual
17-22    manufacturing, processing, or fabrication of tangible personal
17-23    property for ultimate sale if their use or consumption is necessary
17-24    and essential to prevent the decline, failure, lapse, or
17-25    deterioration of equipment exempted by this section;
17-26                (7)  gases used on the premises of a manufacturing
 18-1    plant to prevent contamination of raw material or product, or to
 18-2    prevent a fire, explosion, or other hazardous or environmentally
 18-3    damaging situation at any stage in the manufacturing process or in
 18-4    loading or storage of the product or raw material on premises;
 18-5                (8)  tangible personal property used or consumed during
 18-6    the actual manufacturing, processing, or fabrication of tangible
 18-7    personal property for ultimate sale if the use or consumption of
 18-8    the property is necessary and essential to a quality control
 18-9    process for the purpose of testing tangible personal property that
18-10    is being manufactured, processed, or fabricated for ultimate sale;
18-11                (9)  safety apparel or work clothing that is used
18-12    during the actual manufacturing, processing, or fabrication of
18-13    tangible personal property for ultimate sale if:
18-14                      (A)  the manufacturing process would not be
18-15    possible without the use of the apparel or clothing; and
18-16                      (B)  the apparel or clothing is not resold to the
18-17    employee;
18-18                (10)  tangible personal property used or consumed in
18-19    the actual manufacturing, processing, or fabrication of tangible
18-20    personal property for ultimate sale if the use or consumption of
18-21    the property is necessary and essential to comply with federal,
18-22    state, or local laws or rules that establish requirements related
18-23    to public health; and
18-24                (11)  tangible personal property specifically installed
18-25    to:
18-26                      (A)  reduce water use and wastewater flow volumes
 19-1    from the manufacturing, processing, fabrication, or repair
 19-2    operation;
 19-3                      (B)  reuse and recycle wastewater streams
 19-4    generated within the manufacturing, processing, fabrication, or
 19-5    repair operation; or
 19-6                      (C)  treat wastewater from another industrial or
 19-7    municipal source for the purpose of replacing existing freshwater
 19-8    sources in the manufacturing, processing, fabrication, or repair
 19-9    operation.
19-10          SECTION 22.  Section 151.318(t), Tax Code, is amended to read
19-11    as follows:
19-12          (t)  In addition to the other items exempted under this
19-13    section, pre-press machinery, equipment, and supplies, including
19-14    computers, cameras, photographic props, film, film developing
19-15    chemicals, veloxes, plate-making machinery, plate metal, litho
19-16    negatives, color separation negatives, proofs of color negatives,
19-17    production art work, and typesetting or composition proofs, that
19-18    are necessary and essential to and used in connection with the
19-19    printing process are exempted from the tax imposed by this chapter
19-20    if they are purchased by a person engaged in:
19-21          (1)  printing or imprinting tangible personal property for
19-22    sale; or
19-23          (2)  producing a publication for the dissemination of news of
19-24    a general character and of a general interest that is printed on
19-25    newsprint and distributed to the general public free of charge at a
19-26    daily, weekly, or other short interval.
 20-1          SECTION 23.  Section 151.3185, Tax Code, is amended by adding
 20-2    Subsections (e) and (f), to read as follows:
 20-3          (e)  The sale of a motion picture, video, or audio master by
 20-4    the producer of the master is exempt from the taxes imposed by this
 20-5    chapter.
 20-6          (f)  Tangible personal property that is sold to an entity
 20-7    described in 47 C.F.R. Sec. 73.624(b) is exempt from the taxes
 20-8    imposed by this chapter if the property is necessary to comply with
 20-9    47 C.F.R. Sec. 73.682(d).
20-10          SECTION 24.  Section 151.319(b), Tax Code, is amended to read
20-11    as follows:
20-12          (b)  A transaction involving a sale of a newspaper that has
20-13    been produced, fabricated, or printed to the special order of a
20-14    customer is exempted from the taxes imposed by this chapter if:
20-15                (1)  the customer is responsible for gathering
20-16    substantially all of the information contained in the newspaper and
20-17    for formulating the design, layout, and format of the newspaper;
20-18    and
20-19                (2)  the customer would be entitled to the exemption
20-20    provided by Section 151.318(t) [Subsection (d) of this section] if
20-21    the customer had a printing facility capable of processing and
20-22    printing the newspaper and printed and processed the newspaper.
20-23          SECTION 25.  Section 152.001, Tax Code, is amended by adding
20-24    subdivision (20) to read as follows:
20-25          (20)  "Machine for use primarily for timber operations" means
20-26    a self-propelled motor vehicle specially adapted to perform a
 21-1    specialized function in the production of timber including land
 21-2    preparation, planting, maintenance, and gathering of trees commonly
 21-3    grown for commercial timber.  "Machine for use primarily for timber
 21-4    operations" does not include any self-propelled motor vehicle used
 21-5    for the purpose of transporting timber or timber products.
 21-6          SECTION 26.  Section 152.002, Tax Code, is amended by adding
 21-7    subsection (e) to read as follows:
 21-8          (e)  A motor vehicle owner who is in the business of renting
 21-9    motor vehicles and who holds a permit may deduct the fair market
21-10    value of a replaced motor vehicle that is titled to another person
21-11    if:
21-12                (1)  either person:
21-13                      (A)  holds a beneficial ownership interest in the
21-14    other person of at least 80 percent, or
21-15                      (B)  acquires all of its vehicles exclusively
21-16    from franchised dealers whose franchisor shares common ownership
21-17    with the other person; and
21-18                (2)  the replaced motor vehicle is offered for sale.
21-19          SECTION 27.  Section 152.041, Tax Code, is amended by
21-20    amending subsection (c) and (d) and adding subsection (f), to read
21-21    as follows:
21-22          (c)  Except as provided by Section 152.047 and subsection (f)
21-23    of this section, the tax imposed by Section 152.021 of this code is
21-24    due on the 20th working day after the day that the motor vehicle is
21-25    delivered to the purchaser.
21-26          (d)  Except as provided by subsection (f) of this section,
 22-1    the [The] tax imposed by Section 152.022 of this code is due on the
 22-2    20th working day after the day that the motor vehicle is brought
 22-3    into this state.
 22-4          (f)  The tax imposed by Section 152.021 and 152.022 of this
 22-5    code on a motor vehicle designed for commercial use is due on the
 22-6    20th working day after the day it is equipped with a body or other
 22-7    equipment that enables it to be eligible to be registered under the
 22-8    Transportation Code.
 22-9          SECTION 28.  Section 152.047(a), Tax Code, is amended to read
22-10    as follows:
22-11          (a)  Except as inconsistent with this chapter and rules
22-12    adopted under this chapter, the seller of a motor vehicle shall
22-13    report and pay the tax imposed on a seller-financed sale to the
22-14    comptroller on the seller's receipts from seller-financed sales in
22-15    the same manner as the sales tax is reported by a retailer under
22-16    Sections 151.401, 151.402, 151.405, 151.406, 151.409, 151.423,
22-17    151.424, and 151.425 [Chapter 151].
22-18          SECTION 29.  Subdivision (25), Section 153.001, Tax Code, is
22-19    amended to read as follows:
22-20          (25)  "Supplier" means a person who:
22-21                (A)  refines, distills, manufactures, produces, or
22-22    blends for sale or distribution diesel fuel in this state;
22-23                (B)  imports or exports diesel fuel other than in the
22-24    fuel supply tanks of motor vehicles;
22-25                (C)  sells or delivers diesel fuel in bulk quantities
22-26    to dealers, dyed diesel fuel bonded users, agricultural bonded
 23-1    users, bulk users, aviation fuel dealers, or other suppliers; or
 23-2                (D)  is engaged in the business of selling or
 23-3    delivering diesel fuel in bulk quantities to consumers for
 23-4    nonhighway uses.
 23-5          SECTION 30.  Section 153.018(i), Tax Code, is amended to read
 23-6    as follows:
 23-7          (i)  Each terminal or bulk plant shall post a notice in a
 23-8    conspicuous location proximate to the point of receipt of shipping
 23-9    papers that describes the duties of importers and exporters under
23-10    this section.  The comptroller may prescribe the language, type,
23-11    style, and format of the notice.
23-12          SECTION 31.  Section 153.115(c), Tax Code, is amended to read
23-13    as follows:
23-14          (c)  A permitted interstate trucker is entitled to deduct
23-15    one-half of one percent of the taxable gallons of gasoline on
23-16    timely payment of the taxes to the state for the expense of
23-17    recordkeeping, reporting, and remitting the tax.
23-18          SECTION 32.  Section 153.117(a), Tax Code, is amended to read
23-19    as follows:
23-20          (a)  A distributor shall keep:
23-21                (1)  a record showing the number of gallons of:
23-22                      (A)  all gasoline inventories on hand at the
23-23    first of each month;
23-24                      (B)  all gasoline refined, compounded, or
23-25    blended;
23-26                      (C)  all gasoline purchased or received, showing
 24-1    the name of the seller and the date of each purchase of receipt.
 24-2                      (D)  all gasoline sold, distributed, or used,
 24-3    showing the name of the purchaser and the date of the sale or use;
 24-4    and
 24-5                      (E)  all gasoline lost by fire, theft, or
 24-6    accident; and
 24-7                (2)  an itemized statement showing by load the number
 24-8    of gallons of all gasoline:
 24-9                      (A)  received during the preceding calendar month
24-10    for export and the location of the loading;
24-11                      (B)  exported from this state by destination
24-12    state or country; and
24-13                      (C)  imported during the preceding calendar month
24-14    by origin [destination] state or country.
24-15          SECTION 33.  Section 153.122, Tax Code, is amended to read as
24-16    follows:
24-17          Sec. 153.122.  GASOLINE TAX REFUND PAYMENT [AND FILING FEE]. 
24-18    [(a)]  After examination of the refund claim, the comptroller
24-19    before issuing a refund warrant shall deduct from the amount of the
24-20    refund[:]
24-21                [(1)]  the two percent deducted originally by the
24-22    distributor on the first sale or distribution of the gasoline[;
24-23    and]
24-24                [(2)  $1.50 as a filing fee].
24-25          [(b)  The filing fee shall be set aside for the use and
24-26    benefit of the comptroller in the administration and enforcement of
 25-1    this section.  All filing fees shall be paid into the state
 25-2    treasury and shall be paid out on vouchers and warrants in the
 25-3    manner prescribed by law.]
 25-4          SECTION 34.  Section 153.205, Tax Code, is amended to read as
 25-5    follows:
 25-6          (a)  The first sale or use of diesel fuel in this state is
 25-7    taxable, except that sales of dyed diesel fuel, or of undyed diesel
 25-8    fuel if the fuel will be used for an agricultural nonhighway
 25-9    purpose, may be made without collecting the tax if the purchaser
25-10    furnishes to a permitted supplier a signed statement, including an
25-11    end user number or agricultural [user] exemption number issued by
25-12    the comptroller [that stipulates that:].  A person who wants to use
25-13    a signed statement to purchase dyed diesel fuel must apply to the
25-14    comptroller for an end user number to be used in conjunction with a
25-15    signed statement.  A person who wants to use a signed statement to
25-16    purchase dyed or undyed diesel fuel for an agricultural nonhighway
25-17    purpose must apply to the comptroller for an agricultural exemption
25-18    number to be used in conjunction with a signed statement.  A
25-19    supplier may not make a tax-free sale of any diesel fuel to a
25-20    purchaser using a signed statement unless the purchaser has an end
25-21    user number or agricultural exemption number issued by the
25-22    comptroller under this section
25-23                [(1)  the purchaser does not operate any diesel powered
25-24    motor vehicles on the public highway;]
25-25                [(2)  all of the diesel fuel will be consumed by the
25-26    purchaser and no diesel fuel purchased on a signed statement will
 26-1    be resold; and]
 26-2                [(3)  none of the diesel fuel purchased in this state
 26-3    will be delivered or permitted by the purchaser to be delivered
 26-4    into fuel supply tanks of motor vehicles].
 26-5          (b)  The sale of dyed diesel fuel may be made without
 26-6    collecting the tax if the purchaser furnishes to a permitted
 26-7    supplier a signed statement, including an end user number issued by
 26-8    the comptroller, that stipulates that [A person may not make a tax
 26-9    free purchase of any diesel fuel under this section using a signed
26-10    statement]:
26-11                (1)  none of the diesel fuel purchased on the signed
26-12    statement is of a type that may legally be used on the public
26-13    highway [for the purchase of more than 3,000 gallons of dyed or
26-14    undyed diesel fuel in a single transaction; or];
26-15                (2)  all of the dyed diesel fuel purchased on the
26-16    signed statement will be consumed by the purchaser and will not be
26-17    resold [in a calendar month in which the person has previously
26-18    purchased more than 10,000 gallons of dyed or undyed diesel fuel
26-19    from all sources]; and
26-20                (3)  none of the dyed diesel fuel purchased on the
26-21    signed statement will be delivered or permitted to be delivered
26-22    into the fuel supply tank of motor vehicles operated on the public
26-23    highways in this state.
26-24          (c)  The sale of dyed or undyed diesel fuel may be made
26-25    without collecting the tax if the purchaser furnishes to a
26-26    permitted supplier a signed statement, including an agricultural
 27-1    exemption number issued by the comptroller, that stipulates that
 27-2    [The signed statement and end user number or agricultural user
 27-3    exemption number from the purchaser relieves the permitted supplier
 27-4    from the burden of proof that the sale of diesel fuel was not
 27-5    taxable to the purchaser and remains in effect unless]:
 27-6                (1)  all of the dyed and undyed diesel fuel purchased
 27-7    on this signed statement will be used exclusively in agricultural
 27-8    nonhighway equipment [the statement is revoked in writing by the
 27-9    purchaser or supplier];
27-10                (2)  all of the dyed and undyed diesel fuel purchased
27-11    on this signed statement will be consumed by the purchaser and will
27-12    not be resold [the comptroller notifies the supplier in writing
27-13    that the purchaser may no longer make tax free purchases]; and [or]
27-14                (3)  none of the dyed or undyed diesel fuel purchased
27-15    on this signed statement will be delivered or permitted to be
27-16    delivered into the fuel tanks of motor vehicles operated on the
27-17    public highways in this state [the supplier is put on notice by
27-18    making taxable sales of diesel fuel to a purchaser who has
27-19    previously submitted a signed statement to this supplier].
27-20          (d)  A person may not make a tax-free purchase of any diesel
27-21    fuel under this section using a signed statement [A taxable sale to
27-22    a person who has previously submitted a signed statement creates a
27-23    rebuttable presumption that the supplier had reasonable notice that
27-24    all subsequent sales should have been taxable]:
27-25                (1)  for the purchase of more than 3,000 gallons of
27-26    dyed or undyed diesel fuel in a single transaction or delivery; or
 28-1                (2)  in a calendar month in which the person has
 28-2    previously purchased more than 10,000 gallons of dyed or undyed
 28-3    diesel fuel from all sources, and
 28-4                (3)  the number of gallons purchased in excess of the
 28-5    3,000 gallon in a single transaction or delivery or the number of
 28-6    gallons purchased in excess of 10,000 gallons in a calendar month
 28-7    constitutes a taxable purchase.  The purchaser paying the tax on
 28-8    dyed or undyed diesel fuel in excess of the limitations provided in
 28-9    this subsection may claim a refund of the tax paid on any dyed or
28-10    undyed diesel fuel used for nonhighway purposes under Section
28-11    153.222.
28-12          (e)  A supplier may not make a tax-free sale of any diesel
28-13    fuel under this section to a purchaser using a signed statement [A
28-14    taxable use of any part of the dyed or undyed diesel fuel purchased
28-15    under a signed statement shall, in addition to any criminal
28-16    penalty, forfeit the right of the person to purchase dyed or undyed
28-17    diesel fuel tax free for a period of one year from the date of the
28-18    offense, and any tax, interest, and penalty found to be due through
28-19    false or erroneous execution or continuance of a promissory
28-20    statement by the purchaser, if assessed to the supplier, is a debt
28-21    of the purchaser to the supplier until paid, and is recoverable at
28-22    law in the same manner as the purchase price of the fuel.  The
28-23    person may, however, claim a refund of the tax paid on any undyed
28-24    diesel fuel used for nonhighway purposes under Section 153.222]:
28-25                (1)  for the sale of more than 3,000 gallons of dyed or
28-26    undyed diesel fuel in a single transaction or delivery; or
 29-1                (2)  in a calendar month in which the supplier has
 29-2    previously sold more than 10,000 gallons of dyed or undyed diesel
 29-3    fuel to the purchaser, and
 29-4                (3)  the number of gallons sold in excess of the 3,000
 29-5    gallon in a single transaction or delivery or the number of gallons
 29-6    sold in excess of 10,000 gallons in a calendar month constitutes a
 29-7    taxable sale.  The purchaser paying the tax on dyed or undyed
 29-8    diesel fuel in excess if the limits provided in this subsection may
 29-9    claim a refund of the tax paid on any dyed or undyed diesel fuel
29-10    used for nonhighway purposes under Section 153.222.
29-11          (f)  The signed statement and end user number or agricultural
29-12    exemption number from the purchaser as provided by this section
29-13    relieves the permitted supplier from the burden of proof that the
29-14    sale of dyed diesel fuel or undyed diesel fuel for an agricultural
29-15    nonhighway purpose was not taxable to the purchaser and remains in
29-16    effect unless [The statement must be signed by the purchaser or his
29-17    representative]:
29-18                (1)  The statement is revoked in writing by the
29-19    purchaser or supplier; or
29-20                (2)  the comptroller notifies the supplier in writing
29-21    that the purchaser may no longer make tax-free purchases.
29-22          (g)  A taxable use of any part of the dyed or undyed diesel
29-23    fuel purchased under a signed statement shall, in addition to any
29-24    criminal penalty, forfeit the right of the person to purchase dyed
29-25    or undyed diesel fuel tax-free for a period of one year from the
29-26    date of the offense, and any tax, penalty, interest, and penalty
 30-1    found to be due through false or erroneous execution or continuance
 30-2    of a promissory statement by the purchaser, if assessed to the
 30-3    supplier, is debt of the purchaser to the supplier until paid, and
 30-4    is recoverable at law in the same manner as the purchase price of
 30-5    the fuel.  The person may, however, claim a refund of the tax paid
 30-6    on any undyed diesel fuel used for nonhighway purposes under
 30-7    section 153.222.  [The comptroller's regulations may allow separate
 30-8    operating divisions of corporations to give separate signed
 30-9    statements as if they were different legal entities.]
30-10          [(h)  The comptroller may promulgate necessary forms and
30-11    rules to administer and enforce this section.]
30-12          [(i)  A permitted supplier may not make a tax free sale of
30-13    dyed diesel fuel, or undyed diesel fuel for agricultural purposes,
30-14    to a purchaser using a signed statement:]
30-15                [(1)  for the sale of more than 3,000 gallons of dyed
30-16    or undyed diesel fuel in a single transaction; or]
30-17                [(2)  in a calendar month in which the supplier has
30-18    previously sold more than 10,000 gallons of dyed or undyed diesel
30-19    fuel to the purchaser.]
30-20          [(j) (1)  A sale of dyed diesel fuel, or undyed diesel fuel
30-21    for agricultural purposes, may be made without collecting tax from
30-22    a purchaser who operates one or more motor vehicles on the public
30-23    highway and who furnishes to a permitted supplier a signed
30-24    statement and end user number or agricultural user exemption number
30-25    only as provided in this subsection.]
30-26                [(2)  The statement must stipulate that all the dyed or
 31-1    undyed diesel fuel will be consumed by the purchaser for purposes
 31-2    other than operating a motor vehicle on the public highway and that
 31-3    no dyed or undyed diesel fuel purchased on a signed statement will
 31-4    be resold or delivered into the fuel supply tanks of a motor
 31-5    vehicle.]
 31-6                [(3)  Diesel fuel which may be sold without collection
 31-7    of tax under this subsection must be of a type that may not be
 31-8    legally used by the purchaser for the operation of a motor vehicle
 31-9    on the public highway under state or federal law.]
31-10                [(4)  Subsections (a), (c)(3), and (d) of this section
31-11    do not apply to sales of fuel under this subsection.]
31-12          [(k)  A person who wants to use a signed statement to
31-13    purchase dyed diesel fuel must apply to the comptroller for an end
31-14    user number to be used in conjunction with a signed statement.  A
31-15    person who wants to use a signed statement to purchase dyed or
31-16    undyed diesel fuel for agricultural purposes must apply to the
31-17    comptroller for an agricultural user exemption number to be used in
31-18    conjunction with a signed statement.  A person may not make a tax
31-19    free sale of any diesel fuel to a purchaser using a signed
31-20    statement unless the purchaser has an end user number or
31-21    agricultural user exemption number issued by the comptroller under
31-22    this subsection.]
31-23          SECTION 35.  Section 153.206(c), Tax Code, is amended to read
31-24    as follows:
31-25          (c)  A dyed diesel fuel bonded user, agricultural bonded
31-26    user, or other user, except a diesel tax prepaid user, shall report
 32-1    and pay to the state the tax at the rate imposed on each gallon of
 32-2    diesel fuel delivered by him into the fuel supply tanks of a motor
 32-3    vehicle, unless the tax has been paid to a permitted supplier or a
 32-4    dealer, or, as a diesel tax prepaid user, the tax has been prepaid
 32-5    directly to the comptroller.
 32-6          SECTION 36.  Section 153.206(i), Tax Code, is amended to read
 32-7    as follows:
 32-8          (i)  A dyed diesel fuel bonded user, an agricultural bonded
 32-9    user, or a permitted interstate trucker is entitled to deduct
32-10    one-half of one percent of the taxable gallons of diesel fuel on
32-11    timely payment of the taxes to this state for the expense of
32-12    recordkeeping, reporting, and remitting the tax.
32-13          SECTION 37.  The heading of Section 153.217, Tax Code, is
32-14    amended to read as follows:
32-15          Sec. 153.217.  LIST OF SUPPLIERS, DYED DIESEL FUEL BONDED
32-16    USERS, AGRICULTURAL BONDED USERS, AVIATION FUEL DEALERS, AND DIESEL
32-17    FUEL JOBBERS.
32-18          SECTION 38.  Section 153.219(j), Tax Code, is amended to read
32-19    as follows:
32-20          (j)  A supplier shall keep:
32-21                (1)  an itemized statement showing by load the number
32-22    of gallons of all diesel fuel received during the preceding
32-23    calendar month for export;
32-24                (2)  an itemized statement showing by load the number
32-25    of gallons of all diesel fuel exported from this state by
32-26    destination state or country;
 33-1                (3)  an itemized statement showing by load the number
 33-2    of gallons of all diesel fuel imported during the preceding
 33-3    calendar month by origin [destination]  state or country;
 33-4                (4)  an itemized statement differentiating between dyed
 33-5    and undyed diesel fuel and showing by purchaser, end user number,
 33-6    or agricultural user exemption number the number of gallons of dyed
 33-7    and undyed diesel fuel sold tax free to a purchaser using a signed
 33-8    statement in accordance with Section 153.205; and
 33-9                (5)  an itemized statement showing by purchaser and
33-10    permit number the number of gallons of dyed and undyed diesel fuel
33-11    sold tax free to dyed diesel fuel bonded users and agricultural
33-12    bonded users.
33-13          SECTION 39.  Subsections (a) and (c), Section 153.221, Tax
33-14    Code, are amended to read as follows:
33-15          (a)  On or before the 25th day of each month, a supplier, a
33-16    dealer required to collect the tax under Section 153.206(b), or a
33-17    dyed diesel fuel bonded user, agricultural bonded user, or other
33-18    user required to pay the tax under Section 153.206(c) shall file a
33-19    report of diesel fuel transactions or of diesel fuel delivered by a
33-20    dyed diesel fuel bonded user, agricultural bonded user, or other
33-21    user into the fuel tank of a motor vehicle owned or operated by the
33-22    user and such supplements as the comptroller may require and remit
33-23    the amount of tax required to be collected or to be paid during the
33-24    preceding month.  A report must be filed on a form or in a manner
33-25    provided by the comptroller and contain information required by the
33-26    comptroller, showing complete and detailed information of diesel
 34-1    fuel transactions or use during the preceding month.  A supplier
 34-2    required to file a report under this section who has not sold,
 34-3    used, or distributed any diesel fuel during the reporting period
 34-4    shall file with the comptroller the report setting forth the facts
 34-5    or information.  The failure of a supplier, dealer, dyed diesel
 34-6    fuel bonded user, agricultural bonded user, or other user to obtain
 34-7    forms or software from the comptroller is no excuse for the failure
 34-8    to file a report.  The report must be executed by the supplier,
 34-9    dealer, dyed diesel fuel bonded user, agricultural bonded user, or
34-10    other user, or his representative and is subject to the penalties
34-11    provided in this chapter.
34-12          (c)  No report is required to be filed by:
34-13                (1)  an aviation fuel dealer;
34-14                (2)  a trip permit user;
34-15                (3)  a diesel tax prepaid user;
34-16                (4)  a person issuing signed statements; or
34-17                (5)  [a common or contract carrier; or]
34-18                [(6)]  a diesel fuel jobber.
34-19          SECTION 40.  Section 153.225, Tax Code, is amended to read as
34-20    follows:
34-21          Sec. 153.225.  DIESEL FUEL TAX REFUND PAYMENTS [AND FILING
34-22    FEE].  [(a)]  After examination and approval of the refund claim,
34-23    the comptroller before issuing a refund warrant shall deduct from
34-24    the amount of the refund payment[:]
34-25                [(1)]  the 2 percent deducted originally by the
34-26    supplier on the sale or delivery of the diesel fuel[; and]
 35-1                [(2)  $1.50 as a filing fee].
 35-2          [(b)  The filing fees shall be set aside for the use and
 35-3    benefit of the comptroller in the administration and enforcement of
 35-4    the provisions of this chapter, and for payment of expenses in
 35-5    furnishing the claim forms and other forms.  All filing fees shall
 35-6    be paid into the state treasury and shall be paid out on vouchers
 35-7    and warrants in the manner prescribed by law.]
 35-8          SECTION 41.  Subsections (c) and (d), Section 153.308, Tax
 35-9    Code, are amended to read as follows:
35-10          (c)  The tax on one percent of the taxable gallons of
35-11    liquefied gas sold in this state shall be allocated to the
35-12    permitted dealer making the sale for the expense of collecting,
35-13    accounting for, reporting, and timely remitting the taxes collected
35-14    and keeping the records.  The allocation allowance shall be
35-15    deducted by the permitted dealers in the payment to the state.
35-16          (d)  The tax of one-half of one percent of the taxable
35-17    gallons of liquefied gas used in this state by persons permitted as
35-18    interstate truckers shall be allocated to the interstate trucker
35-19    making use of the liquefied gas for the expense of accounting for,
35-20    reporting, and timely remitting the taxes due.
35-21          SECTION 42.  Section 153.311(c), Tax Code, is amended to read
35-22    as follows:
35-23          (c)  A permitted interstate trucker is entitled to a refund
35-24    of the amount of the Texas liquefied gas tax paid on each gallon of
35-25    liquefied gas subsequently used outside this state.  On
35-26    verification by the comptroller that the interstate trucker's
 36-1    report was timely filed with all information required, the
 36-2    comptroller [he] shall issue a warrant to the interstate trucker
 36-3    for the amount of the refund less the one percent deducted
 36-4    originally by the permitted dealer making the sale [and a filing
 36-5    fee of $1.50].  Failure to file an interstate trucker report by the
 36-6    25th of the month following the end of a calendar quarter forfeits
 36-7    the right to a refund.
 36-8          SECTION 43.  Subsections (a), (b), and (h), Section 154.101,
 36-9    Tax Code, are amended to read as follows:
36-10          (a)  A person may not engage in business as a distributor,
36-11    wholesaler, bonded agent, manufacturer, importer, or retailer
36-12    unless the person has applied for and received the applicable
36-13    permit from the comptroller.
36-14          (b)  Each distributor, wholesaler, bonded agent,
36-15    manufacturer, importer, or retailer shall obtain a permit for each
36-16    place of business owned or operated by the distributor, wholesaler,
36-17    bonded agent, manufacturer, importer, or retailer.
36-18          (h)  Permits for engaging in business as distributor,
36-19    wholesaler, bonded agent, manufacturer, importer, or retailer shall
36-20    be governed exclusively by the provisions of this code.
36-21          SECTION 44.  Subsections (a), (b), and (h), Section 155.041,
36-22    Tax Code, are amended to read as follows:
36-23          (a)  A person may not engage in business as a distributor,
36-24    wholesaler, bonded agent, manufacturer, importer, or retailer
36-25    unless the person has applied for and received the applicable
36-26    permit from the comptroller.
 37-1          (b)  Each distributor, wholesaler, bonded agent,
 37-2    manufacturer, importer, or retailer shall obtain a permit for each
 37-3    business owned or operated by the distributor, wholesaler, bonded
 37-4    agent or retailer.
 37-5          (h)  Permits for engaging in business as a distributor,
 37-6    wholesaler, bonded agent, manufacturer, importer, or retailer shall
 37-7    be governed exclusively by the provisions of this code.
 37-8          SECTION 45.  Section 155.102, Tax Code, is amended by adding
 37-9    subsection (c) to read as follows:
37-10          (c)  If more than fifty percent of all untaxed tobacco
37-11    products received by the distributor in this state are actually
37-12    sold outside of the state, then the distributor shall include in
37-13    the report only tobacco products that are sold in this state.
37-14          SECTION 46.  Section 171.1032(a) is amended by adding
37-15    Subdivision (6) and by redesignating Subdivision (6) as Subdivision
37-16    (7), to read as follows:
37-17          (a)  Except for the gross receipts of a corporation that are
37-18    subject to Section 171.1061, in apportioning taxable earned
37-19    surplus, the gross receipts of a corporation from its business done
37-20    in this state is the sum of the corporation's receipts from:
37-21                (1)  each sale of tangible personal property if the
37-22    property is delivered or shipped to a buyer in this state
37-23    regardless of the FOB point or another condition of the sale, and
37-24    each sale of tangible personal property shipped from this state to
37-25    a purchaser in another state in which the seller is not subject to
37-26    any tax on, or measured by, net income, without regard to whether
 38-1    the tax is imposed;
 38-2                (2)  each service performed in this state;
 38-3                (3)  each rental of property situated in this state;
 38-4                (4)  the use of a patent, copyright, trademark,
 38-5    franchise, or license in this state;
 38-6                (5)  each sale of real property located in this state,
 38-7    including royalties from oil, gas, or other mineral interests;
 38-8    [and]
 38-9                (6)  the corporation's share of the gross receipts of
38-10    each partnership and joint venture, apportioned to Texas as though
38-11    the corporation directly earned the receipts, including receipts
38-12    from business done with the corporation; and
38-13                (7)  other business done in this state.
38-14          SECTION 47.  Section 171.1051(a), Tax Code is amended to read
38-15    as follows:
38-16          (a)  Except for the gross receipts of a corporation that are
38-17    subject to the provisions of Section 171.1061, in apportioning
38-18    taxable earned surplus, the gross receipts of a corporation from
38-19    its entire business is the sum of the corporation's receipts from:
38-20                (1)  each sale of the corporation's tangible personal
38-21    property;
38-22                (2)  each service, rental, or royalty; [and]
38-23                (3)  the corporation's share of the gross receipts of
38-24    each partnership and joint venture; and
38-25                (4)  other business.
38-26          SECTION 48.  Section 171.106, Tax Code, is amended by adding
 39-1    subsection (h), to read as follows:
 39-2          (h)  A banking corporation shall exclude from the numerator
 39-3    of its apportionment factor interest earned on Federal Funds and
 39-4    interest earned on securities sold under agreement to repurchase
 39-5    held in Texas in a Texas-domiciled correspondent bank.  For
 39-6    purposes of this subsection, the term "correspondent bank" shall
 39-7    have the meaning set for in 12 C.F.R. Section 206.2(c).
 39-8          SECTION 49.  Section 171.109, Tax Code, is amended by adding
 39-9    subsection (n) to read as follows:
39-10          (n)  A corporation must use the equity method of accounting
39-11    when reporting an investment in a partnership or joint venture.
39-12          SECTION 50.  Section 171.1121, Tax Code is amended by adding
39-13    Subsection (e) to read as follows:
39-14          (e)  A corporation's share of a partnership's gross receipts
39-15    that is included in its federal taxable income must be used in
39-16    calculating the corporation's gross receipts for earned surplus
39-17    purposes.  A corporation's share of a partnership's gross receipts
39-18    is without deduction for costs incurred, unless otherwise provided
39-19    in this chapter.  The gross receipts must be apportioned as though
39-20    the corporation directly earned them.
39-21          SECTION 51.  Section 171.260(b), Tax Code, is amended to read
39-22    as follows:
39-23          (b)  The savings and loan commissioner shall appoint a
39-24    conservator under Subtitle B or C, Title 3, Finance Code, to pay
39-25    the franchise tax of a savings and loan association [corporation]
39-26    that is organized under the laws of this state and that the
 40-1    commissioner certifies as being delinquent in the payment of the
 40-2    association's [corporation's] franchise tax.
 40-3          SECTION 52.  Section 171.501(d), Tax Code, is amended to read
 40-4    as follows:
 40-5          (d)  The amount of a refund under this section is the lesser
 40-6    of $5,000 or 25 percent of the amount of franchise tax due [taxes
 40-7    paid] for any one privilege period before any other applicable
 40-8    credits.  For purposes of this subsection, the initial and second
 40-9    periods are considered the same privilege period.
40-10          SECTION 53.  Section 171.655, Tax Code, is amended to read as
40-11    follows:
40-12          Sec. 171.655.  Limitation.  The credit claimed for each
40-13    privilege period may not exceed 50 percent of the amount of [net]
40-14    franchise tax due for the privilege period before [after] any other
40-15    applicable tax credits.
40-16          SECTION 54.  Section 171.685, Tax Code, is amended to read as
40-17    follows:
40-18          Sec. 171.685.  Limitation.  The total credits claimed under
40-19    this subchapter for a privilege period may not exceed 50 percent of
40-20    the amount of [net] franchise tax due for the privilege period
40-21    before [after] any other applicable tax credits.
40-22          SECTION 55.  Section 171.705(b), Tax Code, is amended to read
40-23    as follows:
40-24          (b)  A corporation may not claim a credit in an amount that
40-25    exceeds 90 percent of the amount of tax due for the report before
40-26    any other applicable credits.
 41-1          SECTION 56.  Section 171.753, Tax Code, is amended to read as
 41-2    follows:
 41-3          Sec. 171.753.  CALCULATION OF CREDIT.  A corporation may
 41-4    establish a credit equal to 5 [25] percent of the total wages and
 41-5    salaries paid by the corporation for qualifying jobs during the
 41-6    period upon which the tax is based.
 41-7          SECTION 57.  Section 171.754, Tax Code, is amended to read as
 41-8    follows:
 41-9          Sec. 171.754.  Length of Credit.  The credit shall be
41-10    established [shall be claimed in five equal installments of
41-11    one-fifth the credit amount over the] on five consecutive reports
41-12    beginning with the report based upon the period during which the
41-13    qualifying jobs were created.
41-14          SECTION 58.  Section 171.756, Tax Code, is amended to read as
41-15    follows:
41-16          Sec. 171.756.  CARRYFORWARD.  (a)  If a corporation is
41-17    eligible for a credit [from an installment] that exceeds the
41-18    limitations under Section 171.755(a) or (b), the corporation may
41-19    carry the unused credit forward for not more than five consecutive
41-20    reports.
41-21          (b)  A carryforward is considered the remaining portion of a
41-22    credit [an installment] that cannot be claimed in the current year
41-23    because of the tax limitation under Section 171.755. A carryforward
41-24    is added to the next year's [installment of the] credit in
41-25    determining the tax limitation for that year.  A credit
41-26    carryforward from a previous report is considered to be utilized
 42-1    before the current year credit [installment].
 42-2          SECTION 59.  Section 171.831, Tax Code, is amended to read as
 42-3    follows:
 42-4          Sec. 171.831.  DEFINITION.  In this subchapter, "school-age
 42-5    child care" means care provided before or [and] after school and
 42-6    during the summer and holidays for children who are at least five
 42-7    years of age but younger than 14 years of age.
 42-8          SECTION 60.  Section 171.834(c), Tax Code, is amended to read
 42-9    as follows:
42-10          (c)  A corporation may not claim a credit in an amount that
42-11    exceeds 50 percent of the amount of [net] franchise tax due, before
42-12    [after] applying any other credits, for the reporting period.
42-13          SECTION 61.  Chapter 171, Tax Code, is amended by adding
42-14    Subchapter S to read as follows:
42-15                     SUBCHAPTER S.  CREDITS LIMITATION
42-16          Sec. 171.851.  LIMITATION.  The total credits claimed under
42-17    this chapter for a report, including the amount of any carryforward
42-18    credits, may not exceed the amount of franchise tax due for the
42-19    report.
42-20          SECTION 62.  Section 211.055, Tax Code, is amended to read as
42-21    follows:
42-22          Sec. 211.055.  MAXIMUM TAX.  The amount of taxes imposed by
42-23    this chapter shall not exceed the amount of the tax imposed under
42-24    Section 2001, Internal Revenue Code, reduced by the unified credit
42-25    provided under Section 2010, Internal Revenue Code [The amount of
42-26    taxes imposed by this chapter, when added to the federal tax as
 43-1    finally assessed and determined, may not exceed the amount of the
 43-2    federal tax which, without application of this chapter and the
 43-3    federal credit and generation skipping transfer tax credit to which
 43-4    it refers, would otherwise be payable to the federal government
 43-5    under Subtitle B, Chapters 11 and 13, Internal Revenue Code].
 43-6          SECTION 63.  Subchapter D, Chapter 321, Tax Code, is amended
 43-7    by adding Section 321.312 to read as follows:
 43-8          Sec. 321.312.  RETENTION OF CERTAIN MUNICIPAL SALES TAXES.  A
 43-9    municipality that holds a sales and use tax permit issued by the
43-10    comptroller and that imposes a municipal sales and use tax may
43-11    retain the portion of the municipal sales and use taxes that it
43-12    collects that constitute its own tax.  The municipality must remit
43-13    to the comptroller all other applicable local sales and use taxes
43-14    and the state sales and use tax.
43-15          SECTION 64.  Subchapter D, Chapter 322, Tax Code, is amended
43-16    by adding Section 322.306 to read as follows:
43-17          Sec. 322.306.  RETENTION OF CERTAIN SPECIAL PURPOSE DISTRICT
43-18    SALES TAXES.  A special purpose district that holds a sales and use
43-19    tax permit issued by the comptroller and that imposes a special
43-20    purpose district sales and use tax may retain the portion of the
43-21    special purpose district sales taxes that it collects that
43-22    constitute its own tax.  The special purpose district must remit to
43-23    the comptroller all other applicable local sales and use taxes and
43-24    the state sales and use tax.
43-25          SECTION 65.  Subchapter D of Chapter 323, Tax Code, is
43-26    amended by adding Section 323.312, to read as follows:
 44-1          Sec. 323.312.  RETENTION OF CERTAIN COUNTY SALES TAXES.  A
 44-2    county that holds a sales and use tax permit issued by the
 44-3    comptroller and that imposes a county sales and use tax may retain
 44-4    the portion of the county sales and use taxes that relate to its
 44-5    own tax.  The county must remit to the comptroller all other
 44-6    applicable local sales and use taxes and the state sales and use
 44-7    tax.
 44-8          SECTION 66.  Section 451.616(a), Transportation Code, is
 44-9    amended to read as follows:
44-10          (a)  A unit of election that has withdrawn from an authority
44-11    [The comptroller] shall remit [withhold] to the authority [from the
44-12    amount of sales and use tax revenue refunded to a unit of election
44-13    that has withdrawn from an authority] one-half of the difference
44-14    between the cost of providing services to persons with disabilities
44-15    in the unit of election and the fares charged during the period in
44-16    which the sales and use tax was collected [and remit this amount to
44-17    the authority providing the services].
44-18          SECTION 67.  Section 11.011(e), Texas Racing Act (Article
44-19    179e, Vernon's Texas Civil Statutes), is amended to read as
44-20    follows:
44-21          (e)  The racetrack where the wager is made is responsible for
44-22    reporting and remitting the state's share of the pari-mutuel pool
44-23    [If intrastate wagering pools are combined between tracks, the
44-24    track where the race originates is responsible for the state's
44-25    share of the pari-mutuel pool regardless of whether a shortage or
44-26    error occurred at the originating track or receiving track].
 45-1          SECTION 68.  Section (1) of Article 6550c-1, Revised
 45-2    Statutes, is amended to read as follows:
 45-3          Sec. 1.  DEFINITIONS.  In this article:
 45-4                (1)  "Commission" means the Texas Transportation
 45-5    Commission.
 45-6                (2)  "Commuter rail facility" means any property
 45-7    necessary for the transportation of passengers and baggage between
 45-8    points in a district.  The term includes rolling stock,
 45-9    locomotives, stations, parking areas, and rail lines.
45-10                (3)  "Creating municipality" means a municipality
45-11    described by Section 2(a) of this article.
45-12                (4)  "Department" means the Texas Department of
45-13    Transportation.
45-14                (5)  "District" means an intermunicipal commuter rail
45-15    district created under this article.
45-16                (6)  "District property" means all property owned or
45-17    leased under a long term lease by the district.
45-18                (7)  "System" means all of the commuter rail and
45-19    intermodal facilities leased or owned by or operated on behalf of a
45-20    district created under this article.
45-21          SECTION 69.  Section (9) of Article 6550c-1, Vernon's
45-22    Annotated Texas Statutes, is amended to read as follows:
45-23          Sec. 9.  SALES AND USE TAXES.  (a)  There shall be imposed a
45-24    [A district shall collect or cause to be collected] sales and use
45-25    tax [taxes] on items sold on district property.  The sales and use
45-26    tax shall be imposed [collected] at the rate of the highest
 46-1    combination of [state and] local sales and use taxes imposed at the
 46-2    time of its creation in any local governmental jurisdiction which
 46-3    is a member of a district.  [After deducting the state share of
 46-4    sales and use taxes,] The [the] comptroller shall remit to a
 46-5    district the local sales and use tax collected on the district's
 46-6    property.  All other local sales and use taxes which would
 46-7    otherwise be imposed on district property are pre-empted by the
 46-8    imposition of this tax.
 46-9          (b)  The comptroller shall administer, collect and enforce
46-10    any tax imposed under this chapter.  The Municipal Sales and Use
46-11    Tax Act (Chapter 321, Tax Code) governs the computation,
46-12    administration, governance and use of the tax except as
46-13    inconsistent with this chapter.
46-14          (c)  The district shall notify the comptroller in writing of
46-15    its creation and of its intent to impose the sales and use tax
46-16    imposed under this chapter.  Such notification must be made by
46-17    United States registered or certified mail.  The district shall
46-18    provide the comptroller with all information required to implement
46-19    the tax including an adequate map showing the property boundaries
46-20    of the district.  Such information shall include, but is not
46-21    limited to, a certified copy of the district board's resolution
46-22    adopting the tax and certified copies of the resolutions of the
46-23    governing bodies of the municipalities creating the district and of
46-24    the county commissioner's courts in the counties in which these
46-25    municipalities are located.  The comptroller shall notify the
46-26    district within thirty days of the receipt of such notice and map
 47-1    whether the comptroller is prepared for the administration of the
 47-2    tax.  The district shall notify all affected local governmental
 47-3    jurisdictions of its creation and provide them with an adequate map
 47-4    showing the property boundaries of the district at the same time
 47-5    the district notifies the comptroller of its creation and intent to
 47-6    impose the tax.
 47-7          (d)  If the district acquires any additional territory, it
 47-8    shall notify the comptroller and all affected local governmental
 47-9    jurisdictions within thirty days of the acquisition.  An adequate
47-10    map showing the new property boundaries of the district and the
47-11    date of the acquisition of the additional territory must be
47-12    included in the notification sent to all parties.  The comptroller
47-13    shall notify the district within thirty days of the receipt of such
47-14    notice whether the comptroller is prepared for the administration
47-15    of the tax in the additional territory.
47-16          (e)  A tax imposed under this chapter or the repeal of a tax
47-17    abolished under this chapter takes effect on the first day of the
47-18    first complete calendar quarter occurring after the expiration of
47-19    the first complete calendar quarter occurring after the date on
47-20    which the comptroller receives a notice of the action as required
47-21    by this section.
47-22          SECTION 70.  The following sections of the Tax Code are
47-23    repealed:
47-24          (a)  Sections 151.319(d) and (e);
47-25          (b)  Sections 171.757(c) and (d); and
47-26          (c)  Section 201.052(b).
 48-1          SECTION 71.  Each change in law made by the following
 48-2    provisions by this Act is a clarification of existing law and does
 48-3    not imply that existing law may be construed as inconsistent with
 48-4    the law as amended by this Act:
 48-5          (1)  Section 111.0081(b), Tax Code;
 48-6          (2)  Section 151.007(a), Tax Code;
 48-7          (3)  Section 151.010, Tax Code;
 48-8          (4)  Section 151.057, Tax Code;
 48-9          (5)  Section 151.257(b), Tax Code;
48-10          (6)  Section 308(a), Tax Code;
48-11          (7)  Section 151.310, Tax Code;
48-12          (8)  Section 151.313, Tax Code;
48-13          (9)  Section 151.317(a), Tax Code;
48-14          (10)  Sections 151.318(a) and (t), Tax Code;
48-15          (11)  Section 151.3185(e), Tax Code;
48-16          (12)  Section 319(b), Tax Code;
48-17          (13)  Section 152.001, Tax Code;
48-18          (14)  Section 152.047(a), Tax Code;
48-19          (15)  Section 153.001(25), Tax Code;
48-20          (16)  Section 153.018(i), Tax Code;
48-21          (17)  Section 153.117(a), Tax Code;
48-22          (18)  Section 153.205, Tax Code;
48-23          (19)  Section 153.206(c), Tax Code;
48-24          (20)  Section 153.219(j), Tax Code;
48-25          (21)  Section 153.221(a) and (c), Tax Code;
48-26          (22)  Section 154.101(a), (b), and (h), Tax Code;
 49-1          (23)  Section 155.041(a), (b), and (h), Tax Code;
 49-2          (24)  Section 171.1032(a), Tax Code;
 49-3          (25)  Section 171.1051(a), Tax Code;
 49-4          (26)  Section 171.1121(c), Tax Code;
 49-5          (27)  Section 171.260, Tax Code;
 49-6          (28)  Section 171.831, Tax Code; and
 49-7          (29)  Section 171.851, Tax Code.
 49-8          SECTION 72.  TRANSITIONAL PROVISIONS.
 49-9          (a)  The changes made to Section 326.023(b), Local Government
49-10    Code, made by Section 2 of the Act only apply to a petition filed
49-11    with a commissioners court on or after the effective date of that
49-12    Section.  A petition filed before that effective date is governed
49-13    by the law in effect on the date the petition is filed, and the
49-14    prior law is continued in effect for this purpose.
49-15          (b)  The changes to Section 326.029.  Local Government Code,
49-16    made by Section 3 of this Act apply only to an order issued on or
49-17    after the effective date of those sections.  An order issued before
49-18    that effective date is governed by the law in effect on the date
49-19    the order is issued and the prior law is continued in effect for
49-20    this purpose.
49-21          SECTION 73.  The comptroller of public accounts may adopt
49-22    rules and take other actions before October 1, 1999, as the
49-23    comptroller deems necessary or advisable to prepare for the taking
49-24    effect of this Act.
49-25          SECTION 74.  EFFECTIVE DATES.
49-26          (a)  Sections 2 through 6, 8, 9, 11, 15, 27, 28, 62, 66, 68
 50-1    and 69 of this Act take effect September 1, 2001.
 50-2          (b)  Sections 12, 13, 14, 16 through 26, 29 through 45, 63
 50-3    through 65, 67, 70(a), and 70(c) of this Act take effect October 1,
 50-4    2001.
 50-5          (c)  Sections 46 through 61, and 70(b) of this Act take
 50-6    effect on January 1, 2002, and apply to a report originally due on
 50-7    or after that date.