82R1570 CJC-F
 
  By: Raymond H.J.R. No. 36
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment prohibiting the taxation of
  the sale or use of certain food, drinks, medicine, and child-care
  services.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article VIII, Texas Constitution, is amended by
  adding Section 26 to read as follows:
         Sec. 26.  The legislature may not enact a general law that
  would impose a state tax on the sale or use of:
               (1)  food or a drink that was not subject to taxation
  under Chapter 151, Tax Code, on January 1, 2011;
               (2)  a medicine that was not subject to taxation under
  Chapter 151, Tax Code, on January 1, 2011; or
               (3)  a child-care service that was not subject to
  taxation under Chapter 151, Tax Code, on January 1, 2011.
         SECTION 2.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a) This temporary provision applies
  to the constitutional amendment proposed by the 82nd Legislature,
  Regular Session, 2011, prohibiting the taxation of the sale or use
  of certain food, drinks, medicine, and child-care services, and
  expires December 31, 2013.
         (b)  If the 82nd Legislature, during the Regular Session or a
  later special session, enacts a general law prohibited by Section
  26, Article VIII, of this constitution, the portion of the general
  law that violates that section expires January 1, 2013.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2011.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment prohibiting the
  taxation of the sale or use of certain food, drinks, medicine, and
  child-care services."