84R2929 GRM-D
 
  By: Farias H.B. No. 350
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an exemption from the motor vehicle sales and use tax
  for certain motor vehicles purchased or used by veterans with
  disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 152, Tax Code, is amended
  by adding Section 152.094 to read as follows:
         Sec. 152.094.  MOTOR VEHICLES PURCHASED OR USED BY CERTAIN
  VETERANS. (a) The taxes imposed by this chapter do not apply to the
  sale to or use by a veteran of the United States armed forces of a
  motor vehicle if the veteran:
               (1)  will use the vehicle only for noncommercial
  purposes; and
               (2)  either:
                     (A)  has a service-connected disability, as
  defined by 38 U.S.C. Section 101(16), rated at least 50 percent by
  the United States Department of Veterans Affairs; or
                     (B)  at the time the veteran applies for
  registration of the vehicle with the appropriate county tax
  assessor-collector, intends to:
                           (i)  transfer to the vehicle a specialty
  license plate for veterans with disabilities, or set of those
  plates, issued to the veteran under Section 504.202, Transportation
  Code; or
                           (ii)  place on the vehicle a specialty
  license plate for veterans with disabilities, or set of those
  plates, that will be issued to the veteran under Section 504.202,
  Transportation Code.
         (b)  The comptroller shall adopt rules to ensure that a motor
  vehicle exempted from taxation by this section qualifies for the
  exemption. The comptroller may require a person seeking an
  exemption under this section to present information establishing
  the qualification for the exemption.
         (c)  The seller of a motor vehicle may not collect the tax
  from the purchaser of the motor vehicle if the purchaser:
               (1)  signs at the time of the purchase an exemption
  certificate that:
                     (A)  is on a form designated by the comptroller;
  and
                     (B)  contains all of the information the
  comptroller considers reasonable to establish at the time of sale
  the qualification for the exemption under this section; and
               (2)  presents any other documentation or information
  the comptroller requires by rule.
         (d)  The seller of a motor vehicle may rely on a properly
  executed and signed exemption certificate under Subsection (c) and
  does not have a duty to investigate the propriety of an exemption
  certificate that is valid on the certificate's face.  A seller who
  relies on an exemption certificate as provided by this subsection
  is not liable for the payment of motor vehicle sales taxes that
  would otherwise be due as a result of a motor vehicle sale.
         (e)  If the comptroller determines that the sale or use of a
  motor vehicle granted an exemption under this section did not
  qualify for the exemption, the comptroller shall assess the tax
  against the purchaser or owner of the motor vehicle in the amount
  that would have been due had the exemption not been granted.
         SECTION 2.  As soon as possible after the effective date of
  this Act, the comptroller of public accounts shall:
               (1)  adopt the rules required by Section 152.094(b),
  Tax Code, as added by this Act; and
               (2)  designate the form required by Section
  152.094(c)(1)(A), Tax Code, as added by this Act.
         SECTION 3.  (a)  The change in law made by this Act:
               (1)  applies only to the imposition of motor vehicle
  sales tax imposed under Chapter 152, Tax Code, on the sale of a
  motor vehicle that occurs on or after September 1, 2015, and the
  imposition of motor vehicle use tax under Chapter 152, Tax Code, on
  a motor vehicle that is registered in this state on or after
  September 1, 2015; and
               (2)  does not affect tax liability accruing before
  September 1, 2015.
         (b)  Tax liability accruing before September 1, 2015,
  continues in effect as if this Act had not been enacted, and the
  former law is continued in effect for the collection of taxes due
  and for civil and criminal enforcement of the liability for those
  taxes.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.