BILL ANALYSIS



C.S.S.B. 640
By: Montford (Holzheauser)
May 8, 1995
Committee Report (Substituted)


BACKGROUND

Each year, the Comptroller of Public Accounts evaluates those areas
of state law administered by that agency.  In the course of these
evaluations, a number of recommendations are produced that would
simplify tax collection and enforcement procedures for both
taxpayers and the comptroller's office.  These recommendations
represent technical corrections and changes which clarify, correct,
or conform to existing statutory provisions of the Tax Code.

PURPOSE

This bill amends various taxes and fees in the Tax Code, and amends
various tax-related provisions outside the Tax Code to clarify and
simplify the administration, collection, and enforcement of taxes
and fees.

The bill amends provisions in the following areas:

       Collection and Enforcement Procedures
       Venue and Jurisdiction in a Suit to Recover Taxes
       Sales and Use Tax
       Motor Fuels Tax
       Cigarette Tax
       Cigar and Tobacco Products Tax
       Hotel Occupancy Tax
       Controlled Substances Tax
       Gas Production Tax
       Battery Fee
       Tire Fee
       Local Tax Rates
       Amusement Tax

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 111.010 (Suit to Recover Taxes),
           Subsection (c), Tax Code, by providing that venue for,
           and jurisdiction of, a suit arising under this section
           is exclusively conferred upon the district courts of
           Travis County.

SECTION 2. Amends Section 111.060 (Interest on Delinquent Tax),
           Subsection (c), Tax Code, to provide that Subsection (b)
           of this section does not apply to the taxes imposed by
           certain chapters of this code or under an agreement made
           under Section 153.017 of this code.

SECTION 3. Amends Section 111.101 (Settlement Before
           Redetermination), Tax Code, by deleting existing
           Subsection (b) regarding a settlement being ineffective.


SECTION 4. Amends Section 111.201 (Assessment and Refund
           Limitation), Tax Code, by deleting the refund
           provisions.  Also retitles the section "Assessment
           Limitation."

SECTION 5. Amends Sections 151.0047 (Real Property Repair and
           Remodeling), and 151.0048 (Real Property Service), Tax
           Code.

           151.0047 Adds improvements to a manufacturing or
           processing production unit in a petrochemical refinery
           or chemical plant to the definition of "real property
           repair and remodeling," for the purposes of the sales
           tax.

           151.0048 Further defines "real property service" and
           provides a definition for "contractor," for the purposes
           of the sales tax.

SECTION 6. Amends Section 151.154 (Resale Certificate: Liability
           of Purchaser), Tax Code, as follows:

           (a) Requires the purchaser to be liable for payment of
           the sales tax on the value of the taxable item for any
           period during which the taxable item is used, if a
           purchaser who gives a resale certificate makes any
           divergent use of the taxable item. 

           (b) Provides that the value of an item of tangible
           personal property is the fair market rental value of the
           tangible personal property, which is the amount that a
           purchaser would pay on the open market to rent or lease
           the property.  Provides that the value of a taxable
           service is the fair market value of the taxable service. 

           (c) Requires the original purchase price to be the
           measure of the tax, if an item of tangible personal
           property has no fair market rental value or if a taxable
           service has no fair market value.

           (d) Allows the person making the divergent use to pay
           a sales tax on the original purchase price without
           credit for taxes previously paid. 

           (e) Provides that a purchaser of a taxable item is
           exempted from the tax if the item is donated to an
           exempted organization.

SECTION 7. Amends Section 151.155 (Exemption Certificate), Tax
           Code, as follows:

           (a) Requires the purchaser to be liable for payment of
           the sales tax on the value of the taxable item for any
           period during which the taxable item is used, if a
           purchaser who gives a resale certificate makes any
           divergent use of the taxable item. 

           (b) Provides that the value of an item of tangible
           personal property is the fair market rental value of the
           tangible personal property, which is the amount that a
           purchaser would pay on the open market to rent or lease
           the property.  Provides that the value of a taxable
           service is the fair market value of the taxable service. 

           (c) Requires the original purchase price to be the
           measure of the tax, if an item of tangible personal
           property has no fair market rental value or if a taxable
           service has no fair market value.

           (d) Allows the person making the divergent use to pay
           a sales tax on the original purchase price without
           credit for taxes previously paid. 

           (e) Provides that a purchaser of a taxable item is
           exempted from the tax if the item is donated to an
           exempted organization.


SECTION 8. Amends Section 151.157 (Customs Brokers), Subsection
           (f), Tax Code, to change the citation from
           Administrative Procedure and Texas Register Act to the
           Government Code.

SECTION 9. Amends Section 151.3111 (Services on Certain Exempted
           Personal Property), Subsection (b), Tax Code to clarify
           that service on machinery and equipment (originally
           purchased for more than $50,000) used in the commercial
           timber industry, is not exempt from sales, use and
           excise taxes.

SECTION 10.    Amends Section 151.313 (Health Care Supplies),
               Subsection (a), Tax Code, by including hospital
               beds in the items that are exempted from the taxes
               imposed by this chapter.

SECTION 11.    Amends Section 151.314 (Food and Food Products),
               Subsection (e), Tax Code, by providing that a sale
               is exempted under this subsection if the sale is
               made by a person under 19 years old who is a member
               of a nonprofit organization.  Current law exempts
               persons under 18 years of age.

SECTION 12.    Amends Section 151.316 (Agricultural Items), Tax
               Code, by amending Subsection (a) and adding
               Subsections (c) and (d), as follows:

           (a)  Expands the definition of "machinery and equipment"
           used in the processing, packing and marketing of
           agricultural products to include required pollution
           control equipment.  Also codifies the qualification of
           an "original producer."  A producer qualifies if more
           than 95% of the products being processed belong to that
           producer.

           (c)  Defines "farm or ranch" and "original producer."

           (d)  Authorizes two or more corporations that operate
           agricultural activities on the same tract or adjacent
           tracts of land and that are entirely owned by an
           individual or a combination of the individual, the
           individual's spouse, and the individual's children to
           qualify as an "original producer" for the purposes of
           Subsection (a)(8).

SECTION 13.    Amends Subchapter H, Chapter 151, Tax Code, by
               adding Section 151.3161 TIMBER OPERATIONS.

           (a) Exempts the first $50,000 worth of each unit of
           machinery or equipment that is used in a commercial
           timber operation, from sales, use and excise taxes.

           (b) Provides that Subsection (a) does not apply to the
           purchase of machinery or equipment through a rental or
           lease agreement with a term of less than 12 months.

           (c) Defines "machinery or equipment."

SECTION 14.    Amends Section 151.317 (Gas and Electricity),
               Subsection (c), Tax Code, to further define
               "residential use."  Also adds the off-wing repair
               of jet engines to the category of "commercial use."

SECTION 15.    Amends Sections 151.318 (Property Used in
               Manufacturing), Tax Code, by amending Subsections
               (b), (e), (m), and (n) and adding Subsection (q),
               as follows:

           (b) Includes semiconductor fabrication cleanrooms and
           equipment to the list of items that are exempt from
           sales, use and excise taxes.

           (e) Provides that this section does not apply to taxable
           items rented or leased for less than one year.
           (m) Adds a reference to Subsection (h)(5) [a 75 percent
           reduction of sales & use tax for property purchased
           during 1994] to the list of refunds that do not affect
           the application of local sales and use taxes.

           (n) Adds supplies, including aluminum oxide, nitric
           acid, and sodium cyanide used in electrochemical plating
           or a similar process that are used in the overhauling,
           retrofitting, or repairing of jet engines to the items
           that are eligible for a refund or reduction in taxes.

           (q)  Defines "semiconductor fabrication cleanrooms and
           equipment."

SECTION 16.    Amends Section 151.319 (Newspapers and Property
               Used in Newspaper Publication), Subsection (e), Tax
               Code, to delete wrapping, packing, and packaging
               supplies from the list of items not exempted from
               sales and use taxes.

SECTION 17.    Amends Section 151.342 (Agribusiness Items), Tax
               Code, to include poultry cages that are used
               exclusively as containers for transporting poultry
               from a poultry farm to a location where the poultry
               is processed, packaged, or marketed to the items
               exempt from sales and use taxes.

SECTION 18.    Amends Section 151.350 (Labor to Repair Certain
               Property), Tax Code, as follows:

           Retitles the section "Labor to Restore Certain
           Property." 

           (a)  Provides that labor to restore (rather than
           repair), real or tangible personal property is exempted
           from the taxes imposed by this chapter if the
           restoration is performed on damaged property in a
           disaster area, if the damage was caused by the disaster.

           (b)  Provides that the exemption does not apply to
           tangible personal property transferred by the service
           provider to the purchaser as part of the service.

           (d)  Defines "restore."

SECTION 19.    Amends Section 151.509 (Petition for
               Redetermination), Tax Code, to require a person
               petitioning for a redetermination of a
               determination made under Section 111.022 to file,
               before the determination becomes final, security as
               the comptroller requires to ensure compliance with
               this chapter.  Authorizes the security to be sold
               by the comptroller in the manner provided by
               Chapter 111A.

SECTION 20.    Amends Section 151.712 (Civil Penalty for Persons
               Certifying Exports), Subsection (g), Tax Code, to
               change the citation from the Administrative
               Procedure and Texas Register Act to the Government
               Code.

SECTION 21.    Amends Sections 153.002 (Tax Liability on Leased
               Vehicles), Subsections (b) and (d), Tax Code, as
               follows:

           (b) Deletes the requirement of filing a bond with an
           application for an interstate trucker's permit.

           (d) Makes the filing of certain documents relating to
           an application for an interstate trucker's permit
           permissive (i.e. "may" instead of "shall").

SECTION 22.    Amends Section 153.017 (Cooperative Agreements with
               Other States), Tax Code, by amending Subsections
               (b) and (f) and by adding Subsections (g) and (h),
               as follows:

           (b) Allows agreements between states to include
           additional information.

           (f) Provides a statute of this state prevails over an
           inconsistent rule of the comptroller. A statute of this
           state prevails over an inconsistent provision of an
           agreement entered into under this section, except as
           otherwise provided by this section.

           (g) Authorizes the comptroller to segregate in a
           separate fund or account, the amount of motor fuel taxes
           estimated to be due to other jurisdictions or otherwise
           subject to refund during the fiscal year, penalties and
           interest on those taxes due other jurisdictions,
           licensing fees, and other costs collected under the
           agreement.  Authorizes the comptroller to issue a
           warrant or make an electronic transfer of the amount as
           necessary to carry out the purposes of the agreement on
           a determination of an amount held that is due to be
           remitted to another jurisdiction.  Authorizes an
           auditing cost, membership fee, and other cost associated
           with the agreement to be paid from interest earned on
           funds segregated under this subsection.  Requires any
           interest earnings in excess of the costs associated with
           the agreement to be credited to general revenue.

           (h) Provides that the legislature finds that it is in
           the public interest to enter into motor fuel tax
           agreements with other jurisdictions that may provide for
           the temporary remittal of amounts due other
           jurisdictions that exceed the amounts collected. 
           Requires the comptroller to ensure that reasonable
           measures are developed to recover motor fuel taxes and
           other amounts due this state during each biennium.

SECTION 23.    Amends Section 153.116 (Bonds and Other Security
               for Taxes), Subsection (e), Tax Code, by deleting
               references to the F.S.L.I.C.

SECTION 24.    Amends Section 153.205 (Statement for Diesel Fuel
               Tax Free), Tax Code, by adding Subsection (i), to
               prohibit a permitted supplier from making a tax-free sale to a purchaser using a signed statement
               for the sale of more than 3,000 gallons of diesel
               fuel in a single transaction, or in a calendar
               month in which the supplier has previously sold
               more than 10,000 gallons of diesel fuel to the
               purchaser.

SECTION 25.    Amends Section 153.206 (Collection and Payment of
               Tax: Allowances), Subsection (f), Tax Code, by
               correctly identifying  the commodity being sold,
               which is "diesel fuel," not "gasoline."

SECTION 26.    Amends Section 153.218 (Bonds and Other Security
               for Taxes), Subsection (e), Tax Code, by deleting
               references to the F.S.L.I.C.

SECTION 27.    Amends Section 153.220 (Invoices), Subsection (a),
               Tax Code, to require  delivery of diesel fuel into
               the fuel supply tanks of a motor vehicle operated
               for commercial purposes and described by Section
               153.001(12), rather than having a capacity of 60 or
               more gallons, to be evidenced by an invoice issued
               in duplicate by a dealer.

SECTION 28.    Amends Section 153.304 (Dealer's Permit), Tax Code,
               to provide that a dealer's permit authorizes a
               dealer to collect and remit taxes on liquefied gas
               delivered into the fuel supply tanks of motor
               vehicles displaying an out-of-state license plate,
               the motor vehicle of an interstate trucker licensed
               under an agreement entered into under Section
               153.017, or a motor vehicle displaying a motor
               vehicle dealer's liquefied gas tax decal.

SECTION 29.    Amends Section 153.305 (Liquified Gas Tax Decal
               Permit), Tax Code, by adding Subsection (e), to
               provide that an interstate trucker is not required
               to prepay the tax under Subsection (a) for a motor
               vehicle operated for commercial purposes and
               described by Section 153.001(12).


SECTION 30.    Amends Section 153.306 (Interstate Trucker's
               Permit), Tax Code, by allowing persons to import
               liquified gas into the state, but prohibits them
               from receiving liquified gas for their vehicles
               without the proper decal.

SECTION 31.    Amends Section 153.402 (Prohibited Acts; Civil
               Penalties), Tax Code, to provide that a person
               forfeits to the state a civil penalty of not less
               than $25 nor more than $200 if the person makes a
               delivery of liquefied gas into the fuel supply tank
               of a motor vehicle bearing Texas license plates and
               no Texas liquefied gas tax decal, unless licensed
               under a multistate fuels tax agreement.

SECTION 32.    Amends Section 153.403 (Criminal Offenses), Tax
               Code, by establishing that operating a motor
               vehicle on liquified gas without the proper decal
               is an offense.

SECTION 33.    Amends Section 154.042 (Distributor), Subsection
               (d), Tax Code, by changing the citation from the
               Civil Statutes to the Government Code.

SECTION 34.    Amends Section 154.051 (Cigarette Tax Recovery
               Trust Fund), Subsection (m), Tax Code, by changing
               the citation from the Civil Statutes to the
               Government Code.

SECTION 35.    Amends Section 154.101 (Permits), Subsection (g),
               Tax Code, by changing the citation from the Civil
               Statutes to the Government Code.

SECTION 36.    Amends Section 154.114 (Suspension or Revocation of
               a Permit), Tax Code, as follows:

           Retitles the Section "Final Suspension or Revocation of
           a Permit."

           (a) Authorizes the treasurer to suspend or revoke a
           person's permit.

           (c) Requires the treasurer to mail the written notice
           by certified mail, return receipt requested, to the
           permit holder's mailing address as it appears on the
           treasurer's records.

           (d) Requires the treasurer to give the permit holder not
           less than 10 days' notice of a final hearing.

SECTION 37.    Amends Subchapter D, Chapter 154 (Cigarette Tax),
               Tax Code, by adding Section 154.1141 SUMMARY
               SUSPENSION OF A PERMIT.

           (a) Authorizes the treasurer to suspend a person's
           permit without notice or a hearing for failure to comply
           with this chapter or a rule adopted under this chapter
           if the person's continued operation constitutes an
           immediate and substantial threat to the collection of
           taxes imposed by this chapter. 

           (b) Requires proceedings for a preliminary hearing
           before the treasurer or the treasurer's representative,
           to be initiated simultaneously with the summary
           suspension if the treasurer summarily suspends a
           person's permit.  Requires the preliminary hearing to
           be set not later than 10 days after summary suspension. 

           (c) Requires the permit holder to show cause, at the
           preliminary hearing, why the permit should not remain
           suspended pending a final hearing on suspension or
           revocation.

           (d) Provides that Chapter 2001, Government Code, does
           not apply to a summary suspension under this section.

           (e) Requires the treasurer to serve notice on the permit
           holder informing the permit holder of the right to a
           preliminary hearing before the treasurer or the
           treasurer's representative, and of the time and place
           of the preliminary hearing to initiate a proceeding to
           summarily suspend a person's permit.  Requires the
           notice to be personally served on the permit holder, or
           sent by mail, to the permit holder's mailing address as
           it appears in the treasurer's records.  Requires the
           notice to state the alleged violations that constitute
           the grounds for summary suspension.  Provides that the
           suspension is effective at the time the notice is
           served.  Requires the permit holder to immediately
           surrender the permit to the treasurer or the treasurer's
           representative if the notice is served in person. 
           Requires the permit holder to immediately return the
           permit to the treasurer if notice is served by mail.

           (f) Provides that Section 154.114 (Suspension or
           Revocation of a Permit), governs a final administrative
           hearing under this section.

SECTION 38.    Amends Section 154.1145 (Hearings), Tax Code, to
               require the treasurer to conduct all hearings
               required by this chapter in accordance with Chapter
               2001, Government Code, unless otherwise provided by
               this chapter.

SECTION 39.    Amends Section 154.201 (Record of Purchase or
               Receipt), Tax Code, to add export warehouses to the
               businesses that are required to keep records of all
               cigarettes purchased or received.

SECTION 40.    Amends Section 154.301 (Investigation and Audit
               Costs), Tax Code, as follows:

           Retitles the Section "Compliance Investigation and
           Recovery of Costs."

           Authorizes the treasurer to collect from a person who
           has failed to comply with this chapter reasonable
           expenses incurred in the compliance investigation as an
           additional penalty.  Authorizes the comptroller to use
           funds as appropriated by the legislature.

SECTION 41.    Amends Section 154.304 (Inspection), Subsection
               (a), Tax Code, to authorize the treasurer to remain
               on the premises as long as necessary to determine
               the tax liability of a person dealing in
               cigarettes, or to determine compliance with this
               chapter.

SECTION 42.    Amends Section 154.308 (Deficiency Determination),
               Tax Code, as follows:

           Retitles the Section "Deficiency Determination,
           Penalties and Interest."

           Allows the treasurer to determine penalties and interest
           in the same manner as in determining a deficiency of
           taxes.

SECTION 43.    Amends Section 155.041 (Permits), Subsection (g),
               Tax Code, by changing the citation from the Civil
               Statutes to the Government Code.

SECTION 44.    Amends Section 155.059 (Suspension or Revocation of
               a Permit), Tax Code, as follows:

           Retitles the Section "Final Suspension or Revocation of
           Permit. 
           
           (a) Authorizes the treasurer to suspend or revoke a
           person's permit.

           (c) Requires the treasurer to mail the written notice
           by certified mail, return receipt requested, to the
           permit holder's mailing address as it appears on the
           treasurer's records.

           (d) Requires the treasurer to give the permit holder not
           less than 10 days' notice of a final hearing.


SECTION 45.    Amends Subchapter C, Chapter 155, Tax Code, by
               adding Section 155.0591 SUMMARY SUSPENSION OF A
               PERMIT. 

           (a) Authorizes the treasurer to suspend a person's
           permit without notice or a hearing for failure to comply
           with this chapter or a rule adopted under this chapter
           if the person's continued operation constitutes an
           immediate and substantial threat to the collection of
           taxes imposed by this chapter.

           (b) Requires proceedings for a preliminary hearing
           before the treasurer or the treasurer's representative
           to be initiated simultaneously with the summary
           suspension if the treasurer summarily suspends a
           person's permit.  Requires the preliminary hearing to
           be set not later than 10 days after summary suspension.

           (c) Requires the permit holder to show cause, at the
           preliminary hearing, why the permit should not remain
           suspended pending a final hearing on suspension or
           revocation.

           (d) Provides that Chapter 2001, Government Code, does
           not apply to a summary suspension under this section.

           (e) Requires the treasurer to serve notice on the permit
           holder informing the permit holder of the right to a
           preliminary hearing before the treasurer or the
           treasurer's representative, and of the time and place
           of the preliminary hearing to initiate a proceeding to
           summarily suspend a person's permit.  Requires the
           notice to be personally served on the permit holder, or
           sent by mail, to the permit holder's mailing address as
           it appears in the treasurer's records.  Requires the
           notice to state the alleged violations that constitute
           the grounds for summary suspension.  Provides that the
           suspension is effective at the time the notice is
           served.  Requires the permit holder to immediately
           surrender the permit to the treasurer or the treasurer's
           representative if the notice is served in person. 
           Requires the permit holder to immediately return the
           permit to the treasurer if notice is served by mail.

           (f) Provides that Section 155.059 (Suspension or
           Revocation of a Permit), governs a final administrative
           hearing under this section.

SECTION 46.    Amends Section 155.0595 (Hearings), Tax Code, to
               require the treasurer to conduct all hearings
               required by this chapter in accordance with Chapter
               2001, Government Code, unless otherwise provided by
               this chapter.

SECTION 47.    Amends Section 155.101 (Record of Purchase or
               Receipt), Tax Code, to add export warehouses to the
               businesses that are required to keep records of all
               tobacco products purchased or received.

SECTION 48.    Amends Section 155.181 (Investigation and Audit
               Costs), Tax Code, as follows:

           Retitles the Section "Compliance Investigation and
           Recovery of Costs."

           Authorizes the treasurer to collect from a person who
           has failed to comply with this chapter reasonable
           expenses incurred in the compliance investigation as an
           additional penalty.  Authorizes the comptroller to use
           funds as appropriated by the legislature.

SECTION 49.    Amends Section 155.183 (Inspection), Subsection
               (a), Tax Code, to authorize the treasurer to remain
               on the premises as long as necessary to determine
               the tax liability of a person dealing in tobacco
               products, or to determine compliance with this
               chapter.



SECTION 50.    Amends Section 155.185 (Deficiency Determination),
               Tax Code, as follows:

           Retitles the Section "Deficiency Determination,
           Penalties and Interest."

           Allows the treasurer to determine penalties and interest
           in the same manner as in determining a deficiency of
           taxes.

SECTION 51.    Amends Section 155.212 (Books and Records), Tax
               Code, to provide that a person commits an offense
               if the person knowingly makes, delivers to, and
               files with the treasurer a false or incomplete
               return or report.

SECTION 52.    Amends Section 156.001 (Definitions), Tax Code, to
               expand the definition of what is not a "hotel."

SECTION 53.    Amends Section 159.101 (Tax Imposed; Rate of Tax),
               Subsections (f), (g), (h), and (i), Tax Code, as
               follows:

           Deletes Subsection (f) regarding a tax collection in
           jeopardy, and redesignates the remaining Subsections
           (f)-(h). 

SECTION 54.    Amends Section 159.103 (Exemption), Tax Code, to
               provide that the possession, purchase, acquisition,
               importation, manufacture, or production of a
               taxable substance is exempt from the tax imposed by
               this chapter, if the activity is authorized by law.

SECTION 55.    Amends the heading to Subchapter C, Chapter 159,
               Tax Code, from "CRIMINAL PROVISIONS; SEIZURE AND
               FORFEITURE," to "CRIMINAL PROVISIONS."

SECTION 56.    Amends Section 159.203 (Previously Used
               Certificates), Tax Code, to provide that an offense
               under this section is a felony of the third degree. 
               Provides that venue of a prosecution under this
               section is in Travis County.

SECTION 57.    Amends Section 159.205 (Forfeiture), Tax Code, as
               follows:

           Retitles the Section, "Right to Collect Subordinate to
           Other Laws."

           (a)  Deletes Subsection (a) regarding seized property
           and redesignates the last paragraph of the remaining
           text as Subsection (b).

SECTION 58.    Amends Section 159.206 (Settlement or Compromise of
               Tax), Tax Code, by deleting Subsection (b)
               regarding an administrative hearing.

SECTION 59.    Amends Section 201.201 (Tax Due), Tax Code, to
               provide that the tax imposed by this chapter for
               gas produced and saved is due at the office of the
               comptroller in Austin on the 20th day of the second
               month following the month of production, rather
               than the last day of each calendar month for gas
               produced and saved in the preceding month.

SECTION 60.    Amends Section 361.138 (Fee on the Sale of
               Batteries), Health and Safety Code, by amending
               Subsection (a) and adding Subsections (l), (m), and
               (n), as follows:

           (a)  Defines "engaged in business in this state," "lead-acid battery," "purchased for resale," "storage," and
           "use."

           (l)  Imposes a fee on the storage, use, or other
           consumption in this state, of a lead-acid battery at the
           same rate as provided by Subsection (b), unless
           purchased for resale.


           (m)  Provides that a person storing, using, or consuming
           a lead-acid battery in this state is liable for the fee,
           and is responsible for reporting and paying it to the
           comptroller in the same manner as under Subsections
           (c)(2) and (d).

           (n)  Provides that a person storing, using, or consuming
           a lead-acid battery in this state is not liable for the
           fee once the person has paid the fee and received a
           receipt showing that the fee has been paid.

SECTION 61.    Amends Section 361.472 (Waste Tire Recycling Fees),
               Health and Safety Code, by adding Subsection (k) to
               define "engaged in business in this state,"
               "purchased for resale," "storage," and "use." 

SECTION 62.    Amends Section 361.472 (Waste Tire Recycling Fees),
               Subsection (c), Health and Safety Code, to exclude
               bicycle tires or solid industrial tires from the
               fee.

SECTION 63.    Amends Section 4A(e), Development Corporation Act
               of 1979, (Article 5190.6, Revised Statutes), to
               provide that the tax imposed by this section takes
               effect as provided by Section 321.102(a), Tax Code. 
               Deletes the provision regarding concurrent
               elections.

SECTION 64.    Amends Sections 12(3) and (6), Article 8817
               (Regulation of musical, skill, or pleasure coin-operated machines), Revised Statutes, to delete the
               requirement that statements accompanying
               applications for licensure be sworn.

SECTION 65.    Amends Section 19(1), Article 8817, Revised
               Statutes, by deleting references to import
               licenses.

SECTION 66.    Repeals Section 159.204 (Property Subject to
               Seizure), Tax Code.

SECTION 67.    Provides that the changes in law made by this Act
               do not affect the collection or enforcement of
               taxes imposed before the effective date, with the
               exception of changes made to Section 201.201, Tax
               Code.

           Statement of legislative intent: The changes to Section
           151.318(b)(2) and (q), Tax Code, other than the last two
           sentences of Subsection (q), be considered as a
           clarification of existing law, and not a substantive
           change.

SECTION 68.    Requires the comptroller to administer this Act
               consistent with legislation (if enacted),
               transferring the responsibilities of the treasurer
               to the comptroller.

SECTION 69.    Effective Date:  October 1, 1995.

SECTION 70.    Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 640 contains language that includes improvements to a
manufacturing or processing production unit in a petrochemical
refinery or chemical plant to the definition of "real property
repair and remodeling," for the purposes of the sales tax.  S.B.
640 does not include this language.

C.S.S.B 640 clarifies the exemption for machinery and equipment
used in the timber industry by amending Section 151.311, and adding
Section 151.3161, Tax Code, whereas S.B. 640 includes this
clarification in Section 151.316.

C.S.S.B. 640 expands the definition of "machinery and equipment"
used in the processing, packing and marketing of agricultural
products to include required pollution control equipment.  Also
codifies the qualification of an "original producer."  A producer
qualifies if more than 95% of the products being processed belong
to that producer.  S.B. 640 does not include this language.

C.S.S.B. 640 also provides a clarification of the exemption for
containers used in transporting poultry.  S.B. 640 does not include
this language.

C.S.S.B. 640 expands the definition of what is not considered a
hotel, by specifying dormitories that are owned or leased and
operated by an institution of higher education.  S.B. 640 only
specifies dormitories that are owned and operated by an institution
of higher education.

C.S.S.B 640 also includes a statement of legislative intent for
Sections 151.318(b)(2) and (q).  S.B. 640 does not include a
statement of intent.

S.B. 640 defines "debt collection services" for purposes of the
sales, use and excise tax.  C.S.S.B 640 does not contain this
provision.

SUMMARY OF COMMITTEE ACTION

Pursuant to an announcement on the House floor, the committee met
in a formal meeting on April 27, 1995.  The chair laid out S.B.
640.  The committee considered a complete substitute by
Representative Holzheauser.  Without objection, C.S.H.B. 640 was
adopted.  By a record vote of 7 ayes, 0 nays, 0 present not voting
and 4 absent, the committee voted to report S.B. 640 to the House
as substituted with the recommendation that it do pass.