H.B. No. 596
1-1 AN ACT
1-2 relating to exempting sales by university and college student
1-3 organizations from the state sales tax.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended
1-6 by adding Section 151.321 to read as follows:
1-7 Sec. 151.321. UNIVERSITY AND COLLEGE STUDENT ORGANIZATIONS.
1-8 (a) A taxable item sold by a qualified student organization is
1-9 exempted from the taxes imposed by Subchapter C if the student
1-10 organization:
1-11 (1) sells the items at a sale that may last for one
1-12 day only the primary purpose of which is to raise funds for the
1-13 organization; and
1-14 (2) holds not more than one sale described by
1-15 Subdivision (1) each month for which the exemption is claimed for
1-16 an item sold.
1-17 (b) A student organization qualifies for the exemption under
1-18 Subsection (a) if the student organization:
1-19 (1) is affiliated with an institution of higher
1-20 education as defined by Section 61.003, Education Code, or a
1-21 private or independent college or university that is located in
1-22 this state and that is accredited by a recognized accrediting
1-23 agency under Section 61.003, Education Code;
1-24 (2) has as its primary purpose a purpose other than
2-1 engaging in business or performing an activity designed to make a
2-2 profit; and
2-3 (3) files a certification with the comptroller as
2-4 required by Subsection (c).
2-5 (c) A student organization must file with the comptroller a
2-6 certification issued by the institution, college, or university
2-7 described in Subsection (b)(1) showing that the organization is
2-8 affiliated with the institution, college, or university. The
2-9 certification is valid for two years after the date that the
2-10 comptroller receives it.
2-11 (d) The storage, use, or consumption of a taxable item
2-12 acquired tax-free under this section is exempted from the use tax
2-13 imposed by Subchapter D until the item is resold or subsequently
2-14 transferred.
2-15 SECTION 2. (a) This Act takes effect on the first day of
2-16 the first calendar quarter beginning on or after the date that it
2-17 may take effect under Section 39, Article III, Texas Constitution.
2-18 (b) The change in law made by this Act does not affect taxes
2-19 imposed before the effective date of this Act, and the law in
2-20 effect before the effective date of this Act is continued in effect
2-21 for purposes of liability for and collection of those taxes.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force according to its
3-1 terms, and it is so enacted.