1-1 By: Duncan, Naishtat (Senate Sponsor - Montford) H.B. No. 596
1-2 (In the Senate - Received from the House April 3, 1995;
1-3 April 4, 1995, read first time and referred to Committee on
1-4 Finance; April 28, 1995, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; April 28, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to exempting sales by university and college student
1-9 organizations from the state sales tax.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended
1-12 by adding Section 151.321 to read as follows:
1-13 Sec. 151.321. UNIVERSITY AND COLLEGE STUDENT ORGANIZATIONS.
1-14 (a) A taxable item sold by a qualified student organization is
1-15 exempted from the taxes imposed by Subchapter C if the student
1-16 organization:
1-17 (1) sells the items at a sale that may last for one
1-18 day only the primary purpose of which is to raise funds for the
1-19 organization; and
1-20 (2) holds not more than one sale described by
1-21 Subdivision (1) each month for which the exemption is claimed for
1-22 an item sold.
1-23 (b) A student organization qualifies for the exemption under
1-24 Subsection (a) if the student organization:
1-25 (1) is affiliated with an institution of higher
1-26 education as defined by Section 61.003, Education Code, or a
1-27 private or independent college or university that is located in
1-28 this state and that is accredited by a recognized accrediting
1-29 agency under Section 61.003, Education Code;
1-30 (2) has as its primary purpose a purpose other than
1-31 engaging in business or performing an activity designed to make a
1-32 profit; and
1-33 (3) files a certification with the comptroller as
1-34 required by Subsection (c).
1-35 (c) A student organization must file with the comptroller a
1-36 certification issued by the institution, college, or university
1-37 described in Subsection (b)(1) showing that the organization is
1-38 affiliated with the institution, college, or university. The
1-39 certification is valid for two years after the date that the
1-40 comptroller receives it.
1-41 (d) The storage, use, or consumption of a taxable item
1-42 acquired tax-free under this section is exempted from the use tax
1-43 imposed by Subchapter D until the item is resold or subsequently
1-44 transferred.
1-45 SECTION 2. (a) This Act takes effect on the first day of
1-46 the first calendar quarter beginning on or after the date that it
1-47 may take effect under Section 39, Article III, Texas Constitution.
1-48 (b) The change in law made by this Act does not affect taxes
1-49 imposed before the effective date of this Act, and the law in
1-50 effect before the effective date of this Act is continued in effect
1-51 for purposes of liability for and collection of those taxes.
1-52 SECTION 3. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended,
1-57 and that this Act take effect and be in force according to its
1-58 terms, and it is so enacted.
1-59 * * * * *