74R11335 CBH-D
          By Rodriguez, et al.                                  H.B. No. 1807
          Substitute the following for H.B. No. 1807:
          By Craddick                                       C.S.H.B. No. 1807
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to application of the sales and use tax to certain
    1-3  aircraft.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 151.328(a), (b), (d), and (e), Tax Code,
    1-6  are amended to read as follows:
    1-7        (a)  Aircraft are exempted from the taxes imposed by this
    1-8  chapter if:
    1-9              (1)  sold to a person using the aircraft as a
   1-10  certificated or licensed carrier of persons or property;
   1-11              (2)  sold to a person who:
   1-12                    (A)  has a sales tax permit issued under this
   1-13  chapter; and
   1-14                    (B)  uses the aircraft <used> for the <exclusive>
   1-15  purpose of providing flight <training or instructing pilots in a
   1-16  licensed course of> instruction that is:
   1-17                          (i)  recognized by the Federal Aviation
   1-18  Administration;
   1-19                          (ii)  under the direct or general
   1-20  supervision of a flight instructor certified by the Federal
   1-21  Aviation Administration; and
   1-22                          (iii)  designed to lead to a pilot
   1-23  certificate or rating issued by the Federal Aviation Administration
   1-24  or otherwise required by a rule or regulation of the Federal
    2-1  Aviation Administration;
    2-2              (3)  sold to a foreign government; or
    2-3              (4)  sold to a person for use and registration in
    2-4  another state or nation before any use in this state other than
    2-5  flight training in the aircraft and the transportation of the
    2-6  aircraft out of this state.
    2-7        (b)  Repair, remodeling, and maintenance services to
    2-8  aircraft, including an engine or other component part of aircraft,
    2-9  operated by a person described by Subsection (a)(1) or (a)(2)
   2-10  <certificated or licensed carrier of persons or property or to an
   2-11  engine or other component part of an aircraft operated by a
   2-12  certificated or licensed carrier of persons or property> are
   2-13  exempted from the taxes imposed by this chapter.
   2-14        (d)  Machinery, tools, supplies, and equipment used or
   2-15  consumed exclusively in the repair, remodeling, or maintenance of
   2-16  aircraft, aircraft engines, or aircraft component parts by or on
   2-17  behalf of a person described by Subsection (a)(1) or (a)(2)
   2-18  <certificated or licensed carrier of persons or property> are
   2-19  exempted from the taxes imposed by this chapter.
   2-20        (e)  Tangible personal property that is permanently affixed
   2-21  or attached as a component part of an aircraft owned or operated by
   2-22  a person described by Subsection (a)(1) or (a)(2), or that is
   2-23  necessary for the normal operations of the aircraft and is pumped,
   2-24  poured, or otherwise placed in the aircraft, <certificated or
   2-25  licensed carrier of persons or property> is exempted from the taxes
   2-26  imposed by this chapter.
   2-27        SECTION 2.  (a)  This Act takes effect on the first day of
    3-1  the first calendar quarter beginning on or after the date that it
    3-2  may take effect under Section 39, Article III, Texas Constitution.
    3-3        (b)  The change in law made by this Act does not affect taxes
    3-4  imposed before the effective date of this Act, and the law in
    3-5  effect before the effective date of this Act is continued in effect
    3-6  for purposes of the liability for and collection of those taxes.
    3-7        SECTION 3.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended,
   3-12  and that this Act take effect and be in force according to its
   3-13  terms, and it is so enacted.