1-1  By:  Madla                                             S.B. No. 833
    1-2        (In the Senate - Filed March 1, 1995; March 1, 1995, read
    1-3  first time and referred to Committee on Finance; April 28, 1995,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 10, Nays 0; April 28, 1995, sent to printer.)
    1-6  COMMITTEE SUBSTITUTE FOR S.B. No. 833                 By:  Moncrief
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to application of the sales and use tax to certain
   1-10  aircraft.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Subsections (a), (b), (d), and (e), Section
   1-13  151.328, Tax Code, are amended to read as follows:
   1-14        (a)  Aircraft are exempted from the taxes imposed by this
   1-15  chapter if:
   1-16              (1)  sold to a person using the aircraft as a
   1-17  certificated or licensed carrier of persons or property;
   1-18              (2)  sold to a person who:
   1-19                    (A)  has a sales tax permit issued under this
   1-20  chapter; and
   1-21                    (B)  uses the aircraft <used> for the <exclusive>
   1-22  purpose of providing flight <training or instructing pilots in a
   1-23  licensed course of> instruction that is:
   1-24                          (i)  recognized by the Federal Aviation
   1-25  Administration;
   1-26                          (ii)  under the direct or general
   1-27  supervision of a flight instructor certified by the Federal
   1-28  Aviation Administration; and
   1-29                          (iii)  designed to lead to a pilot
   1-30  certificate or rating issued by the Federal Aviation Administration
   1-31  or otherwise required by a rule or regulation of the Federal
   1-32  Aviation Administration;
   1-33              (3)  sold to a foreign government; or
   1-34              (4)  sold to a person for use and registration in
   1-35  another state or nation before any use in this state other than
   1-36  flight training in the aircraft and the transportation of the
   1-37  aircraft out of this state.
   1-38        (b)  Repair, remodeling, and maintenance services to
   1-39  aircraft, including an engine or other component part of aircraft,
   1-40  operated by a person described by Subsection (a)(1) or (a)(2)
   1-41  <certificated or licensed carrier of persons or property or to an
   1-42  engine or other component part of an aircraft operated by a
   1-43  certificated or licensed carrier of persons or property> are
   1-44  exempted from the taxes imposed by this chapter.
   1-45        (d)  Machinery, tools, supplies, and equipment used or
   1-46  consumed exclusively in the repair, remodeling, or maintenance of
   1-47  aircraft, aircraft engines, or aircraft component parts by or on
   1-48  behalf of a person described by Subsection (a)(1) or (a)(2)
   1-49  <certificated or licensed carrier of persons or property> are
   1-50  exempted from the taxes imposed by this chapter.
   1-51        (e)  Tangible personal property that is permanently affixed
   1-52  or attached as a component part of an aircraft owned or operated by
   1-53  a person described by Subsection (a)(1) or (a)(2), or that is
   1-54  necessary for the normal operations of the aircraft and is pumped,
   1-55  poured, or otherwise placed in the aircraft, <certificated or
   1-56  licensed carrier of persons or property> is exempted from the taxes
   1-57  imposed by this chapter.
   1-58        SECTION 2.  (a)  This Act takes effect on the first day of
   1-59  the first calendar quarter beginning on or after the date that it
   1-60  may take effect under Section 39, Article III, Texas Constitution.
   1-61        (b)  The change in law made by this Act does not affect taxes
   1-62  imposed before the effective date of this Act, and the law in
   1-63  effect before the effective date of this Act is continued in effect
   1-64  for purposes of the liability for and collection of those taxes.
   1-65        SECTION 3.  The importance of this legislation and the
   1-66  crowded condition of the calendars in both houses create an
   1-67  emergency and an imperative public necessity that the
   1-68  constitutional rule requiring bills to be read on three several
    2-1  days in each house be suspended, and this rule is hereby suspended,
    2-2  and that this Act take effect and be in force according to its
    2-3  terms, and it is so enacted.
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