By Hunter of Taylor                                    H.B. No. 106

      75R1131  CBH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the application of the sales and use tax to tangible

 1-3     personal property held for export.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.   Section 151.307, Tax Code, is amended by adding

 1-6     Subsection (e) to read as follows:

 1-7           (e)  Tangible personal property exported beyond the

 1-8     territorial limits of this state on or before the 175th day after

 1-9     the date of purchase in  this state is presumed to be in the stream

1-10     of export during the period between purchase and export and, unless

1-11     the presumption is overcome, does not lose its exemption as an

1-12     export.  Tangible personal property held in this state for more

1-13     than 175 days after the date of purchase is presumed to have been

1-14     stored in this state and not eligible for an exemption as an

1-15     export.

1-16           SECTION 2.  (a)  This Act takes effect on the first day of

1-17     the first calendar quarter beginning on or after the first date

1-18     that it may take effect under Section 39, Article III, Texas

1-19     Constitution.

1-20           (b)  The change in law made by this Act does not affect taxes

1-21     imposed before the effective date of this Act, and the law in

1-22     effect before that date is continued in effect for purposes of the

1-23     liability for and collection of those taxes.

1-24           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended,

 2-5     and that this Act take effect and be in force according to its

 2-6     terms, and it is so enacted.