1-1                                   AN ACT

 1-2     relating to sales tax exemption for items used in manufacturing

 1-3     tangible personal property for ultimate sale.

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

 1-5           SECTION 1.  Section 151.318, Tax Code, is amended by amending

 1-6     Subsections (a) and (c) and adding Subsections (r) and (s) to read

 1-7     as follows:

 1-8           (a)  The following items are exempted from the taxes imposed

 1-9     by this chapter:

1-10                 (1)  tangible personal property that will become an

1-11     ingredient or component part of tangible personal property

1-12     manufactured, processed, or fabricated for ultimate sale;

1-13                 (2)  tangible personal property directly used or

1-14     consumed in or during the actual manufacturing, processing, or

1-15     fabrication of tangible personal property for ultimate sale if the

1-16     use or consumption of the property is necessary or essential to the

1-17     manufacturing, processing, or fabrication operation and directly

1-18     makes or causes a chemical or physical change to:

1-19                       (A)  the product being manufactured, processed,

1-20     or fabricated for ultimate sale; or

1-21                       (B)  any intermediate or preliminary product that

1-22     will become an ingredient or component part of the product being

1-23     manufactured, processed, or fabricated for ultimate sale; [and]

1-24                 (3)  services performed directly on the product being

 2-1     manufactured prior to its distribution for sale and for the purpose

 2-2     of making the product more marketable;

 2-3                 (4)  actuators, steam production equipment and its

 2-4     fuel, in-process flow through tanks, cooling towers, generators,

 2-5     heat exchangers, electronic control room equipment, computerized

 2-6     control units, compressors, and hydraulic units, that are used to

 2-7     power, supply, support, or control equipment that qualifies for

 2-8     exemption under Subdivision (2) or to generate electricity, chilled

 2-9     water, or steam for ultimate sale; and

2-10                 (5)  machinery, equipment, and replacement parts or

2-11     accessories used or consumed in the actual manufacturing,

2-12     processing, or fabrication of tangible personal property for

2-13     ultimate sale if their use or consumption is necessary and

2-14     essential to a pollution control process.

2-15           (c)  The exemption does not include:

2-16                 (1)  [machinery, equipment, or replacement parts or

2-17     their accessories having a useful life when new in excess of six

2-18     months;]

2-19                 [(2)]  intraplant transportation equipment, including

2-20     intraplant transportation equipment used to move a product or raw

2-21     material in connection with the manufacturing process and

2-22     specifically including all piping and conveyor systems, provided

2-23     that piping that is a component part of a single item of

2-24     manufacturing equipment or pollution control equipment eligible for

2-25     the exemption under Subsection (a)(2), (a)(4), or (a)(5) remains

2-26     eligible for the exemption;

2-27                 (2)  maintenance or janitorial supplies or equipment[,]

 3-1     or other machinery, equipment, materials, or supplies that are used

 3-2     incidentally in a manufacturing, processing, or fabrication

 3-3     operation;

 3-4                 (3)  hand tools; [or]

 3-5                 (4)  office equipment or supplies, equipment or

 3-6     supplies used in sales or distribution activities, research or

 3-7     development of new products, or transportation activities, or other

 3-8     tangible personal property not used in an actual manufacturing,

 3-9     processing, or fabrication operation; or

3-10                 (5)  machinery and equipment or supplies used to

3-11     maintain or store tangible personal property.

3-12           (r)  A taxpayer claiming an exemption under this section has

3-13     the burden of proof that the exemption is applicable and that no

3-14     exclusion under Subsection (c) applies.

3-15           (s)  The following do not apply to the semiconductor

3-16     fabrication cleanrooms and equipment in Subsection (q):

3-17                 (1)  limitations in Subsection (a)(2) that refer to

3-18     tangible personal property directly causing chemical and physical

3-19     changes to the product being manufactured, processed, or fabricated

3-20     for ultimate sale;

3-21                 (2)  Subsection (c)(1); and

3-22                 (3)  Subsection (c)(5).

3-23           SECTION 2.  Sections 151.318(n) and (q), Tax Code, are

3-24     amended to read as follows:

3-25           (n)  A person engaged in overhauling, retrofitting, or

3-26     repairing jet turbine aircraft engines and their component parts is

3-27     entitled to an exemption from the [a refund or a reduction in the

 4-1     amount of] tax imposed by this chapter for the purchase of

 4-2     machinery, equipment, or replacement parts or accessories with a

 4-3     useful life in excess of six months, or supplies, including

 4-4     aluminum oxide, nitric acid, and sodium cyanide, used in

 4-5     electrochemical plating or a similar process that are used or

 4-6     consumed in the overhauling, retrofitting, or repairing.  [The

 4-7     amount of the refund or reduced amount of tax due is the same as

 4-8     provided by Subsection (h) for property covered by Subsection (g).]

 4-9           (q)  For purposes of Subsection (b), "semiconductor

4-10     fabrication cleanrooms and equipment" means all tangible personal

4-11     property, without regard to whether the property is affixed to or

4-12     incorporated into realty, used in connection with the

4-13     manufacturing, processing, or fabrication in a cleanroom

4-14     environment of a semiconductor product, without regard to whether

4-15     the property is actually contained in the cleanroom environment.

4-16     The term includes integrated systems, fixtures, and piping, all

4-17     property necessary or adapted to reduce contamination or to control

4-18     airflow, temperature, humidity, chemical purity, or other

4-19     environmental conditions or manufacturing tolerances, and

4-20     production equipment and machinery.  The term does not include the

4-21     building or a permanent, nonremovable component of the building,

4-22     that houses the cleanroom environment.  The term includes moveable

4-23     cleanroom partitions and cleanroom lighting.  "Semiconductor

4-24     fabrication cleanrooms and equipment" are not "interplant

4-25     transportation equipment" or "used incidentally in a manufacturing,

4-26     processing, or fabrication operation" as those terms are used in

4-27     Subsections (c)(1) and [Subsection] (c)(2).

 5-1           SECTION 3.  Sections 151.318(f)-(m), Tax Code, are repealed.

 5-2           SECTION 4.  This Act takes effect October 1, 1997.

 5-3           SECTION 5.  The importance of this legislation and the

 5-4     crowded condition of the calendars in both houses create an

 5-5     emergency and an imperative public necessity that the

 5-6     constitutional rule requiring bills to be read on three several

 5-7     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1855 was passed by the House on May

         5, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 1855 on May 20, 1997, by a non-record

         vote; and that the House adopted H.C.R. No. 292 authorizing certain

         corrections in H.B. No. 1855 on May 24, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1855 was passed by the Senate, with

         amendments, on May 16, 1997, by a viva-voce vote; and that the

         Senate adopted H.C.R. No. 292 authorizing certain corrections in

         H.B. No. 1855 on May 27, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor