Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Gutierrez H.B. No. 3451
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a procedure that will prevent
1-3 fraudulent use of manifestos.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 151, Tax Code, is amended as follows:
1-6 Sec. 151.307. Exemptions Required by Prevailing Law.
1-7 (a) Tangible personal property or services that this state is
1-8 prohibited from taxing by the law of the United States, the United
1-9 States Constitution, or the Constitution of Texas is exempted from
1-10 the taxes imposed by this chapter.
1-11 (b) When an exemption is claimed because tangible personal
1-12 property is exported beyond the territorial limits of the United
1-13 States, proof of exports may be shown only by:
1-14 (1) a bill of lading issued by a licensed and
1-15 certificated carrier of persons or property showing the seller as
1-16 cosigner, the buyer as cosignee, and a delivery point outside the
1-17 territorial limits of the United States;
1-18 (2) documentation:
1-19 (A) provided by a United States Customs Broker
1-20 licensed by the comptroller under Section 151.157;
1-21 (B) certifying that delivery was made to a point
1-22 outside the territorial limits of the United States; and
1-23 (C) to which a stamp issued under Section
1-24 151.158 is affixed in the manner required by that section or
2-1 Section 151.157;
2-2 (3) import documents from the country of destination
2-3 showing that the property was imported into a country other than
2-4 the United States;
2-5 (4) an original airway, ocean, or railroad bill of
2-6 lading and a forwarder's receipt if an air ocean, or rail freight
2-7 forwarder takes possession of the property; or
2-8 (5) any other manner provided by the comptroller for
2-9 an enterprise authorized to make tax-free purchases under Section
2-10 151.156.
2-11 (c) If taxes are paid on tangible personal property exported
2-12 beyond the limits of the United States, purchasers may recover
2-13 taxes paid, only upon mailing to the retailor originals or copies
2-14 of purchase receipts attached to documentation as described in
2-15 subsection (b)(2). Purchase receipt(s) and documentation must be
2-16 mailed from a territory beyond the limits of the United States.
2-17 Upon receiving receipt(s) and documentation, retailors must mail
2-18 taxes paid on tangible personal property, exported beyond the
2-19 limits of the United States to the foreign address, within 21
2-20 business days, less administrative costs.
2-21 (d) Documentation, including the stamp affixed to the
2-22 documentation, that is provided by a customs broker licensed by the
2-23 comptroller under Section 151.157 is presumed valid in the absence
2-24 of clear and convincing evidence that the tangible personal
2-25 property covered by the documentation was not exported outside the
2-26 territorial limits of the United States.
2-27 (e) In the section:
2-28 (1) "Air forwarded" means a licensed International Air
2-29 Transportation Association freight forwarder.
2-30 (2) "Ocean forwarder" means a licensed Federal
3-1 Maritime Commission freight forwarder.