By: Armbrister S.R. No. 942
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th
1-2 Legislature, Regular Session, 1997, That Senate Rules 12.03 and
1-3 12.05 be suspended in part as provided by Senate Rule 12.08 to
1-4 enable the conference committee appointed to resolve the
1-5 differences on Senate Bill No. 862 to consider and take action on
1-6 the following specific matter:
1-7 Senate Rules 12.03(4) and 12.05(5) are suspended to permit
1-8 the committee to add an appropriately numbered SECTION to the bill
1-9 to read as follows:
1-10 SECTION __. Subdivision (2), Subsection (c), Section
1-11 151.317, Tax Code, is amended to read as follows:
1-12 (2) "Commercial use" means use by a person engaged in
1-13 selling, warehousing, or distributing a commodity or a professional
1-14 or personal service, but does not include:
1-15 (A) use by a person engaged in:
1-16 (i) processing tangible personal property
1-17 for sale as tangible personal property, other than preparation or
1-18 storage of food for immediate consumption;
1-19 (ii) exploring for, producing, or
1-20 transporting, a material extracted from the earth;
1-21 (iii) agriculture, including dairy or
1-22 poultry operations and pumping for farm or ranch irrigation;
1-23 (iv) electrical processes such as
2-1 electroplating, electrolysis, and cathodic protection; [or]
2-2 (v) the off-wing processing, overhaul, or
2-3 repair of a jet turbine engine or its parts for a certificated or
2-4 licensed carrier of persons or property; or
2-5 (vi) providing, under contracts with or on
2-6 behalf of the United States government or foreign governments,
2-7 defense or national security-related electronics, classified
2-8 intelligence data processing and handling systems, or
2-9 defense-related platform modifications or upgrades; or
2-10 (B) a direct or indirect use, consumption, or
2-11 loss of electricity by an electric utility engaged in the purchase
2-12 of electricity for resale.
2-13 Explanation: The conference committee requests this
2-14 suspension of limitations because of the need to assure that the
2-15 use of gas and electricity in contracted activities relating to
2-16 defense or national security-related electronics, classified
2-17 intelligence data processing and handling systems, or
2-18 defense-related platform modifications or upgrades is not subject
2-19 to unfair taxation.
2-20 ______________________________________
2-21 President of the Senate
2-22 I hereby certify that the above
2-23 Resolution was adopted by the Senate
2-24 on May 30, 1997, by the following
2-25 vote: Yeas 31, Nays 0.
2-26 ______________________________________
2-27 Secretary of the Senate