By Gutierrez                                            H.B. No. 86
         76R1241 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to sales tax exemptions.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 151.313(a), Tax Code, is amended to read
 1-5     as follows:
 1-6           (a)  The following items are exempted from the taxes imposed
 1-7     by this chapter:
 1-8                 (1)  a drug or medicine[, other than insulin, if
 1-9     prescribed or dispensed for a human or animal by a licensed
1-10     practitioner of the healing arts];
1-11                 (2)  a diaper [insulin];
1-12                 (3)  a hypodermic syringe or needle;
1-13                 (4)  a brace;  hearing aid or audio loop; orthopedic,
1-14     dental, or prosthetic device;  ileostomy, colostomy, or ileal
1-15     bladder appliance; or  supplies or replacement parts for the listed
1-16     items;
1-17                 (5)  a therapeutic appliance, device, and any related
1-18     supplies specifically designed for those products, if dispensed or
1-19     prescribed by a licensed practitioner of the healing arts, when
1-20     those items are purchased and used by an individual for whom the
1-21     items listed in this subdivision were dispensed or prescribed;
1-22                 (6)  corrective lens and necessary and related
1-23     supplies, if dispensed or prescribed by an ophthalmologist or
1-24     optometrist;
 2-1                 (7)  specialized printing or signalling equipment used
 2-2     by the deaf for the purpose of enabling the deaf to communicate
 2-3     through the use of an ordinary telephone and all materials, paper,
 2-4     and printing ribbons used in that equipment;
 2-5                 (8)  a braille wristwatch, braille writer, braille
 2-6     paper and braille electronic equipment that connects to computer
 2-7     equipment, and the necessary adaptive devices and adaptive computer
 2-8     software;
 2-9                 (9)  each of the following items if purchased for use
2-10     by the blind to enable them to function more independently:  a
2-11     slate and stylus, print enlarger, light probe, magnifier, white
2-12     cane, talking clock, large print terminal, talking terminal, or
2-13     harness for guide dog; and
2-14                 (10)  hospital beds.
2-15           SECTION 2.  Subchapter H, Chapter 151, Tax Code, is amended
2-16     by adding Section 151.325 to read as follows:
2-17           Sec. 151.325.  CERTAIN PRICED CLOTHING OR FOOTWEAR; FABRICS.
2-18     (a)  The sale of an article of clothing or footwear intended to be
2-19     worn on or about the human body is exempted from taxes imposed by
2-20     this chapter if the sales price of the article is less than $50.
2-21           (b)  Subsection (a)  does not apply to:
2-22                 (1)  an article of clothing or footwear primarily
2-23     designed for athletic activity or protective use and that is not
2-24     normally worn except when used for the athletic activity or
2-25     protective use for which it is designed; and
2-26                 (2)  accessories, including jewelry, handbags, luggage,
2-27     umbrellas, wallets, watches, and similar items carried on or about
 3-1     the human body, without regard to whether worn on the body in a
 3-2     manner characteristic of clothing.
 3-3           (c)  The sale of tangible personal property intended to be a
 3-4     component part of an article of clothing or footwear for the human
 3-5     body, including fabric, thread, knitting yarn, buttons, and
 3-6     zippers, is exempted from the taxes imposed by this chapter if:
 3-7                 (1)  the sales price of the property is less than $50;
 3-8     and
 3-9                 (2)  the property is purchased by a person who is not
3-10     in the business of fabricating or manufacturing clothing or
3-11     footwear for sale.
3-12           SECTION 3.  Subchapter H, Chapter 151, Tax Code, is amended
3-13     by adding Section 151.326 to read as follows:
3-14           Sec. 151.326.  SCHOOL SUPPLIES PRIOR TO START OF SCHOOL.  (a)
3-15     A tangible item is exempted from the  taxes imposed by this chapter
3-16     if the item is:
3-17                 (1)  required for use by a student in a class in a
3-18     public or private elementary or secondary school;
3-19                 (2)  on a list issued before the beginning of the
3-20     school year by the teacher of the class or the school in which the
3-21     class takes place; and
3-22                 (3)  purchased during August.
3-23           (b)  Except as provided by Subsection (c), the purchaser must
3-24     give the seller an exemption certificate that certifies in writing
3-25     to the seller that the tangible item qualifies as exempt under
3-26     Subsection (a).
3-27           (c)  An exemption certificate is not required if the seller
 4-1     of the tangible item maintains a separate section or display that
 4-2     contains only items that qualify as exempt under Subsection (a).
 4-3           SECTION 4.  (a)  This Act takes effect on the first day of
 4-4     the first calendar quarter beginning on or after the date that it
 4-5     may take effect under Section 39, Article III, Texas Constitution.
 4-6           (b)  The change in law made by this Act does not affect taxes
 4-7     imposed before the effective date of this Act, and the law in
 4-8     effect before the effective date of this Act is continued in effect
 4-9     for purposes of the liability for and collection of those taxes.
4-10           SECTION 5.  The importance of this legislation and the
4-11     crowded condition of the calendars in both houses create an
4-12     emergency and an imperative public necessity that the
4-13     constitutional rule requiring bills to be read on three several
4-14     days in each house be suspended, and this rule is hereby suspended,
4-15     and that this Act take effect and be in force according to its
4-16     terms, and it is so enacted.