By Cuellar, Gutierrez, Craddick, Hilderbran,           H.B. No. 209
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to exempting the purchase of certain school supplies,
 1-3     school books, and other school materials from the sales tax.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
 1-6     by adding Section 151.326 to read as follows:
 1-7           Sec. 151.326.  SCHOOL SUPPLIES, TEXTBOOKS, BOOKS, AND OTHER
 1-8     INSTRUCTIONAL MATERIALS BEFORE START OF SCHOOL.  (a)  The sale or
 1-9     storage, use, or other consumption of a school supply is exempted
1-10     from the taxes imposed by this chapter if the school supply is
1-11     purchased:
1-12                 (1)  for use by a student in a class in a public or
1-13     private elementary or secondary school, including textbooks, books,
1-14     and other instructional materials;
1-15                 (2)  during August; and
1-16                 (3)  for a sales price of less than $75 per item.
1-17           (b)  For purposes of this exemption, "school supply" means:
1-18                 (1)  crayons;
1-19                 (2)  scissors;
1-20                 (3)  glue, paste, and glue sticks;
1-21                 (4)  pencils;
1-22                 (5)  pens;
1-23                 (6)  erasers;
1-24                 (7)  rulers;
1-25                 (8)  markers;
 2-1                 (9)  highlighters;
 2-2                 (10)  paper, including loose-leaf ruled notebook paper,
 2-3     copy paper, graph paper, tracing paper, manila paper, colored
 2-4     paper, poster board, and construction paper;
 2-5                 (11)  writing tablets;
 2-6                 (12)  spiral notebooks;
 2-7                 (13)  bound composition notebooks;
 2-8                 (14)  pocket folders;
 2-9                 (15)  plastic folders;
2-10                 (16)  expandable portfolios;
2-11                 (17)  manila folders;
2-12                 (18)  three-ring binders that are three inches or less
2-13     in capacity;
2-14                 (19)  backpacks and zipper pencil bags;
2-15                 (20)  school supply boxes;
2-16                 (21)  clipboards;
2-17                 (22)  index cards;
2-18                 (23)  index card boxes;
2-19                 (24)  calculators;
2-20                 (25)  protractors;
2-21                 (26)  compasses;
2-22                 (27)  music notebooks;
2-23                 (28)  sketch or drawing pads;
2-24                 (29)  paintbrushes;
2-25                 (30)  watercolors;
2-26                 (31)  acrylic, tempera, or oil paints;
2-27                 (32)  tape, including masking tape and Scotch tape;
 3-1                 (33)  clay and glazes;
 3-2                 (34)  pencil sharpeners;
 3-3                 (35)  thesauruses; and
 3-4                 (36)  dictionaries.
 3-5           (c)  A retailer is not required to obtain an exemption
 3-6     certificate stating that the school supplies are purchased for use
 3-7     by a student in a class in a public or private elementary or
 3-8     secondary school unless the supplies are purchased in a quantity
 3-9     that indicates that the supplies are not purchased for use by a
3-10     student in a class in a public or private elementary or secondary
3-11     school.
3-12           SECTION 2.  (a)  Notwithstanding any other provision of this
3-13     Act, the governing body of a local taxing authority that imposes a
3-14     local sales and use tax may repeal an exemption to that tax
3-15     authorized by this Act if the governing body finds by an
3-16     appropriate order, including an ordinance, that the exemption would
3-17     materially impair the obligation of any contract existing at the
3-18     time this Act goes into effect and to which the local taxing
3-19     authority is a party.
3-20           (b)  The secretary of the local taxing authority adopting an
3-21     order under this section shall send to the comptroller by certified
3-22     or registered mail a copy of the order.
3-23           (c)  The repeal of the exemption takes effect on the first
3-24     day of the month following the expiration of the calendar quarter
3-25     occurring after the date on which the comptroller receives a copy
3-26     of the order.
3-27           SECTION 3.  (a)  This Act takes effect on the first day of
 4-1     the first calendar quarter beginning on or after the date that it
 4-2     may take effect under Section 39, Article III, Texas Constitution.
 4-3           (b)  The change in law made by this Act does not affect taxes
 4-4     imposed before the effective date of this Act, and the law in
 4-5     effect before the effective date of this Act is continued in effect
 4-6     for purposes of the liability for and collection of those taxes.
 4-7           SECTION 4.  The importance of this legislation and the
 4-8     crowded condition of the calendars in both houses create an
 4-9     emergency and an imperative public necessity that the
4-10     constitutional rule requiring bills to be read on three several
4-11     days in each house be suspended, and this rule is hereby suspended,
4-12     and that this Act take effect and be in force according to its
4-13     terms, and it is so enacted.