By Gallego, McClendon, Naishtat H.B. No. 598 Substitute the following for H.B. No. 598: By King of Uvalde C.S.H.B. No. 598 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the application of the sales tax to certain material 1-3 used to restore a damaged residence in a disaster area. 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 151.351 to read as follows: 1-7 Sec. 151.351. BUILDING MATERIAL USED TO RESTORE CERTAIN 1-8 PROPERTY. (a) Building material used to restore a residence 1-9 homestead and incorporated into the homestead is exempt from the 1-10 taxes imposed by this chapter if: 1-11 (1) the amount of the charge for the building material 1-12 is separately itemized; and 1-13 (2) the restoration is performed on a residence 1-14 homestead: 1-15 (A) damaged within a disaster area by the 1-16 condition that caused the area to be declared a disaster area; and 1-17 (B) within 18 months after the date the area is 1-18 declared a disaster area. 1-19 (b) In this section: 1-20 (1) "Building material" means material used to restore 1-21 a residence homestead, including: 1-22 (A) soil, dirt, rock, sand, and other natural or 1-23 man-made inert solid materials used to fill land; 1-24 (B) lumber; 2-1 (C) brick; 2-2 (D) stone; 2-3 (E) paint; 2-4 (F) window glass; 2-5 (G) plumbing supplies; 2-6 (H) electrical supplies; 2-7 (I) cleaning supplies; and 2-8 (J) other similar materials. 2-9 (2) "Disaster area" means: 2-10 (A) an area declared a disaster area by the 2-11 governor under Chapter 418, Government Code; or 2-12 (B) an area declared a disaster area by the 2-13 president of the United States under the Robert T. Stafford 2-14 Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 2-15 5121 et seq.). 2-16 (3) "Residence homestead" has the meaning assigned by 2-17 Section 11.13. 2-18 (4) "Restore" means repair, restore, remodel, clean, 2-19 or modify an improvement to a residence homestead. 2-20 SECTION 2. (a) This Act takes effect on the first day of 2-21 the first calendar quarter beginning on or after the earliest date 2-22 that it may take effect under Section 39, Article III, Texas 2-23 Constitution. 2-24 (b) The change in law made by this Act does not affect taxes 2-25 imposed before the effective date of this Act, and the law in 2-26 effect before the effective date of this Act is continued in effect 2-27 for the purposes of the liability for and collection of those 3-1 taxes. 3-2 SECTION 3. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended, 3-7 and that this Act take effect and be in force according to its 3-8 terms, and it is so enacted.