By Gallego H.B. No. 598 76R2602 SMJ-D 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 damaged within a disaster area by the condition that 1-15 caused the area to be declared a disaster area. 1-16 (b) In this section: 1-17 (1) "Building material" means material used to restore 1-18 a residence homestead, including: 1-19 (A) soil, dirt, rock, sand, and other natural or 1-20 man-made inert solid materials used to fill land; 1-21 (B) lumber; 1-22 (C) brick; 1-23 (D) stone; 1-24 (E) paint; 2-1 (F) window glass; 2-2 (G) plumbing supplies; 2-3 (H) electrical supplies; 2-4 (I) cleaning supplies; and 2-5 (J) other similar materials. 2-6 (2) "Disaster area" means: 2-7 (A) an area declared a disaster area by the 2-8 governor under Chapter 418, Government Code; or 2-9 (B) an area declared a disaster area by the 2-10 president of the United States under the Robert T. Stafford 2-11 Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 2-12 5121 et seq.). 2-13 (3) "Residence homestead" has the meaning assigned by 2-14 Section 11.13. 2-15 (4) "Restore" means repair, restore, remodel, clean, 2-16 or modify an improvement to a residence homestead. 2-17 SECTION 2. (a) This Act takes effect on the first day of 2-18 the first calendar quarter beginning on or after the earliest date 2-19 that it may take effect under Section 39, Article III, Texas 2-20 Constitution. 2-21 (b) The change in law made by this Act does not affect taxes 2-22 imposed before the effective date of this Act, and the law in 2-23 effect before the effective date of this Act is continued in effect 2-24 for the purposes of the liability for and collection of those 2-25 taxes. 2-26 SECTION 3. The importance of this legislation and the 2-27 crowded condition of the calendars in both houses create an 3-1 emergency and an imperative public necessity that the 3-2 constitutional rule requiring bills to be read on three several 3-3 days in each house be suspended, and this rule is hereby suspended, 3-4 and that this Act take effect and be in force according to its 3-5 terms, and it is so enacted.