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.