1-1     By:  Berman (Senate Sponsor - Ratliff)                 H.B. No. 652
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on Finance;
 1-4     May 13, 1999, reported favorably by the following vote:  Yeas 9,
 1-5     Nays 0; May 13, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the application of the sales tax to certain eating
 1-9     utensils.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 151.313(a), Tax Code, is amended to read
1-12     as follows:
1-13           (a)  The following items are exempted from the taxes imposed
1-14     by this chapter:
1-15                 (1)  a drug or medicine, other than insulin, if
1-16     prescribed or dispensed for a human or animal by a licensed
1-17     practitioner of the healing arts;
1-18                 (2)  insulin;
1-19                 (3)  a hypodermic syringe or needle;
1-20                 (4)  a brace;  hearing aid or audio loop; orthopedic,
1-21     dental, or prosthetic device;  ileostomy, colostomy, or ileal
1-22     bladder appliance; or supplies or replacement parts for the listed
1-23     items;
1-24                 (5)  a therapeutic appliance, device, and any related
1-25     supplies specifically designed for those products, if dispensed or
1-26     prescribed by a licensed practitioner of the healing arts, when
1-27     those items are purchased and used by an individual for whom the
1-28     items listed in this subdivision were dispensed or prescribed;
1-29                 (6)  corrective lens and necessary and related
1-30     supplies, if dispensed or prescribed by an ophthalmologist or
1-31     optometrist;
1-32                 (7)  specialized printing or signalling equipment used
1-33     by the deaf for the purpose of enabling the deaf to communicate
1-34     through the use of an ordinary telephone and all materials, paper,
1-35     and printing ribbons used in that equipment;
1-36                 (8)  a braille wristwatch, braille writer, braille
1-37     paper and braille electronic equipment that connects to computer
1-38     equipment, and the necessary adaptive devices and adaptive computer
1-39     software;
1-40                 (9)  each of the following items if purchased for use
1-41     by the blind to enable them to function more independently:  a
1-42     slate and stylus, print enlarger, light probe, magnifier, white
1-43     cane, talking clock, large print terminal, talking terminal, or
1-44     harness for guide dog; [and]
1-45                 (10)  hospital beds; and
1-46                 (11)  an adjustable eating utensil used to facilitate
1-47     independent eating if purchased for use by a person, including a
1-48     person who is elderly or physically disabled, has had a stroke, or
1-49     is a burn victim, who does not have full use or control of the
1-50     person's hands or arms.
1-51           SECTION 2.  (a)  This Act takes effect on the first day of
1-52     the first calendar quarter beginning on or after the earliest date
1-53     that it may take effect under Section 39, Article III, Texas
1-54     Constitution.
1-55           (b)  The change in law made by this Act does not affect taxes
1-56     imposed before the effective date of this Act, and the law in
1-57     effect before the effective date of this Act is continued in effect
1-58     for the purposes of the liability for and collection of those
1-59     taxes.
1-60           SECTION 3.  The importance of this legislation and the
1-61     crowded condition of the calendars in both houses create an
1-62     emergency and an imperative public necessity that the
1-63     constitutional rule requiring bills to be read on three several
1-64     days in each house be suspended, and this rule is hereby suspended,
 2-1     and that this Act take effect and be in force according to its
 2-2     terms, and it is so enacted.
 2-3                                  * * * * *