By Shields H.B. No. 1292
76R4604 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sales price of a taxable item that may be sold in a
1-3 tax-free sale held by certain organizations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 151.310(c), Tax Code, is amended to read
1-6 as follows:
1-7 (c) An organization that qualifies for an exemption under
1-8 Subsection (a)(1) or (a)(2) of this section, and each bona fide
1-9 chapter of the organization, may hold two tax-free sales or
1-10 auctions under this subsection during a calendar year and each
1-11 tax-free sale or auction may continue for one day only. The sale
1-12 of a taxable item the sales price of which is $10,000 [$5,000] or
1-13 less by a qualified organization or chapter of the organization at
1-14 a tax-free sale or auction is exempted from the sales tax imposed
1-15 by Subchapter C of this chapter. The storage, use, or consumption
1-16 of a taxable item that is acquired from a qualified organization or
1-17 chapter of the organization at a tax-free sale or auction and that
1-18 is exempted under this subsection from the taxes imposed by
1-19 Subchapter C of this chapter is exempted from the use tax imposed
1-20 by Subchapter D of this chapter until the item is resold or
1-21 subsequently transferred.
1-22 SECTION 2. (a) This Act takes effect on the first day of
1-23 the first calendar quarter beginning on or after the earliest date
1-24 that it may take effect under Section 39, Article III, Texas
2-1 Constitution.
2-2 (b) The change in law made by this Act does not affect taxes
2-3 imposed before the effective date of this Act, and the law in
2-4 effect before that date is continued in effect for purposes of the
2-5 liability for and collection of those taxes.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force according to its
2-12 terms, and it is so enacted.