By Goodman                                            H.B. No. 2088
         76R7039 DAK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application of the sales and use tax to certain
 1-3     services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 151, Tax Code, is amended
 1-6     by adding Sections 151.00393 and 151.00394  to read as follows:
 1-7           Sec. 151.00393.  "INTERNET."  "Internet" means collectively
 1-8     the myriad of computer and telecommunications facilities, including
 1-9     equipment and operating software, that comprise the interconnected
1-10     worldwide network of networks that employ the Transmission Control
1-11     Protocol/Internet Protocol, or any predecessor or successor
1-12     protocols to the protocol, to communicate information of all kinds
1-13     by wire or radio.
1-14           Sec. 151.00394.  "INTERNET ACCESS SERVICE."  "Internet access
1-15     service" means a service that enables users to access content,
1-16     information, electronic mail, or other services offered over the
1-17     Internet and may also include access to proprietary content,
1-18     information, and other services as part of a package of services
1-19     offered to consumers.
1-20           SECTION 2.  Section 151.0101(a), Tax Code, is amended to read
1-21     as follows:
1-22           (a)  "Taxable services" means:
1-23                 (1)  amusement services;
1-24                 (2)  cable television services;
 2-1                 (3)  personal services;
 2-2                 (4)  motor vehicle parking and storage services;
 2-3                 (5)  the repair, remodeling, maintenance, and
 2-4     restoration of tangible personal property, except:
 2-5                       (A)  aircraft;
 2-6                       (B)  a ship, boat, or other vessel, other than:
 2-7                             (i)  a taxable boat or motor as defined by
 2-8     Section 160.001;
 2-9                             (ii)  a sports fishing boat; or
2-10                             (iii)  any other vessel used for pleasure;
2-11                       (C)  the repair, maintenance, and restoration of
2-12     a motor vehicle; and
2-13                       (D)  the repair, maintenance, creation, and
2-14     restoration of a computer program, including its development and
2-15     modification, not sold by the person performing the repair,
2-16     maintenance, creation, or restoration service;
2-17                 (6)  telecommunications services;
2-18                 (7)  credit reporting services;
2-19                 (8)  debt collection services;
2-20                 (9)  insurance services;
2-21                 (10)  [information services;]
2-22                 [(11)]  real property services;
2-23                 (11) [(12)  data processing services;]
2-24                 [(13)]  real property repair and remodeling;
2-25                 (12) [(14)]  security services; and
2-26                 (13) [(15)]  telephone answering services.
2-27           SECTION 3.  Section 151.0103, Tax Code, is amended to read as
 3-1     follows:
 3-2           Sec. 151.0103.  TELECOMMUNICATIONS SERVICES.  For the
 3-3     purposes of this title only, "telecommunications services" means
 3-4     the electronic or electrical transmission, conveyance, routing, or
 3-5     reception of sounds, signals, data, or information utilizing wires,
 3-6     cable, radio waves, microwaves, satellites, fiber optics, or any
 3-7     other method now in existence or that may be devised, including but
 3-8     not limited to long-distance telephone service.  The term does not
 3-9     include:
3-10                 (1)  the storage of data or information for subsequent
3-11     retrieval or the processing, or reception and processing, of data
3-12     or information intended to change its form or content;  [or]
3-13                 (2)  the sale or use of a telephone prepaid calling
3-14     card; or
3-15                 (3)  Internet access service.
3-16           SECTION 4.  Section 151.320(b), Tax Code, is amended to read
3-17     as follows:
3-18           (b)  "Magazine" means a publication that is usually
3-19     paperbacked and sometimes illustrated, that appears at a regular
3-20     interval, and that contains stories, articles, and essays by
3-21     various writers and advertisements.  ["Magazine" does not mean the
3-22     publication of current information which is taxable pursuant to
3-23     Section 151.0038 of this code as an "information service."]
3-24           SECTION 5.  Sections 151.0035 and 151.0038, Tax Code, are
3-25     repealed.
3-26           SECTION 6.  (a)  This Act takes effect October 1, 1999.
3-27           (b)  The change in law made by this Act does not affect taxes
 4-1     imposed before the effective date of this Act, and the law in
 4-2     effect before the effective date of this Act is continued in effect
 4-3     for purposes of the liability for and collection of those taxes.
 4-4           SECTION 7.  The importance of this legislation and the
 4-5     crowded condition of the calendars in both houses create an
 4-6     emergency and an imperative public necessity that the
 4-7     constitutional rule requiring bills to be read on three several
 4-8     days in each house be suspended, and this rule is hereby suspended.