By Gutierrez, Craddick, Hilderbran, Cuellar,          H.B. No. 2372
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to exempting certain drugs, medicines, and medical devices
 1-3     from the sales tax.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 151.313(a), Tax Code, is amended to read
 1-6     as follows:
 1-7           (a)  The following items are exempted from the taxes imposed
 1-8     by this chapter:
 1-9                 (1)  a drug or medicine, other than insulin, if
1-10     prescribed or dispensed for a human or animal by a licensed
1-11     practitioner of the healing arts;
1-12                 (2)  insulin;
1-13                 (3)  a drug or medicine, without regard to whether it
1-14     is prescribed or dispensed by a licensed practitioner of the
1-15     healing arts, that is labeled with a national drug code issued by
1-16     the federal Food and Drug Administration;
1-17                 (4)  a hypodermic syringe or needle;
1-18                 (5) [(4)]  a brace; hearing aid or audio loop;
1-19     orthopedic, dental, or prosthetic device; ileostomy, colostomy, or
1-20     ileal bladder appliance; or supplies or replacement parts for the
1-21     listed items;
1-22                 (6) [(5)]  a therapeutic appliance, device, and any
1-23     related supplies specifically designed for those products, if
1-24     dispensed or prescribed by a licensed practitioner of the healing
1-25     arts, when those items are purchased and used by an individual for
 2-1     whom the items listed in this subdivision were dispensed or
 2-2     prescribed;
 2-3                 (7) [(6)]  corrective lens and necessary and related
 2-4     supplies, if dispensed or prescribed by an ophthalmologist or
 2-5     optometrist;
 2-6                 (8) [(7)]  specialized printing or signalling equipment
 2-7     used by the deaf for the purpose of enabling the deaf to
 2-8     communicate through the use of an ordinary telephone and all
 2-9     materials, paper, and printing ribbons used in that equipment;
2-10                 (9) [(8)]  a braille wristwatch, braille writer,
2-11     braille paper  and braille electronic equipment that connects to
2-12     computer equipment, and the necessary adaptive devices and adaptive
2-13     computer software;
2-14                 (10) [(9)]  each of the following items if purchased
2-15     for use by the blind to enable them to function more independently:
2-16     a slate and stylus, print enlarger, light probe, magnifier, white
2-17     cane, talking clock, large print terminal, talking terminal, or
2-18     harness for guide dog; [and]
2-19                 (11) [(10)]  hospital beds; and
2-20                 (12)  blood glucose monitoring test strips.
2-21           SECTION 2.  (a)  Notwithstanding any other provision of this
2-22     Act, the governing body of a local taxing authority that imposes a
2-23     local sales and use tax may repeal an exemption to that tax
2-24     authorized by this Act if the governing body finds by an
2-25     appropriate order, including an ordinance, that the exemption would
2-26     materially impair the obligation of any contract existing at the
2-27     time this Act goes into effect and to which the local taxing
 3-1     authority is a party.
 3-2           (b)  The secretary of the local taxing authority adopting an
 3-3     order under this section shall send to the comptroller by certified
 3-4     or registered mail a copy of the order.
 3-5           (c)  The repeal of the exemption takes effect on the first
 3-6     day of the month following the expiration of the calendar quarter
 3-7     occurring after the date on which the comptroller receives a copy
 3-8     of the order.
 3-9           SECTION 3.  (a)  This Act takes effect on the first day of
3-10     the first calendar quarter beginning on or after the date that it
3-11     may take effect under Section 39, Article III, Texas Constitution.
3-12           (b)  The change in law made by this Act does not affect taxes
3-13     imposed before the effective date of this Act, and the law in
3-14     effect before the effective date of this Act is continued in effect
3-15     for purposes of the liability for and collection of those taxes.
3-16           SECTION 4.  The importance of this legislation and the
3-17     crowded condition of the calendars in both houses create an
3-18     emergency and an imperative public necessity that the
3-19     constitutional rule requiring bills to be read on three several
3-20     days in each house be suspended, and this rule is hereby suspended,
3-21     and that this Act take effect and be in force according to its
3-22     terms, and it is so enacted.