1-1 AN ACT
1-2 relating to a refund of sales and use taxes paid on items exported
1-3 beyond the limits of the United States.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 151.307, Tax Code, is amended by amending
1-6 Subsection (d) and adding Subsections (e) and (f) to read as
1-7 follows:
1-8 (d) A retailer who receives documentation under Subsection
1-9 (b)(2) relating to the purchase of tangible personal property
1-10 exported beyond the limits of the United States may not refund the
1-11 tax paid under this chapter on that purchase before:
1-12 (1) the 24th hour after the hour stated as the time of
1-13 export on the documentation, if the retailer is located in a county
1-14 that borders the United Mexican States; or
1-15 (2) the seventh day after the day stated as the date
1-16 of export on the documentation, if the retailer is located in a
1-17 county that does not border the United Mexican States.
1-18 (e) A retailer who makes a refund before the time prescribed
1-19 by Subsection (d) or makes a refund that is undocumented or
1-20 improperly documented is liable for the amount of the tax refunded
1-21 with interest.
1-22 (f) In this section:
1-23 (1) "Air forwarder" means a licensed International Air
1-24 Transportation Association freight forwarder.
2-1 (2) "Ocean forwarder" means a licensed Federal
2-2 Maritime Commission freight forwarder.
2-3 SECTION 2. This Act takes effect September 1, 1999, and
2-4 applies to an exemption to the sales and use tax imposed under
2-5 Chapter 151, Tax Code, claimed on or after January 1, 2000. An
2-6 exemption to the sales and use tax imposed under Chapter 151, Tax
2-7 Code, claimed before January 1, 2000, is governed by the law in
2-8 effect when the exemption was claimed, and that law is continued in
2-9 effect for that purpose.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2406 was passed by the House on April
16, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2406 was passed by the Senate on May
19, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor