By Ellis S.B. No. 301
76R2886 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sales tax exemptions for children's clothing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended
1-5 by adding Section 151.325 to read as follows:
1-6 Sec. 151.325. CLOTHING FOR CHILDREN PRIOR TO START OF
1-7 SCHOOL. (a) The sale during August of an article of clothing or
1-8 footwear designed to be worn on or about the body of a person
1-9 younger than 13 years of age is exempted from the taxes imposed by
1-10 this chapter if the sales price of the article is less than $500.
1-11 (b) This section does not apply to:
1-12 (1) any special clothing or footwear primarily
1-13 designed for athletic activity or protective use and which is not
1-14 normally worn except when used for the athletic activity or
1-15 protective use for which it is designed; and
1-16 (2) accessories, including jewelry, handbags, luggage,
1-17 umbrellas, wallets, watches, and similar items carried on or about
1-18 the human body, without regard to whether worn on the body in a
1-19 manner characteristic of clothing.
1-20 SECTION 2. (a) This Act takes effect on the first day of
1-21 the first calendar quarter beginning on or after the date that it
1-22 may take effect under Section 39, Article III, Texas Constitution.
1-23 (b) The change in law made by this Act does not affect taxes
1-24 imposed before the effective date of this Act, and the law in
2-1 effect before the effective date of this Act is continued in effect
2-2 for purposes of the liability for and collection of those taxes.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force according to its
2-9 terms, and it is so enacted.