By Brown S.B. No. 503
76R5171 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exempting from the sales tax certain property used in
1-3 manufacturing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 151.318(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) tangible personal property that will become an
1-10 ingredient or component part of tangible personal property
1-11 manufactured, processed, or fabricated for ultimate sale;
1-12 (2) tangible personal property directly used or
1-13 consumed in or during the actual manufacturing, processing, or
1-14 fabrication of tangible personal property for ultimate sale if the
1-15 use or consumption of the property is necessary or essential to the
1-16 manufacturing, processing, or fabrication operation and directly
1-17 makes or causes a chemical or physical change to:
1-18 (A) the product being manufactured, processed,
1-19 or fabricated for ultimate sale; or
1-20 (B) any intermediate or preliminary product that
1-21 will become an ingredient or component part of the product being
1-22 manufactured, processed, or fabricated for ultimate sale;
1-23 (3) services performed directly on the product being
1-24 manufactured prior to its distribution for sale and for the purpose
2-1 of making the product more marketable;
2-2 (4) actuators, steam production equipment and its
2-3 fuel, in-process flow through tanks, cooling towers, generators,
2-4 heat exchangers, electronic control room equipment, computerized
2-5 control units, compressors, and hydraulic units, that are used to
2-6 power, supply, support, or control equipment that qualifies for
2-7 exemption under Subdivision (2) or to generate electricity, chilled
2-8 water, or steam for ultimate sale; [and]
2-9 (5) machinery, equipment, and replacement parts or
2-10 accessories used or consumed in the actual manufacturing,
2-11 processing, or fabrication of tangible personal property for
2-12 ultimate sale if their use or consumption is necessary and
2-13 essential to a pollution control process; and
2-14 (6) tangible personal property specifically installed
2-15 to:
2-16 (A) reduce water use and wastewater flow volumes
2-17 from operations relating to the manufacturing, processing,
2-18 fabrication, or repair of tangible personal property;
2-19 (B) reuse and recycle wastewater streams
2-20 generated within operations relating to the manufacturing,
2-21 processing, fabrication, or repair of tangible personal property;
2-22 or
2-23 (C) treat wastewater from another industrial or
2-24 municipal source for the purpose of replacing existing freshwater
2-25 sources in operations relating to the manufacturing, processing,
2-26 fabrication, or repair of tangible personal property.
2-27 SECTION 2. Section 151.318(g), Tax Code, is repealed.
3-1 SECTION 3. (a) This Act takes effect October 1, 1999.
3-2 (b) The change in law made by this Act does not affect taxes
3-3 imposed before the effective date of this Act, and the law in
3-4 effect before the effective date of this Act is continued in effect
3-5 for purposes of the liability for and collection of those taxes.
3-6 SECTION 4. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.