By Shapleigh S.B. No. 819
76R4387 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to one-day suspensions of the sales and use tax.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle A, Title 2, Tax Code, is amended by
1-5 adding Chapter 103 to read as follows:
1-6 CHAPTER 103. ONE-DAY SUSPENSIONS OF STATE AND LOCAL SALES TAX
1-7 Sec. 103.001. ONE-DAY SUSPENSIONS. Notwithstanding any
1-8 other law, on certification by the comptroller as provided by this
1-9 chapter, the following taxes may not be collected during the period
1-10 beginning at midnight on a designated day and ending at midnight of
1-11 the following day:
1-12 (1) state sales and use taxes imposed under Chapter
1-13 151; and
1-14 (2) local sales and use taxes administered and
1-15 computed according to Chapters 321-325 and to which those chapters
1-16 apply, including a tax imposed under:
1-17 (A) Chapter 285, 775, or 776, Health and Safety
1-18 Code;
1-19 (B) Chapter 326, 334, 363, 377, or 383, Local
1-20 Government Code;
1-21 (C) Chapter 451, 452, 453, or 457,
1-22 Transportation Code; or
1-23 (D) the Development Corporation Act of 1979
1-24 (Article 5190.6, Vernon's Texas Civil Statutes).
2-1 Sec. 103.002. CERTIFICATION. (a) The comptroller shall
2-2 declare and designate from one to four one-day suspensions of state
2-3 and local sales tax under Section 103.001 if the comptroller
2-4 determines that there is a state budget surplus at the close of a
2-5 fiscal biennium. The comptroller shall declare the greatest number
2-6 of one-day suspensions that will not violate the limitation under
2-7 Section 103.003.
2-8 (b) Ten or more days before the date the comptroller
2-9 declares one or more one-day suspensions of sales tax under this
2-10 section, the comptroller shall submit to the governor, lieutenant
2-11 governor, and the members of the legislature a statement under oath
2-12 stating:
2-13 (1) the determination that there will be a state
2-14 budget surplus at the end of the biennium;
2-15 (2) the amount of the surplus; and
2-16 (3) that the limitation under Section 103.003 will not
2-17 be exceeded by the declaration of the suspensions.
2-18 Sec. 103.003. LIMITATION. The comptroller may not declare
2-19 one or more one-day suspensions of sales tax under Section 103.002
2-20 if the amount of state revenue lost as a result of the suspensions
2-21 would be greater than 10 percent of the amount the comptroller has
2-22 determined for the state budget surplus at the end of the biennium.
2-23 Sec. 103.004. REPORTING OF RECEIPTS. The comptroller by
2-24 rule may adopt procedures relating to notification and reporting of
2-25 receipts for the period covered by the suspension of the tax under
2-26 Section 103.001.
2-27 SECTION 2. This Act takes effect September 1, 1999, and
3-1 applies only to a fiscal biennium beginning on or after that date.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.