By:  Armbrister                                       S.B. No. 1488
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to technical changes to statutes involving taxes or fees
 1-2     administered by the comptroller of public accounts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (g), Article 102.075, Code of Criminal
 1-5     Procedure, is amended to read as follows:
 1-6           (g)  A municipality or county may retain 10 percent of the
 1-7     money collected under this article as a service fee for the
 1-8     collection if the municipality or county remits the funds to the
 1-9     comptroller within the  period prescribed in Subsection (f).  The
1-10     municipality or county may retain any interest accrued on the money
1-11     if the custodian of the money deposited in the treasury keeps
1-12     records of the amount of money collected under this article that is
1-13     on deposit in the treasury and remits the funds to the comptroller
1-14     within the period prescribed in Subsection (f).
1-15           SECTION 2.  Subsection (b), Section 12, Article 1.14-1,
1-16     Insurance Code, is amended to read as follows:
1-17           (b)  The report shall be filed and any tax due shall be paid
1-18     by the insured or by any other person designated by the insured.
1-19     The report and tax are due on or before May 15 [March 1] of the
1-20     calendar year after the calendar year in which the insurance was
1-21     procured, continued, or renewed or on another date prescribed by
1-22     the comptroller.
1-23           SECTION 3.  Subsections (a) and (b), Section 12, Article
1-24     1.14-2, Insurance Code, are amended to read as follows:
 2-1           (a)  The premiums charged for surplus lines insurance are
 2-2     subject to a premium receipts tax of 4.85 percent of gross premiums
 2-3     charged for such insurance.  The term premium includes all
 2-4     premiums, membership fees, assessments, dues or any other
 2-5     consideration for insurance.  Such tax shall be in lieu of all
 2-6     other insurance taxes.  The surplus lines agent shall collect from
 2-7     the insured the amount of the tax at the time of delivery of the
 2-8     cover note, certificate of insurance, policy or other initial
 2-9     confirmation of insurance, in addition to the full amount of the
2-10     gross premium charged by the insurer for the insurance.  No agent
2-11     shall absorb such tax nor shall any agent, as an inducement for
2-12     insurance or for any other reason, rebate all or any part of such
2-13     tax or his commission.  The surplus lines agent shall file a report
2-14     and pay taxes to the comptroller on or before March 1 of each year
2-15     on forms prescribed by the comptroller.  The [the] amount of taxes
2-16     shall be based on gross premiums written or received for such
2-17     insurance placed through an eligible surplus lines insurer during
2-18     the calendar year ending on the preceding December 31.  A tax
2-19     prepayment shall be required any time accrued taxes due equal or
2-20     exceed $70,000.  The prepayment of the accrued taxes, with a form
2-21     prescribed by the comptroller, shall be due by the 15th day of the
2-22     month following the month in which accrued taxes total $70,000 [and
2-23     shall pay to the comptroller the tax as provided for by this
2-24     Article].  If a surplus lines policy covers risks or exposures only
2-25     partially in this state, the tax payable shall be computed on the
2-26     portions of the premium which are properly allocated to the risks
 3-1     or exposures located in this state.  In determining the amount of
 3-2     premiums taxable in this state, all premiums written, procured, or
 3-3     received in this state and all premiums on policies negotiated in
 3-4     this state shall be deemed written on property or risks located or
 3-5     resident in this state, except such premiums as are properly
 3-6     allocated or apportioned and reported as premiums which may be
 3-7     subject to taxation by any other state or states.  Premiums that
 3-8     are properly allocated to any other state or states that are
 3-9     specifically exempt from taxation under the regulations of that
3-10     state or states are not taxable in this state.  Premiums on risks
3-11     or exposures which are properly allocated to federal waters,
3-12     international waters or under the jurisdiction of a foreign
3-13     government shall not be taxable by this state.  In event of
3-14     cancellation and rewriting of any surplus lines insurance contract
3-15     the additional premium for premium receipts tax purposes shall be
3-16     the premium in excess of the unearned premium of the canceled
3-17     insurance contract.
3-18           (b)  All surplus lines premium receipt taxes collected by a
3-19     surplus lines agent are trust funds in his hands [and the property
3-20     of this state.  Such funds shall be maintained by the surplus lines
3-21     agent in a separate account and shall not be mingled with any other
3-22     funds, either business or private].  Any surplus lines agent who
3-23     fails or refuses to pay over to the state the surplus lines premium
3-24     receipts tax at the time required by [in] this section, or who
3-25     fraudulently withholds or appropriates or otherwise uses such money
3-26     or any portions thereof belonging to the state is guilty of theft
 4-1     and shall be punished as provided by law for the crime of theft,
 4-2     irrespective of whether any such surplus lines agent has or claims
 4-3     to have any interest in such money so received by him.
 4-4           SECTION 4.  Subsection (b), Section 9, Texas State College
 4-5     and University Employees Uniform Insurance Benefits Act (Article
 4-6     3.50-3, Vernon's Texas Insurance Code), is amended to read as
 4-7     follows:
 4-8           (b)  Premiums on policies, insurance contracts, or agreements
 4-9     with health maintenance organizations established under this Act
4-10     are not subject to any state tax, regulatory fee, or surcharge,
4-11     including premium or maintenance taxes or fees.
4-12           SECTION 5.  Subsection (b), Section 11, Texas Public School
4-13     Employees Group Insurance Act (Article 3.50-4, Insurance Code), is
4-14     amended to read as follows:
4-15           (b)  A premium or contribution on a policy, insurance
4-16     contract, or agreement authorized as provided by this article is
4-17     not subject to any state tax, regulatory fee, or surcharge,
4-18     including premium or maintenance taxes or fees.
4-19           SECTION 6.  Subsection (a), Section 326.029, Local Government
4-20     Code, is amended to read as follows:
4-21           (a)  If a majority of the votes received in the election
4-22     favor the creation of the district and the adoption of the sales
4-23     and use tax, the commissioners court shall by resolution or order
4-24     declare that the district is created and shall declare the amount
4-25     of the local sales and use tax adopted and enter the result in its
4-26     minutes.
 5-1           SECTION 7.  Subsection (a), Section 326.092, Local Government
 5-2     Code, is amended to read as follows:
 5-3           (a)  Chapter 323, Tax Code, to the extent not inconsistent
 5-4     with this chapter, governs the imposition, computation,
 5-5     administration, and governance of the tax under this subchapter,
 5-6     except that Sections 323.101, 323.105, [and] 323.404, and 323.406
 5-7     through 323.408, Tax Code, do not apply.
 5-8           SECTION 8.  Section 101.003, Tax Code, is amended by adding
 5-9     Subdivision (13) to read as follows:
5-10                 (13)  "Tax" means a tax, fee, assessment, charge, or
5-11     other amount that the comptroller is authorized to administer.
5-12           SECTION 9.  Subsection (b), Section 111.0041, Tax Code, is
5-13     amended to read as follows:
5-14           (b)  This section prevails over any other conflicting
5-15     provision of this title [except Section 191.024(b) of this code].
5-16           SECTION 10.  Section 111.023, Tax Code, is amended to read as
5-17     follows:
5-18           Sec. 111.023.  WRITTEN AUTHORIZATION.  (a)  The comptroller
5-19     may require that a report, return, declaration, claim for refund,
5-20     or other document that is required or permitted to be filed with
5-21     the comptroller and that is submitted by an attorney, accountant,
5-22     or other representative of a taxpayer [person] on behalf of the
5-23     taxpayer [person] be accompanied by express written authorization
5-24     of the taxpayer [person] in whose name or on whose behalf it is
5-25     purportedly submitted.
5-26           (b)  An officer, director, or employee of the taxpayer whose
 6-1     duties include administering the taxpayer's rights and
 6-2     responsibilities with the comptroller may sign the written
 6-3     authorization.  The authorization must include the title and
 6-4     telephone number of the officer, director, or employee who signs
 6-5     the authorization for verification by the comptroller.
 6-6           (c)  The comptroller may impose a requirement of Subsection
 6-7     (b) on a taxpayer's assignment of a claim for refund.
 6-8           SECTION 11.  Subsection (e), Section 111.104, Tax Code, is
 6-9     amended to read as follows:
6-10           (e)  This section applies to all taxes and license fees
6-11     collected or administered by the comptroller, except the state
6-12     property tax [and those taxes that qualify for refund allowed under
6-13     Section 151.318(g) or (n)].
6-14           SECTION 12.  Section 111.107, Tax Code, is amended to read as
6-15     follows:
6-16           Sec. 111.107.  WHEN REFUND OR CREDIT IS PERMITTED.  Except as
6-17     otherwise expressly provided, a person may request a refund or a
6-18     credit or the comptroller may make a refund or issue a credit for
6-19     the overpayment of a tax imposed by this title at any time before
6-20     the expiration of the period during which the comptroller may
6-21     assess a deficiency for the tax and not thereafter unless the
6-22     refund or credit is requested:
6-23                 (1)  under Subchapter B of Chapter 112 and the refund
6-24     is made or the credit is issued under a court order;
6-25                 (2)  under the provision of Section 111.104(c)(3)
6-26     applicable to a refund claim filed after a jeopardy or deficiency
 7-1     determination becomes final; or
 7-2                 (3)  under Chapter 153, except Section 153.1195(e),
 7-3     153.121(d), 153.2225(e), or 153.224(d)[; or]
 7-4                 [(4)  under Section 151.318(g) or (n)].
 7-5           SECTION 13.  Subsections (c) and (e), Section 151.310, Tax
 7-6     Code, are amended to read as follows:
 7-7           (c)  An organization that qualifies for an exemption under
 7-8     Subsection (a)(1) or (a)(2) of this section, and each bona fide
 7-9     chapter of the organization, may hold two tax-free sales or
7-10     auctions under this subsection during a calendar year and each
7-11     tax-free sale or auction may continue for one day only.  The sale
7-12     of a taxable item the sales price of which is $5,000 or less by a
7-13     qualified organization or chapter of the organization at a tax-free
7-14     sale or auction is exempted from the sales tax imposed by
7-15     Subchapter C of this chapter, except that a taxable item
7-16     manufactured by or donated to the qualified organization or chapter
7-17     of the organization may be sold tax free regardless of the sales
7-18     price to any purchaser other than the donor.  The storage, use, or
7-19     consumption of a taxable item that is acquired from a qualified
7-20     organization or chapter of the organization at a tax-free sale or
7-21     auction and that is exempted under this subsection from the taxes
7-22     imposed by Subchapter C of this chapter is exempted from the use
7-23     tax imposed by Subchapter D of this chapter until the item is
7-24     resold or subsequently transferred.
7-25           (e)  A nonprofit hospital or hospital system that qualifies
7-26     for an exemption under Subsection (a)(2) shall provide community
 8-1     benefits that include charity care and government-sponsored
 8-2     indigent health care [community benefits] as set forth in
 8-3     Subchapter D, Chapter 311, Health and Safety Code.  [Subdivision
 8-4     (1), (2), (3), (4), (5), (6), (7), or (8) below:]
 8-5                 [(1)  charity care and government-sponsored indigent
 8-6     health care are provided at a level which is reasonable in relation
 8-7     to the community needs, as determined through the community needs
 8-8     assessment, the available resources of the hospital or hospital
 8-9     system, and the tax-exempt benefits received by the hospital or
8-10     hospital system;]
8-11                 [(2)  charity care and government-sponsored indigent
8-12     health care are provided in an amount equal to at least four
8-13     percent of the hospital's or hospital system's net patient revenue;]
8-14                 [(3)  charity care and government-sponsored indigent
8-15     health care are provided in an amount equal to at least 100 percent
8-16     of the hospital's or hospital system's tax-exempt benefits,
8-17     excluding federal income tax;]
8-18                 [(4)  for tax periods beginning before January 1, 1996,
8-19     charity care and community benefits are provided in a combined
8-20     amount equal to at least five percent of the hospital's or hospital
8-21     system's net patient revenue, provided that charity care and
8-22     government-sponsored indigent health care are provided in an amount
8-23     equal to at least three percent of net patient revenue;]
8-24                 [(5)  for tax periods beginning after December 31,
8-25     1995, charity care and community benefits are provided in a
8-26     combined amount equal to at least five percent of the hospital's or
 9-1     hospital system's net patient revenue, provided that charity care
 9-2     and government-sponsored indigent health care are provided in an
 9-3     amount equal to at least four percent of net patient revenue;]
 9-4                 [(6)  a nonprofit hospital that has been designated as
 9-5     a disproportionate share hospital under the state Medicaid program
 9-6     in the current year or in either of the previous two fiscal years
 9-7     is considered to have provided a reasonable amount of charity care
 9-8     and government-sponsored indigent health care and is considered in
 9-9     compliance with the standards provided by this subsection;]
9-10                 [(7)  a hospital operated on a nonprofit basis that is
9-11     located in a county with a population of less than 50,000 and in
9-12     which the entire county or the population of the entire county has
9-13     been designated as a health professionals shortage area is
9-14     considered to be in compliance with the standards provided by this
9-15     subsection; or]
9-16                 [(8)  a hospital providing health care services to
9-17     inpatients or outpatients without receiving any payment for
9-18     providing those services from any source, including the patient or
9-19     person legally obligated to support the patient, third-party
9-20     payors, Medicare, Medicaid, or any other state or local indigent
9-21     care program but excluding charitable donations, legacies,
9-22     bequests, or grants or payments for research, is considered to be
9-23     in compliance with the standards provided by this subsection.]
9-24           [For purposes of satisfying Subdivision (5), a hospital or
9-25     hospital system may not change its existing fiscal year unless the
9-26     hospital or hospital system changes its ownership or corporate
 10-1    structure as a result of a sale or merger.]
 10-2          [For purposes of this subsection, a hospital that satisfies
 10-3    Subdivision (1), (6), (7), or (8) shall be excluded in determining
 10-4    a hospital system's compliance with the standards provided by
 10-5    Subdivision (2), (3), (4), or (5).]
 10-6          [For purposes of this subsection, the terms "charity care,"
 10-7    "government-sponsored indigent health care," "health care
 10-8    organization," "hospital system," "net patient revenue," "nonprofit
 10-9    hospital," and "tax-exempt benefits" have the meanings set forth in
10-10    Sections 311.031 and 311.042, Health and Safety Code.  A
10-11    determination of the amount of community benefits and charity care
10-12    and government-sponsored indigent health care provided by a
10-13    hospital or hospital system and the hospital's or hospital system's
10-14    compliance with the requirements of this subsection and Section
10-15    311.045, Health and Safety Code, shall be based on the most
10-16    recently completed and audited prior fiscal year of the hospital or
10-17    hospital system.]
10-18          [The providing of charity care and government-sponsored
10-19    indigent health care in accordance with Subdivision (1) shall be
10-20    guided by the prudent business judgment of the hospital which will
10-21    ultimately determine the appropriate level of charity care and
10-22    government-sponsored indigent health care based on the community
10-23    needs, the available resources of the hospital, the tax-exempt
10-24    benefits received by the hospital, and other factors that may be
10-25    unique to the hospital, such as the hospital's volume of Medicare
10-26    and Medicaid patients.  These criteria shall not be determinative
 11-1    factors, but shall be guidelines contributing to the hospital's
 11-2    decision along with other factors which may be unique to the
 11-3    hospital.  The formulas contained in Subdivisions (2), (3), (4),
 11-4    and (5) shall also not be considered determinative of a reasonable
 11-5    amount of charity care and government-sponsored indigent health
 11-6    care.]
 11-7          [The requirements of this subsection shall not apply to the
 11-8    extent a hospital or hospital system demonstrates that reductions
 11-9    in the amount of community benefits, charity care, and
11-10    government-sponsored indigent health care are necessary to maintain
11-11    financial reserves at a level required by a bond covenant, are
11-12    necessary to prevent the hospital or hospital system from
11-13    endangering its ability to continue operations, or if the hospital
11-14    or hospital system, as a result of a natural or other disaster, is
11-15    required substantially to curtail its operations.]
11-16          [In any fiscal year that a hospital or hospital system,
11-17    through unintended miscalculation, fails to meet any of the
11-18    standards in this subsection, the hospital or hospital system shall
11-19    not lose its tax-exempt status without the opportunity to cure the
11-20    miscalculation in the fiscal year following the fiscal year the
11-21    failure is discovered by both meeting one of the standards and
11-22    providing an additional amount of charity care and
11-23    government-sponsored indigent health care that is equal to the
11-24    shortfall from the previous fiscal year.  A hospital or hospital
11-25    system may apply this provision only once every five years.]
11-26          SECTION 14.  Section 151.3101, Tax Code, is amended by adding
 12-1    Subsection (c) to read as follows:
 12-2          (c)  In this section, "educational organization" includes an
 12-3    entity described by Section 61.003(8) or (15), Education Code.
 12-4          SECTION 15.  Section 151.312, Tax Code, is amended to read as
 12-5    follows:
 12-6          Sec. 151.312.  PERIODICALS AND WRITINGS OF RELIGIOUS,
 12-7    PHILANTHROPIC, CHARITABLE, HISTORICAL, SCIENTIFIC, AND SIMILAR
 12-8    ORGANIZATIONS.  Periodicals and writings, including those presented
 12-9    on audio tape, videotape, and computer disk, that are published and
12-10    [or] distributed by a religious, philanthropic, charitable,
12-11    historical, scientific, or other similar organization that is not
12-12    operated for profit, but excluding an educational organization, are
12-13    exempted from the taxes imposed by this chapter.
12-14          SECTION 16.  Section 151.318, Tax Code, is amended by
12-15    amending Subsections (a), (c), (o), (q), and (s), and adding
12-16    Subsections (f) and (t) to read as follows:
12-17          (a)  The following items are exempted from the taxes imposed
12-18    by this chapter if sold, leased, or rented to, or stored, used, or
12-19    consumed by a manufacturer:
12-20                (1)  tangible personal property that will become an
12-21    ingredient or component part of tangible personal property
12-22    manufactured, processed, or fabricated for ultimate sale;
12-23                (2)  tangible personal property directly used or
12-24    consumed in or during the actual manufacturing, processing, or
12-25    fabrication of tangible personal property for ultimate sale if the
12-26    use or consumption of the property is necessary or essential to the
 13-1    manufacturing, processing, or fabrication operation and directly
 13-2    makes or causes a chemical or physical change to:
 13-3                      (A)  the product being manufactured, processed,
 13-4    or fabricated for ultimate sale; or
 13-5                      (B)  any intermediate or preliminary product that
 13-6    will become an ingredient or component part of the product being
 13-7    manufactured, processed, or fabricated for ultimate sale;
 13-8                (3)  services performed directly on the product being
 13-9    manufactured prior to its distribution for sale and for the purpose
13-10    of making the product more marketable;
13-11                (4)  actuators, steam production equipment and its
13-12    fuel, in-process flow through tanks, cooling towers, generators,
13-13    heat exchangers, transformers and the switches, breakers, capacitor
13-14    banks, regulators, relays, reclosers, fuses, interruptors,
13-15    reactors, arrestors, resistors, insulators, instrument
13-16    transformers, and telemetry units that are related to the
13-17    transformers, electronic control room equipment, computerized
13-18    control units, pumps, compressors, and hydraulic units, that are
13-19    used to power, supply, support, or control equipment that qualifies
13-20    for exemption under Subdivision (2) or (5) or to generate
13-21    electricity, chilled water, or steam for ultimate sale;
13-22    transformers located at an electric generating facility that
13-23    increase the voltage of electricity generated for ultimate sale,
13-24    the electrical cable that carries the electricity from the electric
13-25    generating equipment to the step-up transformers, and the switches,
13-26    breakers, capacitor banks, regulators, relays, reclosers, fuses,
 14-1    interruptors, reactors, arrestors, resistors, insulators,
 14-2    instrument transformers, and telemetry units that are related to
 14-3    the step-up transformers; and transformers that decrease the
 14-4    voltage of electricity generated for ultimate sale and the
 14-5    switches, breakers, capacitor banks, regulators, relays, reclosers,
 14-6    fuses, interruptors, reactors, arrestors, resistors, insulators,
 14-7    instrument transformers, and telemetry units that are related to
 14-8    the step-down transformers; [and]
 14-9                (5)  tangible personal property [machinery, equipment,
14-10    and replacement parts or accessories] used or consumed in the
14-11    actual manufacturing, processing, or fabrication of tangible
14-12    personal property for ultimate sale if the [their] use or
14-13    consumption of the property is necessary and essential to a
14-14    pollution control process;
14-15                (6)  lubricants, chemicals, chemical compounds, gases,
14-16    or liquids that are used or consumed during the actual
14-17    manufacturing, processing, or fabrication of tangible personal
14-18    property for ultimate sale if their use or consumption is necessary
14-19    and essential to prevent the decline, failure, lapse, or
14-20    deterioration of equipment exempted by this section;
14-21                (7)  gases used on the premises of a manufacturing
14-22    plant to prevent contamination of raw material or product, or to
14-23    prevent a fire, explosion, or other hazardous or environmentally
14-24    damaging situation at any stage in the manufacturing process or in
14-25    loading or storage of the product or raw material on premises;
14-26                (8)  tangible personal property used or consumed during
 15-1    the actual manufacturing, processing, or fabrication of tangible
 15-2    personal property for ultimate sale if the use or consumption of
 15-3    the property is necessary and essential to a quality control
 15-4    process;
 15-5                (9)  safety apparel or work clothing that is used
 15-6    during the actual manufacturing, processing, or fabrication of
 15-7    tangible personal property for ultimate sale if:
 15-8                      (A)  the manufacturing process would not be
 15-9    possible without the use of the apparel or clothing; and
15-10                      (B)  the apparel or clothing is not resold to the
15-11    employee;
15-12                (10)  tangible personal property used or consumed in
15-13    the actual manufacturing, processing, or fabrication of tangible
15-14    personal property for ultimate sale if the use or consumption of
15-15    the property is necessary and essential to comply with federal,
15-16    state, or local laws or rules that establish requirements related
15-17    to public health; and
15-18                (11)  tangible personal property specifically installed
15-19    to:
15-20                      (A)  reduce water use and wastewater flow volumes
15-21    from the manufacturing, processing, fabrication, or repair
15-22    operation;
15-23                      (B)  reuse and recycle wastewater streams
15-24    generated within the manufacturing, processing, fabrication, or
15-25    repair operation; or
15-26                      (C)  treat wastewater from another industrial or
 16-1    municipal source for the purpose of replacing existing freshwater
 16-2    sources in the manufacturing, processing, fabrication, or repair
 16-3    operation.
 16-4          (c)  The exemption does not include:
 16-5                (1)  intraplant transportation equipment, including
 16-6    intraplant transportation equipment used to move a product or raw
 16-7    material in connection with the manufacturing process and
 16-8    specifically including all piping and conveyor systems, provided
 16-9    that the following remain eligible for the exemption:
16-10                      (A)  piping or conveyor systems that are [is] a
16-11    component part of a single item of manufacturing equipment or
16-12    pollution control equipment eligible for the exemption under
16-13    Subsection (a)(2), (a)(4), or (a)(5);
16-14                      (B)  piping through which the product or an
16-15    intermediate or preliminary product that will become an ingredient
16-16    or component part of the product is recycled or circulated in a
16-17    loop between the single item of manufacturing equipment and the
16-18    ancillary equipment that supports only that single item of
16-19    manufacturing equipment if the single item of manufacturing
16-20    equipment and the ancillary equipment operate together to perform a
16-21    specific step in the manufacturing process; and
16-22                      (C)  piping through which the product or an
16-23    intermediate or preliminary product that will become an ingredient
16-24    or component part of the product is recycled back to another single
16-25    item of manufacturing equipment and its ancillary equipment in the
16-26    same manufacturing process [remains eligible for the exemption];
 17-1                (2)  [maintenance or janitorial supplies or equipment
 17-2    or other machinery, equipment, materials, or supplies that are used
 17-3    incidentally in a manufacturing, processing, or fabrication
 17-4    operation;]
 17-5                [(3)]  hand tools;
 17-6                (3)  maintenance supplies not otherwise exempted under
 17-7    this section, maintenance equipment, janitorial supplies or
 17-8    equipment, [(4)] office equipment or supplies, equipment or
 17-9    supplies used in sales or distribution activities, research or
17-10    development of new products, or transportation activities[, or
17-11    other tangible personal property not used in an actual
17-12    manufacturing, processing, or fabrication operation]; [or]
17-13                (4) [(5)]  machinery and equipment or supplies to the
17-14    extent not otherwise exempted under this section used to maintain
17-15    or store tangible personal property; or
17-16                (5)  tangible personal property used in the
17-17    transmission or distribution of electricity, including
17-18    transformers, cable, switches, breakers, capacitor banks,
17-19    regulators, relays, reclosers, fuses, interruptors, reactors,
17-20    arrestors, resistors, insulators, instrument transformers, and
17-21    telemetry units not otherwise exempted under this section, and
17-22    lines, conduit, towers, and poles.
17-23          (f)  For purposes of Subsection (c)(1), piping through which
17-24    material is transported forward from one single item of
17-25    manufacturing equipment and its ancillary support equipment to
17-26    another single item of manufacturing equipment and its ancillary
 18-1    support equipment is not considered a component part of a single
 18-2    item of manufacturing equipment and is not exempt.  An integrated
 18-3    group of manufacturing and processing machines and ancillary
 18-4    equipment that operate together to create or produce the product or
 18-5    an intermediate or preliminary product that will become an
 18-6    ingredient or component part of the product is not a single item of
 18-7    manufacturing equipment.
 18-8          (o)  The production of a publication for the dissemination of
 18-9    news of a general character and of a general interest that is
18-10    printed on newsprint and distributed to the general public free of
18-11    charge at a daily, weekly, or other short interval is considered
18-12    "manufacturing" for purposes of [Subsections (d)-(m) of] this
18-13    section.
18-14          (q)  For purposes of Subsection (b), "semiconductor
18-15    fabrication cleanrooms and equipment" means all tangible personal
18-16    property, without regard to whether the property is affixed to or
18-17    incorporated into realty, used in connection with the
18-18    manufacturing, processing, or fabrication in a cleanroom
18-19    environment of a semiconductor product, without regard to whether
18-20    the property is actually contained in the cleanroom environment.
18-21    The term includes integrated systems, fixtures, and piping, all
18-22    property necessary or adapted to reduce contamination or to control
18-23    airflow, temperature, humidity, chemical purity, or other
18-24    environmental conditions or manufacturing tolerances, and
18-25    production equipment and machinery.  The term does not include the
18-26    building or a permanent, nonremovable component of the building,
 19-1    that houses the cleanroom environment.  The term includes moveable
 19-2    cleanroom partitions and cleanroom lighting.  "Semiconductor
 19-3    fabrication cleanrooms and equipment" are not "intraplant
 19-4    ["interplant] transportation equipment" [or "used incidentally in a
 19-5    manufacturing, processing, or fabrication operation"] as that term
 19-6    is [those terms are] used in Subsection [Subsections] (c)(1) [and
 19-7    (c)(2)].
 19-8          (s)  The following do not apply to the semiconductor
 19-9    fabrication cleanrooms and equipment in Subsection (q):
19-10                (1)  limitations in Subsection (a)(2) that refer to
19-11    tangible personal property directly causing chemical and physical
19-12    changes to the product being manufactured, processed, or fabricated
19-13    for ultimate sale;
19-14                (2)  Subsection (c)(1); and
19-15                (3)  Subsection (c)(4)[(5)].
19-16          (t)  In addition to the other items exempted under this
19-17    section, pre-press machinery, equipment, and supplies, including
19-18    computers, cameras, film, film developing chemicals, veloxes,
19-19    plate-making machinery, plate metal, litho negatives, color
19-20    separation negatives, proofs of color negatives, production art
19-21    work, and typesetting or composition proofs, that are necessary and
19-22    essential to and used in connection with the printing process are
19-23    exempted from the tax imposed by this chapter if they are purchased
19-24    by a person engaged in:
19-25                (1)  printing or imprinting tangible personal property
19-26    for sale; or
 20-1                (2)  producing a publication for the dissemination of
 20-2    news of a general character and of a general interest that is
 20-3    printed on newsprint and distributed to the general public free of
 20-4    charge at a daily, weekly, or other short interval.
 20-5          SECTION 17.  Subchapter H, Chapter 151, Tax Code, is amended
 20-6    by adding Section 151.3185 to read as follows:
 20-7          Sec. 151.3185.  PROPERTY USED IN THE PRODUCTION OF MOTION
 20-8    PICTURES OR VIDEO OR AUDIO RECORDINGS AND BROADCASTS.  (a)  The
 20-9    sale, lease, or rental or storage, use, or other consumption of the
20-10    following items are exempted from the taxes imposed by this
20-11    chapter:
20-12                (1)  tangible personal property that will become an
20-13    ingredient or component part of:
20-14                      (A)  a motion picture or video or audio
20-15    recording, a copy of which is sold or offered for ultimate sale,
20-16    licensed, distributed, broadcast, or otherwise exhibited; or
20-17                      (B)  a broadcast by a producer of cable programs
20-18    or by a radio or television station licensed by the Federal
20-19    Communications Commission;
20-20                (2)  tangible personal property that is necessary or
20-21    essential to and used or consumed in or during:
20-22                      (A)  the production of a motion picture or video
20-23    or audio recording, a copy of which is sold or offered for ultimate
20-24    sale, licensed, distributed, broadcast, or otherwise exhibited; or
20-25                      (B)  the production of a broadcast by or for a
20-26    cable program producer or by or for a radio or television station
 21-1    licensed by the Federal Communications Commission; and
 21-2                (3)  except as provided by Subsection (c), services
 21-3    that are necessary and essential to and used directly in a
 21-4    production described by Subdivision (2)(A) or (B).
 21-5          (b)  The exemption includes:
 21-6                (1)  cameras, film, and film developing chemicals that
 21-7    are necessary and essential to and used or consumed in a production
 21-8    described by Subsection (a)(2)(A) or (B);
 21-9                (2)  lights, props, sets, teleprompters, microphones,
21-10    digital equipment, special effects equipment and supplies, and
21-11    other equipment that is necessary and essential to and used or
21-12    consumed directly in a production described by Subsection (a)(2)(A)
21-13    or (B); and
21-14                (3)  audio or video routing switchers located in a
21-15    studio that are necessary and essential to and used or consumed
21-16    directly in a production described by Subsection (a)(2)(A) or (B).
21-17          (c)  The exemption does not include:
21-18                (1)  office equipment or supplies;
21-19                (2)  maintenance or janitorial equipment or supplies;
21-20                (3)  machinery, equipment, or supplies used in sales,
21-21    transmission, or transportation activities;
21-22                (4)  machinery, equipment, or supplies used in
21-23    distribution activities, unless otherwise exempted by this section;
21-24                (5)  taxable items that are used incidentally in a
21-25    production described by Subsection (a)(2)(A) or (B); or
21-26                (6)  the following taxable items, regardless of whether
 22-1    they are used incidentally in a production described by Subsection
 22-2    (a)(2)(A) or (B):
 22-3                      (A)  telecommunications equipment and services;
 22-4                      (B)  transmission equipment;
 22-5                      (C)  security services;
 22-6                      (D)  motor vehicle parking services; and
 22-7                      (E)  food ready for immediate consumption.
 22-8          (d)  A production described by Subsection (a)(2)(A) or (B)
 22-9    does not include a production for broadcast that is not intended to
22-10    be broadcast to either the general public or to cable television
22-11    service subscribers or paying customers.
22-12          SECTION 18.  Subsection (a), Section 151.321, Tax Code, is
22-13    amended to read as follows:
22-14          (a)  A taxable item sold by a qualified student organization
22-15    and for which the sales price is $5,000 or less, is exempted from
22-16    the taxes imposed by Subchapter C, except that a taxable item
22-17    manufactured by or donated to the organization is exempt from the
22-18    taxes imposed by Subchapter C regardless of sales price unless sold
22-19    to the donor, if the student organization:
22-20                (1)  sells the item at a sale that may last for one day
22-21    only and the primary purpose of which is to raise funds for the
22-22    organization; and
22-23                (2)  holds not more than one sale described by
22-24    Subdivision (1) each month for which an exemption is claimed for an
22-25    item sold.
22-26          SECTION 19.  Subsection (d), Section 151.350, Tax Code, is
 23-1    amended to read as follows:
 23-2          (d)  In this section, "restore" means:
 23-3                (1)  launder, [or] clean, repair, treat, or apply
 23-4    protective chemicals to an item, to the extent the service is a
 23-5    personal service as defined in Section 151.0045; and
 23-6                (2)  repair, restore, or remodel, to the extent the
 23-7    service is:
 23-8                      (A)  a real property repair or remodeling service
 23-9    as defined in Section 151.0047; or
23-10                      (B)  defined as a taxable service in Section
23-11    151.0101(a)(5) [151.0101(5)].
23-12          SECTION 20.  Subchapter H, Chapter 151, Tax Code, is amended
23-13    by adding Section 151.354 to read as follows:
23-14          Sec. 151.354.  SERVICES BY EMPLOYEES OF PROPERTY MANAGEMENT
23-15    COMPANIES.  (a)  There are exempted from the taxes imposed by this
23-16    chapter services performed by an employee of a property management
23-17    company if:
23-18                (1)  the employee is permanently assigned to one rental
23-19    property by the property management company;
23-20                (2)  the property management company is reimbursed on a
23-21    dollar-for-dollar basis for the services provided; and
23-22                (3)  the employee remains assigned to that property
23-23    while employed by successive owners or management companies.
23-24          (b)  This exemption does not apply to services performed by
23-25    an employee for properties other than the one to which the employee
23-26    is permanently assigned.
 24-1          (c)  For purposes of this section, a person is an employee of
 24-2    a property management company if either the property management
 24-3    company or an affiliate of the property management company employs
 24-4    the person.
 24-5          (d)  The property management company must:
 24-6                (1)  be contractually obligated to the property owner
 24-7    to exercise control over the activities of the employee providing
 24-8    the service; and
 24-9                (2)  manage and direct the employee's day-to-day
24-10    activities.
24-11          (e)  The property management company or the affiliate must
24-12    pay tax on the taxable items purchased and provided to employees
24-13    providing services on managed property.
24-14          (f)  In this section, "property management company" means a
24-15    person:
24-16                (1)  who, for consideration, operates and manages all
24-17    the activities at a property held by the owner for purposes of
24-18    rental, including an office building, mall, or other retail or
24-19    office complex, an apartment complex, a duplex, or a home; and
24-20                (2)  whose responsibilities include securing tenants,
24-21    hiring, and supervising employees for operation or upkeep of the
24-22    property, receiving and applying revenues, and incurring and paying
24-23    expenses derived from the operation of the property as directed by
24-24    the owner.
24-25          (g)  In this section, a corporation, limited liability
24-26    company, partnership, trust, or estate is an affiliate of the
 25-1    property management company if an 80 percent ownership interest in
 25-2    the property management company or the corporation, limited
 25-3    liability company, partnership, trust, or estate is held by the
 25-4    other, or if a third person has an 80 percent ownership interest
 25-5    either directly or indirectly in both the property management
 25-6    company and the corporation, limited liability company,
 25-7    partnership, trust, or estate.
 25-8          SECTION 21.  Section 151.426, Tax Code, is amended by
 25-9    amending Subsection (c) and adding Subsections (e), (f), (g), (h),
25-10    (i), and (j) to read as follows:
25-11          (c)  Subject to Subsection (e), a [A] retailer or any person
25-12    who extends credit to a purchaser under a retailer's private label
25-13    credit agreement, or an assignee or affiliate of either, is
25-14    entitled to credit or reimbursement for taxes paid on the portion
25-15    of:
25-16                (1)  an account determined to be worthless and actually
25-17    charged off for federal income tax purposes; or
25-18                (2)  the remaining unpaid sales price of a taxable item
25-19    when the item is repossessed under a conditional sales contract.
25-20          (e)  A person is entitled to a credit or reimbursement
25-21    provided by Subsection (c) only if:
25-22                (1)  the retailer:
25-23                      (A)  has a valid sales or use tax permit; and
25-24                      (B)  remits the tax for which the credit or
25-25    reimbursement is sought;
25-26                (2)  all payments on an account are prorated between
 26-1    taxable and nontaxable charges; and
 26-2                (3)  the retailer or person claiming the credit or
 26-3    reimbursement provides detailed records outlining:
 26-4                      (A)  the amount the purchaser contracted to pay;
 26-5                      (B)  taxable and nontaxable charges;
 26-6                      (C)  the tax collected and remitted;
 26-7                      (D)  the unpaid portion of the sales price
 26-8    assigned; and
 26-9                      (E)  the taxpayer number of the seller who
26-10    collected and remitted the tax.
26-11          (f)  A person whose volume and character of uncollectible
26-12    accounts warrants an alternative method of substantiating the
26-13    reimbursement or credit may:
26-14                (1)  maintain records other than the records specified
26-15    in Subsection (e) if:
26-16                      (A)  the records fairly and equitably apportion
26-17    taxable and nontaxable elements of a bad debt and compute the
26-18    amount of sales tax imposed and remitted with respect to the
26-19    taxable charges remaining unpaid on the debt; and
26-20                      (B)  the comptroller approves the procedures
26-21    used; or
26-22                (2)  implement a system to report its future tax
26-23    responsibilities based on a historical percentage calculated from a
26-24    sample of transactions if:
26-25                      (A)  the system utilizes records provided by the
26-26    person claiming the credit or reimbursement; and
 27-1                      (B)  the comptroller approves the procedures
 27-2    used.
 27-3          (g)  The comptroller may revoke the authorization to report
 27-4    under Subsection (f)(2) if the comptroller determines that the
 27-5    percentage being used is no longer representative because of:
 27-6                (1)  a change in law, including a change in the
 27-7    interpretation of an existing law or rule; or
 27-8                (2)  a change in the taxpayer's business operations.
 27-9          (h)  A person claiming a credit or reimbursement under this
27-10    section shall remit tax on any payments received on an account that
27-11    has been written off and claimed as a bad debt.
27-12          (i)  A person who is not a retailer may claim a credit or
27-13    reimbursement authorized by Subsection (c) only for taxes imposed
27-14    by Section 151.051 or 151.101.
27-15          (j)  For purposes of this section, "affiliate" means any
27-16    entity or entities that would be classified as a member of an
27-17    affiliated group under 26 U.S.C.  Section 1504.
27-18          SECTION 22.  Subsections (d) and (g), Section 151.429, Tax
27-19    Code, are amended to read as follows:
27-20          (d)  To receive a refund under this section, an enterprise
27-21    project must apply to the comptroller for the refund.  The Texas
27-22    Department of Economic Development [department of commerce] shall
27-23    provide the comptroller with the assistance that the comptroller
27-24    requires in administering this section.
27-25          (g)  The refund provided by this section is conditioned on
27-26    the enterprise project maintaining at least the same level of
 28-1    employment of qualified employees as existed at the time it
 28-2    qualified for a refund for a period of three years from that date.
 28-3    The Texas Department of Economic Development [Commerce] shall
 28-4    annually certify to the comptroller and the Legislative Budget
 28-5    Board whether that level of employment of qualified employees has
 28-6    been maintained.  On the Texas Department of Economic Development
 28-7    [Commerce] certifying that such a level has not been maintained,
 28-8    the comptroller shall assess that portion of the refund
 28-9    attributable to any such decrease in employment, including penalty
28-10    and interest from the date of the refund.
28-11          SECTION 23.  Subdivision (1), Subsection (e), Section
28-12    151.429, Tax Code, is amended to read as follows:
28-13                (1)  "Enterprise project" means a person designated by
28-14    the Texas Department of Economic Development [Commerce] as an
28-15    enterprise project under Chapter 2303, Government Code.
28-16          SECTION 24.  Subsections (d) and (g), Section 151.4291, Tax
28-17    Code, are amended to read as follows:
28-18          (d)  To receive a refund under this section, a defense
28-19    readjustment project must apply to the comptroller for the refund.
28-20    The Texas Department of Economic Development [Commerce] shall
28-21    provide the  comptroller with the assistance that the comptroller
28-22    requires in administering this section.
28-23          (g)  The refund provided by this section is conditioned on
28-24    the defense readjustment project maintaining at least the same
28-25    level of employment of qualified employees as existed at the time
28-26    it qualified for a refund for a period of three years from that
 29-1    date.  The Texas Department of Economic Development [Commerce]
 29-2    shall annually certify to the comptroller and the Legislative
 29-3    Budget Board whether that level of employment of qualified
 29-4    employees has been maintained.  On the Texas Department of Economic
 29-5    Development [Commerce] certifying that such a level has not been
 29-6    maintained, the comptroller shall assess that portion of the refund
 29-7    attributable to any such decrease in employment, including penalty
 29-8    and interest from the date of the refund.
 29-9          SECTION 25.  Subdivision (1), Subsection (e), Section
29-10    151.4291, Tax Code, is amended to read as follows:
29-11                (1)  "Defense readjustment project" means a person
29-12    designated by the Texas Department of Economic Development
29-13    [Commerce] as a defense readjustment project under Chapter 2310,
29-14    Government Code.
29-15          SECTION 26.  Subsection (a), Section 151.431, Tax Code, is
29-16    amended to read as follows:
29-17          (a)  A qualified business operating in the enterprise zone's
29-18    jurisdiction for at least three consecutive years may apply for and
29-19    be granted a onetime refund of sales and use tax paid by the
29-20    qualified business after certification of the qualified business as
29-21    provided by Subsection (b) of this section to a vendor or directly
29-22    to the state for the purchase of equipment or machinery sold to the
29-23    business for use in an enterprise zone if the governing body or
29-24    bodies certify to the Texas Department of Economic Development
29-25    [Commerce] that the business is retaining 10 or more jobs held by
29-26    qualified employees during the year.  For the purposes of this
 30-1    subsection "job" means an existing employment position of a
 30-2    qualified business that has provided employment to a qualified
 30-3    employee of at least 1,820 hours annually.
 30-4          SECTION 27.  Section 152.002, Tax Code, is amended by adding
 30-5    Subsection (d) to read as follows:
 30-6          (d)  A person who holds a lessor license under the Texas
 30-7    Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
 30-8    Civil Statutes) or is specifically not required to obtain a lessor
 30-9    license under Section 4.01(a) of that Act may deduct the fair
30-10    market value of a replaced motor vehicle that has been leased for
30-11    longer than 180 days and is titled to another person if:
30-12                (1)  either person:
30-13                      (A)  holds a beneficial ownership interest in the
30-14    other person of at least 80 percent; or
30-15                      (B)  acquires all of its vehicles exclusively
30-16    from franchised dealers whose franchisor shares common ownership
30-17    with the other person; and
30-18                (2)  the replaced motor vehicle is offered for sale.
30-19          SECTION 28.  Section 152.041, Tax Code, is amended by adding
30-20    Subsection (e) to read as follows:
30-21          (e)  If a motor vehicle title applicant has paid the tax to
30-22    the seller who is required by this chapter to collect the tax and
30-23    the seller has failed to remit the tax to the county tax
30-24    assessor-collector, the tax assessor-collector may accept
30-25    application for title to the motor vehicle without the payment of
30-26    additional tax by the applicant.  Before title to the motor vehicle
 31-1    may be issued under these circumstances, the motor vehicle title
 31-2    applicant must present satisfactory documentation to the tax
 31-3    assessor-collector that the tax was paid.  The county tax
 31-4    assessor-collector shall notify the comptroller in writing of the
 31-5    seller's failure to remit the tax.  The notice must:
 31-6                (1)  be made before the 31st day after the date the
 31-7    application for title is accepted;
 31-8                (2)  contain the name and address of the seller; and
 31-9                (3)  include any documentation of the payment of the
31-10    tax provided to the county tax assessor-collector by the motor
31-11    vehicle title applicant.
31-12          SECTION 29.  Subsections (a), (b), (d), and (h), Section
31-13    153.117, Tax Code, are amended to read as follows:
31-14          (a)  A distributor shall keep a record showing the number of
31-15    gallons of:
31-16                (1)  all gasoline inventories on hand at the first of
31-17    each month;
31-18                (2)  all gasoline refined, compounded, or blended;
31-19                (3)  all gasoline purchased or received, showing the
31-20    name of the seller and date of each purchase or receipt;
31-21                (4)  all gasoline sold, distributed, or used, showing
31-22    the name of the purchaser and the date of the sale or use; and
31-23                (5)  all gasoline lost by fire, theft, or [other]
31-24    accident.
31-25          (b)  A dealer shall keep a record showing the number of
31-26    gallons of:
 32-1                (1)  gasoline inventories on hand at the first of each
 32-2    month;
 32-3                (2)  all gasoline purchased or received, showing the
 32-4    name of the seller and the date of each purchase or receipt;
 32-5                (3)  all gasoline sold or used, showing the date of the
 32-6    sale or use; and
 32-7                (4)  all gasoline lost by fire, theft, or [other]
 32-8    accident.
 32-9          (d)  An aviation fuel dealer shall keep a record showing the
32-10    number of gallons of:
32-11                (1)  all gasoline inventories on hand at the first of
32-12    each month;
32-13                (2)  all gasoline purchased or received, showing the
32-14    name of the seller and date of each purchase or receipt;
32-15                (3)  all gasoline sold or used in aircraft or aircraft
32-16    servicing equipment; and
32-17                (4)  all gasoline lost by fire, theft, or [other]
32-18    accident.
32-19          (h)  A gasoline jobber shall keep a record showing the number
32-20    of gallons of:
32-21                (1)  all gasoline inventories on hand at the first of
32-22    each month;
32-23                (2)  all gasoline purchased or received, showing the
32-24    name of the seller and date of each purchase or receipt;
32-25                (3)  all gasoline sold, distributed, or used, showing
32-26    the name of the purchaser and the date of the sale or use; and
 33-1                (4)  all gasoline lost by fire, theft, or [other]
 33-2    accident.
 33-3          SECTION 30.  Subsections (a) and (e), Section 153.119, Tax
 33-4    Code, are amended to read as follows:
 33-5          (a)  A person who exports, sells to the federal government,
 33-6    to a public school district in this state, or to a commercial
 33-7    transportation company for exclusive use in providing public school
 33-8    transportation services to a school district under Section 34.008,
 33-9    Education Code, without having added the amount of the tax imposed
33-10    by this chapter to his selling price, loses by fire, theft, or
33-11    [other] accident, or uses gasoline for the purpose of operating or
33-12    propelling a motorboat, tractor used for agricultural purposes, or
33-13    stationary engine, or for another purpose except in a vehicle
33-14    operated or intended to be operated on the public highways of this
33-15    state, and who has paid the tax imposed on gasoline by this chapter
33-16    either directly or indirectly is, when the person has complied with
33-17    the invoice and filing provisions of this section and the rules of
33-18    the comptroller, entitled to reimbursement of the tax paid by him,
33-19    less a filing fee and any amount allowed distributors[, wholesalers
33-20    or jobbers, dealers, or others] under Section 153.105(e)
33-21    [153.105(c)] of this code.  A public school district that has paid
33-22    the tax imposed under this chapter on gasoline used by the district
33-23    or a commercial transportation company that has paid the tax
33-24    imposed under this chapter on gasoline used by the company
33-25    exclusively to provide public school transportation services to a
33-26    school district under Section 34.008, Education Code, is entitled
 34-1    to reimbursement of the amount of the tax paid in the same manner
 34-2    and subject to the same procedures as other exempted users.
 34-3          (e)  A person who exports or loses by fire, theft, or [other]
 34-4    accident 100 or more gallons of gasoline on which the tax has been
 34-5    paid, or sells gasoline in any quantity to the United States
 34-6    government for the exclusive use of that government on which the
 34-7    tax has been paid, may file a claim for a refund of the net tax
 34-8    paid to the state in the manner provided by this chapter or as the
 34-9    comptroller may direct.
34-10          SECTION 31.  Subsection (a), Section 153.121, Tax Code, is
34-11    amended to read as follows:
34-12          (a)  Except as provided by this section, a claim for a refund
34-13    must be filed with the comptroller within one year after the first
34-14    day of the calendar month following the purchase, use, delivery,
34-15    export, or loss by fire, theft, or [other] accident of gasoline,
34-16    whichever period expires latest.
34-17          SECTION 32.  Section 153.206, Tax Code, is amended by adding
34-18    Subsection (j) to read as follows:
34-19          (j)  In each subsequent sale of diesel fuel on which the tax
34-20    has been collected, the amount of the tax shall be added to the
34-21    selling price  so that the tax is paid ultimately by the person
34-22    using or consuming the diesel fuel for the purpose of propelling a
34-23    vehicle on the public highways of this state.
34-24          SECTION 33.  Subsections (a), (b), (c), (d), and (i), Section
34-25    153.219, Tax Code, are amended to read as follows:
34-26          (a)  A supplier shall keep a record showing the number of
 35-1    gallons of:
 35-2                (1)  all diesel fuel inventories on hand at the first
 35-3    of each month;
 35-4                (2)  all diesel fuel refined, compounded, or blended;
 35-5                (3)  all diesel fuel purchased or received, showing the
 35-6    name of the seller, and the date of each purchase or receipt;
 35-7                (4)  all diesel fuel sold, distributed, or used showing
 35-8    the name of the purchaser and the date of sale, distribution, or
 35-9    use; and
35-10                (5)  all diesel fuel lost by fire, theft, or [other]
35-11    accident.
35-12          (b)  A dealer shall keep a record showing the number of
35-13    gallons of:
35-14                (1)  all diesel fuel inventories on hand at the first
35-15    of each month;
35-16                (2)  all diesel fuel purchased or received, showing the
35-17    name of the seller, the date of each purchase or receipt;
35-18                (3)  all diesel fuel sold, distributed, or used; and
35-19                (4)  all diesel fuel lost by fire, theft, or [other]
35-20    accident.
35-21          (c)  A bonded user or other user with nonhighway equipment
35-22    uses who files a claim for a refund shall keep a record showing the
35-23    number of gallons of:
35-24                (1)  inventories of all diesel fuel on hand at the
35-25    first of each month;
35-26                (2)  all diesel fuel purchased or received, showing the
 36-1    name of the seller and the date of each purchase;
 36-2                (3)  all diesel fuel deliveries into the fuel supply
 36-3    tanks of motor vehicles;
 36-4                (4)  diesel fuel used for other purposes, showing the
 36-5    purpose for which used; and
 36-6                (5)  all diesel fuel lost by fire, theft, or [other]
 36-7    accident.
 36-8          (d)  An aviation fuel dealer shall keep a record showing the
 36-9    number of gallons of:
36-10                (1)  all diesel fuel inventories on hand at the first
36-11    of each month;
36-12                (2)  all diesel fuel purchased or received, showing the
36-13    name of the seller and the date of each purchase or receipt;
36-14                (3)  all diesel fuel sold, distributed, or used in
36-15    aircraft or aircraft servicing equipment; and
36-16                (4)  diesel fuel lost by fire, theft, or [other]
36-17    accident.
36-18          (i)  A diesel fuel jobber shall keep a record showing the
36-19    number of gallons of:
36-20                (1)  all diesel fuel inventories on hand at the first
36-21    of each month;
36-22                (2)  all diesel fuel purchased or received, showing the
36-23    name of the seller and date of each purchase or receipt;
36-24                (3)  all diesel fuel sold, distributed, or used,
36-25    showing the name of the purchaser and the date of the sale or use;
36-26    and
 37-1                (4)  all diesel fuel lost by fire, theft, or [other]
 37-2    accident.
 37-3          SECTION 34.  Subsection (e), Section 153.222, Tax Code, is
 37-4    amended to read as follows:
 37-5          (e)  A person who exports or loses by fire, theft, or [other]
 37-6    accident 100 or more gallons of diesel fuel on which the tax has
 37-7    been paid, or who sells diesel fuel in any quantity to the United
 37-8    States for its exclusive use on which the tax has been paid, may
 37-9    file a claim for a refund of the net tax paid to the state as the
37-10    comptroller may direct.
37-11          SECTION 35.  Subsection (a), Section 153.224, Tax Code, is
37-12    amended to read as follows:
37-13          (a)  Except as provided by this section, a claim for a refund
37-14    must be filed with the comptroller within one year after the first
37-15    day of the calendar month following the purchase, use, delivery,
37-16    export, or loss by fire, theft, or [other] accident of diesel fuel,
37-17    whichever period expires latest.
37-18          SECTION 36.  Subsections (c) and (g), Section 154.114, Tax
37-19    Code, are amended to read as follows:
37-20          (c)  The comptroller shall deliver [mail] the written notice
37-21    by personal service or by [certified] mail[, return receipt
37-22    requested,] to the permit holder's mailing address as it appears on
37-23    the comptroller's records.  Service by mail is complete when the
37-24    notice is deposited with [received, as evidenced by return receipt
37-25    from] the U.S. Postal Service.
37-26          (g)  If the comptroller suspends or revokes a permit, the
 38-1    comptroller shall provide written notice of the suspension or
 38-2    revocation, within a reasonable time, to each distributor and
 38-3    wholesaler permit holder in the state.  A distributor or wholesaler
 38-4    permit holder violates Section 154.1015(a) by selling or
 38-5    distributing cigarettes to a person whose permit has been suspended
 38-6    or revoked only after the distributor or wholesaler permit holder
 38-7    receives written notice of the suspension or revocation from the
 38-8    comptroller.
 38-9          SECTION 37.  Subsection (a), Section 154.210, Tax Code, is
38-10    amended to read as follows:
38-11          (a)  A distributor shall deliver to the comptroller, on or
38-12    before the last [15th] day of each month, a report for the
38-13    preceding month.
38-14          SECTION 38.  Subsection (b), Section 154.308, Tax Code, is
38-15    amended to read as follows:
38-16          (b)  On making a deficiency determination, the comptroller
38-17    shall notify the person by [certified] mail or personal service[,
38-18    return receipt requested].  Service by mail is complete when the
38-19    notice is deposited with [received, as evidenced by return receipt
38-20    from] the U.S. Postal Service.
38-21          SECTION 39.  Subsections (b) and (d), Section 154.309, Tax
38-22    Code, are amended to read as follows:
38-23          (b)  A written request for redetermination must be filed at
38-24    the office of the comptroller not later than the 30th [15th
38-25    working] day after the date notice of deficiency is issued
38-26    [received].  If a written request for redetermination is not filed
 39-1    as required by this subsection, the determination is final.
 39-2          (d)  The comptroller shall give notice of a redetermination
 39-3    hearing by personal service or by [certified] mail[, return receipt
 39-4    requested].  Service by mail is complete when the notice is
 39-5    deposited with [received, as evidenced by return receipt from] the
 39-6    U.S. Postal Service.
 39-7          SECTION 40.  Subsection (c), Section 155.059, Tax Code, is
 39-8    amended to read as follows:
 39-9          (c)  The comptroller shall deliver [mail] the written notice
39-10    by personal service or by [certified] mail[, return receipt
39-11    requested,] to the permit holder's mailing address as it appears in
39-12    the comptroller's records.  Service by mail is complete when the
39-13    notice is deposited with [received, as evidenced by the return
39-14    receipt from] the United States Postal Service.
39-15          SECTION 41.  Subsection (b), Section 155.103, Tax Code, is
39-16    amended to read as follows:
39-17          (b)  A manufacturer who sells tobacco products to a permit
39-18    holder in this state shall file with the comptroller, on or before
39-19    the last [15th] day of each month, a report showing the information
39-20    listed in Subsection (a) for the previous month.
39-21          SECTION 42.  Subsection (a), Section 155.111, Tax Code, is
39-22    amended to read as follows:
39-23          (a)  A distributor shall file with the comptroller on or
39-24    before the last [30th] day of each month, a report for the
39-25    preceding month.
39-26          SECTION 43.  Subsection (b), Section 155.185, Tax Code, is
 40-1    amended to read as follows:
 40-2          (b)  On making a deficiency determination, the comptroller
 40-3    shall notify the person by personal service or by [certified]
 40-4    mail[, return receipt requested].  Service by mail is complete when
 40-5    the notice is deposited with [received, as evidenced by return
 40-6    receipt from] the U.S. Postal Service.
 40-7          SECTION 44.  Subsections (b) and (d), Section 155.186, Tax
 40-8    Code, are amended to read as follows:
 40-9          (b)  A written request for redetermination must be filed at
40-10    the office of the comptroller not later than the 30th [15th
40-11    working] day after the date notice of deficiency is issued
40-12    [received].  If a written request for redetermination is not filed
40-13    as required by this subsection, the determination is final.
40-14          (d)  The comptroller shall give notice of a redetermination
40-15    hearing by personal service or by [certified] mail[, return receipt
40-16    requested].  Service by mail is complete when the notice is
40-17    deposited with [received, as evidenced by return receipt from] the
40-18    U.S. Postal Service.
40-19          SECTION 45.  Section 156.102, Tax Code, is amended to read as
40-20    follows:
40-21          Sec. 156.102.  EXCEPTION--RELIGIOUS, CHARITABLE, OR
40-22    EDUCATIONAL ORGANIZATION.  (a)  This chapter does not impose a tax
40-23    on a corporation or association that is organized and operated
40-24    exclusively for a religious, charitable, or educational purpose if
40-25    no part of the net earnings of the corporation or association inure
40-26    to the benefit of a private shareholder or individual.
 41-1          (b)  For purposes of this section, an institution of higher
 41-2    education is organized and operated exclusively for an educational
 41-3    purpose only if the institution is defined as an institution of
 41-4    higher education under any subdivision of Section 61.003, Education
 41-5    Code.
 41-6          SECTION 46.  Subsections (a), (b), (c), and (d), Section
 41-7    156.103, Tax Code, are amended to read as follows:
 41-8          (a)  This [Subject to this section, this] chapter does not
 41-9    impose a tax on:
41-10                (1)  the United States;
41-11                (2)  a governmental entity of the United States[, this
41-12    state, or an agency, institution, board, or commission of this
41-13    state other than an institution of higher education;]
41-14                [(2)  an officer or employee of a state governmental
41-15    entity described by Subdivision (1) when traveling on or otherwise
41-16    engaged in the course of official duties for the governmental
41-17    entity]; or
41-18                (3)  an officer or employee of a governmental entity of
41-19    the United States when traveling on or otherwise engaged in the
41-20    course of official duties for the governmental entity [if the
41-21    governmental entity directly pays to the hotel the price for the
41-22    room].
41-23          (b)  This state, or an agency, institution, board, or
41-24    commission of this state other than an institution of higher
41-25    education [A governmental entity otherwise excepted under this
41-26    section] shall pay the tax imposed by this chapter and is entitled
 42-1    to a refund of the amount of tax paid in accordance with Section
 42-2    156.154.
 42-3          (c)  A state officer or employee of a state governmental
 42-4    entity described by Subsection (b) [(a)(2)] who is entitled to
 42-5    reimbursement for the cost of lodging and for whom a special
 42-6    provision or exception to the general rate of reimbursement under
 42-7    the General Appropriations Act is not applicable shall pay the tax
 42-8    imposed by [under] this chapter [as if it were imposed by this
 42-9    chapter].  The state governmental entity with whom the person is
42-10    associated is entitled under Section 156.154 to a refund of the tax
42-11    paid.
42-12          (d)  A state officer or employee of a state governmental
42-13    entity described by Subsection (b) [(a)(2)] for whom a special
42-14    provision or exception to the general rate of reimbursement under
42-15    the General Appropriations Act applies and who is provided with
42-16    photo identification verifying the identity and exempt status of
42-17    the person is not required to pay the tax and is not entitled to a
42-18    refund.  The photo identification of a state officer or employee
42-19    described by this section may be modified for the purposes of this
42-20    section.
42-21          SECTION 47.  Section 171.063, Tax Code, is amended by
42-22    amending Subsection (a) and adding Subsection (h) to read as
42-23    follows:
42-24          (a)  The following corporations are exempt from the franchise
42-25    tax:
42-26                (1)  a nonprofit corporation exempted from the federal
 43-1    income tax under Section 501(c)(3), (4), (5), (6), (7), (8), (10),
 43-2    or (19), Internal Revenue Code which in the case of a nonprofit
 43-3    hospital means a hospital providing community benefits that include
 43-4    charity care and government-sponsored indigent health care
 43-5    [community benefits] as set forth in Subchapter D, Chapter 311,
 43-6    Health and Safety Code; [Paragraph (A), (B), (C), (D), (E), (F), or
 43-7    (G):]
 43-8                      [(A)  charity care and government-sponsored
 43-9    indigent health care are provided at a level which is reasonable in
43-10    relation to the community needs, as determined through the
43-11    community needs assessment, the available resources of the hospital
43-12    or hospital system, and the tax-exempt benefits received by the
43-13    hospital or hospital system;]
43-14                      [(B)  charity care and government-sponsored
43-15    indigent health care are provided in an amount equal to at least
43-16    four percent of the hospital's or hospital system's net patient
43-17    revenue;]
43-18                      [(C)  charity care and government-sponsored
43-19    indigent health care are provided in an amount equal to at least
43-20    100 percent of the hospital's or hospital system's tax-exempt
43-21    benefits, excluding federal income tax;]
43-22                      [(D)  for tax periods beginning before January 1,
43-23    1996, charity care and community benefits are provided in a
43-24    combined amount equal to at least five percent of the hospital's
43-25    net patient revenue, provided that charity care and
43-26    government-sponsored indigent health care are provided in an amount
 44-1    equal to at least three percent of net patient revenue;]
 44-2                      [(E)  for tax periods beginning after December
 44-3    31, 1995, charity care and community benefits are provided in a
 44-4    combined amount equal to at least five percent of the hospital's or
 44-5    hospital system's net patient revenue, provided that charity care
 44-6    and government-sponsored indigent health care are provided in an
 44-7    amount equal to at least four percent of net patient revenue;]
 44-8                      [(F)  a nonprofit hospital that has been
 44-9    designated as a disproportionate share hospital under the state
44-10    Medicaid program in the current year or in either of the previous
44-11    two fiscal years is considered to have provided a reasonable amount
44-12    of charity care and government-sponsored indigent health care and
44-13    is considered in compliance with the standards provided by this
44-14    subsection; or]
44-15                      [(G)  a hospital operated on a nonprofit basis
44-16    that is located in a county with a population of less than 50,000
44-17    and in which the entire county or the population of the entire
44-18    county has been designated as a health professionals shortage area
44-19    is considered in compliance with the standards provided by this
44-20    subsection;]
44-21                (2)  a corporation exempted under Section 501(c)(2) or
44-22    (25), Internal Revenue Code, if the corporation or corporations for
44-23    which it holds title to property is either exempt from or not
44-24    subject to the franchise tax; and
44-25                (3)  a corporation exempted from federal income tax
44-26    under Section 501(c)(16), Internal Revenue Code[; and]
 45-1                [(4)  a nonprofit corporation exempted from the federal
 45-2    income tax under Section 501(c)(3), Internal Revenue Code, that
 45-3    does not receive any payment for providing health care services to
 45-4    inpatients or outpatients from any source including but not limited
 45-5    to the patient or person legally obligated to support the patient,
 45-6    third-party payors, Medicare, Medicaid, or any other state or local
 45-7    indigent care program.  Payment for providing health care services
 45-8    does not include charitable donations, legacies, bequests, or
 45-9    grants or payments for research.]
45-10          [For purposes of satisfying Paragraph (E) of Subdivision (1),
45-11    a hospital or hospital system may not change its existing fiscal
45-12    year unless the hospital or hospital system changes its ownership
45-13    or corporate structure as a result of a sale or merger.]
45-14          [For purposes of this subsection, a hospital that satisfies
45-15    Paragraph (A), (F), or (G) of Subdivision (1) shall be excluded in
45-16    determining a hospital system's compliance with the standards
45-17    provided by Paragraph (B), (C), (D), or (E) of Subdivision (1).]
45-18          [For purposes of this subsection, the terms "charity care,"
45-19    "government-sponsored indigent health care," "health care
45-20    organization," "hospital system," "net patient revenue," "nonprofit
45-21    hospital," and "tax-exempt benefits" have the meanings set forth in
45-22    Sections 311.031 and 311.042, Health and Safety Code.  A
45-23    determination of the amount of community benefits and charity care
45-24    and government-sponsored indigent health care provided by a
45-25    hospital or hospital system and the hospital's or hospital system's
45-26    compliance with the requirements of Section 311.045, Health and
 46-1    Safety Code, shall be based on the most recently completed and
 46-2    audited prior fiscal year of the hospital or hospital system.]
 46-3          [A requirement that a nonprofit hospital provide charity care
 46-4    and community benefits under this subsection may be satisfied by a
 46-5    donation of money to the Texas Healthy Kids Corporation established
 46-6    by Chapter 109, Health and Safety Code, provided that:]
 46-7                [(1)  the money is donated to be used for a purpose
 46-8    described by Section 109.033(c), Health and Safety Code; and]
 46-9                [(2)  not more than 10 percent of the charity care
46-10    required under any provision of this subsection may be satisfied by
46-11    the donation.]
46-12          [The providing of charity care and government-sponsored
46-13    indigent health care in accordance with Paragraph (A) of
46-14    Subdivision (1) shall be guided by the prudent business judgment of
46-15    the hospital which will ultimately determine the appropriate level
46-16    of charity care and government-sponsored indigent health care based
46-17    on the community needs, the available resources of the hospital,
46-18    the tax-exempt benefits received by the hospital, and other factors
46-19    that may be unique to the hospital, such as the hospital's volume
46-20    of Medicare and Medicaid patients.  These criteria shall not be
46-21    determinative factors, but shall be guidelines contributing to the
46-22    hospital's decision along with other factors which may be unique to
46-23    the hospital.  The formulas contained in Paragraphs (B), (C), (D),
46-24    and (E) of Subdivision (1) shall also not be considered
46-25    determinative of a reasonable amount of charity care and
46-26    government-sponsored indigent health care.]
 47-1          [The requirements of this subsection shall not apply to the
 47-2    extent a hospital or hospital system demonstrates that reductions
 47-3    in the amount of community benefits, charity care, and
 47-4    government-sponsored indigent health care are necessary to maintain
 47-5    financial reserves at a level required by a bond  covenant, are
 47-6    necessary to prevent the hospital or hospital system from
 47-7    endangering its ability to continue operations, or if the hospital,
 47-8    as a result of a natural or other disaster, is required
 47-9    substantially to curtail its operations.]
47-10          [In any fiscal year that a hospital or hospital system,
47-11    through unintended miscalculation, fails to meet any of the
47-12    standards in Subdivision (1), the hospital or hospital system shall
47-13    not lose its tax-exempt status without the opportunity to cure the
47-14    miscalculation in the fiscal year following the fiscal year the
47-15    failure is discovered by both meeting one of the standards and
47-16    providing an additional amount of charity care and
47-17    government-sponsored indigent health care that is equal to the
47-18    shortfall from the previous fiscal year.  A hospital or hospital
47-19    system may apply this provision only once every five years].
47-20          (h)  A requirement that a nonprofit hospital provide charity
47-21    care and community benefits under Subsection (a)(1) may be
47-22    satisfied by a donation of money to the Texas Healthy Kids
47-23    Corporation established by Chapter 109, Health and Safety Code, if:
47-24                (1)  the money is donated to be used for a purpose
47-25    described by Section 109.033(c), Health and Safety Code; and
47-26                (2)  not more than 10 percent of the charity care
 48-1    required under any provision of Section 311.045, Health and Safety
 48-2    Code, may be satisfied by the donation.
 48-3          SECTION 48.  Subsections (c) and (d), Section 171.063, Tax
 48-4    Code, are amended to read as follows:
 48-5          (c)  A corporation's exemption under Subsection (b) of this
 48-6    section is established by furnishing the comptroller with a copy of
 48-7    the Internal Revenue Service's letter of exemption issued to the
 48-8    corporation.  [The copy of the letter must be filed with the
 48-9    comptroller within 15 months after the day that is the last day of
48-10    a calendar month and that is nearest to the date of the
48-11    corporation's charter or certificate of authority.]
48-12          (d)  If the Internal Revenue Service has not timely issued to
48-13    a corporation a letter of exemption, evidence establishing the
48-14    corporation's provisional exemption under this section is
48-15    sufficient if the corporation timely files with the comptroller
48-16    [within the 15-month period established by Subsection (c) of this
48-17    section] evidence that the corporation has applied in good faith
48-18    for the federal tax exemption.  The evidence must be filed not
48-19    later than the 15th month after the day that is the last day of a
48-20    calendar month and that is nearest to the date of the corporation's
48-21    charter or certificate of authority.
48-22          SECTION 49.  The heading of Subchapter C, Chapter 171, Tax
48-23    Code, is amended to read as follows:
48-24              SUBCHAPTER C.  DETERMINATION OF TAXABLE CAPITAL
48-25         AND TAXABLE EARNED SURPLUS; ALLOCATION AND APPORTIONMENT
48-26          SECTION 50.  The heading of Section 171.1015, Tax Code, is
 49-1    amended to read as follows:
 49-2          Sec. 171.1015.  REDUCTION OF TAXABLE CAPITAL OR TAXABLE
 49-3    EARNED SURPLUS FOR INVESTMENT IN AN ENTERPRISE ZONE.
 49-4          SECTION 51.  Subdivision (1), Subsection (f), Section
 49-5    171.1015, Tax Code, is amended to read as follows:
 49-6                (1)  "Enterprise project" means a person designated by
 49-7    the Texas Department of Economic Development [Commerce] as an
 49-8    enterprise project under Chapter 2303, Government Code.
 49-9          SECTION 52.  Subsection (g), Section 171.1015, Tax Code, is
49-10    amended to read as follows:
49-11          (g)  Only qualified businesses that have been certified as
49-12    eligible for a tax deduction under this section by the Texas
49-13    Department of Economic Development [Commerce] to the comptroller
49-14    and the Legislative Budget Board are entitled to the tax deduction.
49-15          SECTION 53.  The heading of Section 171.1016, Tax Code, is
49-16    amended to read as follows:
49-17          Sec. 171.1016.  REDUCTION OF TAXABLE CAPITAL OR TAXABLE
49-18    EARNED SURPLUS FOR INVESTMENT IN A READJUSTMENT ZONE.
49-19          SECTION 54.  Subdivision (1), Subsection (f), Section
49-20    171.1016, Tax Code, is amended to read as follows:
49-21                (1)  "Defense readjustment project" means a person
49-22    designated by the Texas Department of Economic Development
49-23    [Commerce] as a defense readjustment project under Chapter 2310,
49-24    Government Code.
49-25          SECTION 55.  Subsection (g), Section 171.1016, Tax Code, is
49-26    amended to read as follows:
 50-1          (g)  Only qualified businesses that have been certified as
 50-2    eligible for a tax deduction under this section by the Texas
 50-3    Department of Economic Development [Commerce] to the comptroller
 50-4    and the Legislative Budget Board are entitled to the tax deduction.
 50-5          SECTION 56.  The heading of Section 171.107, Tax Code, is
 50-6    amended to read as follows:
 50-7          Sec. 171.107.  DEDUCTION OF COST OF SOLAR ENERGY DEVICE FROM
 50-8    TAXABLE CAPITAL OR TAXABLE EARNED SURPLUS APPORTIONED TO THIS
 50-9    STATE.
50-10          SECTION 57.  Section 171.110, Tax Code, is amended by adding
50-11    Subsections (i) and (j) to read as follows:
50-12          (i)  For purposes of this section, any person designated as
50-13    an officer is presumed to be an officer if that person:
50-14                (1)  holds an office created by the board of directors
50-15    or under the corporate charter or bylaws; and
50-16                (2)  has legal authority to bind the corporation with
50-17    third parties by executing contracts or other legal documents.
50-18          (j)  A corporation may rebut the presumption described in
50-19    Subsection (i) that a person is an officer if it conclusively
50-20    shows, through the person's job description or other documentation,
50-21    that the person does not participate or have authority to
50-22    participate in significant policymaking aspects of the corporate
50-23    operations.
50-24          SECTION 58.  Subsection (a), Section 171.501, Tax Code, is
50-25    amended to read as follows:
50-26          (a)  A corporation that has been certified a qualified
 51-1    business as provided by Chapter 2303, Government Code may apply for
 51-2    and be granted a refund of franchise tax paid with an initial or
 51-3    annual report if the governing body or bodies certify to the Texas
 51-4    Department of Economic Development [Commerce] that the business has
 51-5    created 10 or more new jobs in its enterprise zone held by
 51-6    qualified employees during the calendar year that contains the end
 51-7    of the accounting period on which the report is based.  The Texas
 51-8    Department of Economic Development [Commerce] shall certify
 51-9    eligibility for any refund to the comptroller.
51-10          SECTION 59.  The heading of Subchapter C, Chapter 183, Tax
51-11    Code, is amended to read as follows:
51-12            SUBCHAPTER C.  MIXED BEVERAGE TAX CLEARANCE [FUND]
51-13          SECTION 60.  The heading of Section 183.051, Tax Code, is
51-14    amended to read as follows:
51-15          Sec. 183.051.  MIXED BEVERAGE TAX CLEARANCE [FUND].
51-16          SECTION 61.  Subsection (b), Section 183.051, Tax Code, is
51-17    amended to read as follows:
51-18          (b)  The comptroller shall issue to each county described in
51-19    Subsection (a) a warrant drawn on the general revenue [mixed
51-20    beverage tax clearance] fund in an [the] amount appropriated by the
51-21    legislature that may not be greater than [of] 10.7143 percent of
51-22    receipts from permittees within the county during the quarter and
51-23    shall issue to each incorporated municipality described in
51-24    Subsection (a) a warrant drawn on that fund in an [the] amount
51-25    appropriated by the legislature that may not be greater than [of]
51-26    10.7143 percent of receipts from permittees within the incorporated
 52-1    municipality during the quarter.  [The remainder of the receipts
 52-2    for the quarter and all interest earned on that fund shall be
 52-3    transferred to the general revenue fund.]
 52-4          SECTION 62.  Subsection (b), Section 191.085, Tax Code, is
 52-5    amended to read as follows:
 52-6          (b)  The person shall keep the record open for four [two]
 52-7    years for inspection by the comptroller or the attorney general.
 52-8          SECTION 63.  Subsection (a), Section 203.051, Tax Code, is
 52-9    amended to read as follows:
52-10          (a)  A producer shall keep a complete record of all sulphur
52-11    he produces in this state.  A producer may destroy a record
52-12    required by this section four [three] years after the last entry in
52-13    the record.
52-14          SECTION 64.  Section 321.102, Tax Code, is amended by adding
52-15    Subsections (e), (f), and (g) to read as follows:
52-16          (e)  If as a result of the imposition or increase in a sales
52-17    and use tax by a municipality in which there is located all or part
52-18    of a local governmental entity that has adopted a sales and use tax
52-19    or as a result of the annexation by a municipality of all or part
52-20    of the territory in a local governmental entity that has adopted a
52-21    sales and use tax the overlapping local sales and use taxes in the
52-22    area will exceed two percent, the entity's sales and use tax is
52-23    automatically reduced in that area to a rate that when added to the
52-24    combined rate of local sales and use taxes will equal two percent.
52-25          (f)  If an entity's rate is reduced in accordance with
52-26    Subsection (e), the comptroller shall withhold from the
 53-1    municipality's monthly sales and use tax allocation an amount equal
 53-2    to the amount that would have been collected by the entity had the
 53-3    municipality not imposed or increased its sales and use tax or
 53-4    annexed the area in the entity less amounts that the entity
 53-5    collects following the municipality's levy of or increase in its
 53-6    sales and use tax or annexation of the area in the entity.  The
 53-7    comptroller shall withhold and pay the amount withheld to the
 53-8    entity under policies or procedures that the comptroller considers
 53-9    reasonable.
53-10          (g)  A transit authority is not a local governmental entity
53-11    for the purposes of Subsections (e) and (f).
53-12          SECTION 65.  Section 322.302, Tax Code, is amended to read as
53-13    follows:
53-14          Sec. 322.302.  DISTRIBUTION OF TRUST FUNDS.  At [(a) Except
53-15    as provided by Subsection (b) of this section, at] least quarterly
53-16    [twice] during each state fiscal year and as often as feasible, the
53-17    comptroller shall send to the person at each taxing entity who
53-18    performs the function of entity treasurer, payable to the taxing
53-19    entity, the entity's share of the taxes collected by the
53-20    comptroller under this chapter.
53-21          [(b)  The comptroller shall make payments required by
53-22    Subsection (a) of this section to entities created under Chapter
53-23    451 or 452, Transportation Code, quarterly each fiscal year as soon
53-24    as practicable after the end of each quarter.]
53-25          SECTION 66.  Subsection (c), Section 323.102, Tax Code, is
53-26    amended to read as follows:
 54-1          (c)  A tax imposed under Section 323.105 of this code or
 54-2    Chapter 326, Local Government Code, takes effect on the first day
 54-3    of the first calendar quarter after the expiration of the first
 54-4    complete calendar quarter occurring after the date on which the
 54-5    comptroller receives a notice of the action as required by Section
 54-6    323.405(b).
 54-7          SECTION 67.  Subsection (e), Section 323.105, Tax Code, is
 54-8    amended to read as follows:
 54-9          (e)  The comptroller shall remit to the county amounts
54-10    collected at the rate imposed under this section as part of the
54-11    regular allocation of county tax revenue collected by the
54-12    comptroller if the district is composed of the entire county.  The
54-13    comptroller [county] shall, if the district is composed of an area
54-14    less than the entire county, remit that amount to the district.
54-15    Retailers may not be required to use the allocation and reporting
54-16    procedures in the collection of taxes under this section different
54-17    from the procedures that retailers use in the collection of other
54-18    sales and use taxes under this chapter.  An item, transaction, or
54-19    service that is taxable in a county under a sales or use tax
54-20    authorized by another section of this chapter is taxable under this
54-21    section.  An item, transaction, or service that is not taxable in a
54-22    county under a sales or use tax authorized by another section of
54-23    this chapter is not taxable under this section.
54-24          SECTION 68.  Section 351.006, Tax Code, is amended to read as
54-25    follows:
54-26          Sec. 351.006.  EXEMPTION.  (a)  A United States governmental
 55-1    entity described in Section 156.103(a) is exempt from the payment
 55-2    of tax authorized by this chapter  [excepted from the tax imposed
 55-3    by Chapter 156 under Section 156.103(a)(1) or (a)(3) shall pay the
 55-4    tax imposed by this chapter but is entitled to a refund of the tax
 55-5    paid].
 55-6          (b)  A state governmental entity described in Section
 55-7    156.103(b) shall pay the tax imposed by this chapter but is
 55-8    entitled to a refund of the tax paid.
 55-9          (c)  A person who is described by Section 156.103(d) is
55-10    exempt from the payment of the tax authorized by this chapter.
55-11          (d) [(c)]  A person who is described by Section 156.103(c)
55-12    shall pay the tax imposed by this chapter but the state
55-13    governmental entity with whom the person is associated is entitled
55-14    to a refund of the tax paid.
55-15          (e) [(d)]  To receive a refund of tax paid under this
55-16    chapter, the governmental entity entitled to the refund must file a
55-17    refund claim on a form provided by the municipality and containing
55-18    the information required by the municipality.  The comptroller by
55-19    rule shall prescribe the form that must be used and the information
55-20    that must be provided.
55-21          (f) [(e)]  A governmental entity may file a refund claim with
55-22    the municipality under this chapter only for each calendar quarter
55-23    for all reimbursements accrued during that quarter.  The
55-24    municipality may adopt an ordinance to enforce this section.
55-25          SECTION 69.  Section 352.007, Tax Code, is amended to read as
55-26    follows:
 56-1          Sec. 352.007.  EXEMPTION.  (a)  A United States governmental
 56-2    entity described in Section 156.103(a) is exempt from the payment
 56-3    of tax authorized by this chapter [excepted from the tax imposed by
 56-4    Chapter 156 under Section 156.103(a)(1) or (a)(3) shall pay the tax
 56-5    imposed by this chapter but is entitled to a refund of the tax
 56-6    paid].
 56-7          (b)  A state governmental entity subject to the tax imposed
 56-8    by Chapter 156 under Section 156.103(b) shall pay the tax imposed
 56-9    by this chapter but is entitled to a refund of the tax paid.
56-10          (c)  A person who is described by Section 156.103(d) is
56-11    exempt from the payment of the tax authorized by this chapter.
56-12          (d) [(c)]  A person who is described by Section 156.103(c)
56-13    shall pay the tax imposed by this chapter but the state
56-14    governmental entity with whom the person is associated is entitled
56-15    to a refund of the tax paid.
56-16          (e) [(d)]  To receive a refund of a tax paid under this
56-17    chapter, the governmental entity entitled to the refund must file a
56-18    refund claim on a form provided by the county and containing the
56-19    information required by the county.  The comptroller by rule shall
56-20    prescribe the form that must be used and the information that must
56-21    be provided.
56-22          (f) [(e)]  A governmental entity may file a refund claim with
56-23    the county under this chapter only for each calendar quarter for
56-24    all reimbursements accrued during that quarter.  The county may
56-25    adopt a resolution to enforce this section.
56-26          SECTION 70.  Subsection (e), Section 4B, Development
 57-1    Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
 57-2    Statutes), as amended by Section 3, Chapter 1022, and Section 12,
 57-3    Chapter 1031, Acts of the 73rd Legislature, Regular Session, 1993,
 57-4    is reenacted to read as follows:
 57-5          (e)  The rate of a tax adopted under this section must be
 57-6    one-eighth, one-fourth, three-eighths, or one-half of one percent.
 57-7    The ballot proposition at the election held to adopt the tax must
 57-8    specify the rate of the tax to be adopted.  A corporation that
 57-9    holds an election to reduce a tax imposed under Section 4A of this
57-10    Act may in a separate proposition on the same ballot adopt a tax
57-11    under this section.  If an eligible city adopts the tax, a tax is
57-12    imposed on the receipts from the sale at retail of taxable items
57-13    within the eligible city at the rate approved at the election.
57-14    There is also imposed an excise tax on the use, storage, or other
57-15    consumption within the eligible city of tangible personal property
57-16    purchased, leased, or rented from a retailer during the period that
57-17    the tax is effective within the eligible city.  The rate of the
57-18    excise tax is the same as the rate of the sales tax portion of the
57-19    tax and is applied to the sale price of the tangible personal
57-20    property.
57-21          SECTION 71.  The following provisions of the Tax Code are
57-22    repealed:
57-23                (1)  Subsection (g), Section 151.318;
57-24                (2)  Subsection (p), Section 151.318; and
57-25                (3)  Subsection (d), Section 152.062.
57-26          SECTION 72.  A tax to which Section 66 of this Act applies
 58-1    that is not being collected on the effective date of this Act and
 58-2    that was adopted at an election held before January 1, 1999, takes
 58-3    effect on the first day of the first calendar quarter that begins
 58-4    after the effective date of this Act.
 58-5          SECTION 73.  Each change in law made to the following
 58-6    provisions by this Act is a clarification of existing law and does
 58-7    not imply that existing law may be construed as inconsistent with
 58-8    the law as amended by this Act:
 58-9                (1)  Section 102.075, Code of Criminal Procedure;
58-10                (2)  Section 9, Texas State College and University
58-11    Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
58-12    Texas Insurance Code);
58-13                (3)  Section 11, Texas Public School Employees Group
58-14    Insurance Act (Article 3.50-4, Insurance Code);
58-15                (4)  Section 326.029, Local Government Code;
58-16                (5)  Section 326.092, Local Government Code;
58-17                (6)  Section 151.318, Tax Code;
58-18                (7)  Section 151.3185, Tax Code;
58-19                (8)  Subsection (d), Section 151.350, Tax Code;
58-20                (9)  Section 152.002, Tax Code;
58-21                (10)  Section 152.041, Tax Code;
58-22                (11)  Section 153.117, Tax Code;
58-23                (12)  Section 153.119, Tax Code;
58-24                (13)  Section 153.206, Tax Code;
58-25                (14)  Section 153.219, Tax Code;
58-26                (15)  Section 171.063, Tax Code;
 59-1                (16)  the heading of Subchapter C, Chapter 171, Tax
 59-2    Code;
 59-3                (17)  the headings of Sections 171.1015, 171.1016, and
 59-4    171.107, Tax Code;
 59-5                (18)  Section 171.110, Tax Code;
 59-6                (19)  Section 191.085, Tax Code; and
 59-7                (20)  Section 203.051, Tax Code.
 59-8          SECTION 74.  The comptroller of public accounts may adopt
 59-9    rules and take other actions before October 1, 1999, as the
59-10    comptroller deems necessary or advisable to prepare for the taking
59-11    effect of this Act.
59-12          SECTION 75.  (a)  Except as provided by Subsections (b), (c),
59-13    and (d) of this section, this Act takes effect October 1, 1999.
59-14          (b)  Section 3 of this Act takes effect January 1, 2000, and
59-15    applies to reporting periods beginning on or after that date.
59-16          (c)  Sections 47 through 58 of this Act take effect January
59-17    1, 2000, and apply to a report originally due on or after that
59-18    date.
59-19          (d)  Sections 64, 66, 72, and 74 of this Act take effect on
59-20    the earliest date on which they may take effect under Section 39,
59-21    Article III, Texas Constitution.
59-22          SECTION 76.  The importance of this legislation and the
59-23    crowded condition of the calendars in both houses create an
59-24    emergency and an imperative public necessity that the
59-25    constitutional rule requiring bills to be read on three several
59-26    days in each house be suspended, and this rule is hereby suspended,
 60-1    and that this Act take effect and be in force according to its
 60-2    terms, and it is so enacted.
 60-3                         COMMITTEE AMENDMENT NO. 1
 60-4          Amend S.B. No. 1488 as follows:
 60-5          In an appropriate place, add the following two new SECTIONS,
 60-6    appropriately numbered, to read as follows:
 60-7          SECTION ____.  Subsection (b), Section 403.014, Government
 60-8    Code, is amended to read as follows:
 60-9          (b)  The report must include:
60-10                (1)  an analysis of each special provision that reduces
60-11    the amount of tax payable, to include an estimate of the loss of
60-12    revenue for a six-year period including the current fiscal biennium
60-13    and a citation of the statutory or legal authority for the
60-14    provision; and
60-15                (2)  for provisions reducing revenue by more than one
60-16    percent of total revenue for a tax covered by this section:
60-17                      (A)  [,] the effect of each provision on the
60-18    distribution of the tax burden by income class and industry or
60-19    business class, as appropriate; and
60-20                      (B)  the effect of each provision on total income
60-21    by income class.
60-22          SECTION ____.  Subsection (c), Section 403.0141, Government
60-23    Code, is amended to read as follows:
60-24          (c)  To the extent data is available, the incidence impact
60-25    analysis under Subsections (a) and (b):
60-26                (1)  shall evaluate the tax burden:
 61-1                      (A)  on the overall income distribution, using a
 61-2    systemwide incidence measure or other appropriate measures of
 61-3    equality and inequality; and
 61-4                      (B)  on income classes, including, at a minimum,
 61-5    quintiles of the income distribution, on renters and homeowners, on
 61-6    industry or business classes, as appropriate, and on various types
 61-7    of business organizations;
 61-8                (2)  may evaluate the tax burden:
 61-9                      (A)  by other appropriate taxpayer
61-10    characteristics, such as whether the taxpayer is a farmer, rancher,
61-11    retired elderly, or resident or nonresident of the state; and
61-12                      (B)  by distribution of impact on consumers,
61-13    labor, capital, and out-of-state persons and entities; [and]
61-14                (3)  shall evaluate the effect of each tax on total
61-15    income by income group; and
61-16                (4)  shall:
61-17                      (A)  use the broadest measure of economic income
61-18    for which reliable data is available; and
61-19                      (B)  include a statement of the incidence
61-20    assumptions that were used in making the analysis.
61-21                                                               Craddick
61-22                         COMMITTEE AMENDMENT NO. 2
61-23          Amend S.B. No. 1488 by inserting the following SECTION and
61-24    appropriately renumbering all subsequent SECTIONS:
61-25          SECTION ____.  Section 151.317, Tax Code, is amended to read
61-26    as follows:
 62-1          Sec. 151.317.  GAS AND ELECTRICITY.  (a)  Subject to
 62-2    Subsection (d), gas [Gas] and electricity are exempted from the
 62-3    taxes imposed by this chapter [except] when sold for:
 62-4                (1)  residential use;
 62-5                (2)  use in powering equipment exempt under Section
 62-6    151.318 by a person processing tangible personal property for sale
 62-7    as tangible personal property, other than preparation or storage of
 62-8    food for immediate consumption;
 62-9                (3)  use in lighting, cooling, and heating in the
62-10    manufacturing area during the actual manufacturing or processing of
62-11    tangible personal property for sale as tangible personal property,
62-12    other than preparation or storage of food for immediate
62-13    consumption;
62-14                (4)  use directly in exploring for, producing, or
62-15    transporting, a material extracted from the earth;
62-16                (5)  use in agriculture, including dairy or poultry
62-17    operations and pumping for farm or ranch irrigation;
62-18                (6)  use directly in electrical processes, such as
62-19    electroplating, electrolysis, and cathodic protection;
62-20                (7)  use directly in the off-wing processing, overhaul,
62-21    or repair of a jet turbine engine or its parts for a certificated
62-22    or licensed carrier of persons or property;
62-23                (8)  use directly in providing, under contracts with or
62-24    on behalf of the United States government or foreign governments,
62-25    defense or national security-related electronics, classified
62-26    intelligence data processing and handling systems, or
 63-1    defense-related platform modifications or upgrades; or
 63-2                (9)  a direct or indirect use, consumption, or loss of
 63-3    electricity by an electric utility engaged in the purchase of
 63-4    electricity for resale [commercial use].
 63-5          (b)  The sale, production, distribution, lease, or rental of,
 63-6    and the use, storage, or other consumption in this state of, gas
 63-7    and electricity sold for the uses listed in Subsection (a), [except
 63-8    when sold for residential or commercial use,] are exempted from the
 63-9    taxes imposed by a municipality [city] under Chapter 321 except
63-10    [the Local Sales and Use Tax Act, unless sales for residential use
63-11    are further exempted by the city] as provided by Section 321.105
63-12    [the Local Sales and Use Tax Act].
63-13          (c)  In this section, "residential [:]
63-14                [(1)  "Residential] use" means use:
63-15                (1) [(A)]  in a family dwelling or in a multifamily
63-16    apartment or housing complex or building or in a part of a building
63-17    occupied as a home or residence when the use is by the owner of the
63-18    dwelling, apartment, complex, or building or part of the building
63-19    occupied; or
63-20                (2) [(B)]  in a dwelling, apartment, house, or building
63-21    or part of a building occupied as a home or residence when the use
63-22    is by a tenant who occupies the dwelling, apartment, house, or
63-23    building or part of a building under a contract for an express
63-24    initial term for longer than 29 consecutive days.
63-25                [(2)  "Commercial use" means use by a person engaged in
63-26    selling, warehousing, or distributing a commodity or a professional
 64-1    or personal service, but does not include:]
 64-2                      [(A)  use by a person engaged in:]
 64-3                            [(i)  processing tangible personal property
 64-4    for sale as tangible personal property, other than preparation or
 64-5    storage of food for immediate consumption;]
 64-6                            [(ii)  exploring for, producing, or
 64-7    transporting, a material extracted from the earth;]
 64-8                            [(iii)  agriculture, including dairy or
 64-9    poultry operations and pumping for farm or ranch irrigation;]
64-10                            [(iv)  electrical processes such as
64-11    electroplating, electrolysis, and cathodic protection;]
64-12                            [(v)  the off-wing processing, overhaul, or
64-13    repair of a jet turbine engine or its parts for a certificated or
64-14    licensed carrier of persons or property; or]
64-15                            [(vi)  providing, under contracts with or
64-16    on behalf of the United States government or foreign governments,
64-17    defense or national security-related electronics, classified
64-18    intelligence data processing and handling systems, or
64-19    defense-related platform modifications or upgrades; or]
64-20                      [(B)  a direct or indirect use, consumption, or
64-21    loss of electricity by an electric utility engaged in the purchase
64-22    of electricity for resale.]
64-23          (d)  Gas and electricity qualifies for the exemptions in
64-24    Subsections (a)(2)-(8) only if it is sold to the person using the
64-25    gas and electricity in the exempt manner.
64-26    76R15464 DAK-F                                             Craddick
 65-1                         COMMITTEE AMENDMENT NO. 3
 65-2          Amend S.B. No. 1488 (Engrossed Version) as follows:
 65-3          (1)  On page 54, between lines 23 and 24, insert a new
 65-4    SECTION of the bill, appropriately numbered, to read as follows:
 65-5          SECTION ____.  Section 351.001, Tax Code, is amended by
 65-6    adding Subdivision (10) to read as follows:
 65-7                (10)  "Revenue" includes any interest derived from the
 65-8    revenue.
 65-9          (2)  On page 55, between lines 24 and 25, insert a new
65-10    SECTION of the bill, appropriately numbered, to read as follows:
65-11          SECTION ____.  Subchapter B, Chapter 351, Tax Code, is
65-12    amended by adding Section 351.107 to read as follows:
65-13          Sec. 351.107.  RECORDS.  A municipality shall maintain a
65-14    record that accurately identifies the receipt and expenditure of
65-15    all revenue derived from the tax imposed under this chapter.
65-16          (3)  On page 59, between lines 21 and 22, insert a new
65-17    SECTION of the bill, appropriately numbered, to read as follows:
65-18          SECTION ____.  Section 351.107, Tax Code, as added by this
65-19    Act, applies only to an expenditure made on or after the effective
65-20    date of this Act, without regard to whether the expenditure is from
65-21    revenue collected under Chapter 351, Tax Code, before, on, or after
65-22    that date.  An expenditure made before the effective date of this
65-23    Act is governed by the law applicable to the action immediately
65-24    before the effective date of this Act, and that law is continued in
65-25    effect for that purpose.
65-26                                                                 Ramsay