By:  Duncan                                           S.R. No. 1191
                                  SENATE RESOLUTION
 1-1           BE IT RESOLVED by the Senate of the State of Texas, 76th
 1-2     Legislature, Regular Session, 1999, That Senate Rule 12.03 be
 1-3     suspended in part, as provided by Senate Rule 12.08, to enable the
 1-4     conference committee appointed to resolve the differences on H.B.
 1-5     No. 3211, relating to state fiscal matters, to consider and take
 1-6     action on the following specific matters:
 1-7           (1)  Senate Rule 12.03(4) is suspended to permit the
 1-8     committee to add additional text not included in either the house
 1-9     or senate version of the bill, consisting of a new article of the
1-10     bill, to read as follows:
1-11           ARTICLE 2.  TECHNICAL CHANGES REGARDING TAXES AND FEES
1-12           SECTION 2.01.  Subsection (g), Article 102.075, Code of
1-13     Criminal Procedure, is amended to read as follows:
1-14           (g)  A municipality or county may retain 10 percent of the
1-15     money collected under this article as a service fee for the
1-16     collection if the municipality or county remits the funds to the
1-17     comptroller within the  period prescribed in Subsection (f).  The
1-18     municipality or county may retain any interest accrued on the money
1-19     if the custodian of the money deposited in the treasury keeps
1-20     records of the amount of money collected under this article that is
1-21     on deposit in the treasury and remits the funds to the comptroller
1-22     within the period prescribed in Subsection (f).
1-23           SECTION 2.02.  Section 403.014(b), Government Code, is
1-24     amended to read as follows:
 2-1           (b)  The report must include:
 2-2                 (1)  an analysis of each special provision that reduces
 2-3     the amount of tax payable, to include an estimate of the loss of
 2-4     revenue for a six-year period including the current fiscal biennium
 2-5     and a citation of the statutory or legal authority for the
 2-6     provision; and
 2-7                 (2)  for provisions reducing revenue by more than one
 2-8     percent of total revenue for a tax covered by this section:
 2-9                       (A)  [,] the effect of each provision on the
2-10     distribution of the tax burden by income class and industry or
2-11     business class, as appropriate; and
2-12                       (B)  the effect of each provision on total income
2-13     by income class.
2-14           SECTION 2.03.  Section 403.0141(c), Government Code, is
2-15     amended to read as follows:
2-16           (c)  To the extent data is available, the incidence impact
2-17     analysis under Subsections (a) and (b):
2-18                 (1)  shall evaluate the tax burden:
2-19                       (A)  on the overall income distribution, using a
2-20     systemwide incidence measure or other appropriate measures of
2-21     equality and inequality; and
2-22                       (B)  on income classes, including, at a minimum,
2-23     quintiles of the income distribution, on renters and homeowners, on
2-24     industry or business classes, as appropriate, and on various types
2-25     of business organizations;
2-26                 (2)  may evaluate the tax burden:
 3-1                       (A)  by other appropriate taxpayer
 3-2     characteristics, such as whether the taxpayer is a farmer, rancher,
 3-3     retired elderly, or resident or nonresident of the state; and
 3-4                       (B)  by distribution of impact on consumers,
 3-5     labor, capital, and out-of-state persons and entities; [and]
 3-6                 (3)  shall evaluate the effect of each tax on total
 3-7     income by income group; and
 3-8                 (4)  shall:
 3-9                       (A)  use the broadest measure of economic income
3-10     for which reliable data is available; and
3-11                       (B)  include a statement of the incidence
3-12     assumptions that were used in making the analysis.
3-13           SECTION 2.04.  Section 12(b), Article 1.14-1, Insurance Code,
3-14     is amended to read as follows:
3-15           (b)  The report shall be filed and any tax due shall be paid
3-16     by the insured or by any other person designated by the insured.
3-17     The report and tax are due on or before May 15 [March 1] of the
3-18     calendar year after the calendar year in which the insurance was
3-19     procured, continued, or renewed or on another date prescribed by
3-20     the comptroller.
3-21           SECTION 2.05.  Sections 12(a) and (b), Article 1.14-2,
3-22     Insurance Code, are amended to read as follows:
3-23           (a)  The premiums charged for surplus lines insurance are
3-24     subject to a premium receipts tax of 4.85 percent of gross premiums
3-25     charged for such insurance.  The term premium includes all
3-26     premiums, membership fees, assessments, dues or any other
 4-1     consideration for insurance.  Such tax shall be in lieu of all
 4-2     other insurance taxes.  The surplus lines agent shall collect from
 4-3     the insured the amount of the tax at the time of delivery of the
 4-4     cover note, certificate of insurance, policy or other initial
 4-5     confirmation of insurance, in addition to the full amount of the
 4-6     gross premium charged by the insurer for the insurance.  No agent
 4-7     shall absorb such tax nor shall any agent, as an inducement for
 4-8     insurance or for any other reason, rebate all or any part of such
 4-9     tax or his commission.  The surplus lines agent shall file a report
4-10     and pay taxes to the comptroller on or before March 1 of each year
4-11     on forms prescribed by the comptroller.  The [the] amount of taxes
4-12     shall be based on gross premiums written or received for such
4-13     insurance placed through an eligible surplus lines insurer during
4-14     the calendar year ending on the preceding December 31.  A tax
4-15     prepayment shall be required any time accrued taxes due equal or
4-16     exceed $70,000.  The prepayment of the accrued taxes, with a form
4-17     prescribed by the comptroller, shall be due by the 15th day of the
4-18     month following the month in which accrued taxes total $70,000 [and
4-19     shall pay to the comptroller the tax as provided for by this
4-20     Article].  If a surplus lines policy covers risks or exposures only
4-21     partially in this state, the tax payable shall be computed on the
4-22     portions of the premium which are properly allocated to the risks
4-23     or exposures located in this state.  In determining the amount of
4-24     premiums taxable in this state, all premiums written, procured, or
4-25     received in this state and all premiums on policies negotiated in
4-26     this state shall be deemed written on property or risks located or
 5-1     resident in this state, except such premiums as are properly
 5-2     allocated or apportioned and reported as premiums which may be
 5-3     subject to taxation by any other state or states.  Premiums that
 5-4     are properly allocated to any other state or states that are
 5-5     specifically exempt from taxation under the regulations of that
 5-6     state or states are not taxable in this state.  Premiums on risks
 5-7     or exposures which are properly allocated to federal waters,
 5-8     international waters or under the jurisdiction of a foreign
 5-9     government shall not be taxable by this state.  In event of
5-10     cancellation and rewriting of any surplus lines insurance contract
5-11     the additional premium for premium receipts tax purposes shall be
5-12     the premium in excess of the unearned premium of the canceled
5-13     insurance contract.
5-14           (b)  All surplus lines premium receipt taxes collected by a
5-15     surplus lines agent are trust funds in his hands [and the property
5-16     of this state.  Such funds shall be maintained by the surplus lines
5-17     agent in a separate account and shall not be mingled with any other
5-18     funds, either business or private].  Any surplus lines agent who
5-19     fails or refuses to pay over to the state the surplus lines premium
5-20     receipts tax at the time required by [in] this section, or who
5-21     fraudulently withholds or appropriates or otherwise uses such money
5-22     or any portions thereof belonging to the state is guilty of theft
5-23     and shall be punished as provided by law for the crime of theft,
5-24     irrespective of whether any such surplus lines agent has or claims
5-25     to have any interest in such money so received by him.
5-26           SECTION 2.06.  Section 9(b), Texas State College and
 6-1     University Employees Uniform Insurance Benefits Act (Article
 6-2     3.50-3, Vernon's Texas Insurance Code), is amended to read as
 6-3     follows:
 6-4           (b)  Premiums on policies, insurance contracts, or agreements
 6-5     with health maintenance organizations established under this Act
 6-6     are not subject to any state tax, regulatory fee, or surcharge,
 6-7     including premium or maintenance taxes or fees.
 6-8           SECTION 2.07.  Section 11(b), Texas Public School Employees
 6-9     Group Insurance Act (Article 3.50-4, Insurance Code), is amended to
6-10     read as follows:
6-11           (b)  A premium or contribution on a policy, insurance
6-12     contract, or agreement authorized as provided by this article is
6-13     not subject to any state tax, regulatory fee, or surcharge,
6-14     including premium or maintenance taxes or fees.
6-15           SECTION 2.08.  Section 326.029(a), Local Government Code, is
6-16     amended to read as follows:
6-17           (a)  If a majority of the votes received in the election
6-18     favor the creation of the district and the adoption of the sales
6-19     and use tax, the commissioners court shall by resolution or order
6-20     declare that the district is created and shall declare the amount
6-21     of the local sales and use tax adopted and enter the result in its
6-22     minutes.
6-23           SECTION 2.09.  Section 326.092(a), Local Government Code, is
6-24     amended to read as follows:
6-25           (a)  Chapter 323, Tax Code, to the extent not inconsistent
6-26     with this chapter, governs the imposition, computation,
 7-1     administration, and governance of the tax under this subchapter,
 7-2     except that Sections 323.101, 323.105, [and] 323.404, and 323.406
 7-3     through 323.408, Tax Code, do not apply.
 7-4           SECTION 2.10.  Section 101.003, Tax Code, is amended by
 7-5     adding Subdivision (13) to read as follows:
 7-6                 (13)  "Tax" means a tax, fee, assessment, charge, or
 7-7     other amount that the comptroller is authorized to administer.
 7-8           SECTION 2.11.  Section 111.0041(b), Tax Code, is amended to
 7-9     read as follows:
7-10           (b)  This section prevails over any other conflicting
7-11     provision of this title [except Section 191.024(b) of this code].
7-12           SECTION 2.12.  Section 111.023, Tax Code, is amended to read
7-13     as follows:
7-14           Sec. 111.023.  WRITTEN AUTHORIZATION.  (a)  The comptroller
7-15     may require that a report, return, declaration, claim for refund,
7-16     or other document that is required or permitted to be filed with
7-17     the comptroller and that is submitted by an attorney, accountant,
7-18     or other representative of a taxpayer [person] on behalf of the
7-19     taxpayer [person] be accompanied by express written authorization
7-20     of the taxpayer [person] in whose name or on whose behalf it is
7-21     purportedly submitted.
7-22           (b)  An officer, director, or employee of the taxpayer whose
7-23     duties include administering the taxpayer's rights and
7-24     responsibilities with the comptroller may sign the written
7-25     authorization.  The authorization must include the title and
7-26     telephone number of the officer, director, or employee who signs
 8-1     the authorization for verification by the comptroller.
 8-2           (c)  The comptroller may impose a requirement of Subsection
 8-3     (b) on a taxpayer's assignment of a claim for refund.
 8-4           SECTION 2.13.  Section 111.104(e), Tax Code, is amended to
 8-5     read as follows:
 8-6           (e)  This section applies to all taxes and license fees
 8-7     collected or administered by the comptroller, except the state
 8-8     property tax [and those taxes that qualify for refund allowed under
 8-9     Section 151.318(g) or (n)].
8-10           SECTION 2.14.  Section 111.107, Tax Code, is amended to read
8-11     as follows:
8-12           Sec. 111.107.  WHEN REFUND OR CREDIT IS PERMITTED.  Except as
8-13     otherwise expressly provided, a person may request a refund or a
8-14     credit or the comptroller may make a refund or issue a credit for
8-15     the overpayment of a tax imposed by this title at any time before
8-16     the expiration of the period during which the comptroller may
8-17     assess a deficiency for the tax and not thereafter unless the
8-18     refund or credit is requested:
8-19                 (1)  under Subchapter B of Chapter 112 and the refund
8-20     is made or the credit is issued under a court order;
8-21                 (2)  under the provision of Section 111.104(c)(3)
8-22     applicable to a refund claim filed after a jeopardy or deficiency
8-23     determination becomes final; or
8-24                 (3)  under Chapter 153, except Section 153.1195(e),
8-25     153.121(d), 153.2225(e), or 153.224(d)[; or]
8-26                 [(4)  under Section 151.318(g) or (n)].
 9-1           SECTION 2.15.  Sections 151.310(c) and (e), Tax Code, are
 9-2     amended to read as follows:
 9-3           (c)  An organization that qualifies for an exemption under
 9-4     Subsection (a)(1) or (a)(2) of this section, and each bona fide
 9-5     chapter of the organization, may hold two tax-free sales or
 9-6     auctions under this subsection during a calendar year and each
 9-7     tax-free sale or auction may continue for one day only.  The sale
 9-8     of a taxable item the sales price of which is $5,000 or less by a
 9-9     qualified organization or chapter of the organization at a tax-free
9-10     sale or auction is exempted from the sales tax imposed by
9-11     Subchapter C of this chapter, except that a taxable item
9-12     manufactured by or donated to the qualified organization or chapter
9-13     of the organization may be sold tax free regardless of the sales
9-14     price to any purchaser other than the donor.  The storage, use, or
9-15     consumption of a taxable item that is acquired from a qualified
9-16     organization or chapter of the organization at a tax-free sale or
9-17     auction and that is exempted under this subsection from the taxes
9-18     imposed by Subchapter C of this chapter is exempted from the use
9-19     tax imposed by Subchapter D of this chapter until the item is
9-20     resold or subsequently transferred.
9-21           (e)  A nonprofit hospital or hospital system that qualifies
9-22     for an exemption under Subsection (a)(2) shall provide community
9-23     benefits that include charity care and government-sponsored
9-24     indigent health care [community benefits] as set forth in
9-25     Subchapter D, Chapter 311, Health and Safety Code.  [Subdivision
9-26     (1), (2), (3), (4), (5), (6), (7), or (8) below:]
 10-1                [(1)  charity care and government-sponsored indigent
 10-2    health care are provided at a level which is reasonable in relation
 10-3    to the community needs, as determined through the community needs
 10-4    assessment, the available resources of the hospital or hospital
 10-5    system, and the tax-exempt benefits received by the hospital or
 10-6    hospital system;]
 10-7                [(2)  charity care and government-sponsored indigent
 10-8    health care are provided in an amount equal to at least four
 10-9    percent of the hospital's or hospital system's net patient revenue;]
10-10                [(3)  charity care and government-sponsored indigent
10-11    health care are provided in an amount equal to at least 100 percent
10-12    of the hospital's or hospital system's tax-exempt benefits,
10-13    excluding federal income tax;]
10-14                [(4)  for tax periods beginning before January 1, 1996,
10-15    charity care and community benefits are provided in a combined
10-16    amount equal to at least five percent of the hospital's or hospital
10-17    system's net patient revenue, provided that charity care and
10-18    government-sponsored indigent health care are provided in an amount
10-19    equal to at least three percent of net patient revenue;]
10-20                [(5)  for tax periods beginning after December 31,
10-21    1995, charity care and community benefits are provided in a
10-22    combined amount equal to at least five percent of the hospital's or
10-23    hospital system's net patient revenue, provided that charity care
10-24    and government-sponsored indigent health care are provided in an
10-25    amount equal to at least four percent of net patient revenue;]
10-26                [(6)  a nonprofit hospital that has been designated as
 11-1    a disproportionate share hospital under the state Medicaid program
 11-2    in the current year or in either of the previous two fiscal years
 11-3    is considered to have provided a reasonable amount of charity care
 11-4    and government-sponsored indigent health care and is considered in
 11-5    compliance with the standards provided by this subsection;]
 11-6                [(7)  a hospital operated on a nonprofit basis that is
 11-7    located in a county with a population of less than 50,000 and in
 11-8    which the entire county or the population of the entire county has
 11-9    been designated as a health professionals shortage area is
11-10    considered to be in compliance with the standards provided by this
11-11    subsection; or]
11-12                [(8)  a hospital providing health care services to
11-13    inpatients or outpatients without receiving any payment for
11-14    providing those services from any source, including the patient or
11-15    person legally obligated to support the patient, third-party
11-16    payors, Medicare, Medicaid, or any other state or local indigent
11-17    care program but excluding charitable donations, legacies,
11-18    bequests, or grants or payments for research, is considered to be
11-19    in compliance with the standards provided by this subsection.]
11-20          [For purposes of satisfying Subdivision (5), a hospital or
11-21    hospital system may not change its existing fiscal year unless the
11-22    hospital or hospital system changes its ownership or corporate
11-23    structure as a result of a sale or merger.]
11-24          [For purposes of this subsection, a hospital that satisfies
11-25    Subdivision (1), (6), (7), or (8) shall be excluded in determining
11-26    a hospital system's compliance with the standards provided by
 12-1    Subdivision (2), (3), (4), or (5).]
 12-2          [For purposes of this subsection, the terms "charity care,"
 12-3    "government-sponsored indigent health care," "health care
 12-4    organization," "hospital system," "net patient revenue," "nonprofit
 12-5    hospital," and "tax-exempt benefits" have the meanings set forth in
 12-6    Sections 311.031 and 311.042, Health and Safety Code.  A
 12-7    determination of the amount of community benefits and charity care
 12-8    and government-sponsored indigent health care provided by a
 12-9    hospital or hospital system and the hospital's or hospital system's
12-10    compliance with the requirements of this subsection and Section
12-11    311.045, Health and Safety Code, shall be based on the most
12-12    recently completed and audited prior fiscal year of the hospital or
12-13    hospital system.]
12-14          [The providing of charity care and government-sponsored
12-15    indigent health care in accordance with Subdivision (1) shall be
12-16    guided by the prudent business judgment of the hospital which will
12-17    ultimately determine the appropriate level of charity care and
12-18    government-sponsored indigent health care based on the community
12-19    needs, the available resources of the hospital, the tax-exempt
12-20    benefits received by the hospital, and other factors that may be
12-21    unique to the hospital, such as the hospital's volume of Medicare
12-22    and Medicaid patients.  These criteria shall not be determinative
12-23    factors, but shall be guidelines contributing to the hospital's
12-24    decision along with other factors which may be unique to the
12-25    hospital.  The formulas contained in Subdivisions (2), (3), (4),
12-26    and (5) shall also not be considered determinative of a reasonable
 13-1    amount of charity care and government-sponsored indigent health
 13-2    care.]
 13-3          [The requirements of this subsection shall not apply to the
 13-4    extent a hospital or hospital system demonstrates that reductions
 13-5    in the amount of community benefits, charity care, and
 13-6    government-sponsored indigent health care are necessary to maintain
 13-7    financial reserves at a level required by a bond covenant, are
 13-8    necessary to prevent the hospital or hospital system from
 13-9    endangering its ability to continue operations, or if the hospital
13-10    or hospital system, as a result of a natural or other disaster, is
13-11    required substantially to curtail its operations.]
13-12          [In any fiscal year that a hospital or hospital system,
13-13    through unintended miscalculation, fails to meet any of the
13-14    standards in this subsection, the hospital or hospital system shall
13-15    not lose its tax-exempt status without the opportunity to cure the
13-16    miscalculation in the fiscal year following the fiscal year the
13-17    failure is discovered by both meeting one of the standards and
13-18    providing an additional amount of charity care and
13-19    government-sponsored indigent health care that is equal to the
13-20    shortfall from the previous fiscal year.  A hospital or hospital
13-21    system may apply this provision only once every five years.]
13-22          SECTION 2.16.  Section 151.3101, Tax Code, is amended by
13-23    adding Subsection (c) to read as follows:
13-24          (c)  In this section, "educational organization" includes an
13-25    entity described by Section 61.003(8) or (15), Education Code.
13-26          SECTION 2.17.  Section 151.312, Tax Code, is amended to read
 14-1    as follows:
 14-2          Sec. 151.312.  PERIODICALS AND WRITINGS OF RELIGIOUS,
 14-3    PHILANTHROPIC, CHARITABLE, HISTORICAL, SCIENTIFIC, AND SIMILAR
 14-4    ORGANIZATIONS.  Periodicals and writings, including those presented
 14-5    on audio tape, videotape, and computer disk, that are published and
 14-6    [or] distributed by a religious, philanthropic, charitable,
 14-7    historical, scientific, or other similar organization that is not
 14-8    operated for profit, but excluding an educational organization, are
 14-9    exempted from the taxes imposed by this chapter.
14-10          SECTION 2.18.  Section 151.317, Tax Code, is amended to read
14-11    as follows:
14-12          Sec. 151.317.  GAS AND ELECTRICITY.  (a)  Subject to
14-13    Subsection (d), gas [Gas] and electricity are exempted from the
14-14    taxes imposed by this chapter [except] when sold for:
14-15                (1)  residential use;
14-16                (2)  use in powering equipment exempt under Section
14-17    151.318 by a person processing tangible personal property for sale
14-18    as tangible personal property, other than preparation or storage of
14-19    food for immediate consumption;
14-20                (3)  use in lighting, cooling, and heating in the
14-21    manufacturing area during the actual manufacturing or processing of
14-22    tangible personal property for sale as tangible personal property,
14-23    other than preparation or storage of food for immediate
14-24    consumption;
14-25                (4)  use directly in exploring for, producing, or
14-26    transporting, a material extracted from the earth;
 15-1                (5)  use in agriculture, including dairy or poultry
 15-2    operations and pumping for farm or ranch irrigation;
 15-3                (6)  use directly in electrical processes, such as
 15-4    electroplating, electrolysis, and cathodic protection;
 15-5                (7)  use directly in the off-wing processing, overhaul,
 15-6    or repair of a jet turbine engine or its parts for a certificated
 15-7    or licensed carrier of persons or property;
 15-8                (8)  use directly in providing, under contracts with or
 15-9    on behalf of the United States government or foreign governments,
15-10    defense or national security-related electronics, classified
15-11    intelligence data processing and handling systems, or
15-12    defense-related platform modifications or upgrades; or
15-13                (9)  a direct or indirect use, consumption, or loss of
15-14    electricity by an electric utility engaged in the purchase of
15-15    electricity for resale [commercial use].
15-16          (b)  The sale, production, distribution, lease, or rental of,
15-17    and the use, storage, or other consumption in this state of, gas
15-18    and electricity sold for the uses listed in Subsection (a), [except
15-19    when sold for residential or commercial use,] are exempted from the
15-20    taxes imposed by a municipality [city] under Chapter 321 except
15-21    [the Local Sales and Use Tax Act, unless sales for residential use
15-22    are further exempted by the city] as provided by Section 321.105
15-23    [the Local Sales and Use Tax Act].
15-24          (c)  In this section, "residential [:]
15-25                [(1)  "Residential] use" means use:
15-26                (1) [(A)]  in a family dwelling or in a multifamily
 16-1    apartment or housing complex or building or in a part of a building
 16-2    occupied as a home or residence when the use is by the owner of the
 16-3    dwelling, apartment, complex, or building or part of the building
 16-4    occupied; or
 16-5                (2) [(B)]  in a dwelling, apartment, house, or building
 16-6    or part of a building occupied as a home or residence when the use
 16-7    is by a tenant who occupies the dwelling, apartment, house, or
 16-8    building or part of a building under a contract for an express
 16-9    initial term for longer than 29 consecutive days.
16-10          (d)  To qualify for the exemptions in Subsections (a)(2)-(8),
16-11    the gas or electricity must be sold to the person using the gas or
16-12    electricity in the exempt manner.  For purposes of this subsection,
16-13    the use of gas or electricity in an exempt manner by an independent
16-14    contractor engaged by the purchaser of the gas or electricity to
16-15    perform one or more of the exempt activities identified in
16-16    Subsections (a)(2)-(8) is considered use by the purchaser of the
16-17    gas or electricity.
16-18          (e)  Natural gas or electricity used during a regular monthly
16-19    billing period for both exempt and taxable purposes under a single
16-20    meter is totally exempt or taxable based on the predominant use of
16-21    the natural gas or electricity measured by that meter.  The
16-22    comptroller may prescribe by rule the procedures by which a
16-23    purchaser must establish the predominant use of the natural gas or
16-24    electricity.
16-25                [(2)  "Commercial use" means use by a person engaged in
16-26    selling, warehousing, or distributing a commodity or a professional
 17-1    or personal service, but does not include:]
 17-2                      [(A)  use by a person engaged in:]
 17-3                            [(i)  processing tangible personal property
 17-4    for sale as tangible personal property, other than preparation or
 17-5    storage of food for immediate consumption;]
 17-6                            [(ii)  exploring for, producing, or
 17-7    transporting, a material extracted from the earth;]
 17-8                            [(iii)  agriculture, including dairy or
 17-9    poultry operations and pumping for farm or ranch irrigation;]
17-10                            [(iv)  electrical processes such as
17-11    electroplating, electrolysis, and cathodic protection;]
17-12                            [(v)  the off-wing processing, overhaul, or
17-13    repair of a jet turbine engine or its parts for a certificated or
17-14    licensed carrier of persons or property; or]
17-15                            [(vi)  providing, under contracts with or
17-16    on behalf of the United States government or foreign governments,
17-17    defense or national security-related electronics, classified
17-18    intelligence data processing and handling systems, or
17-19    defense-related platform modifications or upgrades; or]
17-20                      [(B)  a direct or indirect use, consumption, or
17-21    loss of electricity by an electric utility engaged in the purchase
17-22    of electricity for resale.]
17-23          SECTION 2.19.  Section 151.318, Tax Code, is amended by
17-24    amending Subsections (a), (c), (o), (q), and (s), and adding
17-25    Subsections (f) and (t) to read as follows:
17-26          (a)  The following items are exempted from the taxes imposed
 18-1    by this chapter if sold, leased, or rented to, or stored, used, or
 18-2    consumed by a manufacturer:
 18-3                (1)  tangible personal property that will become an
 18-4    ingredient or component part of tangible personal property
 18-5    manufactured, processed, or fabricated for ultimate sale;
 18-6                (2)  tangible personal property directly used or
 18-7    consumed in or during the actual manufacturing, processing, or
 18-8    fabrication of tangible personal property for ultimate sale if the
 18-9    use or consumption of the property is necessary or essential to the
18-10    manufacturing, processing, or fabrication operation and directly
18-11    makes or causes a chemical or physical change to:
18-12                      (A)  the product being manufactured, processed,
18-13    or fabricated for ultimate sale; or
18-14                      (B)  any intermediate or preliminary product that
18-15    will become an ingredient or component part of the product being
18-16    manufactured, processed, or fabricated for ultimate sale;
18-17                (3)  services performed directly on the product being
18-18    manufactured prior to its distribution for sale and for the purpose
18-19    of making the product more marketable;
18-20                (4)  actuators, steam production equipment and its
18-21    fuel, in-process flow through tanks, cooling towers, generators,
18-22    heat exchangers, transformers and the switches, breakers, capacitor
18-23    banks, regulators, relays, reclosers, fuses, interruptors,
18-24    reactors, arrestors, resistors, insulators, instrument
18-25    transformers, and telemetry units that are related to the
18-26    transformers, electronic control room equipment, computerized
 19-1    control units, pumps, compressors, and hydraulic units, that are
 19-2    used to power, supply, support, or control equipment that qualifies
 19-3    for exemption under Subdivision (2) or (5) or to generate
 19-4    electricity, chilled water, or steam for ultimate sale;
 19-5    transformers located at an electric generating facility that
 19-6    increase the voltage of electricity generated for ultimate sale,
 19-7    the electrical cable that carries the electricity from the electric
 19-8    generating equipment to the step-up transformers, and the switches,
 19-9    breakers, capacitor banks, regulators, relays, reclosers, fuses,
19-10    interruptors, reactors, arrestors, resistors, insulators,
19-11    instrument transformers, and telemetry units that are related to
19-12    the step-up transformers; and transformers that decrease the
19-13    voltage of electricity generated for ultimate sale and the
19-14    switches, breakers, capacitor banks, regulators, relays, reclosers,
19-15    fuses, interruptors, reactors, arrestors, resistors, insulators,
19-16    instrument transformers, and telemetry units that are related to
19-17    the step-down transformers; [and]
19-18                (5)  tangible personal property [machinery, equipment,
19-19    and replacement parts or accessories] used or consumed in the
19-20    actual manufacturing, processing, or fabrication of tangible
19-21    personal property for ultimate sale if the [their] use or
19-22    consumption of the property is necessary and essential to a
19-23    pollution control process;
19-24                (6)  lubricants, chemicals, chemical compounds, gases,
19-25    or liquids that are used or consumed during the actual
19-26    manufacturing, processing, or fabrication of tangible personal
 20-1    property for ultimate sale if their use or consumption is necessary
 20-2    and essential to prevent the decline, failure, lapse, or
 20-3    deterioration of equipment exempted by this section;
 20-4                (7)  gases used on the premises of a manufacturing
 20-5    plant to prevent contamination of raw material or product, or to
 20-6    prevent a fire, explosion, or other hazardous or environmentally
 20-7    damaging situation at any stage in the manufacturing process or in
 20-8    loading or storage of the product or raw material on premises;
 20-9                (8)  tangible personal property used or consumed during
20-10    the actual manufacturing, processing, or fabrication of tangible
20-11    personal property for ultimate sale if the use or consumption of
20-12    the property is necessary and essential to a quality control
20-13    process;
20-14                (9)  safety apparel or work clothing that is used
20-15    during the actual manufacturing, processing, or fabrication of
20-16    tangible personal property for ultimate sale if:
20-17                      (A)  the manufacturing process would not be
20-18    possible without the use of the apparel or clothing; and
20-19                      (B)  the apparel or clothing is not resold to the
20-20    employee;
20-21                (10)  tangible personal property used or consumed in
20-22    the actual manufacturing, processing, or fabrication of tangible
20-23    personal property for ultimate sale if the use or consumption of
20-24    the property is necessary and essential to comply with federal,
20-25    state, or local laws or rules that establish requirements related
20-26    to public health; and
 21-1                (11)  tangible personal property specifically installed
 21-2    to:
 21-3                      (A)  reduce water use and wastewater flow volumes
 21-4    from the manufacturing, processing, fabrication, or repair
 21-5    operation;
 21-6                      (B)  reuse and recycle wastewater streams
 21-7    generated within the manufacturing, processing, fabrication, or
 21-8    repair operation; or
 21-9                      (C)  treat wastewater from another industrial or
21-10    municipal source for the purpose of replacing existing freshwater
21-11    sources in the manufacturing, processing, fabrication, or repair
21-12    operation.
21-13          (c)  The exemption does not include:
21-14                (1)  intraplant transportation equipment, including
21-15    intraplant transportation equipment used to move a product or raw
21-16    material in connection with the manufacturing process and
21-17    specifically including all piping and conveyor systems, provided
21-18    that the following remain eligible for the exemption:
21-19                      (A)  piping or conveyor systems that are [is] a
21-20    component part of a single item of manufacturing equipment or
21-21    pollution control equipment eligible for the exemption under
21-22    Subsection (a)(2), (a)(4), or (a)(5);
21-23                      (B)  piping through which the product or an
21-24    intermediate or preliminary product that will become an ingredient
21-25    or component part of the product is recycled or circulated in a
21-26    loop between the single item of manufacturing equipment and the
 22-1    ancillary equipment that supports only that single item of
 22-2    manufacturing equipment if the single item of manufacturing
 22-3    equipment and the ancillary equipment operate together to perform a
 22-4    specific step in the manufacturing process; and
 22-5                      (C)  piping through which the product or an
 22-6    intermediate or preliminary product that will become an ingredient
 22-7    or component part of the product is recycled back to another single
 22-8    item of manufacturing equipment and its ancillary equipment in the
 22-9    same manufacturing process [remains eligible for the exemption];
22-10                (2)  [maintenance or janitorial supplies or equipment
22-11    or other machinery, equipment, materials, or supplies that are used
22-12    incidentally in a manufacturing, processing, or fabrication
22-13    operation;]
22-14                [(3)]  hand tools;
22-15                (3)  maintenance supplies not otherwise exempted under
22-16    this section, maintenance equipment, janitorial supplies or
22-17    equipment, [(4)] office equipment or supplies, equipment or
22-18    supplies used in sales or distribution activities, research or
22-19    development of new products, or transportation activities[, or
22-20    other tangible personal property not used in an actual
22-21    manufacturing, processing, or fabrication operation]; [or]
22-22                (4) [(5)]  machinery and equipment or supplies to the
22-23    extent not otherwise exempted under this section used to maintain
22-24    or store tangible personal property; or
22-25                (5)  tangible personal property used in the
22-26    transmission or distribution of electricity, including
 23-1    transformers, cable, switches, breakers, capacitor banks,
 23-2    regulators, relays, reclosers, fuses, interruptors, reactors,
 23-3    arrestors, resistors, insulators, instrument transformers, and
 23-4    telemetry units not otherwise exempted under this section, and
 23-5    lines, conduit, towers, and poles.
 23-6          (f)  For purposes of Subsection (c)(1), piping through which
 23-7    material is transported forward from one single item of
 23-8    manufacturing equipment and its ancillary support equipment to
 23-9    another single item of manufacturing equipment and its ancillary
23-10    support equipment is not considered a component part of a single
23-11    item of manufacturing equipment and is not exempt.  An integrated
23-12    group of manufacturing and processing machines and ancillary
23-13    equipment that operate together to create or produce the product or
23-14    an intermediate or preliminary product that will become an
23-15    ingredient or component part of the product is not a single item of
23-16    manufacturing equipment.
23-17          (o)  The production of a publication for the dissemination of
23-18    news of a general character and of a general interest that is
23-19    printed on newsprint and distributed to the general public free of
23-20    charge at a daily, weekly, or other short interval is considered
23-21    "manufacturing" for purposes of [Subsections (d)-(m) of] this
23-22    section.
23-23          (q)  For purposes of Subsection (b), "semiconductor
23-24    fabrication cleanrooms and equipment" means all tangible personal
23-25    property, without regard to whether the property is affixed to or
23-26    incorporated into realty, used in connection with the
 24-1    manufacturing, processing, or fabrication in a cleanroom
 24-2    environment of a semiconductor product, without regard to whether
 24-3    the property is actually contained in the cleanroom environment.
 24-4    The term includes integrated systems, fixtures, and piping, all
 24-5    property necessary or adapted to reduce contamination or to control
 24-6    airflow, temperature, humidity, chemical purity, or other
 24-7    environmental conditions or manufacturing tolerances, and
 24-8    production equipment and machinery.  The term does not include the
 24-9    building or a permanent, nonremovable component of the building,
24-10    that houses the cleanroom environment.  The term includes moveable
24-11    cleanroom partitions and cleanroom lighting.  "Semiconductor
24-12    fabrication cleanrooms and equipment" are not "intraplant
24-13    ["interplant] transportation equipment" [or "used incidentally in a
24-14    manufacturing, processing, or fabrication operation"] as that term
24-15    is [those terms are] used in Subsection [Subsections] (c)(1) [and
24-16    (c)(2)].
24-17          (s)  The following do not apply to the semiconductor
24-18    fabrication cleanrooms and equipment in Subsection (q):
24-19                (1)  limitations in Subsection (a)(2) that refer to
24-20    tangible personal property directly causing chemical and physical
24-21    changes to the product being manufactured, processed, or fabricated
24-22    for ultimate sale;
24-23                (2)  Subsection (c)(1); and
24-24                (3)  Subsection (c)(4)[(5)].
24-25          (t)  In addition to the other items exempted under this
24-26    section, pre-press machinery, equipment, and supplies, including
 25-1    computers, cameras, film, film developing chemicals, veloxes,
 25-2    plate-making machinery, plate metal, litho negatives, color
 25-3    separation negatives, proofs of color negatives, production art
 25-4    work, and typesetting or composition proofs, that are necessary and
 25-5    essential to and used in connection with the printing process are
 25-6    exempted from the tax imposed by this chapter if they are purchased
 25-7    by a person engaged in:
 25-8                (1)  printing or imprinting tangible personal property
 25-9    for sale; or
25-10                (2)  producing a publication for the dissemination of
25-11    news of a general character and of a general interest that is
25-12    printed on newsprint and distributed to the general public free of
25-13    charge at a daily, weekly, or other short interval.
25-14          SECTION 2.20.  Subchapter H, Chapter 151, Tax Code, is
25-15    amended by adding Section 151.3185 to read as follows:
25-16          Sec. 151.3185.  PROPERTY USED IN THE PRODUCTION OF MOTION
25-17    PICTURES OR VIDEO OR AUDIO RECORDINGS AND BROADCASTS.  (a)  The
25-18    sale, lease, or rental or storage, use, or other consumption of the
25-19    following items are exempted from the taxes imposed by this
25-20    chapter:
25-21                (1)  tangible personal property that will become an
25-22    ingredient or component part of:
25-23                      (A)  a motion picture or video or audio
25-24    recording, a copy of which is sold or offered for ultimate sale,
25-25    licensed, distributed, broadcast, or otherwise exhibited; or
25-26                      (B)  a broadcast by a producer of cable programs
 26-1    or by a radio or television station licensed by the Federal
 26-2    Communications Commission;
 26-3                (2)  tangible personal property that is necessary or
 26-4    essential to and used or consumed in or during:
 26-5                      (A)  the production of a motion picture or video
 26-6    or audio recording, a copy of which is sold or offered for ultimate
 26-7    sale, licensed, distributed, broadcast, or otherwise exhibited; or
 26-8                      (B)  the production of a broadcast by or for a
 26-9    cable program producer or by or for a radio or television station
26-10    licensed by the Federal Communications Commission; and
26-11                (3)  except as provided by Subsection (c), services
26-12    that are necessary and essential to and used directly in a
26-13    production described by Subdivision (2)(A) or (B).
26-14          (b)  The exemption includes:
26-15                (1)  cameras, film, and film developing chemicals that
26-16    are necessary and essential to and used or consumed in a production
26-17    described by Subsection (a)(2)(A) or (B);
26-18                (2)  lights, props, sets, teleprompters, microphones,
26-19    digital equipment, special effects equipment and supplies, and
26-20    other equipment that is necessary and essential to and used or
26-21    consumed directly in a production described by Subsection (a)(2)(A)
26-22    or (B); and
26-23                (3)  audio or video routing switchers located in a
26-24    studio that are necessary and essential to and used or consumed
26-25    directly in a production described by Subsection (a)(2)(A) or (B).
26-26          (c)  The exemption does not include:
 27-1                (1)  office equipment or supplies;
 27-2                (2)  maintenance or janitorial equipment or supplies;
 27-3                (3)  machinery, equipment, or supplies used in sales,
 27-4    transmission, or transportation activities;
 27-5                (4)  machinery, equipment, or supplies used in
 27-6    distribution activities, unless otherwise exempted by this section;
 27-7                (5)  taxable items that are used incidentally in a
 27-8    production described by Subsection (a)(2)(A) or (B); or
 27-9                (6)  the following taxable items, regardless of whether
27-10    they are used incidentally in a production described by Subsection
27-11    (a)(2)(A) or (B):
27-12                      (A)  telecommunications equipment and services;
27-13                      (B)  transmission equipment;
27-14                      (C)  security services;
27-15                      (D)  motor vehicle parking services; and
27-16                      (E)  food ready for immediate consumption.
27-17          (d)  A production described by Subsection (a)(2)(A) or (B)
27-18    does not include a production for broadcast that is not intended to
27-19    be broadcast to either the general public or to cable television
27-20    service subscribers or paying customers.
27-21          SECTION 2.21.  Section 151.321(a), Tax Code, is amended to
27-22    read as follows:
27-23          (a)  A taxable item sold by a qualified student organization
27-24    and for which the sales price is $5,000 or less, is exempted from
27-25    the taxes imposed by Subchapter C, except that a taxable item
27-26    manufactured by or donated to the organization is exempt from the
 28-1    taxes imposed by Subchapter C regardless of sales price unless sold
 28-2    to the donor, if the student organization:
 28-3                (1)  sells the item at a sale that may last for one day
 28-4    only and the primary purpose of which is to raise funds for the
 28-5    organization; and
 28-6                (2)  holds not more than one sale described by
 28-7    Subdivision (1) each month for which an exemption is claimed for an
 28-8    item sold.
 28-9          SECTION 2.22.  Section 151.350(d), Tax Code, is amended to
28-10    read as follows:
28-11          (d)  In this section, "restore" means:
28-12                (1)  launder, [or] clean, repair, treat, or apply
28-13    protective chemicals to an item, to the extent the service is a
28-14    personal service as defined in Section 151.0045; and
28-15                (2)  repair, restore, or remodel, to the extent the
28-16    service is:
28-17                      (A)  a real property repair or remodeling service
28-18    as defined in Section 151.0047; or
28-19                      (B)  defined as a taxable service in Section
28-20    151.0101(a)(5) [151.0101(5)].
28-21          SECTION 2.23.  Subchapter H, Chapter 151, Tax Code, is
28-22    amended by adding Section 151.354 to read as follows:
28-23          Sec. 151.354.  SERVICES BY EMPLOYEES OF PROPERTY MANAGEMENT
28-24    COMPANIES.  (a)  There are exempted from the taxes imposed by this
28-25    chapter services performed by an employee of a property management
28-26    company if:
 29-1                (1)  the employee is permanently assigned to one rental
 29-2    property by the property management company;
 29-3                (2)  the property management company is reimbursed on a
 29-4    dollar-for-dollar basis for the services provided; and
 29-5                (3)  the employee remains assigned to that property
 29-6    while employed by successive owners or management companies.
 29-7          (b)  This exemption does not apply to services performed by
 29-8    an employee for properties other than the one to which the employee
 29-9    is permanently assigned.
29-10          (c)  For purposes of this section, a person is an employee of
29-11    a property management company if either the property management
29-12    company or an affiliate of the property management company employs
29-13    the person.
29-14          (d)  The property management company must:
29-15                (1)  be contractually obligated to the property owner
29-16    to exercise control over the activities of the employee providing
29-17    the service; and
29-18                (2)  manage and direct the employee's day-to-day
29-19    activities.
29-20          (e)  The property management company or the affiliate must
29-21    pay tax on the taxable items purchased and provided to employees
29-22    providing services on managed property.
29-23          (f)  In this section, "property management company" means a
29-24    person:
29-25                (1)  who, for consideration, operates and manages all
29-26    the activities at a property held by the owner for purposes of
 30-1    rental, including an office building, mall, or other retail or
 30-2    office complex, an apartment complex, a duplex, or a home; and
 30-3                (2)  whose responsibilities include securing tenants,
 30-4    hiring, and supervising employees for operation or upkeep of the
 30-5    property, receiving and applying revenues, and incurring and paying
 30-6    expenses derived from the operation of the property as directed by
 30-7    the owner.
 30-8          (g)  In this section, a corporation, limited liability
 30-9    company, partnership, trust, or estate is an affiliate of the
30-10    property management company if an 80 percent ownership interest in
30-11    the property management company or the corporation, limited
30-12    liability company, partnership, trust, or estate is held by the
30-13    other, or if a third person has an 80 percent ownership interest
30-14    either directly or indirectly in both the property management
30-15    company and the corporation, limited liability company,
30-16    partnership, trust, or estate.
30-17          SECTION 2.24.  Section 151.426, Tax Code, is amended by
30-18    amending Subsection (c) and adding Subsections (e), (f), (g), (h),
30-19    (i), and (j) to read as follows:
30-20          (c)  Subject to Subsection (e), a [A] retailer or any person
30-21    who extends credit to a purchaser under a retailer's private label
30-22    credit agreement, or an assignee or affiliate of either, is
30-23    entitled to credit or reimbursement for taxes paid on the portion
30-24    of:
30-25                (1)  an account determined to be worthless and actually
30-26    charged off for federal income tax purposes; or
 31-1                (2)  the remaining unpaid sales price of a taxable item
 31-2    when the item is repossessed under a conditional sales contract.
 31-3          (e)  A person is entitled to a credit or reimbursement
 31-4    provided by Subsection (c) only if:
 31-5                (1)  the retailer:
 31-6                      (A)  has a valid sales or use tax permit; and
 31-7                      (B)  remits the tax for which the credit or
 31-8    reimbursement is sought;
 31-9                (2)  all payments on an account are prorated between
31-10    taxable and nontaxable charges; and
31-11                (3)  the retailer or person claiming the credit or
31-12    reimbursement provides detailed records outlining:
31-13                      (A)  the amount the purchaser contracted to pay;
31-14                      (B)  taxable and nontaxable charges;
31-15                      (C)  the tax collected and remitted;
31-16                      (D)  the unpaid portion of the sales price
31-17    assigned; and
31-18                      (E)  the taxpayer number of the seller who
31-19    collected and remitted the tax.
31-20          (f)  A person whose volume and character of uncollectible
31-21    accounts warrants an alternative method of substantiating the
31-22    reimbursement or credit may:
31-23                (1)  maintain records other than the records specified
31-24    in Subsection (e) if:
31-25                      (A)  the records fairly and equitably apportion
31-26    taxable and nontaxable elements of a bad debt and compute the
 32-1    amount of sales tax imposed and remitted with respect to the
 32-2    taxable charges remaining unpaid on the debt; and
 32-3                      (B)  the comptroller approves the procedures
 32-4    used; or
 32-5                (2)  implement a system to report its future tax
 32-6    responsibilities based on a historical percentage calculated from a
 32-7    sample of transactions if:
 32-8                      (A)  the system utilizes records provided by the
 32-9    person claiming the credit or reimbursement; and
32-10                      (B)  the comptroller approves the procedures
32-11    used.
32-12          (g)  The comptroller may revoke the authorization to report
32-13    under Subsection (f)(2) if the comptroller determines that the
32-14    percentage being used is no longer representative because of:
32-15                (1)  a change in law, including a change in the
32-16    interpretation of an existing law or rule; or
32-17                (2)  a change in the taxpayer's business operations.
32-18          (h)  A person claiming a credit or reimbursement under this
32-19    section shall remit tax on any payments received on an account that
32-20    has been written off and claimed as a bad debt.
32-21          (i)  A person who is not a retailer may claim a credit or
32-22    reimbursement authorized by Subsection (c) only for taxes imposed
32-23    by Section 151.051 or 151.101.
32-24          (j)  For purposes of this section, "affiliate" means any
32-25    entity or entities that would be classified as a member of an
32-26    affiliated group under 26 U.S.C. Section 1504.
 33-1          SECTION 2.25.  Sections 151.429(d) and (g), Tax Code, are
 33-2    amended to read as follows:
 33-3          (d)  To receive a refund under this section, an enterprise
 33-4    project must apply to the comptroller for the refund.  The Texas
 33-5    Department of Economic Development [department of commerce] shall
 33-6    provide the comptroller with the assistance that the comptroller
 33-7    requires in administering this section.
 33-8          (g)  The refund provided by this section is conditioned on
 33-9    the enterprise project maintaining at least the same level of
33-10    employment of qualified employees as existed at the time it
33-11    qualified for a refund for a period of three years from that date.
33-12    The Texas Department of Economic Development [Commerce] shall
33-13    annually certify to the comptroller and the Legislative Budget
33-14    Board whether that level of employment of qualified employees has
33-15    been maintained.  On the Texas Department of Economic Development
33-16    [Commerce] certifying that such a level has not been maintained,
33-17    the comptroller shall assess that portion of the refund
33-18    attributable to any such decrease in employment, including penalty
33-19    and interest from the date of the refund.
33-20          SECTION 2.26.  Section 151.429(e)(1), Tax Code, is amended to
33-21    read as follows:
33-22                (1)  "Enterprise project" means a person designated by
33-23    the Texas Department of Economic Development [Commerce] as an
33-24    enterprise project under Chapter 2303, Government Code.
33-25          SECTION 2.27.  Sections 151.4291(d) and (g), Tax Code, are
33-26    amended to read as follows:
 34-1          (d)  To receive a refund under this section, a defense
 34-2    readjustment project must apply to the comptroller for the refund.
 34-3    The Texas Department of Economic Development [Commerce] shall
 34-4    provide the  comptroller with the assistance that the comptroller
 34-5    requires in administering this section.
 34-6          (g)  The refund provided by this section is conditioned on
 34-7    the defense readjustment project maintaining at least the same
 34-8    level of employment of qualified employees as existed at the time
 34-9    it qualified for a refund for a period of three years from that
34-10    date.  The Texas Department of Economic Development [Commerce]
34-11    shall annually certify to the comptroller and the Legislative
34-12    Budget Board whether that level of employment of qualified
34-13    employees has been maintained.  On the Texas Department of Economic
34-14    Development [Commerce] certifying that such a level has not been
34-15    maintained, the comptroller shall assess that portion of the refund
34-16    attributable to any such decrease in employment, including penalty
34-17    and interest from the date of the refund.
34-18          SECTION 2.28.  Section 151.4291(e)(1), Tax Code, is amended
34-19    to read as follows:
34-20                (1)  "Defense readjustment project" means a person
34-21    designated by the Texas Department of Economic Development
34-22    [Commerce] as a defense readjustment project under Chapter 2310,
34-23    Government Code.
34-24          SECTION 2.29.  Section 151.431(a), Tax Code, is amended to
34-25    read as follows:
34-26          (a)  A qualified business operating in the enterprise zone's
 35-1    jurisdiction for at least three consecutive years may apply for and
 35-2    be granted a onetime refund of sales and use tax paid by the
 35-3    qualified business after certification of the qualified business as
 35-4    provided by Subsection (b) of this section to a vendor or directly
 35-5    to the state for the purchase of equipment or machinery sold to the
 35-6    business for use in an enterprise zone if the governing body or
 35-7    bodies certify to the Texas Department of Economic Development
 35-8    [Commerce] that the business is retaining 10 or more jobs held by
 35-9    qualified employees during the year.  For the purposes of this
35-10    subsection "job" means an existing employment position of a
35-11    qualified business that has provided employment to a qualified
35-12    employee of at least 1,820 hours annually.
35-13          SECTION 2.30.  Section 152.002, Tax Code, is amended by
35-14    adding Subsection (d) to read as follows:
35-15          (d)  A person who holds a lessor license under the Texas
35-16    Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
35-17    Civil Statutes) or is specifically not required to obtain a lessor
35-18    license under Section 4.01(a) of that Act may deduct the fair
35-19    market value of a replaced motor vehicle that has been leased for
35-20    longer than 180 days and is titled to another person if:
35-21                (1)  either person:
35-22                      (A)  holds a beneficial ownership interest in the
35-23    other person of at least 80 percent; or
35-24                      (B)  acquires all of its vehicles exclusively
35-25    from franchised dealers whose franchisor shares common ownership
35-26    with the other person; and
 36-1                (2)  the replaced motor vehicle is offered for sale.
 36-2          SECTION 2.31.  Section 152.041, Tax Code, is amended by
 36-3    adding Subsection (e) to read as follows:
 36-4          (e)  If a motor vehicle title applicant has paid the tax to
 36-5    the seller who is required by this chapter to collect the tax and
 36-6    the seller has failed to remit the tax to the county tax
 36-7    assessor-collector, the tax assessor-collector may accept
 36-8    application for title to the motor vehicle without the payment of
 36-9    additional tax by the applicant.  Before title to the motor vehicle
36-10    may be issued under these circumstances, the motor vehicle title
36-11    applicant must present satisfactory documentation to the tax
36-12    assessor-collector that the tax was paid.  The county tax
36-13    assessor-collector shall notify the comptroller in writing of the
36-14    seller's failure to remit the tax.  The notice must:
36-15                (1)  be made before the 31st day after the date the
36-16    application for title is accepted;
36-17                (2)  contain the name and address of the seller; and
36-18                (3)  include any documentation of the payment of the
36-19    tax provided to the county tax assessor-collector by the motor
36-20    vehicle title applicant.
36-21          SECTION 2.32.  Sections 153.117(a), (b), (d), and (h), Tax
36-22    Code, are amended to read as follows:
36-23          (a)  A distributor shall keep a record showing the number of
36-24    gallons of:
36-25                (1)  all gasoline inventories on hand at the first of
36-26    each month;
 37-1                (2)  all gasoline refined, compounded, or blended;
 37-2                (3)  all gasoline purchased or received, showing the
 37-3    name of the seller and date of each purchase or receipt;
 37-4                (4)  all gasoline sold, distributed, or used, showing
 37-5    the name of the purchaser and the date of the sale or use; and
 37-6                (5)  all gasoline lost by fire, theft, or [other]
 37-7    accident.
 37-8          (b)  A dealer shall keep a record showing the number of
 37-9    gallons of:
37-10                (1)  gasoline inventories on hand at the first of each
37-11    month;
37-12                (2)  all gasoline purchased or received, showing the
37-13    name of the seller and the date of each purchase or receipt;
37-14                (3)  all gasoline sold or used, showing the date of the
37-15    sale or use; and
37-16                (4)  all gasoline lost by fire, theft, or [other]
37-17    accident.
37-18          (d)  An aviation fuel dealer shall keep a record showing the
37-19    number of gallons of:
37-20                (1)  all gasoline inventories on hand at the first of
37-21    each month;
37-22                (2)  all gasoline purchased or received, showing the
37-23    name of the seller and date of each purchase or receipt;
37-24                (3)  all gasoline sold or used in aircraft or aircraft
37-25    servicing equipment; and
37-26                (4)  all gasoline lost by fire, theft, or [other]
 38-1    accident.
 38-2          (h)  A gasoline jobber shall keep a record showing the number
 38-3    of gallons of:
 38-4                (1)  all gasoline inventories on hand at the first of
 38-5    each month;
 38-6                (2)  all gasoline purchased or received, showing the
 38-7    name of the seller and date of each purchase or receipt;
 38-8                (3)  all gasoline sold, distributed, or used, showing
 38-9    the name of the purchaser and the date of the sale or use; and
38-10                (4)  all gasoline lost by fire, theft, or [other]
38-11    accident.
38-12          SECTION 2.33.  Sections 153.119(a) and (e), Tax Code, are
38-13    amended to read as follows:
38-14          (a)  A person who exports, sells to the federal government,
38-15    to a public school district in this state, or to a commercial
38-16    transportation company for exclusive use in providing public school
38-17    transportation services to a school district under Section 34.008,
38-18    Education Code, without having added the amount of the tax imposed
38-19    by this chapter to his selling price, loses by fire, theft, or
38-20    [other] accident, or uses gasoline for the purpose of operating or
38-21    propelling a motorboat, tractor used for agricultural purposes, or
38-22    stationary engine, or for another purpose except in a vehicle
38-23    operated or intended to be operated on the public highways of this
38-24    state, and who has paid the tax imposed on gasoline by this chapter
38-25    either directly or indirectly is, when the person has complied with
38-26    the invoice and filing provisions of this section and the rules of
 39-1    the comptroller, entitled to reimbursement of the tax paid by him,
 39-2    less a filing fee and any amount allowed distributors[, wholesalers
 39-3    or jobbers, dealers, or others] under Section 153.105(e)
 39-4    [153.105(c)] of this code.  A public school district that has paid
 39-5    the tax imposed under this chapter on gasoline used by the district
 39-6    or a commercial transportation company that has paid the tax
 39-7    imposed under this chapter on gasoline used by the company
 39-8    exclusively to provide public school transportation services to a
 39-9    school district under Section 34.008, Education Code, is entitled
39-10    to reimbursement of the amount of the tax paid in the same manner
39-11    and subject to the same procedures as other exempted users.
39-12          (e)  A person who exports or loses by fire, theft, or [other]
39-13    accident 100 or more gallons of gasoline on which the tax has been
39-14    paid, or sells gasoline in any quantity to the United States
39-15    government for the exclusive use of that government on which the
39-16    tax has been paid, may file a claim for a refund of the net tax
39-17    paid to the state in the manner provided by this chapter or as the
39-18    comptroller may direct.
39-19          SECTION 2.34.  Section 153.121(a), Tax Code, is amended to
39-20    read as follows:
39-21          (a)  Except as provided by this section, a claim for a refund
39-22    must be filed with the comptroller within one year after the first
39-23    day of the calendar month following the purchase, use, delivery,
39-24    export, or loss by fire, theft, or [other] accident of gasoline,
39-25    whichever period expires latest.
39-26          SECTION 2.35.  Section 153.206, Tax Code, is amended by
 40-1    adding Subsection (j) to read as follows:
 40-2          (j)  In each subsequent sale of diesel fuel on which the tax
 40-3    has been collected, the amount of the tax shall be added to the
 40-4    selling price  so that the tax is paid ultimately by the person
 40-5    using or consuming the diesel fuel for the purpose of propelling a
 40-6    vehicle on the public highways of this state.
 40-7          SECTION 2.36.  Sections 153.219(a), (b), (c), (d), and (i),
 40-8    Tax Code, are amended to read as follows:
 40-9          (a)  A supplier shall keep a record showing the number of
40-10    gallons of:
40-11                (1)  all diesel fuel inventories on hand at the first
40-12    of each month;
40-13                (2)  all diesel fuel refined, compounded, or blended;
40-14                (3)  all diesel fuel purchased or received, showing the
40-15    name of the seller, and the date of each purchase or receipt;
40-16                (4)  all diesel fuel sold, distributed, or used showing
40-17    the name of the purchaser and the date of sale, distribution, or
40-18    use; and
40-19                (5)  all diesel fuel lost by fire, theft, or [other]
40-20    accident.
40-21          (b)  A dealer shall keep a record showing the number of
40-22    gallons of:
40-23                (1)  all diesel fuel inventories on hand at the first
40-24    of each month;
40-25                (2)  all diesel fuel purchased or received, showing the
40-26    name of the seller, the date of each purchase or receipt;
 41-1                (3)  all diesel fuel sold, distributed, or used; and
 41-2                (4)  all diesel fuel lost by fire, theft, or [other]
 41-3    accident.
 41-4          (c)  A bonded user or other user with nonhighway equipment
 41-5    uses who files a claim for a refund shall keep a record showing the
 41-6    number of gallons of:
 41-7                (1)  inventories of all diesel fuel on hand at the
 41-8    first of each month;
 41-9                (2)  all diesel fuel purchased or received, showing the
41-10    name of the seller and the date of each purchase;
41-11                (3)  all diesel fuel deliveries into the fuel supply
41-12    tanks of motor vehicles;
41-13                (4)  diesel fuel used for other purposes, showing the
41-14    purpose for which used; and
41-15                (5)  all diesel fuel lost by fire, theft, or [other]
41-16    accident.
41-17          (d)  An aviation fuel dealer shall keep a record showing the
41-18    number of gallons of:
41-19                (1)  all diesel fuel inventories on hand at the first
41-20    of each month;
41-21                (2)  all diesel fuel purchased or received, showing the
41-22    name of the seller and the date of each purchase or receipt;
41-23                (3)  all diesel fuel sold, distributed, or used in
41-24    aircraft or aircraft servicing equipment; and
41-25                (4)  diesel fuel lost by fire, theft, or [other]
41-26    accident.
 42-1          (i)  A diesel fuel jobber shall keep a record showing the
 42-2    number of gallons of:
 42-3                (1)  all diesel fuel inventories on hand at the first
 42-4    of each month;
 42-5                (2)  all diesel fuel purchased or received, showing the
 42-6    name of the seller and date of each purchase or receipt;
 42-7                (3)  all diesel fuel sold, distributed, or used,
 42-8    showing the name of the purchaser and the date of the sale or use;
 42-9    and
42-10                (4)  all diesel fuel lost by fire, theft, or [other]
42-11    accident.
42-12          SECTION 2.37.  Section 153.222(e), Tax Code, is amended to
42-13    read as follows:
42-14          (e)  A person who exports or loses by fire, theft, or [other]
42-15    accident 100 or more gallons of diesel fuel on which the tax has
42-16    been paid, or who sells diesel fuel in any quantity to the United
42-17    States for its exclusive use on which the tax has been paid, may
42-18    file a claim for a refund of the net tax paid to the state as the
42-19    comptroller may direct.
42-20          SECTION 2.38.  Section 153.224(a), Tax Code, is amended to
42-21    read as follows:
42-22          (a)  Except as provided by this section, a claim for a refund
42-23    must be filed with the comptroller within one year after the first
42-24    day of the calendar month following the purchase, use, delivery,
42-25    export, or loss by fire, theft, or [other] accident of diesel fuel,
42-26    whichever period expires latest.
 43-1          SECTION 2.39.  Sections 154.114(c) and (g), Tax Code, are
 43-2    amended to read as follows:
 43-3          (c)  The comptroller shall deliver [mail] the written notice
 43-4    by personal service or by [certified] mail[, return receipt
 43-5    requested,] to the permit holder's mailing address as it appears on
 43-6    the comptroller's records.  Service by mail is complete when the
 43-7    notice is deposited with [received, as evidenced by return receipt
 43-8    from] the U.S. Postal Service.
 43-9          (g)  If the comptroller suspends or revokes a permit, the
43-10    comptroller shall provide written notice of the suspension or
43-11    revocation, within a reasonable time, to each distributor and
43-12    wholesaler permit holder in the state.  A distributor or wholesaler
43-13    permit holder violates Section 154.1015(a) by selling or
43-14    distributing cigarettes to a person whose permit has been suspended
43-15    or revoked only after the distributor or wholesaler permit holder
43-16    receives written notice of the suspension or revocation from the
43-17    comptroller.
43-18          SECTION 2.40.  Section 154.210(a), Tax Code, is amended to
43-19    read as follows:
43-20          (a)  A distributor shall deliver to the comptroller, on or
43-21    before the last [15th] day of each month, a report for the
43-22    preceding month.
43-23          SECTION 2.41.  Section 154.308(b), Tax Code, is amended to
43-24    read as follows:
43-25          (b)  On making a deficiency determination, the comptroller
43-26    shall notify the person by [certified] mail or personal service[,
 44-1    return receipt requested].  Service by mail is complete when the
 44-2    notice is deposited with [received, as evidenced by return receipt
 44-3    from] the U.S. Postal Service.
 44-4          SECTION 2.42.  Sections 154.309(b) and (d), Tax Code, are
 44-5    amended to read as follows:
 44-6          (b)  A written request for redetermination must be filed at
 44-7    the office of the comptroller not later than the 30th [15th
 44-8    working] day after the date notice of deficiency is issued
 44-9    [received].  If a written request for redetermination is not filed
44-10    as required by this subsection, the determination is final.
44-11          (d)  The comptroller shall give notice of a redetermination
44-12    hearing by personal service or by [certified] mail[, return receipt
44-13    requested].  Service by mail is complete when the notice is
44-14    deposited with [received, as evidenced by return receipt from] the
44-15    U.S. Postal Service.
44-16          SECTION 2.43.  Section 155.059(c), Tax Code, is amended to
44-17    read as follows:
44-18          (c)  The comptroller shall deliver [mail] the written notice
44-19    by personal service or by [certified] mail[, return receipt
44-20    requested,] to the permit holder's mailing address as it appears in
44-21    the comptroller's records.  Service by mail is complete when the
44-22    notice is deposited with [received, as evidenced by the return
44-23    receipt from] the United States Postal Service.
44-24          SECTION 2.44.  Section 155.103(b), Tax Code, is amended to
44-25    read as follows:
44-26          (b)  A manufacturer who sells tobacco products to a permit
 45-1    holder in this state shall file with the comptroller, on or before
 45-2    the last [15th] day of each month, a report showing the information
 45-3    listed in Subsection (a) for the previous month.
 45-4          SECTION 2.45.  Section 155.111(a), Tax Code, is amended to
 45-5    read as follows:
 45-6          (a)  A distributor shall file with the comptroller on or
 45-7    before the last [30th] day of each month, a report for the
 45-8    preceding month.
 45-9          SECTION 2.46.  Section 155.185(b), Tax Code, is amended to
45-10    read as follows:
45-11          (b)  On making a deficiency determination, the comptroller
45-12    shall notify the person by personal service or by [certified]
45-13    mail[, return receipt requested].  Service by mail is complete when
45-14    the notice is deposited with [received, as evidenced by return
45-15    receipt from] the U.S. Postal Service.
45-16          SECTION 2.47.  Sections 155.186(b) and (d), Tax Code, are
45-17    amended to read as follows:
45-18          (b)  A written request for redetermination must be filed at
45-19    the office of the comptroller not later than the 30th [15th
45-20    working] day after the date notice of deficiency is issued
45-21    [received].  If a written request for redetermination is not filed
45-22    as required by this subsection, the determination is final.
45-23          (d)  The comptroller shall give notice of a redetermination
45-24    hearing by personal service or by [certified] mail[, return receipt
45-25    requested].  Service by mail is complete when the notice is
45-26    deposited with [received, as evidenced by return receipt from] the
 46-1    U.S. Postal Service.
 46-2          SECTION 2.48.  Section 156.102, Tax Code, is amended to read
 46-3    as follows:
 46-4          Sec. 156.102.  EXCEPTION--RELIGIOUS, CHARITABLE, OR
 46-5    EDUCATIONAL ORGANIZATION.  (a)  This chapter does not impose a tax
 46-6    on a corporation or association that is organized and operated
 46-7    exclusively for a religious, charitable, or educational purpose if
 46-8    no part of the net earnings of the corporation or association inure
 46-9    to the benefit of a private shareholder or individual.
46-10          (b)  For purposes of this section, an institution of higher
46-11    education is organized and operated exclusively for an educational
46-12    purpose only if the institution is defined as an institution of
46-13    higher education under any subdivision of Section 61.003, Education
46-14    Code.
46-15          SECTION 2.49.  Sections 156.103(a), (b), (c), and (d), Tax
46-16    Code, are amended to read as follows:
46-17          (a)  This [Subject to this section, this] chapter does not
46-18    impose a tax on:
46-19                (1)  the United States;
46-20                (2)  a governmental entity of the United States[, this
46-21    state, or an agency, institution, board, or commission of this
46-22    state other than an institution of higher education;]
46-23                [(2)  an officer or employee of a state governmental
46-24    entity described by Subdivision (1) when traveling on or otherwise
46-25    engaged in the course of official duties for the governmental
46-26    entity]; or
 47-1                (3)  an officer or employee of a governmental entity of
 47-2    the United States when traveling on or otherwise engaged in the
 47-3    course of official duties for the governmental entity [if the
 47-4    governmental entity directly pays to the hotel the price for the
 47-5    room].
 47-6          (b)  This state, or an agency, institution, board, or
 47-7    commission of this state other than an institution of higher
 47-8    education [A governmental entity otherwise excepted under this
 47-9    section] shall pay the tax imposed by this chapter and is entitled
47-10    to a refund of the amount of tax paid in accordance with Section
47-11    156.154.
47-12          (c)  A state officer or employee of a state governmental
47-13    entity described by Subsection (b) [(a)(2)] who is entitled to
47-14    reimbursement for the cost of lodging and for whom a special
47-15    provision or exception to the general rate of reimbursement under
47-16    the General Appropriations Act is not applicable shall pay the tax
47-17    imposed by [under] this chapter [as if it were imposed by this
47-18    chapter].  The state governmental entity with whom the person is
47-19    associated is entitled under Section 156.154 to a refund of the tax
47-20    paid.
47-21          (d)  A state officer or employee of a state governmental
47-22    entity described by Subsection (b) [(a)(2)] for whom a special
47-23    provision or exception to the general rate of reimbursement under
47-24    the General Appropriations Act applies and who is provided with
47-25    photo identification verifying the identity and exempt status of
47-26    the person is not required to pay the tax and is not entitled to a
 48-1    refund.  The photo identification of a state officer or employee
 48-2    described by this section may be modified for the purposes of this
 48-3    section.
 48-4          SECTION 2.50.  Section 171.063, Tax Code, is amended by
 48-5    amending Subsection (a) and adding Subsection (h) to read as
 48-6    follows:
 48-7          (a)  The following corporations are exempt from the franchise
 48-8    tax:
 48-9                (1)  a nonprofit corporation exempted from the federal
48-10    income tax under Section 501(c)(3), (4), (5), (6), (7), (8), (10),
48-11    or (19), Internal Revenue Code which in the case of a nonprofit
48-12    hospital means a hospital providing community benefits that include
48-13    charity care and government-sponsored indigent health care
48-14    [community benefits] as set forth in Subchapter D, Chapter 311,
48-15    Health and Safety Code; [Paragraph (A), (B), (C), (D), (E), (F), or
48-16    (G):]
48-17                      [(A)  charity care and government-sponsored
48-18    indigent health care are provided at a level which is reasonable in
48-19    relation to the community needs, as determined through the
48-20    community needs assessment, the available resources of the hospital
48-21    or hospital system, and the tax-exempt benefits received by the
48-22    hospital or hospital system;]
48-23                      [(B)  charity care and government-sponsored
48-24    indigent health care are provided in an amount equal to at least
48-25    four percent of the hospital's or hospital system's net patient
48-26    revenue;]
 49-1                      [(C)  charity care and government-sponsored
 49-2    indigent health care are provided in an amount equal to at least
 49-3    100 percent of the hospital's or hospital system's tax-exempt
 49-4    benefits, excluding federal income tax;]
 49-5                      [(D)  for tax periods beginning before January 1,
 49-6    1996, charity care and community benefits are provided in a
 49-7    combined amount equal to at least five percent of the hospital's
 49-8    net patient revenue, provided that charity care and
 49-9    government-sponsored indigent health care are provided in an amount
49-10    equal to at least three percent of net patient revenue;]
49-11                      [(E)  for tax periods beginning after December
49-12    31, 1995, charity care and community benefits are provided in a
49-13    combined amount equal to at least five percent of the hospital's or
49-14    hospital system's net patient revenue, provided that charity care
49-15    and government-sponsored indigent health care are provided in an
49-16    amount equal to at least four percent of net patient revenue;]
49-17                      [(F)  a nonprofit hospital that has been
49-18    designated as a disproportionate share hospital under the state
49-19    Medicaid program in the current year or in either of the previous
49-20    two fiscal years is considered to have provided a reasonable amount
49-21    of charity care and government-sponsored indigent health care and
49-22    is considered in compliance with the standards provided by this
49-23    subsection; or]
49-24                      [(G)  a hospital operated on a nonprofit basis
49-25    that is located in a county with a population of less than 50,000
49-26    and in which the entire county or the population of the entire
 50-1    county has been designated as a health professionals shortage area
 50-2    is considered in compliance with the standards provided by this
 50-3    subsection;]
 50-4                (2)  a corporation exempted under Section 501(c)(2) or
 50-5    (25), Internal Revenue Code, if the corporation or corporations for
 50-6    which it holds title to property is either exempt from or not
 50-7    subject to the franchise tax; and
 50-8                (3)  a corporation exempted from federal income tax
 50-9    under Section 501(c)(16), Internal Revenue Code[; and]
50-10                [(4)  a nonprofit corporation exempted from the federal
50-11    income tax under Section 501(c)(3), Internal Revenue Code, that
50-12    does not receive any payment for providing health care services to
50-13    inpatients or outpatients from any source including but not limited
50-14    to the patient or person legally obligated to support the patient,
50-15    third-party payors, Medicare, Medicaid, or any other state or local
50-16    indigent care program.  Payment for providing health care services
50-17    does not include charitable donations, legacies, bequests, or
50-18    grants or payments for research.]
50-19          [For purposes of satisfying Paragraph (E) of Subdivision (1),
50-20    a hospital or hospital system may not change its existing fiscal
50-21    year unless the hospital or hospital system changes its ownership
50-22    or corporate structure as a result of a sale or merger.]
50-23          [For purposes of this subsection, a hospital that satisfies
50-24    Paragraph (A), (F), or (G) of Subdivision (1) shall be excluded in
50-25    determining a hospital system's compliance with the standards
50-26    provided by Paragraph (B), (C), (D), or (E) of Subdivision (1).]
 51-1          [For purposes of this subsection, the terms "charity care,"
 51-2    "government-sponsored indigent health care," "health care
 51-3    organization," "hospital system," "net patient revenue," "nonprofit
 51-4    hospital," and "tax-exempt benefits" have the meanings set forth in
 51-5    Sections 311.031 and 311.042, Health and Safety Code.  A
 51-6    determination of the amount of community benefits and charity care
 51-7    and government-sponsored indigent health care provided by a
 51-8    hospital or hospital system and the hospital's or hospital system's
 51-9    compliance with the requirements of Section 311.045, Health and
51-10    Safety Code, shall be based on the most recently completed and
51-11    audited prior fiscal year of the hospital or hospital system.]
51-12          [A requirement that a nonprofit hospital provide charity care
51-13    and community benefits under this subsection may be satisfied by a
51-14    donation of money to the Texas Healthy Kids Corporation established
51-15    by Chapter 109, Health and Safety Code, provided that:]
51-16                [(1)  the money is donated to be used for a purpose
51-17    described by Section 109.033(c), Health and Safety Code; and]
51-18                [(2)  not more than 10 percent of the charity care
51-19    required under any provision of this subsection may be satisfied by
51-20    the donation.]
51-21          [The providing of charity care and government-sponsored
51-22    indigent health care in accordance with Paragraph (A) of
51-23    Subdivision (1) shall be guided by the prudent business judgment of
51-24    the hospital which will ultimately determine the appropriate level
51-25    of charity care and government-sponsored indigent health care based
51-26    on the community needs, the available resources of the hospital,
 52-1    the tax-exempt benefits received by the hospital, and other factors
 52-2    that may be unique to the hospital, such as the hospital's volume
 52-3    of Medicare and Medicaid patients.  These criteria shall not be
 52-4    determinative factors, but shall be guidelines contributing to the
 52-5    hospital's decision along with other factors which may be unique to
 52-6    the hospital.  The formulas contained in Paragraphs (B), (C), (D),
 52-7    and (E) of Subdivision (1) shall also not be considered
 52-8    determinative of a reasonable amount of charity care and
 52-9    government-sponsored indigent health care.]
52-10          [The requirements of this subsection shall not apply to the
52-11    extent a hospital or hospital system demonstrates that reductions
52-12    in the amount of community benefits, charity care, and
52-13    government-sponsored indigent health care are necessary to maintain
52-14    financial reserves at a level required by a bond  covenant, are
52-15    necessary to prevent the hospital or hospital system from
52-16    endangering its ability to continue operations, or if the hospital,
52-17    as a result of a natural or other disaster, is required
52-18    substantially to curtail its operations.]
52-19          [In any fiscal year that a hospital or hospital system,
52-20    through unintended miscalculation, fails to meet any of the
52-21    standards in Subdivision (1), the hospital or hospital system shall
52-22    not lose its tax-exempt status without the opportunity to cure the
52-23    miscalculation in the fiscal year following the fiscal year the
52-24    failure is discovered by both meeting one of the standards and
52-25    providing an additional amount of charity care and
52-26    government-sponsored indigent health care that is equal to the
 53-1    shortfall from the previous fiscal year.  A hospital or hospital
 53-2    system may apply this provision only once every five years].
 53-3          (h)  A requirement that a nonprofit hospital provide charity
 53-4    care and community benefits under Subsection (a)(1) may be
 53-5    satisfied by a donation of money to the Texas Healthy Kids
 53-6    Corporation established by Chapter 109, Health and Safety Code, if:
 53-7                (1)  the money is donated to be used for a purpose
 53-8    described by Section 109.033(c), Health and Safety Code; and
 53-9                (2)  not more than 10 percent of the charity care
53-10    required under any provision of Section 311.045, Health and Safety
53-11    Code, may be satisfied by the donation.
53-12          SECTION 2.51.  Sections 171.063(c) and (d), Tax Code, are
53-13    amended to read as follows:
53-14          (c)  A corporation's exemption under Subsection (b) of this
53-15    section is established by furnishing the comptroller with a copy of
53-16    the Internal Revenue Service's letter of exemption issued to the
53-17    corporation.  [The copy of the letter must be filed with the
53-18    comptroller within 15 months after the day that is the last day of
53-19    a calendar month and that is nearest to the date of the
53-20    corporation's charter or certificate of authority.]
53-21          (d)  If the Internal Revenue Service has not timely issued to
53-22    a corporation a letter of exemption, evidence establishing the
53-23    corporation's provisional exemption under this section is
53-24    sufficient if the corporation timely files with the comptroller
53-25    [within the 15-month period established by Subsection (c) of this
53-26    section] evidence that the corporation has applied in good faith
 54-1    for the federal tax exemption.  The evidence must be filed not
 54-2    later than the 15th month after the day that is the last day of a
 54-3    calendar month and that is nearest to the date of the corporation's
 54-4    charter or certificate of authority.
 54-5          SECTION 2.52.  The heading of Subchapter C, Chapter 171, Tax
 54-6    Code, is amended to read as follows:
 54-7              SUBCHAPTER C.  DETERMINATION OF TAXABLE CAPITAL
 54-8         AND TAXABLE EARNED SURPLUS; ALLOCATION AND APPORTIONMENT
 54-9          SECTION 2.53.  The heading of Section 171.1015, Tax Code, is
54-10    amended to read as follows:
54-11          Sec. 171.1015.  REDUCTION OF TAXABLE CAPITAL OR TAXABLE
54-12    EARNED SURPLUS FOR INVESTMENT IN AN ENTERPRISE ZONE.
54-13          SECTION 2.54.  Section 171.1015(f)(1), Tax Code, is amended
54-14    to read as follows:
54-15                (1)  "Enterprise project" means a person designated by
54-16    the Texas Department of Economic Development [Commerce] as an
54-17    enterprise project under Chapter 2303, Government Code.
54-18          SECTION 2.55.  Section 171.1015(g), Tax Code, is amended to
54-19    read as follows:
54-20          (g)  Only qualified businesses that have been certified as
54-21    eligible for a tax deduction under this section by the Texas
54-22    Department of Economic Development [Commerce] to the comptroller
54-23    and the Legislative Budget Board are entitled to the tax deduction.
54-24          SECTION 2.56.  The heading of Section 171.1016, Tax Code, is
54-25    amended to read as follows:
54-26          Sec. 171.1016.  REDUCTION OF TAXABLE CAPITAL OR TAXABLE
 55-1    EARNED SURPLUS FOR INVESTMENT IN A READJUSTMENT ZONE.
 55-2          SECTION 2.57.  Section 171.1016(f)(1), Tax Code, is amended
 55-3    to read as follows:
 55-4                (1)  "Defense readjustment project" means a person
 55-5    designated by the Texas Department of Economic Development
 55-6    [Commerce] as a defense readjustment project under Chapter 2310,
 55-7    Government Code.
 55-8          SECTION 2.58.  Section 171.1016(g), Tax Code, is amended to
 55-9    read as follows:
55-10          (g)  Only qualified businesses that have been certified as
55-11    eligible for a tax deduction under this section by the Texas
55-12    Department of Economic Development [Commerce] to the comptroller
55-13    and the Legislative Budget Board are entitled to the tax deduction.
55-14          SECTION 2.59.  The heading of Section 171.107, Tax Code, is
55-15    amended to read as follows:
55-16          Sec. 171.107.  DEDUCTION OF COST OF SOLAR ENERGY DEVICE FROM
55-17    TAXABLE CAPITAL OR TAXABLE EARNED SURPLUS APPORTIONED TO THIS
55-18    STATE.
55-19          SECTION 2.60.  Section 171.110, Tax Code, is amended by
55-20    adding Subsections (i) and (j) to read as follows:
55-21          (i)  For purposes of this section, any person designated as
55-22    an officer is presumed to be an officer if that person:
55-23                (1)  holds an office created by the board of directors
55-24    or under the corporate charter or bylaws; and
55-25                (2)  has legal authority to bind the corporation with
55-26    third parties by executing contracts or other legal documents.
 56-1          (j)  A corporation may rebut the presumption described in
 56-2    Subsection (i) that a person is an officer if it conclusively
 56-3    shows, through the person's job description or other documentation,
 56-4    that the person does not participate or have authority to
 56-5    participate in significant policy making aspects of the corporate
 56-6    operations.
 56-7          SECTION 2.61.  Section 171.501(a), Tax Code, is amended to
 56-8    read as follows:
 56-9          (a)  A corporation that has been certified a qualified
56-10    business as provided by Chapter 2303, Government Code may apply for
56-11    and be granted a refund of franchise tax paid with an initial or
56-12    annual report if the governing body or bodies certify to the Texas
56-13    Department of Economic Development [Commerce] that the business has
56-14    created 10 or more new jobs in its enterprise zone held by
56-15    qualified employees during the calendar year that contains the end
56-16    of the accounting period on which the report is based.  The Texas
56-17    Department of Economic Development [Commerce] shall certify
56-18    eligibility for any refund to the comptroller.
56-19          SECTION 2.62.  The heading of Subchapter C, Chapter 183, Tax
56-20    Code, is amended to read as follows:
56-21            SUBCHAPTER C.  MIXED BEVERAGE TAX CLEARANCE [FUND]
56-22          SECTION 2.63.  The heading of Section 183.051, Tax Code, is
56-23    amended to read as follows:
56-24          Sec. 183.051.  MIXED BEVERAGE TAX CLEARANCE [FUND].
56-25          SECTION 2.64.  Section 183.051(b), Tax Code, is amended to
56-26    read as follows:
 57-1          (b)  The comptroller shall issue to each county described in
 57-2    Subsection (a) a warrant drawn on the general revenue [mixed
 57-3    beverage tax clearance] fund in an [the] amount appropriated by the
 57-4    legislature that may not be greater than [of] 10.7143 percent of
 57-5    receipts from permittees within the county during the quarter and
 57-6    shall issue to each incorporated municipality described in
 57-7    Subsection (a) a warrant drawn on that fund in an [the] amount
 57-8    appropriated by the legislature that may not be greater than [of]
 57-9    10.7143 percent of receipts from permittees within the incorporated
57-10    municipality during the quarter.  [The remainder of the receipts
57-11    for the quarter and all interest earned on that fund shall be
57-12    transferred to the general revenue fund.]
57-13          SECTION 2.65.  Section 191.085(b), Tax Code, is amended to
57-14    read as follows:
57-15          (b)  The person shall keep the record open for four [two]
57-16    years for inspection by the comptroller or the attorney general.
57-17          SECTION 2.66.  Section 203.051(a), Tax Code, is amended to
57-18    read as follows:
57-19          (a)  A producer shall keep a complete record of all sulphur
57-20    he produces in this state.  A producer may destroy a record
57-21    required by this section four [three] years after the last entry in
57-22    the record.
57-23          SECTION 2.67.  Section 321.102, Tax Code, is amended by
57-24    adding Subsections (e), (f), and (g) to read as follows:
57-25          (e)  If as a result of the imposition or increase in a sales
57-26    and use tax by a municipality in which there is located all or part
 58-1    of a local governmental entity that has adopted a sales and use tax
 58-2    or as a result of the annexation by a municipality of all or part
 58-3    of the territory in a local governmental entity that has adopted a
 58-4    sales and use tax the overlapping local sales and use taxes in the
 58-5    area will exceed two percent, the entity's sales and use tax is
 58-6    automatically reduced in that area to a rate that when added to the
 58-7    combined rate of local sales and use taxes will equal two percent.
 58-8          (f)  If an entity's rate is reduced in accordance with
 58-9    Subsection (e), the comptroller shall withhold from the
58-10    municipality's monthly sales and use tax allocation an amount equal
58-11    to the amount that would have been collected by the entity had the
58-12    municipality not imposed or increased its sales and use tax or
58-13    annexed the area in the entity less amounts that the entity
58-14    collects following the municipality's levy of or increase in its
58-15    sales and use tax or annexation of the area in the entity.  The
58-16    comptroller shall withhold and pay the amount withheld to the
58-17    entity under policies or procedures that the comptroller considers
58-18    reasonable.
58-19          (g)  A transit authority is not a local governmental entity
58-20    for the purposes of Subsections (e) and (f).
58-21          SECTION 2.68.  Section 322.302, Tax Code, is amended to read
58-22    as follows:
58-23          Sec. 322.302.  DISTRIBUTION OF TRUST FUNDS.  At [(a) Except
58-24    as provided by Subsection (b) of this section, at] least quarterly
58-25    [twice] during each state fiscal year and as often as feasible, the
58-26    comptroller shall send to the person at each taxing entity who
 59-1    performs the function of entity treasurer, payable to the taxing
 59-2    entity, the entity's share of the taxes collected by the
 59-3    comptroller under this chapter.
 59-4          [(b)  The comptroller shall make payments required by
 59-5    Subsection (a) of this section to entities created under Chapter
 59-6    451 or 452, Transportation Code, quarterly each fiscal year as soon
 59-7    as practicable after the end of each quarter.]
 59-8          SECTION 2.69.  Section 323.102(c), Tax Code, is amended to
 59-9    read as follows:
59-10          (c)  A tax imposed under Section 323.105 of this code or
59-11    Chapter 326, Local Government Code, takes effect on the first day
59-12    of the first calendar quarter after the expiration of the first
59-13    complete calendar quarter occurring after the date on which the
59-14    comptroller receives a notice of the action as required by Section
59-15    323.405(b).
59-16          SECTION 2.70.  Section 323.105(e), Tax Code, is amended to
59-17    read as follows:
59-18          (e)  The comptroller shall remit to the county amounts
59-19    collected at the rate imposed under this section as part of the
59-20    regular allocation of county tax revenue collected by the
59-21    comptroller if the district is composed of the entire county.  The
59-22    comptroller [county] shall, if the district is composed of an area
59-23    less than the entire county, remit that amount to the district.
59-24    Retailers may not be required to use the allocation and reporting
59-25    procedures in the collection of taxes under this section different
59-26    from the procedures that retailers use in the collection of other
 60-1    sales and use taxes under this chapter.  An item, transaction, or
 60-2    service that is taxable in a county under a sales or use tax
 60-3    authorized by another section of this chapter is taxable under this
 60-4    section.  An item, transaction, or service that is not taxable in a
 60-5    county under a sales or use tax authorized by another section of
 60-6    this chapter is not taxable under this section.
 60-7          SECTION 2.71.  Section 351.001, Tax Code, is amended by
 60-8    adding Subdivision (10) to read as follows:
 60-9                (10)  "Revenue" includes any interest derived from the
60-10    revenue.
60-11          SECTION 2.72.  Section 351.006, Tax Code, is amended to read
60-12    as follows:
60-13          Sec. 351.006.  EXEMPTION.  (a)  A United States governmental
60-14    entity described in Section 156.103(a) is exempt from the payment
60-15    of tax authorized by this chapter  [excepted from the tax imposed
60-16    by Chapter 156 under Section 156.103(a)(1) or (a)(3) shall pay the
60-17    tax imposed by this chapter but is entitled to a refund of the tax
60-18    paid].
60-19          (b)  A state governmental entity described in Section
60-20    156.103(b) shall pay the tax imposed by this chapter but is
60-21    entitled to a refund of the tax paid.
60-22          (c)  A person who is described by Section 156.103(d) is
60-23    exempt from the payment of the tax authorized by this chapter.
60-24          (d) [(c)]  A person who is described by Section 156.103(c)
60-25    shall pay the tax imposed by this chapter but the state
60-26    governmental entity with whom the person is associated is entitled
 61-1    to a refund of the tax paid.
 61-2          (e) [(d)]  To receive a refund of tax paid under this
 61-3    chapter, the governmental entity entitled to the refund must file a
 61-4    refund claim on a form provided by the municipality and containing
 61-5    the information required by the municipality.  The comptroller by
 61-6    rule shall prescribe the form that must be used and the information
 61-7    that must be provided.
 61-8          (f) [(e)]  A governmental entity may file a refund claim with
 61-9    the municipality under this chapter only for each calendar quarter
61-10    for all reimbursements accrued during that quarter.  The
61-11    municipality may adopt an ordinance to enforce this section.
61-12          SECTION 2.73.  Subchapter B, Chapter 351, Tax Code, is
61-13    amended by adding Section 351.107 to read as follows:
61-14          Sec. 351.107.  RECORDS.  A municipality shall maintain a
61-15    record that accurately identifies the receipt and expenditure of
61-16    all revenue derived from the tax imposed under this chapter.
61-17          SECTION 2.74.  Section 352.007, Tax Code, is amended to read
61-18    as follows:
61-19          Sec. 352.007.  EXEMPTION.  (a)  A United States governmental
61-20    entity described in Section 156.103(a) is exempt from the payment
61-21    of tax authorized by this chapter [excepted from the tax imposed by
61-22    Chapter 156 under Section 156.103(a)(1) or (a)(3) shall pay the tax
61-23    imposed by this chapter but is entitled to a refund of the tax
61-24    paid].
61-25          (b)  A state governmental entity subject to the tax imposed
61-26    by Chapter 156 under Section 156.103(b) shall pay the tax imposed
 62-1    by this chapter but is entitled to a refund of the tax paid.
 62-2          (c)  A person who is described by Section 156.103(d) is
 62-3    exempt from the payment of the tax authorized by this chapter.
 62-4          (d) [(c)]  A person who is described by Section 156.103(c)
 62-5    shall pay the tax imposed by this chapter but the state
 62-6    governmental entity with whom the person is associated is entitled
 62-7    to a refund of the tax paid.
 62-8          (e) [(d)]  To receive a refund of a tax paid under this
 62-9    chapter, the governmental entity entitled to the refund must file a
62-10    refund claim on a form provided by the county and containing the
62-11    information required by the county.  The comptroller by rule shall
62-12    prescribe the form that must be used and the information that must
62-13    be provided.
62-14          (f) [(e)]  A governmental entity may file a refund claim with
62-15    the county under this chapter only for each calendar quarter for
62-16    all reimbursements accrued during that quarter.  The county may
62-17    adopt a resolution to enforce this section.
62-18          SECTION 2.75.  Section 4B(e), Development Corporation Act of
62-19    1979 (Article 5190.6, Vernon's Texas Civil Statutes), as amended by
62-20    Section 3, Chapter 1022, and Section 12, Chapter 1031, Acts of the
62-21    73rd Legislature, Regular Session, 1993, is reenacted to read as
62-22    follows:
62-23          (e)  The rate of a tax adopted under this section must be
62-24    one-eighth, one-fourth, three-eighths, or one-half of one percent.
62-25    The ballot proposition at the election held to adopt the tax must
62-26    specify the rate of the tax to be adopted.  A corporation that
 63-1    holds an election to reduce a tax imposed under Section 4A of this
 63-2    Act may in a separate proposition on the same ballot adopt a tax
 63-3    under this section.  If an eligible city adopts the tax, a tax is
 63-4    imposed on the receipts from the sale at retail of taxable items
 63-5    within the eligible city at the rate approved at the election.
 63-6    There is also imposed an excise tax on the use, storage, or other
 63-7    consumption within the eligible city of tangible personal property
 63-8    purchased, leased, or rented from a retailer during the period that
 63-9    the tax is effective within the eligible city.  The rate of the
63-10    excise tax is the same as the rate of the sales tax portion of the
63-11    tax and is applied to the sale price of the tangible personal
63-12    property.
63-13          Explanation:  This change is needed to allow the legislature
63-14    to make certain technical changes to statutes involving taxes or
63-15    fees administered by the comptroller of public accounts.
63-16          (2)  Senate Rule 12.03(4) is suspended to permit the
63-17    committee to add additional text not included in either the house
63-18    or senate version of the bill, consisting of a new article of the
63-19    bill, to read as follows:
63-20           ARTICLE 3.  APPROPRIATIONS AND PROVISIONS RELATED TO
63-21                              APPROPRIATIONS
63-22          SECTION 3.01.  (a)  In addition to other amounts appropriated
63-23    by the 76th Legislature, Regular Session, 1999, for the biennium
63-24    beginning September 1, 1999, and subject to the restrictions
63-25    provided under Articles II and IX, House Bill No. 1, Acts of the
63-26    76th Legislature, Regular Session, 1999 (the General Appropriations
 64-1    Act), specifically including Rider 38, page II-66, House Bill No.
 64-2    1, the Texas Department of Human Services is appropriated $12
 64-3    million from the general revenue fund for fiscal year 2000 for
 64-4    reimbursement expenses related to increases in reimbursement rates
 64-5    for nursing homes under the medical assistance program and $12
 64-6    million from the general revenue fund for fiscal year 2001 for the
 64-7    same purpose.  Any unexpended balance of the appropriation made by
 64-8    this section for fiscal year 2000 is reappropriated to the
 64-9    department for fiscal year 2001 for the same purpose.
64-10          (b)  The Texas Department of Human Services is authorized to
64-11    transfer the appropriations made by this section to the appropriate
64-12    agency or the appropriate strategy item.
64-13          (c)  The appropriations made by this section are contingent
64-14    on the comptroller's providing of notice to the governor and the
64-15    Legislative Budget Board that the comptroller has made a finding,
64-16    based on a revenue estimate made before or after the adjournment
64-17    sine die of the 76th Legislature, Regular Session, that sufficient
64-18    revenue is estimated to be available from the general revenue fund
64-19    to provide for the appropriations made by this section.
64-20          SECTION 3.02.  (a)   In addition to other amounts
64-21    appropriated by the 76th Legislature, Regular Session, 1999, for
64-22    the biennium beginning September 1, 1999, and subject to the
64-23    restrictions provided under Articles II and IX, House Bill No. 1,
64-24    Acts of the 76th Legislature, Regular Session, 1999 (the General
64-25    Appropriations Act), the Texas Department of Human Services is
64-26    appropriated $6.6 million from the general revenue fund for fiscal
 65-1    year 2000 for expenses related to increases in the personal needs
 65-2    allowance provided under Section 32.024, Human Resources Code, for
 65-3    a person who receives medical assistance and is a resident of a
 65-4    convalescent or nursing home or related institution licensed under
 65-5    Chapter 242, Health and Safety Code, a personal care facility, an
 65-6    ICF-MR facility, or another similar long-term care facility and
 65-7    $6.6 million from the general revenue fund for fiscal year 2001 for
 65-8    the same purpose.  Any unexpended balance of the appropriation made
 65-9    by this section for fiscal year 2000 is reappropriated to the
65-10    department for fiscal year 2001 for the same purpose.
65-11          (b)  The Texas Department of Human Services is authorized to
65-12    transfer the appropriations made by this section to the appropriate
65-13    agency or the appropriate strategy item.
65-14          (c)  The appropriations made by this section are contingent
65-15    on the comptroller's providing of notice to the governor and the
65-16    Legislative Budget Board that the comptroller has made a finding,
65-17    based on a revenue estimate made before or after the adjournment
65-18    sine die of the 76th Legislature, Regular Session, that sufficient
65-19    revenue is estimated to be available from the general revenue fund
65-20    to provide for the appropriations made by this section.
65-21          SECTION 3.03.  (a)  This section applies only to an Act of
65-22    the 76th Legislature, Regular Session, that contains a provision
65-23    stating that the Act, or a provision of the Act, takes effect only
65-24    if a specific appropriation for the implementation of the Act is
65-25    provided in House Bill No. 1, Acts of the 76th Legislature, Regular
65-26    Session, 1999 (the General Appropriations Act).
 66-1          (b)  In accordance with the terms of the provision described
 66-2    by Subsection (a) of this section, the following Acts take effect:
 66-3                (1)  House Bill Nos. 424, 713, 714, 820, 1172, 1188,
 66-4    1341, 1652, 1833, 1939, 2085, 2145, 2202, 2307, 2573, 2641, 2719,
 66-5    2992, 3174, 3504, 3517, and 3778; and
 66-6                (2)  Senate Bill Nos. 526, 565, 666, 708, 1287, 1423,
 66-7    1651, and 1690.
 66-8          (c)  In accordance with the terms of the provision described
 66-9    by Subsection (a) of this section, the following Acts do not take
66-10    effect:
66-11                (1)  House Bill Nos. 1933 and 2148; and
66-12                (2)  Senate Bill Nos. 313, 840, and 1650.
66-13          (d)  The following Acts take effect notwithstanding the
66-14    provision described by Subsection (a)  of this section:
66-15                (1)  House Bill Nos. 64, 153, 628, 676, 1018, 1140,
66-16    1223, 1444, 1860, 2631, 2815, 2896, 2978, 3050, 3079, 3304, and
66-17    3757; and
66-18                (2)  Senate Bill Nos. 229, 913 and 1613.
66-19          (e)  The Acts identified in this section take effect, or do
66-20    not take effect, as provided by this section, notwithstanding the
66-21    provision described by Subsection (a) of this section.
66-22          (f)  If a provision described by Subsection (a) of this
66-23    section is contained in a bill that is not listed in Subsection
66-24    (b), (c), or (d) of this section, the provision is ineffective, and
66-25    the bill takes effect in accordance with its terms notwithstanding
66-26    that provision, regardless of the relative dates of enactment.
 67-1          Explanation:  This change is needed to allow the legislature
 67-2    to appropriate additional money to the Texas Department of Human
 67-3    Services and to address the issue of whether certain bills are
 67-4    funded by an appropriation in the General Appropriations Act.
 67-5          (3)  Senate Rule 12.03(4) is suspended to permit the
 67-6    committee to add additional text not included in either the house
 67-7    or senate version of the bill, relating to the implementation of
 67-8    the new articles added to the bill, to read as follows:
 67-9          SECTION 4.01.  The following are repealed:  . . .
67-10                (3)  Sections 151.318(g) and (p) and 152.062(d), Tax
67-11    Code.
67-12          SECTION 4.07.  A tax to which Section 2.69 of this Act
67-13    applies that is not being collected on the effective date of this
67-14    Act and that was adopted at an election held before January 1,
67-15    1999, takes effect on the first day of the first calendar quarter
67-16    that begins after the effective date of this Act.
67-17          SECTION 4.08.  Each change in law made to the following
67-18    provisions by this Act is a clarification of existing law and does
67-19    not imply that existing law may be construed as inconsistent with
67-20    the law as amended by this Act:
67-21                (1)  Section 102.075, Code of Criminal Procedure;
67-22                (2)  Section 9, Texas State College and University
67-23    Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
67-24    Texas Insurance Code);
67-25                (3)  Section 11, Texas Public School Employees Group
67-26    Insurance Act (Article 3.50-4, Insurance Code);
 68-1                (4)  Section 326.029, Local Government Code;
 68-2                (5)  Section 326.092, Local Government Code;
 68-3                (6)  Section 151.317, Tax Code;
 68-4                (7)  Section 151.318, Tax Code;
 68-5                (8)  Section 151.3185, Tax Code;
 68-6                (9)  Section 151.350(d), Tax Code;
 68-7                (10)  Section 152.002, Tax Code;
 68-8                (11)  Section 152.041, Tax Code;
 68-9                (12)  Section 153.117, Tax Code;
68-10                (13)  Section 153.119, Tax Code;
68-11                (14)  Section 153.206, Tax Code;
68-12                (15)  Section 153.219, Tax Code;
68-13                (16)  Section 171.063, Tax Code;
68-14                (17)  the heading of Subchapter C, Chapter 171, Tax
68-15    Code;
68-16                (18)  the headings of Sections 171.1015, 171.1016, and
68-17    171.107, Tax Code;
68-18                (19)  Section 171.110, Tax Code;
68-19                (20)  Section 191.085, Tax Code; and
68-20                (21)  Section 203.051, Tax Code.
68-21          SECTION 4.09.  The comptroller of public accounts may adopt
68-22    rules and take other actions before October 1, 1999, as the
68-23    comptroller deems necessary or advisable to prepare for the taking
68-24    effect of Article 2 of this Act.
68-25          SECTION 4.10.  (a)  Except as provided by Subsections (b),
68-26    (c), and (d) of this section, Article 2 of this Act takes effect
 69-1    October 1, 1999.
 69-2          (b)  Section 2.05 of this Act takes effect January 1, 2000,
 69-3    and applies to reporting periods beginning on or after that date.
 69-4          (c)  Sections 2.50 through 2.61 of this Act take effect
 69-5    January 1, 2000, and apply to a report originally due on or after
 69-6    that date.
 69-7          SECTION 4.12.  (a)  This Act takes effect immediately except
 69-8    that:  . . .
 69-9                (4)  Article 2 of this Act takes effect as provided by
69-10    Section 4.10 of this Act.
69-11          Explanation:  This addition is necessary to provide for the
69-12    orderly implementation of the changes made by adding new articles
69-13    to the bill.
69-14                                 ______________________________________
69-15                                         President of the Senate
69-16                                      I hereby certify that the above
69-17                                 Resolution was adopted by the Senate
69-18                                 on May 30, 1999, by the following vote:
69-19                                 Yeas 30, Nays 0.
69-20                                 ______________________________________
69-21                                         Secretary of the Senate