By Duncan                                             S.R. No. 1191
         76R17576 JJT-D                           
                                 R E S O L U T I O N
 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 House
 1-5     Bill No. 3211, relating to state fiscal matters, to consider and
 1-6     take 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:
2-27                       (A)  by other appropriate taxpayer
 3-1     characteristics, such as whether the taxpayer is a farmer, rancher,
 3-2     retired elderly, or resident or nonresident of the state; and
 3-3                       (B)  by distribution of impact on consumers,
 3-4     labor, capital, and out-of-state persons and entities; [and]
 3-5                 (3)  shall evaluate the effect of each tax on total
 3-6     income by income group; and
 3-7                 (4)  shall:
 3-8                       (A)  use the broadest measure of economic income
 3-9     for which reliable data is available; and
3-10                       (B)  include a statement of the incidence
3-11     assumptions that were used in making the analysis.
3-12           SECTION 2.04.  Section 12(b), Article 1.14-1, Insurance Code,
3-13     is amended to read as follows:
3-14           (b)  The report shall be filed and any tax due shall be paid
3-15     by the insured or by any other person designated by the insured.
3-16     The report and tax are due on or before May 15 [March 1] of the
3-17     calendar year after the calendar year in which the insurance was
3-18     procured, continued, or renewed or on another date prescribed by
3-19     the comptroller.
3-20           SECTION 2.05.  Sections 12(a) and (b), Article 1.14-2,
3-21     Insurance Code, are amended to read as follows:
3-22           (a)  The premiums charged for surplus lines insurance are
3-23     subject to a premium receipts tax of 4.85 percent of gross premiums
3-24     charged for such insurance.  The term premium includes all
3-25     premiums, membership fees, assessments, dues or any other
3-26     consideration for insurance.  Such tax shall be in lieu of all
3-27     other insurance taxes.  The surplus lines agent shall collect from
 4-1     the insured the amount of the tax at the time of delivery of the
 4-2     cover note, certificate of insurance, policy or other initial
 4-3     confirmation of insurance, in addition to the full amount of the
 4-4     gross premium charged by the insurer for the insurance.  No agent
 4-5     shall absorb such tax nor shall any agent, as an inducement for
 4-6     insurance or for any other reason, rebate all or any part of such
 4-7     tax or his commission.  The surplus lines agent shall file a report
 4-8     and pay taxes to the comptroller on or before March 1 of each year
 4-9     on forms prescribed by the comptroller.  The [the] amount of taxes
4-10     shall be based on gross premiums written or received for such
4-11     insurance placed through an eligible surplus lines insurer during
4-12     the calendar year ending on the preceding December 31.  A tax
4-13     prepayment shall be required any time accrued taxes due equal or
4-14     exceed $70,000.  The prepayment of the accrued taxes, with a form
4-15     prescribed by the comptroller, shall be due by the 15th day of the
4-16     month following the month in which accrued taxes total $70,000 [and
4-17     shall pay to the comptroller the tax as provided for by this
4-18     Article].  If a surplus lines policy covers risks or exposures only
4-19     partially in this state, the tax payable shall be computed on the
4-20     portions of the premium which are properly allocated to the risks
4-21     or exposures located in this state.  In determining the amount of
4-22     premiums taxable in this state, all premiums written, procured, or
4-23     received in this state and all premiums on policies negotiated in
4-24     this state shall be deemed written on property or risks located or
4-25     resident in this state, except such premiums as are properly
4-26     allocated or apportioned and reported as premiums which may be
4-27     subject to taxation by any other state or states.  Premiums that
 5-1     are properly allocated to any other state or states that are
 5-2     specifically exempt from taxation under the regulations of that
 5-3     state or states are not taxable in this state.  Premiums on risks
 5-4     or exposures which are properly allocated to federal waters,
 5-5     international waters or under the jurisdiction of a foreign
 5-6     government shall not be taxable by this state.  In event of
 5-7     cancellation and rewriting of any surplus lines insurance contract
 5-8     the additional premium for premium receipts tax purposes shall be
 5-9     the premium in excess of the unearned premium of the canceled
5-10     insurance contract.
5-11           (b)  All surplus lines premium receipt taxes collected by a
5-12     surplus lines agent are trust funds in his hands [and the property
5-13     of this state.  Such funds shall be maintained by the surplus lines
5-14     agent in a separate account and shall not be mingled with any other
5-15     funds, either business or private].  Any surplus lines agent who
5-16     fails or refuses to pay over to the state the surplus lines premium
5-17     receipts tax at the time required by [in] this section, or who
5-18     fraudulently withholds or appropriates or otherwise uses such money
5-19     or any portions thereof belonging to the state is guilty of theft
5-20     and shall be punished as provided by law for the crime of theft,
5-21     irrespective of whether any such surplus lines agent has or claims
5-22     to have any interest in such money so received by him.
5-23           SECTION 2.06.  Section 9(b), Texas State College and
5-24     University Employees Uniform Insurance Benefits Act (Article
5-25     3.50-3, Vernon's Texas Insurance Code), is amended to read as
5-26     follows:
5-27           (b)  Premiums on policies, insurance contracts, or agreements
 6-1     with health maintenance organizations established under this Act
 6-2     are not subject to any state tax, regulatory fee, or surcharge,
 6-3     including premium or maintenance taxes or fees.
 6-4           SECTION 2.07.  Section 11(b), Texas Public School Employees
 6-5     Group Insurance Act (Article 3.50-4, Insurance Code), is amended to
 6-6     read as follows:
 6-7           (b)  A premium or contribution on a policy, insurance
 6-8     contract, or agreement authorized as provided by this article is
 6-9     not subject to any state tax, regulatory fee, or surcharge,
6-10     including premium or maintenance taxes or fees.
6-11           SECTION 2.08.  Section 326.029(a), Local Government Code, is
6-12     amended to read as follows:
6-13           (a)  If a majority of the votes received in the election
6-14     favor the creation of the district and the adoption of the sales
6-15     and use tax, the commissioners court shall by resolution or order
6-16     declare that the district is created and shall declare the amount
6-17     of the local sales and use tax adopted and enter the result in its
6-18     minutes.
6-19           SECTION 2.09.  Section 326.092(a), Local Government Code, is
6-20     amended to read as follows:
6-21           (a)  Chapter 323, Tax Code, to the extent not inconsistent
6-22     with this chapter, governs the imposition, computation,
6-23     administration, and governance of the tax under this subchapter,
6-24     except that Sections 323.101, 323.105, [and] 323.404, and 323.406
6-25     through 323.408, Tax Code, do not apply.
6-26           SECTION 2.10.  Section 101.003, Tax Code, is amended by
6-27     adding Subdivision (13) to read as follows:
 7-1                 (13)  "Tax" means a tax, fee, assessment, charge, or
 7-2     other amount that the comptroller is authorized to administer.
 7-3           SECTION 2.11.  Section 111.0041(b), Tax Code, is amended to
 7-4     read as follows:
 7-5           (b)  This section prevails over any other conflicting
 7-6     provision of this title [except Section 191.024(b) of this code].
 7-7           SECTION 2.12.  Section 111.023, Tax Code, is amended to read
 7-8     as follows:
 7-9           Sec. 111.023.  WRITTEN AUTHORIZATION.  (a)  The comptroller
7-10     may require that a report, return, declaration, claim for refund,
7-11     or other document that is required or permitted to be filed with
7-12     the comptroller and that is submitted by an attorney, accountant,
7-13     or other representative of a taxpayer [person] on behalf of the
7-14     taxpayer [person] be accompanied by express written authorization
7-15     of the taxpayer [person] in whose name or on whose behalf it is
7-16     purportedly submitted.
7-17           (b)  An officer, director, or employee of the taxpayer whose
7-18     duties include administering the taxpayer's rights and
7-19     responsibilities with the comptroller may sign the written
7-20     authorization.  The authorization must include the title and
7-21     telephone number of the officer, director, or employee who signs
7-22     the authorization for verification by the comptroller.
7-23           (c)  The comptroller may impose a requirement of Subsection
7-24     (b) on a taxpayer's assignment of a claim for refund.
7-25           SECTION 2.13.  Section 111.104(e), Tax Code, is amended to
7-26     read as follows:
7-27           (e)  This section applies to all taxes and license fees
 8-1     collected or administered by the comptroller, except the state
 8-2     property tax [and those taxes that qualify for refund allowed under
 8-3     Section 151.318(g) or (n)].
 8-4           SECTION 2.14.  Section 111.107, Tax Code, is amended to read
 8-5     as follows:
 8-6           Sec. 111.107.  WHEN REFUND OR CREDIT IS PERMITTED.  Except as
 8-7     otherwise expressly provided, a person may request a refund or a
 8-8     credit or the comptroller may make a refund or issue a credit for
 8-9     the overpayment of a tax imposed by this title at any time before
8-10     the expiration of the period during which the comptroller may
8-11     assess a deficiency for the tax and not thereafter unless the
8-12     refund or credit is requested:
8-13                 (1)  under Subchapter B of Chapter 112 and the refund
8-14     is made or the credit is issued under a court order;
8-15                 (2)  under the provision of Section 111.104(c)(3)
8-16     applicable to a refund claim filed after a jeopardy or deficiency
8-17     determination becomes final; or
8-18                 (3)  under Chapter 153, except Section 153.1195(e),
8-19     153.121(d), 153.2225(e), or 153.224(d)[; or]
8-20                 [(4)  under Section 151.318(g) or (n)].
8-21           SECTION 2.15.  Sections 151.310(c) and (e), Tax Code, are
8-22     amended to read as follows:
8-23           (c)  An organization that qualifies for an exemption under
8-24     Subsection (a)(1) or (a)(2) of this section, and each bona fide
8-25     chapter of the organization, may hold two tax-free sales or
8-26     auctions under this subsection during a calendar year and each
8-27     tax-free sale or auction may continue for one day only.  The sale
 9-1     of a taxable item the sales price of which is $5,000 or less by a
 9-2     qualified organization or chapter of the organization at a tax-free
 9-3     sale or auction is exempted from the sales tax imposed by
 9-4     Subchapter C of this chapter, except that a taxable item
 9-5     manufactured by or donated to the qualified organization or chapter
 9-6     of the organization may be sold tax free regardless of the sales
 9-7     price to any purchaser other than the donor.  The storage, use, or
 9-8     consumption of a taxable item that is acquired from a qualified
 9-9     organization or chapter of the organization at a tax-free sale or
9-10     auction and that is exempted under this subsection from the taxes
9-11     imposed by Subchapter C of this chapter is exempted from the use
9-12     tax imposed by Subchapter D of this chapter until the item is
9-13     resold or subsequently transferred.
9-14           (e)  A nonprofit hospital or hospital system that qualifies
9-15     for an exemption under Subsection (a)(2) shall provide community
9-16     benefits that include charity care and government-sponsored
9-17     indigent health care [community benefits] as set forth in
9-18     Subchapter D, Chapter 311, Health and Safety Code.  [Subdivision
9-19     (1), (2), (3), (4), (5), (6), (7), or (8) below:]
9-20                 [(1)  charity care and government-sponsored indigent
9-21     health care are provided at a level which is reasonable in relation
9-22     to the community needs, as determined through the community needs
9-23     assessment, the available resources of the hospital or hospital
9-24     system, and the tax-exempt benefits received by the hospital or
9-25     hospital system;]
9-26                 [(2)  charity care and government-sponsored indigent
9-27     health care are provided in an amount equal to at least four
 10-1    percent of the hospital's or hospital system's net patient revenue;]
 10-2                [(3)  charity care and government-sponsored indigent
 10-3    health care are provided in an amount equal to at least 100 percent
 10-4    of the hospital's or hospital system's tax-exempt benefits,
 10-5    excluding federal income tax;]
 10-6                [(4)  for tax periods beginning before January 1, 1996,
 10-7    charity care and community benefits are provided in a combined
 10-8    amount equal to at least five percent of the hospital's or hospital
 10-9    system's net patient revenue, provided that charity care and
10-10    government-sponsored indigent health care are provided in an amount
10-11    equal to at least three percent of net patient revenue;]
10-12                [(5)  for tax periods beginning after December 31,
10-13    1995, charity care and community benefits are provided in a
10-14    combined amount equal to at least five percent of the hospital's or
10-15    hospital system's net patient revenue, provided that charity care
10-16    and government-sponsored indigent health care are provided in an
10-17    amount equal to at least four percent of net patient revenue;]
10-18                [(6)  a nonprofit hospital that has been designated as
10-19    a disproportionate share hospital under the state Medicaid program
10-20    in the current year or in either of the previous two fiscal years
10-21    is considered to have provided a reasonable amount of charity care
10-22    and government-sponsored indigent health care and is considered in
10-23    compliance with the standards provided by this subsection;]
10-24                [(7)  a hospital operated on a nonprofit basis that is
10-25    located in a county with a population of less than 50,000 and in
10-26    which the entire county or the population of the entire county has
10-27    been designated as a health professionals shortage area is
 11-1    considered to be in compliance with the standards provided by this
 11-2    subsection; or]
 11-3                [(8)  a hospital providing health care services to
 11-4    inpatients or outpatients without receiving any payment for
 11-5    providing those services from any source, including the patient or
 11-6    person legally obligated to support the patient, third-party
 11-7    payors, Medicare, Medicaid, or any other state or local indigent
 11-8    care program but excluding charitable donations, legacies,
 11-9    bequests, or grants or payments for research, is considered to be
11-10    in compliance with the standards provided by this subsection.]
11-11          [For purposes of satisfying Subdivision (5), a hospital or
11-12    hospital system may not change its existing fiscal year unless the
11-13    hospital or hospital system changes its ownership or corporate
11-14    structure as a result of a sale or merger.]
11-15          [For purposes of this subsection, a hospital that satisfies
11-16    Subdivision (1), (6), (7), or (8) shall be excluded in determining
11-17    a hospital system's compliance with the standards provided by
11-18    Subdivision (2), (3), (4), or (5).]
11-19          [For purposes of this subsection, the terms "charity care,"
11-20    "government-sponsored indigent health care," "health care
11-21    organization," "hospital system," "net patient revenue," "nonprofit
11-22    hospital," and "tax-exempt benefits" have the meanings set forth in
11-23    Sections 311.031 and 311.042, Health and Safety Code.  A
11-24    determination of the amount of community benefits and charity care
11-25    and government-sponsored indigent health care provided by a
11-26    hospital or hospital system and the hospital's or hospital system's
11-27    compliance with the requirements of this subsection and Section
 12-1    311.045, Health and Safety Code, shall be based on the most
 12-2    recently completed and audited prior fiscal year of the hospital or
 12-3    hospital system.]
 12-4          [The providing of charity care and government-sponsored
 12-5    indigent health care in accordance with Subdivision (1) shall be
 12-6    guided by the prudent business judgment of the hospital which will
 12-7    ultimately determine the appropriate level of charity care and
 12-8    government-sponsored indigent health care based on the community
 12-9    needs, the available resources of the hospital, the tax-exempt
12-10    benefits received by the hospital, and other factors that may be
12-11    unique to the hospital, such as the hospital's volume of Medicare
12-12    and Medicaid patients.  These criteria shall not be determinative
12-13    factors, but shall be guidelines contributing to the hospital's
12-14    decision along with other factors which may be unique to the
12-15    hospital.  The formulas contained in Subdivisions (2), (3), (4),
12-16    and (5) shall also not be considered determinative of a reasonable
12-17    amount of charity care and government-sponsored indigent health
12-18    care.]
12-19          [The requirements of this subsection shall not apply to the
12-20    extent a hospital or hospital system demonstrates that reductions
12-21    in the amount of community benefits, charity care, and
12-22    government-sponsored indigent health care are necessary to maintain
12-23    financial reserves at a level required by a bond covenant, are
12-24    necessary to prevent the hospital or hospital system from
12-25    endangering its ability to continue operations, or if the hospital
12-26    or hospital system, as a result of a natural or other disaster, is
12-27    required substantially to curtail its operations.]
 13-1          [In any fiscal year that a hospital or hospital system,
 13-2    through unintended miscalculation, fails to meet any of the
 13-3    standards in this subsection, the hospital or hospital system shall
 13-4    not lose its tax-exempt status without the opportunity to cure the
 13-5    miscalculation in the fiscal year following the fiscal year the
 13-6    failure is discovered by both meeting one of the standards and
 13-7    providing an additional amount of charity care and
 13-8    government-sponsored indigent health care that is equal to the
 13-9    shortfall from the previous fiscal year.  A hospital or hospital
13-10    system may apply this provision only once every five years.]
13-11          SECTION 2.16.  Section 151.3101, Tax Code, is amended by
13-12    adding Subsection (c) to read as follows:
13-13          (c)  In this section, "educational organization" includes an
13-14    entity described by Section 61.003(8) or (15), Education Code.
13-15          SECTION 2.17.  Section 151.312, Tax Code, is amended to read
13-16    as follows:
13-17          Sec. 151.312.  PERIODICALS AND WRITINGS OF RELIGIOUS,
13-18    PHILANTHROPIC, CHARITABLE, HISTORICAL, SCIENTIFIC, AND SIMILAR
13-19    ORGANIZATIONS.  Periodicals and writings, including those presented
13-20    on audio tape, videotape, and computer disk, that are published and
13-21    [or] distributed by a religious, philanthropic, charitable,
13-22    historical, scientific, or other similar organization that is not
13-23    operated for profit, but excluding an educational organization, are
13-24    exempted from the taxes imposed by this chapter.
13-25          SECTION 2.18.  Section 151.317, Tax Code, is amended to read
13-26    as follows:
13-27          Sec. 151.317.  GAS AND ELECTRICITY.  (a)  Subject to
 14-1    Subsection (d), gas [Gas] and electricity are exempted from the
 14-2    taxes imposed by this chapter [except] when sold for:
 14-3                (1)  residential use;
 14-4                (2)  use in powering equipment exempt under Section
 14-5    151.318 by a person processing tangible personal property for sale
 14-6    as tangible personal property, other than preparation or storage of
 14-7    food for immediate consumption;
 14-8                (3)  use in lighting, cooling, and heating in the
 14-9    manufacturing area during the actual manufacturing or processing of
14-10    tangible personal property for sale as tangible personal property,
14-11    other than preparation or storage of food for immediate
14-12    consumption;
14-13                (4)  use directly in exploring for, producing, or
14-14    transporting, a material extracted from the earth;
14-15                (5)  use in agriculture, including dairy or poultry
14-16    operations and pumping for farm or ranch irrigation;
14-17                (6)  use directly in electrical processes, such as
14-18    electroplating, electrolysis, and cathodic protection;
14-19                (7)  use directly in the off-wing processing, overhaul,
14-20    or repair of a jet turbine engine or its parts for a certificated
14-21    or licensed carrier of persons or property;
14-22                (8)  use directly in providing, under contracts with or
14-23    on behalf of the United States government or foreign governments,
14-24    defense or national security-related electronics, classified
14-25    intelligence data processing and handling systems, or
14-26    defense-related platform modifications or upgrades; or
14-27                (9)  a direct or indirect use, consumption, or loss of
 15-1    electricity by an electric utility engaged in the purchase of
 15-2    electricity for resale [commercial use].
 15-3          (b)  The sale, production, distribution, lease, or rental of,
 15-4    and the use, storage, or other consumption in this state of, gas
 15-5    and electricity sold for the uses listed in Subsection (a), [except
 15-6    when sold for residential or commercial use,] are exempted from the
 15-7    taxes imposed by a municipality [city] under Chapter 321 except
 15-8    [the Local Sales and Use Tax Act, unless sales for residential use
 15-9    are further exempted by the city] as provided by Section 321.105
15-10    [the Local Sales and Use Tax Act].
15-11          (c)  In this section, "residential [:]
15-12                [(1)  "Residential] use" means use:
15-13                (1) [(A)]  in a family dwelling or in a multifamily
15-14    apartment or housing complex or building or in a part of a building
15-15    occupied as a home or residence when the use is by the owner of the
15-16    dwelling, apartment, complex, or building or part of the building
15-17    occupied; or
15-18                (2) [(B)]  in a dwelling, apartment, house, or building
15-19    or part of a building occupied as a home or residence when the use
15-20    is by a tenant who occupies the dwelling, apartment, house, or
15-21    building or part of a building under a contract for an express
15-22    initial term for longer than 29 consecutive days.
15-23          (d)  To qualify for the exemptions in Subsections (a)(2)-(8),
15-24    the gas or electricity must be sold to the person using the gas or
15-25    electricity in the exempt manner.  For purposes of this subsection,
15-26    the use of gas or electricity in an exempt manner by an independent
15-27    contractor engaged by the purchaser of the gas or electricity to
 16-1    perform one or more of the exempt activities identified in
 16-2    Subsections (a)(2)-(8) is considered use by the purchaser of the
 16-3    gas or electricity.
 16-4          (e)  Natural gas or electricity used during a regular monthly
 16-5    billing period for both exempt and taxable purposes under a single
 16-6    meter is totally exempt or taxable based on the predominant use of
 16-7    the natural gas or electricity measured by that meter.  The
 16-8    comptroller may prescribe by rule the procedures by which a
 16-9    purchaser must establish the predominant use of the natural gas or
16-10    electricity.
16-11                [(2)  "Commercial use" means use by a person engaged in
16-12    selling, warehousing, or distributing a commodity or a professional
16-13    or personal service, but does not include:]
16-14                      [(A)  use by a person engaged in:]
16-15                            [(i)  processing tangible personal property
16-16    for sale as tangible personal property, other than preparation or
16-17    storage of food for immediate consumption;]
16-18                            [(ii)  exploring for, producing, or
16-19    transporting, a material extracted from the earth;]
16-20                            [(iii)  agriculture, including dairy or
16-21    poultry operations and pumping for farm or ranch irrigation;]
16-22                            [(iv)  electrical processes such as
16-23    electroplating, electrolysis, and cathodic protection;]
16-24                            [(v)  the off-wing processing, overhaul, or
16-25    repair of a jet turbine engine or its parts for a certificated or
16-26    licensed carrier of persons or property; or]
16-27                            [(vi)  providing, under contracts with or
 17-1    on behalf of the United States government or foreign governments,
 17-2    defense or national security-related electronics, classified
 17-3    intelligence data processing and handling systems, or
 17-4    defense-related platform modifications or upgrades; or]
 17-5                      [(B)  a direct or indirect use, consumption, or
 17-6    loss of electricity by an electric utility engaged in the purchase
 17-7    of electricity for resale.]
 17-8          SECTION 2.19.  Section 151.318, Tax Code, is amended by
 17-9    amending Subsections (a), (c), (o), (q), and (s), and adding
17-10    Subsections (f) and (t) to read as follows:
17-11          (a)  The following items are exempted from the taxes imposed
17-12    by this chapter if sold, leased, or rented to, or stored, used, or
17-13    consumed by a manufacturer:
17-14                (1)  tangible personal property that will become an
17-15    ingredient or component part of tangible personal property
17-16    manufactured, processed, or fabricated for ultimate sale;
17-17                (2)  tangible personal property directly used or
17-18    consumed in or during the actual manufacturing, processing, or
17-19    fabrication of tangible personal property for ultimate sale if the
17-20    use or consumption of the property is necessary or essential to the
17-21    manufacturing, processing, or fabrication operation and directly
17-22    makes or causes a chemical or physical change to:
17-23                      (A)  the product being manufactured, processed,
17-24    or fabricated for ultimate sale; or
17-25                      (B)  any intermediate or preliminary product that
17-26    will become an ingredient or component part of the product being
17-27    manufactured, processed, or fabricated for ultimate sale;
 18-1                (3)  services performed directly on the product being
 18-2    manufactured prior to its distribution for sale and for the purpose
 18-3    of making the product more marketable;
 18-4                (4)  actuators, steam production equipment and its
 18-5    fuel, in-process flow through tanks, cooling towers, generators,
 18-6    heat exchangers, transformers and the switches, breakers, capacitor
 18-7    banks, regulators, relays, reclosers, fuses, interruptors,
 18-8    reactors, arrestors, resistors, insulators, instrument
 18-9    transformers, and telemetry units that are related to the
18-10    transformers, electronic control room equipment, computerized
18-11    control units, pumps, compressors, and hydraulic units, that are
18-12    used to power, supply, support, or control equipment that qualifies
18-13    for exemption under Subdivision (2) or (5) or to generate
18-14    electricity, chilled water, or steam for ultimate sale;
18-15    transformers located at an electric generating facility that
18-16    increase the voltage of electricity generated for ultimate sale,
18-17    the electrical cable that carries the electricity from the electric
18-18    generating equipment to the step-up transformers, and the switches,
18-19    breakers, capacitor banks, regulators, relays, reclosers, fuses,
18-20    interruptors, reactors, arrestors, resistors, insulators,
18-21    instrument transformers, and telemetry units that are related to
18-22    the step-up transformers; and transformers that decrease the
18-23    voltage of electricity generated for ultimate sale and the
18-24    switches, breakers, capacitor banks, regulators, relays, reclosers,
18-25    fuses, interruptors, reactors, arrestors, resistors, insulators,
18-26    instrument transformers, and telemetry units that are related to
18-27    the step-down transformers; [and]
 19-1                (5)  tangible personal property [machinery, equipment,
 19-2    and replacement parts or accessories] used or consumed in the
 19-3    actual manufacturing, processing, or fabrication of tangible
 19-4    personal property for ultimate sale if the [their] use or
 19-5    consumption of the property is necessary and essential to a
 19-6    pollution control process;
 19-7                (6)  lubricants, chemicals, chemical compounds, gases,
 19-8    or liquids that are used or consumed during the actual
 19-9    manufacturing, processing, or fabrication of tangible personal
19-10    property for ultimate sale if their use or consumption is necessary
19-11    and essential to prevent the decline, failure, lapse, or
19-12    deterioration of equipment exempted by this section;
19-13                (7)  gases used on the premises of a manufacturing
19-14    plant to prevent contamination of raw material or product, or to
19-15    prevent a fire, explosion, or other hazardous or environmentally
19-16    damaging situation at any stage in the manufacturing process or in
19-17    loading or storage of the product or raw material on premises;
19-18                (8)  tangible personal property used or consumed during
19-19    the actual manufacturing, processing, or fabrication of tangible
19-20    personal property for ultimate sale if the use or consumption of
19-21    the property is necessary and essential to a quality control
19-22    process;
19-23                (9)  safety apparel or work clothing that is used
19-24    during the actual manufacturing, processing, or fabrication of
19-25    tangible personal property for ultimate sale if:
19-26                      (A)  the manufacturing process would not be
19-27    possible without the use of the apparel or clothing; and
 20-1                      (B)  the apparel or clothing is not resold to the
 20-2    employee;
 20-3                (10)  tangible personal property used or consumed in
 20-4    the actual manufacturing, processing, or fabrication of tangible
 20-5    personal property for ultimate sale if the use or consumption of
 20-6    the property is necessary and essential to comply with federal,
 20-7    state, or local laws or rules that establish requirements related
 20-8    to public health; and
 20-9                (11)  tangible personal property specifically installed
20-10    to:
20-11                      (A)  reduce water use and wastewater flow volumes
20-12    from the manufacturing, processing, fabrication, or repair
20-13    operation;
20-14                      (B)  reuse and recycle wastewater streams
20-15    generated within the manufacturing, processing, fabrication, or
20-16    repair operation; or
20-17                      (C)  treat wastewater from another industrial or
20-18    municipal source for the purpose of replacing existing freshwater
20-19    sources in the manufacturing, processing, fabrication, or repair
20-20    operation.
20-21          (c)  The exemption does not include:
20-22                (1)  intraplant transportation equipment, including
20-23    intraplant transportation equipment used to move a product or raw
20-24    material in connection with the manufacturing process and
20-25    specifically including all piping and conveyor systems, provided
20-26    that the following remain eligible for the exemption:
20-27                      (A)  piping or conveyor systems that are [is] a
 21-1    component part of a single item of manufacturing equipment or
 21-2    pollution control equipment eligible for the exemption under
 21-3    Subsection (a)(2), (a)(4), or (a)(5);
 21-4                      (B)  piping through which the product or an
 21-5    intermediate or preliminary product that will become an ingredient
 21-6    or component part of the product is recycled or circulated in a
 21-7    loop between the single item of manufacturing equipment and the
 21-8    ancillary equipment that supports only that single item of
 21-9    manufacturing equipment if the single item of manufacturing
21-10    equipment and the ancillary equipment operate together to perform a
21-11    specific step in the manufacturing process; and
21-12                      (C)  piping through which the product or an
21-13    intermediate or preliminary product that will become an ingredient
21-14    or component part of the product is recycled back to another single
21-15    item of manufacturing equipment and its ancillary equipment in the
21-16    same manufacturing process [remains eligible for the exemption];
21-17                (2)  [maintenance or janitorial supplies or equipment
21-18    or other machinery, equipment, materials, or supplies that are used
21-19    incidentally in a manufacturing, processing, or fabrication
21-20    operation;]
21-21                [(3)]  hand tools;
21-22                (3)  maintenance supplies not otherwise exempted under
21-23    this section, maintenance equipment, janitorial supplies or
21-24    equipment, [(4)] office equipment or supplies, equipment or
21-25    supplies used in sales or distribution activities, research or
21-26    development of new products, or transportation activities[, or
21-27    other tangible personal property not used in an actual
 22-1    manufacturing, processing, or fabrication operation]; [or]
 22-2                (4) [(5)]  machinery and equipment or supplies to the
 22-3    extent not otherwise exempted under this section used to maintain
 22-4    or store tangible personal property; or
 22-5                (5)  tangible personal property used in the
 22-6    transmission or distribution of electricity, including
 22-7    transformers, cable, switches, breakers, capacitor banks,
 22-8    regulators, relays, reclosers, fuses, interruptors, reactors,
 22-9    arrestors, resistors, insulators, instrument transformers, and
22-10    telemetry units not otherwise exempted under this section, and
22-11    lines, conduit, towers, and poles.
22-12          (f)  For purposes of Subsection (c)(1), piping through which
22-13    material is transported forward from one single item of
22-14    manufacturing equipment and its ancillary support equipment to
22-15    another single item of manufacturing equipment and its ancillary
22-16    support equipment is not considered a component part of a single
22-17    item of manufacturing equipment and is not exempt.  An integrated
22-18    group of manufacturing and processing machines and ancillary
22-19    equipment that operate together to create or produce the product or
22-20    an intermediate or preliminary product that will become an
22-21    ingredient or component part of the product is not a single item of
22-22    manufacturing equipment.
22-23          (o)  The production of a publication for the dissemination of
22-24    news of a general character and of a general interest that is
22-25    printed on newsprint and distributed to the general public free of
22-26    charge at a daily, weekly, or other short interval is considered
22-27    "manufacturing" for purposes of [Subsections (d)-(m) of] this
 23-1    section.
 23-2          (q)  For purposes of Subsection (b), "semiconductor
 23-3    fabrication cleanrooms and equipment" means all tangible personal
 23-4    property, without regard to whether the property is affixed to or
 23-5    incorporated into realty, used in connection with the
 23-6    manufacturing, processing, or fabrication in a cleanroom
 23-7    environment of a semiconductor product, without regard to whether
 23-8    the property is actually contained in the cleanroom environment.
 23-9    The term includes integrated systems, fixtures, and piping, all
23-10    property necessary or adapted to reduce contamination or to control
23-11    airflow, temperature, humidity, chemical purity, or other
23-12    environmental conditions or manufacturing tolerances, and
23-13    production equipment and machinery.  The term does not include the
23-14    building or a permanent, nonremovable component of the building,
23-15    that houses the cleanroom environment.  The term includes moveable
23-16    cleanroom partitions and cleanroom lighting.  "Semiconductor
23-17    fabrication cleanrooms and equipment" are not "intraplant
23-18    ["interplant] transportation equipment" [or "used incidentally in a
23-19    manufacturing, processing, or fabrication operation"] as that term
23-20    is [those terms are] used in Subsection [Subsections] (c)(1) [and
23-21    (c)(2)].
23-22          (s)  The following do not apply to the semiconductor
23-23    fabrication cleanrooms and equipment in Subsection (q):
23-24                (1)  limitations in Subsection (a)(2) that refer to
23-25    tangible personal property directly causing chemical and physical
23-26    changes to the product being manufactured, processed, or fabricated
23-27    for ultimate sale;
 24-1                (2)  Subsection (c)(1); and
 24-2                (3)  Subsection (c)(4)[(5)].
 24-3          (t)  In addition to the other items exempted under this
 24-4    section, pre-press machinery, equipment, and supplies, including
 24-5    computers, cameras, film, film developing chemicals, veloxes,
 24-6    plate-making machinery, plate metal, litho negatives, color
 24-7    separation negatives, proofs of color negatives, production art
 24-8    work, and typesetting or composition proofs, that are necessary and
 24-9    essential to and used in connection with the printing process are
24-10    exempted from the tax imposed by this chapter if they are purchased
24-11    by a person engaged in:
24-12                (1)  printing or imprinting tangible personal property
24-13    for sale; or
24-14                (2)  producing a publication for the dissemination of
24-15    news of a general character and of a general interest that is
24-16    printed on newsprint and distributed to the general public free of
24-17    charge at a daily, weekly, or other short interval.
24-18          SECTION 2.20.  Subchapter H, Chapter 151, Tax Code, is
24-19    amended by adding Section 151.3185 to read as follows:
24-20          Sec. 151.3185.  PROPERTY USED IN THE PRODUCTION OF MOTION
24-21    PICTURES OR VIDEO OR AUDIO RECORDINGS AND BROADCASTS.  (a)  The
24-22    sale, lease, or rental or storage, use, or other consumption of the
24-23    following items are exempted from the taxes imposed by this
24-24    chapter:
24-25                (1)  tangible personal property that will become an
24-26    ingredient or component part of:
24-27                      (A)  a motion picture or video or audio
 25-1    recording, a copy of which is sold or offered for ultimate sale,
 25-2    licensed, distributed, broadcast, or otherwise exhibited; or
 25-3                      (B)  a broadcast by a producer of cable programs
 25-4    or by a radio or television station licensed by the Federal
 25-5    Communications Commission;
 25-6                (2)  tangible personal property that is necessary or
 25-7    essential to and used or consumed in or during:
 25-8                      (A)  the production of a motion picture or video
 25-9    or audio recording, a copy of which is sold or offered for ultimate
25-10    sale, licensed, distributed, broadcast, or otherwise exhibited; or
25-11                      (B)  the production of a broadcast by or for a
25-12    cable program producer or by or for a radio or television station
25-13    licensed by the Federal Communications Commission; and
25-14                (3)  except as provided by Subsection (c), services
25-15    that are necessary and essential to and used directly in a
25-16    production described by Subdivision (2)(A) or (B).
25-17          (b)  The exemption includes:
25-18                (1)  cameras, film, and film developing chemicals that
25-19    are necessary and essential to and used or consumed in a production
25-20    described by Subsection (a)(2)(A) or (B);
25-21                (2)  lights, props, sets, teleprompters, microphones,
25-22    digital equipment, special effects equipment and supplies, and
25-23    other equipment that is necessary and essential to and used or
25-24    consumed directly in a production described by Subsection (a)(2)(A)
25-25    or (B); and
25-26                (3)  audio or video routing switchers located in a
25-27    studio that are necessary and essential to and used or consumed
 26-1    directly in a production described by Subsection (a)(2)(A) or (B).
 26-2          (c)  The exemption does not include:
 26-3                (1)  office equipment or supplies;
 26-4                (2)  maintenance or janitorial equipment or supplies;
 26-5                (3)  machinery, equipment, or supplies used in sales,
 26-6    transmission, or transportation activities;
 26-7                (4)  machinery, equipment, or supplies used in
 26-8    distribution activities, unless otherwise exempted by this section;
 26-9                (5)  taxable items that are used incidentally in a
26-10    production described by Subsection (a)(2)(A) or (B); or
26-11                (6)  the following taxable items, regardless of whether
26-12    they are used incidentally in a production described by Subsection
26-13    (a)(2)(A) or (B):
26-14                      (A)  telecommunications equipment and services;
26-15                      (B)  transmission equipment;
26-16                      (C)  security services;
26-17                      (D)  motor vehicle parking services; and
26-18                      (E)  food ready for immediate consumption.
26-19          (d)  A production described by Subsection (a)(2)(A) or (B)
26-20    does not include a production for broadcast that is not intended to
26-21    be broadcast to either the general public or to cable television
26-22    service subscribers or paying customers.
26-23          SECTION 2.21.  Section 151.321(a), Tax Code, is amended to
26-24    read as follows:
26-25          (a)  A taxable item sold by a qualified student organization
26-26    and for which the sales price is $5,000 or less, is exempted from
26-27    the taxes imposed by Subchapter C, except that a taxable item
 27-1    manufactured by or donated to the organization is exempt from the
 27-2    taxes imposed by Subchapter C regardless of sales price unless sold
 27-3    to the donor, if the student organization:
 27-4                (1)  sells the item at a sale that may last for one day
 27-5    only and the primary purpose of which is to raise funds for the
 27-6    organization; and
 27-7                (2)  holds not more than one sale described by
 27-8    Subdivision (1) each month for which an exemption is claimed for an
 27-9    item sold.
27-10          SECTION 2.22.  Section 151.350(d), Tax Code, is amended to
27-11    read as follows:
27-12          (d)  In this section, "restore" means:
27-13                (1)  launder, [or] clean, repair, treat, or apply
27-14    protective chemicals to an item, to the extent the service is a
27-15    personal service as defined in Section 151.0045; and
27-16                (2)  repair, restore, or remodel, to the extent the
27-17    service is:
27-18                      (A)  a real property repair or remodeling service
27-19    as defined in Section 151.0047; or
27-20                      (B)  defined as a taxable service in Section
27-21    151.0101(a)(5) [151.0101(5)].
27-22          SECTION 2.23.  Subchapter H, Chapter 151, Tax Code, is
27-23    amended by adding Section 151.354 to read as follows:
27-24          Sec. 151.354.  SERVICES BY EMPLOYEES OF PROPERTY MANAGEMENT
27-25    COMPANIES.  (a)  There are exempted from the taxes imposed by this
27-26    chapter services performed by an employee of a property management
27-27    company if:
 28-1                (1)  the employee is permanently assigned to one rental
 28-2    property by the property management company;
 28-3                (2)  the property management company is reimbursed on a
 28-4    dollar-for-dollar basis for the services provided; and
 28-5                (3)  the employee remains assigned to that property
 28-6    while employed by successive owners or management companies.
 28-7          (b)  This exemption does not apply to services performed by
 28-8    an employee for properties other than the one to which the employee
 28-9    is permanently assigned.
28-10          (c)  For purposes of this section, a person is an employee of
28-11    a property management company if either the property management
28-12    company or an affiliate of the property management company employs
28-13    the person.
28-14          (d)  The property management company must:
28-15                (1)  be contractually obligated to the property owner
28-16    to exercise control over the activities of the employee providing
28-17    the service; and
28-18                (2)  manage and direct the employee's day-to-day
28-19    activities.
28-20          (e)  The property management company or the affiliate must
28-21    pay tax on the taxable items purchased and provided to employees
28-22    providing services on managed property.
28-23          (f)  In this section, "property management company" means a
28-24    person:
28-25                (1)  who, for consideration, operates and manages all
28-26    the activities at a property held by the owner for purposes of
28-27    rental, including an office building, mall, or other retail or
 29-1    office complex, an apartment complex, a duplex, or a home; and
 29-2                (2)  whose responsibilities include securing tenants,
 29-3    hiring, and supervising employees for operation or upkeep of the
 29-4    property, receiving and applying revenues, and incurring and paying
 29-5    expenses derived from the operation of the property as directed by
 29-6    the owner.
 29-7          (g)  In this section, a corporation, limited liability
 29-8    company, partnership, trust, or estate is an affiliate of the
 29-9    property management company if an 80 percent ownership interest in
29-10    the property management company or the corporation, limited
29-11    liability company, partnership, trust, or estate is held by the
29-12    other, or if a third person has an 80 percent ownership interest
29-13    either directly or indirectly in both the property management
29-14    company and the corporation, limited liability company,
29-15    partnership, trust, or estate.
29-16          SECTION 2.24.  Section 151.426, Tax Code, is amended by
29-17    amending Subsection (c) and adding Subsections (e), (f), (g), (h),
29-18    (i), and (j) to read as follows:
29-19          (c)  Subject to Subsection (e), a [A] retailer or any person
29-20    who extends credit to a purchaser under a retailer's private label
29-21    credit agreement, or an assignee or affiliate of either, is
29-22    entitled to credit or reimbursement for taxes paid on the portion
29-23    of:
29-24                (1)  an account determined to be worthless and actually
29-25    charged off for federal income tax purposes; or
29-26                (2)  the remaining unpaid sales price of a taxable item
29-27    when the item is repossessed under a conditional sales contract.
 30-1          (e)  A person is entitled to a credit or reimbursement
 30-2    provided by Subsection (c) only if:
 30-3                (1)  the retailer:
 30-4                      (A)  has a valid sales or use tax permit; and
 30-5                      (B)  remits the tax for which the credit or
 30-6    reimbursement is sought;
 30-7                (2)  all payments on an account are prorated between
 30-8    taxable and nontaxable charges; and
 30-9                (3)  the retailer or person claiming the credit or
30-10    reimbursement provides detailed records outlining:
30-11                      (A)  the amount the purchaser contracted to pay;
30-12                      (B)  taxable and nontaxable charges;
30-13                      (C)  the tax collected and remitted;
30-14                      (D)  the unpaid portion of the sales price
30-15    assigned; and
30-16                      (E)  the taxpayer number of the seller who
30-17    collected and remitted the tax.
30-18          (f)  A person whose volume and character of uncollectible
30-19    accounts warrants an alternative method of substantiating the
30-20    reimbursement or credit may:
30-21                (1)  maintain records other than the records specified
30-22    in Subsection (e) if:
30-23                      (A)  the records fairly and equitably apportion
30-24    taxable and nontaxable elements of a bad debt and compute the
30-25    amount of sales tax imposed and remitted with respect to the
30-26    taxable charges remaining unpaid on the debt; and
30-27                      (B)  the comptroller approves the procedures
 31-1    used; or
 31-2                (2)  implement a system to report its future tax
 31-3    responsibilities based on a historical percentage calculated from a
 31-4    sample of transactions if:
 31-5                      (A)  the system utilizes records provided by the
 31-6    person claiming the credit or reimbursement; and
 31-7                      (B)  the comptroller approves the procedures
 31-8    used.
 31-9          (g)  The comptroller may revoke the authorization to report
31-10    under Subsection (f)(2) if the comptroller determines that the
31-11    percentage being used is no longer representative because of:
31-12                (1)  a change in law, including a change in the
31-13    interpretation of an existing law or rule; or
31-14                (2)  a change in the taxpayer's business operations.
31-15          (h)  A person claiming a credit or reimbursement under this
31-16    section shall remit tax on any payments received on an account that
31-17    has been written off and claimed as a bad debt.
31-18          (i)  A person who is not a retailer may claim a credit or
31-19    reimbursement authorized by Subsection (c) only for taxes imposed
31-20    by Section 151.051 or 151.101.
31-21          (j)  For purposes of this section, "affiliate" means any
31-22    entity or entities that would be classified as a member of an
31-23    affiliated group under 26 U.S.C.  Section 1504.
31-24          SECTION 2.25.  Sections 151.429(d) and (g), Tax Code, are
31-25    amended to read as follows:
31-26          (d)  To receive a refund under this section, an enterprise
31-27    project must apply to the comptroller for the refund.  The Texas
 32-1    Department of Economic Development [department of commerce] shall
 32-2    provide the comptroller with the assistance that the comptroller
 32-3    requires in administering this section.
 32-4          (g)  The refund provided by this section is conditioned on
 32-5    the enterprise project maintaining at least the same level of
 32-6    employment of qualified employees as existed at the time it
 32-7    qualified for a refund for a period of three years from that date.
 32-8    The Texas Department of Economic Development [Commerce] shall
 32-9    annually certify to the comptroller and the Legislative Budget
32-10    Board whether that level of employment of qualified employees has
32-11    been maintained.  On the Texas Department of Economic Development
32-12    [Commerce] certifying that such a level has not been maintained,
32-13    the comptroller shall assess that portion of the refund
32-14    attributable to any such decrease in employment, including penalty
32-15    and interest from the date of the refund.
32-16          SECTION 2.26.  Section 151.429(e)(1), Tax Code, is amended to
32-17    read as follows:
32-18                (1)  "Enterprise project" means a person designated by
32-19    the Texas Department of Economic Development [Commerce] as an
32-20    enterprise project under Chapter 2303, Government Code.
32-21          SECTION 2.27.  Sections 151.4291(d) and (g), Tax Code, are
32-22    amended to read as follows:
32-23          (d)  To receive a refund under this section, a defense
32-24    readjustment project must apply to the comptroller for the refund.
32-25    The Texas Department of Economic Development [Commerce] shall
32-26    provide the  comptroller with the assistance that the comptroller
32-27    requires in administering this section.
 33-1          (g)  The refund provided by this section is conditioned on
 33-2    the defense readjustment project maintaining at least the same
 33-3    level of employment of qualified employees as existed at the time
 33-4    it qualified for a refund for a period of three years from that
 33-5    date.  The Texas Department of Economic Development [Commerce]
 33-6    shall annually certify to the comptroller and the Legislative
 33-7    Budget Board whether that level of employment of qualified
 33-8    employees has been maintained.  On the Texas Department of Economic
 33-9    Development [Commerce] certifying that such a level has not been
33-10    maintained, the comptroller shall assess that portion of the refund
33-11    attributable to any such decrease in employment, including penalty
33-12    and interest from the date of the refund.
33-13          SECTION 2.28.  Section 151.4291(e)(1), Tax Code, is amended
33-14    to read as follows:
33-15                (1)  "Defense readjustment project" means a person
33-16    designated by the Texas Department of Economic Development
33-17    [Commerce] as a defense readjustment project under Chapter 2310,
33-18    Government Code.
33-19          SECTION 2.29.  Section 151.431(a), Tax Code, is amended to
33-20    read as follows:
33-21          (a)  A qualified business operating in the enterprise zone's
33-22    jurisdiction for at least three consecutive years may apply for and
33-23    be granted a onetime refund of sales and use tax paid by the
33-24    qualified business after certification of the qualified business as
33-25    provided by Subsection (b) of this section to a vendor or directly
33-26    to the state for the purchase of equipment or machinery sold to the
33-27    business for use in an enterprise zone if the governing body or
 34-1    bodies certify to the Texas Department of Economic Development
 34-2    [Commerce] that the business is retaining 10 or more jobs held by
 34-3    qualified employees during the year.  For the purposes of this
 34-4    subsection "job" means an existing employment position of a
 34-5    qualified business that has provided employment to a qualified
 34-6    employee of at least 1,820 hours annually.
 34-7          SECTION 2.30.  Section 152.002, Tax Code, is amended by
 34-8    adding Subsection (d) to read as follows:
 34-9          (d)  A person who holds a lessor license under the Texas
34-10    Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
34-11    Civil Statutes) or is specifically not required to obtain a lessor
34-12    license under Section 4.01(a) of that Act may deduct the fair
34-13    market value of a replaced motor vehicle that has been leased for
34-14    longer than 180 days and is titled to another person if:
34-15                (1)  either person:
34-16                      (A)  holds a beneficial ownership interest in the
34-17    other person of at least 80 percent; or
34-18                      (B)  acquires all of its vehicles exclusively
34-19    from franchised dealers whose franchisor shares common ownership
34-20    with the other person; and
34-21                (2)  the replaced motor vehicle is offered for sale.
34-22          SECTION 2.31.  Section 152.041, Tax Code, is amended by
34-23    adding Subsection (e) to read as follows:
34-24          (e)  If a motor vehicle title applicant has paid the tax to
34-25    the seller who is required by this chapter to collect the tax and
34-26    the seller has failed to remit the tax to the county tax
34-27    assessor-collector, the tax assessor-collector may accept
 35-1    application for title to the motor vehicle without the payment of
 35-2    additional tax by the applicant.  Before title to the motor vehicle
 35-3    may be issued under these circumstances, the motor vehicle title
 35-4    applicant must present satisfactory documentation to the tax
 35-5    assessor-collector that the tax was paid.  The county tax
 35-6    assessor-collector shall notify the comptroller in writing of the
 35-7    seller's failure to remit the tax.  The notice must:
 35-8                (1)  be made before the 31st day after the date the
 35-9    application for title is accepted;
35-10                (2)  contain the name and address of the seller; and
35-11                (3)  include any documentation of the payment of the
35-12    tax provided to the county tax assessor-collector by the motor
35-13    vehicle title applicant.
35-14          SECTION 2.32.  Sections 153.117(a), (b), (d), and (h), Tax
35-15    Code, are amended to read as follows:
35-16          (a)  A distributor shall keep a record showing the number of
35-17    gallons of:
35-18                (1)  all gasoline inventories on hand at the first of
35-19    each month;
35-20                (2)  all gasoline refined, compounded, or blended;
35-21                (3)  all gasoline purchased or received, showing the
35-22    name of the seller and date of each purchase or receipt;
35-23                (4)  all gasoline sold, distributed, or used, showing
35-24    the name of the purchaser and the date of the sale or use; and
35-25                (5)  all gasoline lost by fire, theft, or [other]
35-26    accident.
35-27          (b)  A dealer shall keep a record showing the number of
 36-1    gallons of:
 36-2                (1)  gasoline inventories on hand at the first of each
 36-3    month;
 36-4                (2)  all gasoline purchased or received, showing the
 36-5    name of the seller and the date of each purchase or receipt;
 36-6                (3)  all gasoline sold or used, showing the date of the
 36-7    sale or use; and
 36-8                (4)  all gasoline lost by fire, theft, or [other]
 36-9    accident.
36-10          (d)  An aviation fuel dealer shall keep a record showing the
36-11    number of gallons of:
36-12                (1)  all gasoline inventories on hand at the first of
36-13    each month;
36-14                (2)  all gasoline purchased or received, showing the
36-15    name of the seller and date of each purchase or receipt;
36-16                (3)  all gasoline sold or used in aircraft or aircraft
36-17    servicing equipment; and
36-18                (4)  all gasoline lost by fire, theft, or [other]
36-19    accident.
36-20          (h)  A gasoline jobber shall keep a record showing the number
36-21    of gallons of:
36-22                (1)  all gasoline inventories on hand at the first of
36-23    each month;
36-24                (2)  all gasoline purchased or received, showing the
36-25    name of the seller and date of each purchase or receipt;
36-26                (3)  all gasoline sold, distributed, or used, showing
36-27    the name of the purchaser and the date of the sale or use; and
 37-1                (4)  all gasoline lost by fire, theft, or [other]
 37-2    accident.
 37-3          SECTION 2.33.  Sections 153.119(a) and (e), Tax Code, are
 37-4    amended to read as follows:
 37-5          (a)  A person who exports, sells to the federal government,
 37-6    to a public school district in this state, or to a commercial
 37-7    transportation company for exclusive use in providing public school
 37-8    transportation services to a school district under Section 34.008,
 37-9    Education Code, without having added the amount of the tax imposed
37-10    by this chapter to his selling price, loses by fire, theft, or
37-11    [other] accident, or uses gasoline for the purpose of operating or
37-12    propelling a motorboat, tractor used for agricultural purposes, or
37-13    stationary engine, or for another purpose except in a vehicle
37-14    operated or intended to be operated on the public highways of this
37-15    state, and who has paid the tax imposed on gasoline by this chapter
37-16    either directly or indirectly is, when the person has complied with
37-17    the invoice and filing provisions of this section and the rules of
37-18    the comptroller, entitled to reimbursement of the tax paid by him,
37-19    less a filing fee and any amount allowed distributors[, wholesalers
37-20    or jobbers, dealers, or others] under Section 153.105(e)
37-21    [153.105(c)] of this code.  A public school district that has paid
37-22    the tax imposed under this chapter on gasoline used by the district
37-23    or a commercial transportation company that has paid the tax
37-24    imposed under this chapter on gasoline used by the company
37-25    exclusively to provide public school transportation services to a
37-26    school district under Section 34.008, Education Code, is entitled
37-27    to reimbursement of the amount of the tax paid in the same manner
 38-1    and subject to the same procedures as other exempted users.
 38-2          (e)  A person who exports or loses by fire, theft, or [other]
 38-3    accident 100 or more gallons of gasoline on which the tax has been
 38-4    paid, or sells gasoline in any quantity to the United States
 38-5    government for the exclusive use of that government on which the
 38-6    tax has been paid, may file a claim for a refund of the net tax
 38-7    paid to the state in the manner provided by this chapter or as the
 38-8    comptroller may direct.
 38-9          SECTION 2.34.  Section 153.121(a), Tax Code, is amended to
38-10    read as follows:
38-11          (a)  Except as provided by this section, a claim for a refund
38-12    must be filed with the comptroller within one year after the first
38-13    day of the calendar month following the purchase, use, delivery,
38-14    export, or loss by fire, theft, or [other] accident of gasoline,
38-15    whichever period expires latest.
38-16          SECTION 2.35.  Section 153.206, Tax Code, is amended by
38-17    adding Subsection (j) to read as follows:
38-18          (j)  In each subsequent sale of diesel fuel on which the tax
38-19    has been collected, the amount of the tax shall be added to the
38-20    selling price  so that the tax is paid ultimately by the person
38-21    using or consuming the diesel fuel for the purpose of propelling a
38-22    vehicle on the public highways of this state.
38-23          SECTION 2.36.  Sections 153.219(a), (b), (c), (d), and (i),
38-24    Tax Code, are amended to read as follows:
38-25          (a)  A supplier shall keep a record showing the number of
38-26    gallons of:
38-27                (1)  all diesel fuel inventories on hand at the first
 39-1    of each month;
 39-2                (2)  all diesel fuel refined, compounded, or blended;
 39-3                (3)  all diesel fuel purchased or received, showing the
 39-4    name of the seller, and the date of each purchase or receipt;
 39-5                (4)  all diesel fuel sold, distributed, or used showing
 39-6    the name of the purchaser and the date of sale, distribution, or
 39-7    use; and
 39-8                (5)  all diesel fuel lost by fire, theft, or [other]
 39-9    accident.
39-10          (b)  A dealer shall keep a record showing the number of
39-11    gallons of:
39-12                (1)  all diesel fuel inventories on hand at the first
39-13    of each month;
39-14                (2)  all diesel fuel purchased or received, showing the
39-15    name of the seller, the date of each purchase or receipt;
39-16                (3)  all diesel fuel sold, distributed, or used; and
39-17                (4)  all diesel fuel lost by fire, theft, or [other]
39-18    accident.
39-19          (c)  A bonded user or other user with nonhighway equipment
39-20    uses who files a claim for a refund shall keep a record showing the
39-21    number of gallons of:
39-22                (1)  inventories of all diesel fuel on hand at the
39-23    first of each month;
39-24                (2)  all diesel fuel purchased or received, showing the
39-25    name of the seller and the date of each purchase;
39-26                (3)  all diesel fuel deliveries into the fuel supply
39-27    tanks of motor vehicles;
 40-1                (4)  diesel fuel used for other purposes, showing the
 40-2    purpose for which used; and
 40-3                (5)  all diesel fuel lost by fire, theft, or [other]
 40-4    accident.
 40-5          (d)  An aviation fuel dealer shall keep a record showing the
 40-6    number of gallons of:
 40-7                (1)  all diesel fuel inventories on hand at the first
 40-8    of each month;
 40-9                (2)  all diesel fuel purchased or received, showing the
40-10    name of the seller and the date of each purchase or receipt;
40-11                (3)  all diesel fuel sold, distributed, or used in
40-12    aircraft or aircraft servicing equipment; and
40-13                (4)  diesel fuel lost by fire, theft, or [other]
40-14    accident.
40-15          (i)  A diesel fuel jobber shall keep a record showing the
40-16    number of gallons of:
40-17                (1)  all diesel fuel inventories on hand at the first
40-18    of each month;
40-19                (2)  all diesel fuel purchased or received, showing the
40-20    name of the seller and date of each purchase or receipt;
40-21                (3)  all diesel fuel sold, distributed, or used,
40-22    showing the name of the purchaser and the date of the sale or use;
40-23    and
40-24                (4)  all diesel fuel lost by fire, theft, or [other]
40-25    accident.
40-26          SECTION 2.37.  Section 153.222(e), Tax Code, is amended to
40-27    read as follows:
 41-1          (e)  A person who exports or loses by fire, theft, or [other]
 41-2    accident 100 or more gallons of diesel fuel on which the tax has
 41-3    been paid, or who sells diesel fuel in any quantity to the United
 41-4    States for its exclusive use on which the tax has been paid, may
 41-5    file a claim for a refund of the net tax paid to the state as the
 41-6    comptroller may direct.
 41-7          SECTION 2.38.  Section 153.224(a), Tax Code, is amended to
 41-8    read as follows:
 41-9          (a)  Except as provided by this section, a claim for a refund
41-10    must be filed with the comptroller within one year after the first
41-11    day of the calendar month following the purchase, use, delivery,
41-12    export, or loss by fire, theft, or [other] accident of diesel fuel,
41-13    whichever period expires latest.
41-14          SECTION 2.39.  Sections 154.114(c) and (g), Tax Code, are
41-15    amended to read as follows:
41-16          (c)  The comptroller shall deliver [mail] the written notice
41-17    by personal service or by [certified] mail[, return receipt
41-18    requested,] to the permit holder's mailing address as it appears on
41-19    the comptroller's records.  Service by mail is complete when the
41-20    notice is deposited with [received, as evidenced by return receipt
41-21    from] the U.S. Postal Service.
41-22          (g)  If the comptroller suspends or revokes a permit, the
41-23    comptroller shall provide written notice of the suspension or
41-24    revocation, within a reasonable time, to each distributor and
41-25    wholesaler permit holder in the state.  A distributor or wholesaler
41-26    permit holder violates Section 154.1015(a) by selling or
41-27    distributing cigarettes to a person whose permit has been suspended
 42-1    or revoked only after the distributor or wholesaler permit holder
 42-2    receives written notice of the suspension or revocation from the
 42-3    comptroller.
 42-4          SECTION 2.40.  Section 154.210(a), Tax Code, is amended to
 42-5    read as follows:
 42-6          (a)  A distributor shall deliver to the comptroller, on or
 42-7    before the last [15th] day of each month, a report for the
 42-8    preceding month.
 42-9          SECTION 2.41.  Section 154.308(b), Tax Code, is amended to
42-10    read as follows:
42-11          (b)  On making a deficiency determination, the comptroller
42-12    shall notify the person by [certified] mail or personal service[,
42-13    return receipt requested].  Service by mail is complete when the
42-14    notice is deposited with [received, as evidenced by return receipt
42-15    from] the U.S. Postal Service.
42-16          SECTION 2.42.  Sections 154.309(b) and (d), Tax Code, are
42-17    amended to read as follows:
42-18          (b)  A written request for redetermination must be filed at
42-19    the office of the comptroller not later than the 30th [15th
42-20    working] day after the date notice of deficiency is issued
42-21    [received].  If a written request for redetermination is not filed
42-22    as required by this subsection, the determination is final.
42-23          (d)  The comptroller shall give notice of a redetermination
42-24    hearing by personal service or by [certified] mail[, return receipt
42-25    requested].  Service by mail is complete when the notice is
42-26    deposited with [received, as evidenced by return receipt from] the
42-27    U.S. Postal Service.
 43-1          SECTION 2.43.  Section 155.059(c), Tax Code, is amended to
 43-2    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 in
 43-6    the comptroller's records.  Service by mail is complete when the
 43-7    notice is deposited with [received, as evidenced by the return
 43-8    receipt from] the United States Postal Service.
 43-9          SECTION 2.44.  Section 155.103(b), Tax Code, is amended to
43-10    read as follows:
43-11          (b)  A manufacturer who sells tobacco products to a permit
43-12    holder in this state shall file with the comptroller, on or before
43-13    the last [15th] day of each month, a report showing the information
43-14    listed in Subsection (a) for the previous month.
43-15          SECTION 2.45.  Section 155.111(a), Tax Code, is amended to
43-16    read as follows:
43-17          (a)  A distributor shall file with the comptroller on or
43-18    before the last [30th] day of each month, a report for the
43-19    preceding month.
43-20          SECTION 2.46.  Section 155.185(b), Tax Code, is amended to
43-21    read as follows:
43-22          (b)  On making a deficiency determination, the comptroller
43-23    shall notify the person by personal service or by [certified]
43-24    mail[, return receipt requested].  Service by mail is complete when
43-25    the notice is deposited with [received, as evidenced by return
43-26    receipt from] the U.S. Postal Service.
43-27          SECTION 2.47.  Sections 155.186(b) and (d), Tax Code, are
 44-1    amended to read as follows:
 44-2          (b)  A written request for redetermination must be filed at
 44-3    the office of the comptroller not later than the 30th [15th
 44-4    working] day after the date notice of deficiency is issued
 44-5    [received].  If a written request for redetermination is not filed
 44-6    as required by this subsection, the determination is final.
 44-7          (d)  The comptroller shall give notice of a redetermination
 44-8    hearing by personal service or by [certified] mail[, return receipt
 44-9    requested].  Service by mail is complete when the notice is
44-10    deposited with [received, as evidenced by return receipt from] the
44-11    U.S. Postal Service.
44-12          SECTION 2.48.  Section 156.102, Tax Code, is amended to read
44-13    as follows:
44-14          Sec. 156.102.  EXCEPTION--RELIGIOUS, CHARITABLE, OR
44-15    EDUCATIONAL ORGANIZATION.  (a)  This chapter does not impose a tax
44-16    on a corporation or association that is organized and operated
44-17    exclusively for a religious, charitable, or educational purpose if
44-18    no part of the net earnings of the corporation or association inure
44-19    to the benefit of a private shareholder or individual.
44-20          (b)  For purposes of this section, an institution of higher
44-21    education is organized and operated exclusively for an educational
44-22    purpose only if the institution is defined as an institution of
44-23    higher education under any subdivision of Section 61.003, Education
44-24    Code.
44-25          SECTION 2.49.  Sections 156.103(a), (b), (c), and (d), Tax
44-26    Code, are amended to read as follows:
44-27          (a)  This [Subject to this section, this] chapter does not
 45-1    impose a tax on:
 45-2                (1)  the United States;
 45-3                (2)  a governmental entity of the United States[, this
 45-4    state, or an agency, institution, board, or commission of this
 45-5    state other than an institution of higher education;]
 45-6                [(2)  an officer or employee of a state governmental
 45-7    entity described by Subdivision (1) when traveling on or otherwise
 45-8    engaged in the course of official duties for the governmental
 45-9    entity]; or
45-10                (3)  an officer or employee of a governmental entity of
45-11    the United States when traveling on or otherwise engaged in the
45-12    course of official duties for the governmental entity [if the
45-13    governmental entity directly pays to the hotel the price for the
45-14    room].
45-15          (b)  This state, or an agency, institution, board, or
45-16    commission of this state other than an institution of higher
45-17    education [A governmental entity otherwise excepted under this
45-18    section] shall pay the tax imposed by this chapter and is entitled
45-19    to a refund of the amount of tax paid in accordance with Section
45-20    156.154.
45-21          (c)  A state officer or employee of a state governmental
45-22    entity described by Subsection (b) [(a)(2)] who is entitled to
45-23    reimbursement for the cost of lodging and for whom a special
45-24    provision or exception to the general rate of reimbursement under
45-25    the General Appropriations Act is not applicable shall pay the tax
45-26    imposed by [under] this chapter [as if it were imposed by this
45-27    chapter].  The state governmental entity with whom the person is
 46-1    associated is entitled under Section 156.154 to a refund of the tax
 46-2    paid.
 46-3          (d)  A state officer or employee of a state governmental
 46-4    entity described by Subsection (b) [(a)(2)] for whom a special
 46-5    provision or exception to the general rate of reimbursement under
 46-6    the General Appropriations Act applies and who is provided with
 46-7    photo identification verifying the identity and exempt status of
 46-8    the person is not required to pay the tax and is not entitled to a
 46-9    refund.  The photo identification of a state officer or employee
46-10    described by this section may be modified for the purposes of this
46-11    section.
46-12          SECTION 2.50.  Section 171.063, Tax Code, is amended by
46-13    amending Subsection (a) and adding Subsection (h) to read as
46-14    follows:
46-15          (a)  The following corporations are exempt from the franchise
46-16    tax:
46-17                (1)  a nonprofit corporation exempted from the federal
46-18    income tax under Section 501(c)(3), (4), (5), (6), (7), (8), (10),
46-19    or (19), Internal Revenue Code which in the case of a nonprofit
46-20    hospital means a hospital providing community benefits that include
46-21    charity care and government-sponsored indigent health care
46-22    [community benefits] as set forth in Subchapter D, Chapter 311,
46-23    Health and Safety Code; [Paragraph (A), (B), (C), (D), (E), (F), or
46-24    (G):]
46-25                      [(A)  charity care and government-sponsored
46-26    indigent health care are provided at a level which is reasonable in
46-27    relation to the community needs, as determined through the
 47-1    community needs assessment, the available resources of the hospital
 47-2    or hospital system, and the tax-exempt benefits received by the
 47-3    hospital or hospital system;]
 47-4                      [(B)  charity care and government-sponsored
 47-5    indigent health care are provided in an amount equal to at least
 47-6    four percent of the hospital's or hospital system's net patient
 47-7    revenue;]
 47-8                      [(C)  charity care and government-sponsored
 47-9    indigent health care are provided in an amount equal to at least
47-10    100 percent of the hospital's or hospital system's tax-exempt
47-11    benefits, excluding federal income tax;]
47-12                      [(D)  for tax periods beginning before January 1,
47-13    1996, charity care and community benefits are provided in a
47-14    combined amount equal to at least five percent of the hospital's
47-15    net patient revenue, provided that charity care and
47-16    government-sponsored indigent health care are provided in an amount
47-17    equal to at least three percent of net patient revenue;]
47-18                      [(E)  for tax periods beginning after December
47-19    31, 1995, charity care and community benefits are provided in a
47-20    combined amount equal to at least five percent of the hospital's or
47-21    hospital system's net patient revenue, provided that charity care
47-22    and government-sponsored indigent health care are provided in an
47-23    amount equal to at least four percent of net patient revenue;]
47-24                      [(F)  a nonprofit hospital that has been
47-25    designated as a disproportionate share hospital under the state
47-26    Medicaid program in the current year or in either of the previous
47-27    two fiscal years is considered to have provided a reasonable amount
 48-1    of charity care and government-sponsored indigent health care and
 48-2    is considered in compliance with the standards provided by this
 48-3    subsection; or]
 48-4                      [(G)  a hospital operated on a nonprofit basis
 48-5    that is located in a county with a population of less than 50,000
 48-6    and in which the entire county or the population of the entire
 48-7    county has been designated as a health professionals shortage area
 48-8    is considered in compliance with the standards provided by this
 48-9    subsection;]
48-10                (2)  a corporation exempted under Section 501(c)(2) or
48-11    (25), Internal Revenue Code, if the corporation or corporations for
48-12    which it holds title to property is either exempt from or not
48-13    subject to the franchise tax; and
48-14                (3)  a corporation exempted from federal income tax
48-15    under Section 501(c)(16), Internal Revenue Code[; and]
48-16                [(4)  a nonprofit corporation exempted from the federal
48-17    income tax under Section 501(c)(3), Internal Revenue Code, that
48-18    does not receive any payment for providing health care services to
48-19    inpatients or outpatients from any source including but not limited
48-20    to the patient or person legally obligated to support the patient,
48-21    third-party payors, Medicare, Medicaid, or any other state or local
48-22    indigent care program.  Payment for providing health care services
48-23    does not include charitable donations, legacies, bequests, or
48-24    grants or payments for research.]
48-25          [For purposes of satisfying Paragraph (E) of Subdivision (1),
48-26    a hospital or hospital system may not change its existing fiscal
48-27    year unless the hospital or hospital system changes its ownership
 49-1    or corporate structure as a result of a sale or merger.]
 49-2          [For purposes of this subsection, a hospital that satisfies
 49-3    Paragraph (A), (F), or (G) of Subdivision (1) shall be excluded in
 49-4    determining a hospital system's compliance with the standards
 49-5    provided by Paragraph (B), (C), (D), or (E) of Subdivision (1).]
 49-6          [For purposes of this subsection, the terms "charity care,"
 49-7    "government-sponsored indigent health care," "health care
 49-8    organization," "hospital system," "net patient revenue," "nonprofit
 49-9    hospital," and "tax-exempt benefits" have the meanings set forth in
49-10    Sections 311.031 and 311.042, Health and Safety Code.  A
49-11    determination of the amount of community benefits and charity care
49-12    and government-sponsored indigent health care provided by a
49-13    hospital or hospital system and the hospital's or hospital system's
49-14    compliance with the requirements of Section 311.045, Health and
49-15    Safety Code, shall be based on the most recently completed and
49-16    audited prior fiscal year of the hospital or hospital system.]
49-17          [A requirement that a nonprofit hospital provide charity care
49-18    and community benefits under this subsection may be satisfied by a
49-19    donation of money to the Texas Healthy Kids Corporation established
49-20    by Chapter 109, Health and Safety Code, provided that:]
49-21                [(1)  the money is donated to be used for a purpose
49-22    described by Section 109.033(c), Health and Safety Code; and]
49-23                [(2)  not more than 10 percent of the charity care
49-24    required under any provision of this subsection may be satisfied by
49-25    the donation.]
49-26          [The providing of charity care and government-sponsored
49-27    indigent health care in accordance with Paragraph (A) of
 50-1    Subdivision (1) shall be guided by the prudent business judgment of
 50-2    the hospital which will ultimately determine the appropriate level
 50-3    of charity care and government-sponsored indigent health care based
 50-4    on the community needs, the available resources of the hospital,
 50-5    the tax-exempt benefits received by the hospital, and other factors
 50-6    that may be unique to the hospital, such as the hospital's volume
 50-7    of Medicare and Medicaid patients.  These criteria shall not be
 50-8    determinative factors, but shall be guidelines contributing to the
 50-9    hospital's decision along with other factors which may be unique to
50-10    the hospital.  The formulas contained in Paragraphs (B), (C), (D),
50-11    and (E) of Subdivision (1) shall also not be considered
50-12    determinative of a reasonable amount of charity care and
50-13    government-sponsored indigent health care.]
50-14          [The requirements of this subsection shall not apply to the
50-15    extent a hospital or hospital system demonstrates that reductions
50-16    in the amount of community benefits, charity care, and
50-17    government-sponsored indigent health care are necessary to maintain
50-18    financial reserves at a level required by a bond  covenant, are
50-19    necessary to prevent the hospital or hospital system from
50-20    endangering its ability to continue operations, or if the hospital,
50-21    as a result of a natural or other disaster, is required
50-22    substantially to curtail its operations.]
50-23          [In any fiscal year that a hospital or hospital system,
50-24    through unintended miscalculation, fails to meet any of the
50-25    standards in Subdivision (1), the hospital or hospital system shall
50-26    not lose its tax-exempt status without the opportunity to cure the
50-27    miscalculation in the fiscal year following the fiscal year the
 51-1    failure is discovered by both meeting one of the standards and
 51-2    providing an additional amount of charity care and
 51-3    government-sponsored indigent health care that is equal to the
 51-4    shortfall from the previous fiscal year.  A hospital or hospital
 51-5    system may apply this provision only once every five years].
 51-6          (h)  A requirement that a nonprofit hospital provide charity
 51-7    care and community benefits under Subsection (a)(1) may be
 51-8    satisfied by a donation of money to the Texas Healthy Kids
 51-9    Corporation established by Chapter 109, Health and Safety Code, if:
51-10                (1)  the money is donated to be used for a purpose
51-11    described by Section 109.033(c), Health and Safety Code; and
51-12                (2)  not more than 10 percent of the charity care
51-13    required under any provision of Section 311.045, Health and Safety
51-14    Code, may be satisfied by the donation.
51-15          SECTION 2.51.  Sections 171.063(c) and (d), Tax Code, are
51-16    amended to read as follows:
51-17          (c)  A corporation's exemption under Subsection (b) of this
51-18    section is established by furnishing the comptroller with a copy of
51-19    the Internal Revenue Service's letter of exemption issued to the
51-20    corporation.  [The copy of the letter must be filed with the
51-21    comptroller within 15 months after the day that is the last day of
51-22    a calendar month and that is nearest to the date of the
51-23    corporation's charter or certificate of authority.]
51-24          (d)  If the Internal Revenue Service has not timely issued to
51-25    a corporation a letter of exemption, evidence establishing the
51-26    corporation's provisional exemption under this section is
51-27    sufficient if the corporation timely files with the comptroller
 52-1    [within the 15-month period established by Subsection (c) of this
 52-2    section] evidence that the corporation has applied in good faith
 52-3    for the federal tax exemption.  The evidence must be filed not
 52-4    later than the 15th month after the day that is the last day of a
 52-5    calendar month and that is nearest to the date of the corporation's
 52-6    charter or certificate of authority.
 52-7          SECTION 2.52.  The heading of Subchapter C, Chapter 171, Tax
 52-8    Code, is amended to read as follows:
 52-9              SUBCHAPTER C.  DETERMINATION OF TAXABLE CAPITAL
52-10         AND TAXABLE EARNED SURPLUS; ALLOCATION AND APPORTIONMENT
52-11          SECTION 2.53.  The heading of Section 171.1015, Tax Code, is
52-12    amended to read as follows:
52-13          Sec. 171.1015.  REDUCTION OF TAXABLE CAPITAL OR TAXABLE
52-14    EARNED SURPLUS FOR INVESTMENT IN AN ENTERPRISE ZONE.
52-15          SECTION 2.54.  Section 171.1015(f)(1), Tax Code, is amended
52-16    to read as follows:
52-17                (1)  "Enterprise project" means a person designated by
52-18    the Texas Department of Economic Development [Commerce] as an
52-19    enterprise project under Chapter 2303, Government Code.
52-20          SECTION 2.55.  Section 171.1015(g), Tax Code, is amended to
52-21    read as follows:
52-22          (g)  Only qualified businesses that have been certified as
52-23    eligible for a tax deduction under this section by the Texas
52-24    Department of Economic Development [Commerce] to the comptroller
52-25    and the Legislative Budget Board are entitled to the tax deduction.
52-26          SECTION 2.56.  The heading of Section 171.1016, Tax Code, is
52-27    amended to read as follows:
 53-1          Sec. 171.1016.  REDUCTION OF TAXABLE CAPITAL OR TAXABLE
 53-2    EARNED SURPLUS FOR INVESTMENT IN A READJUSTMENT ZONE.
 53-3          SECTION 2.57.  Section 171.1016(f)(1), Tax Code, is amended
 53-4    to read as follows:
 53-5                (1)  "Defense readjustment project" means a person
 53-6    designated by the Texas Department of Economic Development
 53-7    [Commerce] as a defense readjustment project under Chapter 2310,
 53-8    Government Code.
 53-9          SECTION 2.58.  Section 171.1016(g), Tax Code, is amended to
53-10    read as follows:
53-11          (g)  Only qualified businesses that have been certified as
53-12    eligible for a tax deduction under this section by the Texas
53-13    Department of Economic Development [Commerce] to the comptroller
53-14    and the Legislative Budget Board are entitled to the tax deduction.
53-15          SECTION 2.59.  The heading of Section 171.107, Tax Code, is
53-16    amended to read as follows:
53-17          Sec. 171.107.  DEDUCTION OF COST OF SOLAR ENERGY DEVICE FROM
53-18    TAXABLE CAPITAL OR TAXABLE EARNED SURPLUS APPORTIONED TO THIS
53-19    STATE.
53-20          SECTION 2.60.  Section 171.110, Tax Code, is amended by
53-21    adding Subsections (i) and (j) to read as follows:
53-22          (i)  For purposes of this section, any person designated as
53-23    an officer is presumed to be an officer if that person:
53-24                (1)  holds an office created by the board of directors
53-25    or under the corporate charter or bylaws; and
53-26                (2)  has legal authority to bind the corporation with
53-27    third parties by executing contracts or other legal documents.
 54-1          (j)  A corporation may rebut the presumption described in
 54-2    Subsection (i) that a person is an officer if it conclusively
 54-3    shows, through the person's job description or other documentation,
 54-4    that the person does not participate or have authority to
 54-5    participate in significant policy making aspects of the corporate
 54-6    operations.
 54-7          SECTION 2.61.  Section 171.501(a), Tax Code, is amended to
 54-8    read as follows:
 54-9          (a)  A corporation that has been certified a qualified
54-10    business as provided by Chapter 2303, Government Code may apply for
54-11    and be granted a refund of franchise tax paid with an initial or
54-12    annual report if the governing body or bodies certify to the Texas
54-13    Department of Economic Development [Commerce] that the business has
54-14    created 10 or more new jobs in its enterprise zone held by
54-15    qualified employees during the calendar year that contains the end
54-16    of the accounting period on which the report is based.  The Texas
54-17    Department of Economic Development [Commerce] shall certify
54-18    eligibility for any refund to the comptroller.
54-19          SECTION 2.62.  The heading of Subchapter C, Chapter 183, Tax
54-20    Code, is amended to read as follows:
54-21            SUBCHAPTER C.  MIXED BEVERAGE TAX CLEARANCE [FUND]
54-22          SECTION 2.63.  The heading of Section 183.051, Tax Code, is
54-23    amended to read as follows:
54-24          Sec. 183.051.  MIXED BEVERAGE TAX CLEARANCE [FUND].
54-25          SECTION 2.64.  Section 183.051(b), Tax Code, is amended to
54-26    read as follows:
54-27          (b)  The comptroller shall issue to each county described in
 55-1    Subsection (a) a warrant drawn on the general revenue [mixed
 55-2    beverage tax clearance] fund in an [the] amount appropriated by the
 55-3    legislature that may not be greater than [of] 10.7143 percent of
 55-4    receipts from permittees within the county during the quarter and
 55-5    shall issue to each incorporated municipality described in
 55-6    Subsection (a) a warrant drawn on that fund in an [the] amount
 55-7    appropriated by the legislature that may not be greater than [of]
 55-8    10.7143 percent of receipts from permittees within the incorporated
 55-9    municipality during the quarter.  [The remainder of the receipts
55-10    for the quarter and all interest earned on that fund shall be
55-11    transferred to the general revenue fund.]
55-12          SECTION 2.65.  Section 191.085(b), Tax Code, is amended to
55-13    read as follows:
55-14          (b)  The person shall keep the record open for four [two]
55-15    years for inspection by the comptroller or the attorney general.
55-16          SECTION 2.66.  Section 203.051(a), Tax Code, is amended to
55-17    read as follows:
55-18          (a)  A producer shall keep a complete record of all sulphur
55-19    he produces in this state.  A producer may destroy a record
55-20    required by this section four [three] years after the last entry in
55-21    the record.
55-22          SECTION 2.67.  Section 321.102, Tax Code, is amended by
55-23    adding Subsections (e), (f), and (g) to read as follows:
55-24          (e)  If as a result of the imposition or increase in a sales
55-25    and use tax by a municipality in which there is located all or part
55-26    of a local governmental entity that has adopted a sales and use tax
55-27    or as a result of the annexation by a municipality of all or part
 56-1    of the territory in a local governmental entity that has adopted a
 56-2    sales and use tax the overlapping local sales and use taxes in the
 56-3    area will exceed two percent, the entity's sales and use tax is
 56-4    automatically reduced in that area to a rate that when added to the
 56-5    combined rate of local sales and use taxes will equal two percent.
 56-6          (f)  If an entity's rate is reduced in accordance with
 56-7    Subsection (e), the comptroller shall withhold from the
 56-8    municipality's monthly sales and use tax allocation an amount equal
 56-9    to the amount that would have been collected by the entity had the
56-10    municipality not imposed or increased its sales and use tax or
56-11    annexed the area in the entity less amounts that the entity
56-12    collects following the municipality's levy of or increase in its
56-13    sales and use tax or annexation of the area in the entity.  The
56-14    comptroller shall withhold and pay the amount withheld to the
56-15    entity under policies or procedures that the comptroller considers
56-16    reasonable.
56-17          (g)  A transit authority is not a local governmental entity
56-18    for the purposes of Subsections (e) and (f).
56-19          SECTION 2.68.  Section 322.302, Tax Code, is amended to read
56-20    as follows:
56-21          Sec. 322.302.  DISTRIBUTION OF TRUST FUNDS.  At [(a) Except
56-22    as provided by Subsection (b) of this section, at] least quarterly
56-23    [twice] during each state fiscal year and as often as feasible, the
56-24    comptroller shall send to the person at each taxing entity who
56-25    performs the function of entity treasurer, payable to the taxing
56-26    entity, the entity's share of the taxes collected by the
56-27    comptroller under this chapter.
 57-1          [(b)  The comptroller shall make payments required by
 57-2    Subsection (a) of this section to entities created under Chapter
 57-3    451 or 452, Transportation Code, quarterly each fiscal year as soon
 57-4    as practicable after the end of each quarter.]
 57-5          SECTION 2.69.  Section 323.102(c), Tax Code, is amended to
 57-6    read as follows:
 57-7          (c)  A tax imposed under Section 323.105 of this code or
 57-8    Chapter 326, Local Government Code, takes effect on the first day
 57-9    of the first calendar quarter after the expiration of the first
57-10    complete calendar quarter occurring after the date on which the
57-11    comptroller receives a notice of the action as required by Section
57-12    323.405(b).
57-13          SECTION 2.70.  Section 323.105(e), Tax Code, is amended to
57-14    read as follows:
57-15          (e)  The comptroller shall remit to the county amounts
57-16    collected at the rate imposed under this section as part of the
57-17    regular allocation of county tax revenue collected by the
57-18    comptroller if the district is composed of the entire county.  The
57-19    comptroller [county] shall, if the district is composed of an area
57-20    less than the entire county, remit that amount to the district.
57-21    Retailers may not be required to use the allocation and reporting
57-22    procedures in the collection of taxes under this section different
57-23    from the procedures that retailers use in the collection of other
57-24    sales and use taxes under this chapter.  An item, transaction, or
57-25    service that is taxable in a county under a sales or use tax
57-26    authorized by another section of this chapter is taxable under this
57-27    section.  An item, transaction, or service that is not taxable in a
 58-1    county under a sales or use tax authorized by another section of
 58-2    this chapter is not taxable under this section.
 58-3          SECTION 2.71.  Section 351.001, Tax Code, is amended by
 58-4    adding Subdivision (10) to read as follows:
 58-5                (10)  "Revenue" includes any interest derived from the
 58-6    revenue.
 58-7          SECTION 2.72.  Section 351.006, Tax Code, is amended to read
 58-8    as follows:
 58-9          Sec. 351.006.  EXEMPTION.  (a)  A United States governmental
58-10    entity described in Section 156.103(a) is exempt from the payment
58-11    of tax authorized by this chapter  [excepted from the tax imposed
58-12    by Chapter 156 under Section 156.103(a)(1) or (a)(3) shall pay the
58-13    tax imposed by this chapter but is entitled to a refund of the tax
58-14    paid].
58-15          (b)  A state governmental entity described in Section
58-16    156.103(b) shall pay the tax imposed by this chapter but is
58-17    entitled to a refund of the tax paid.
58-18          (c)  A person who is described by Section 156.103(d) is
58-19    exempt from the payment of the tax authorized by this chapter.
58-20          (d) [(c)]  A person who is described by Section 156.103(c)
58-21    shall pay the tax imposed by this chapter but the state
58-22    governmental entity with whom the person is associated is entitled
58-23    to a refund of the tax paid.
58-24          (e) [(d)]  To receive a refund of tax paid under this
58-25    chapter, the governmental entity entitled to the refund must file a
58-26    refund claim on a form provided by the municipality and containing
58-27    the information required by the municipality.  The comptroller by
 59-1    rule shall prescribe the form that must be used and the information
 59-2    that must be provided.
 59-3          (f) [(e)]  A governmental entity may file a refund claim with
 59-4    the municipality under this chapter only for each calendar quarter
 59-5    for all reimbursements accrued during that quarter.  The
 59-6    municipality may adopt an ordinance to enforce this section.
 59-7          SECTION 2.73.  Subchapter B, Chapter 351, Tax Code, is
 59-8    amended by adding Section 351.107 to read as follows:
 59-9          Sec. 351.107.  RECORDS.  A municipality shall maintain a
59-10    record that accurately identifies the receipt and expenditure of
59-11    all revenue derived from the tax imposed under this chapter.
59-12          SECTION 2.74.  Section 352.007, Tax Code, is amended to read
59-13    as follows:
59-14          Sec. 352.007.  EXEMPTION.  (a)  A United States governmental
59-15    entity described in Section 156.103(a) is exempt from the payment
59-16    of tax authorized by this chapter [excepted from the tax imposed by
59-17    Chapter 156 under Section 156.103(a)(1) or (a)(3) shall pay the tax
59-18    imposed by this chapter but is entitled to a refund of the tax
59-19    paid].
59-20          (b)  A state governmental entity subject to the tax imposed
59-21    by Chapter 156 under Section 156.103(b) shall pay the tax imposed
59-22    by this chapter but is entitled to a refund of the tax paid.
59-23          (c)  A person who is described by Section 156.103(d) is
59-24    exempt from the payment of the tax authorized by this chapter.
59-25          (d) [(c)]  A person who is described by Section 156.103(c)
59-26    shall pay the tax imposed by this chapter but the state
59-27    governmental entity with whom the person is associated is entitled
 60-1    to a refund of the tax paid.
 60-2          (e) [(d)]  To receive a refund of a tax paid under this
 60-3    chapter, the governmental entity entitled to the refund must file a
 60-4    refund claim on a form provided by the county and containing the
 60-5    information required by the county.  The comptroller by rule shall
 60-6    prescribe the form that must be used and the information that must
 60-7    be provided.
 60-8          (f) [(e)]  A governmental entity may file a refund claim with
 60-9    the county under this chapter only for each calendar quarter for
60-10    all reimbursements accrued during that quarter.  The county may
60-11    adopt a resolution to enforce this section.
60-12          SECTION 2.75.  Section 4B(e), Development Corporation Act of
60-13    1979 (Article 5190.6, Vernon's Texas Civil Statutes), as amended by
60-14    Section 3, Chapter 1022, and Section 12, Chapter 1031, Acts of the
60-15    73rd Legislature, Regular Session, 1993, is reenacted to read as
60-16    follows:
60-17          (e)  The rate of a tax adopted under this section must be
60-18    one-eighth, one-fourth, three-eighths, or one-half of one percent.
60-19    The ballot proposition at the election held to adopt the tax must
60-20    specify the rate of the tax to be adopted.  A corporation that
60-21    holds an election to reduce a tax imposed under Section 4A of this
60-22    Act may in a separate proposition on the same ballot adopt a tax
60-23    under this section.  If an eligible city adopts the tax, a tax is
60-24    imposed on the receipts from the sale at retail of taxable items
60-25    within the eligible city at the rate approved at the election.
60-26    There is also imposed an excise tax on the use, storage, or other
60-27    consumption within the eligible city of tangible personal property
 61-1    purchased, leased, or rented from a retailer during the period that
 61-2    the tax is effective within the eligible city.  The rate of the
 61-3    excise tax is the same as the rate of the sales tax portion of the
 61-4    tax and is applied to the sale price of the tangible personal
 61-5    property.
 61-6          Explanation:  This change is needed to allow the legislature
 61-7    to make certain technical changes to statutes involving taxes or
 61-8    fees administered by the comptroller of public accounts.
 61-9          (2)  Senate Rule 12.03(4) is suspended to permit the
61-10    committee to add additional text not included in either the house
61-11    or senate version of the bill, consisting of a new article of the
61-12    bill, to read as follows:
61-13           ARTICLE 3.  APPROPRIATIONS AND PROVISIONS RELATED TO
61-14                              APPROPRIATIONS
61-15          SECTION 3.01.  (a)  In addition to other amounts appropriated
61-16    by the 76th Legislature, Regular Session, 1999, for the biennium
61-17    beginning September 1, 1999, and subject to the restrictions
61-18    provided under Articles II and IX, House Bill No. 1, Acts of the
61-19    76th Legislature, Regular Session, 1999 (the General Appropriations
61-20    Act), specifically including Rider 38, page II-66, House Bill No.
61-21    1, the Texas Department of Human Services is appropriated $12
61-22    million from the general revenue fund for fiscal year 2000 for
61-23    reimbursement expenses related to increases in reimbursement rates
61-24    for nursing homes under the medical assistance program and $12
61-25    million from the general revenue fund for fiscal year 2001 for the
61-26    same purpose.  Any unexpended balance of the appropriation made by
61-27    this section for fiscal year 2000 is reappropriated to the
 62-1    department for fiscal year 2001 for the same purpose.
 62-2          (b)  The Texas Department of Human Services is authorized to
 62-3    transfer the appropriations made by this section to the appropriate
 62-4    agency or the appropriate strategy item.
 62-5          (c)  The appropriations made by this section are contingent
 62-6    on the comptroller's providing of notice to the governor and the
 62-7    Legislative Budget Board that the comptroller has made a finding,
 62-8    based on a revenue estimate made before or after the adjournment
 62-9    sine die of the 76th Legislature, Regular Session, that sufficient
62-10    revenue is estimated to be available from the general revenue fund
62-11    to provide for the appropriations made by this section.
62-12          SECTION 3.02.  (a)   In addition to other amounts
62-13    appropriated by the 76th Legislature, Regular Session, 1999, for
62-14    the biennium beginning September 1, 1999, and subject to the
62-15    restrictions provided under Articles II and IX, House Bill No. 1,
62-16    Acts of the 76th Legislature, Regular Session, 1999 (the General
62-17    Appropriations Act), the Texas Department of Human Services is
62-18    appropriated $6.6 million from the general revenue fund for fiscal
62-19    year 2000 for expenses related to increases in the personal needs
62-20    allowance provided under Section 32.024, Human Resources Code, for
62-21    a person who receives medical assistance and is a resident of a
62-22    convalescent or nursing home or related institution licensed under
62-23    Chapter 242, Health and Safety Code, a personal care facility, an
62-24    ICF-MR facility, or another similar long-term care facility and
62-25    $6.6 million from the general revenue fund for fiscal year 2001 for
62-26    the same purpose.  Any unexpended balance of the appropriation made
62-27    by this section for fiscal year 2000 is reappropriated to the
 63-1    department for fiscal year 2001 for the same purpose.
 63-2          (b)  The Texas Department of Human Services is authorized to
 63-3    transfer the appropriations made by this section to the appropriate
 63-4    agency or the appropriate strategy item.
 63-5          (c)  The appropriations made by this section are contingent
 63-6    on the comptroller's providing of notice to the governor and the
 63-7    Legislative Budget Board that the comptroller has made a finding,
 63-8    based on a revenue estimate made before or after the adjournment
 63-9    sine die of the 76th Legislature, Regular Session, that sufficient
63-10    revenue is estimated to be available from the general revenue fund
63-11    to provide for the appropriations made by this section.
63-12          SECTION 3.03.  (a)  This section applies only to an Act of
63-13    the 76th Legislature, Regular Session, that contains a provision
63-14    stating that the Act, or a provision of the Act, takes effect only
63-15    if a specific appropriation for the implementation of the Act is
63-16    provided in House Bill No. 1, Acts of the 76th Legislature, Regular
63-17    Session, 1999 (the General Appropriations Act).
63-18          (b)  In accordance with the terms of the provision described
63-19    by Subsection (a) of this section, the following Acts take effect:
63-20                (1)  House Bill Nos. 424, 713, 714, 820, 1172, 1188,
63-21    1341, 1652, 1833, 1939, 2085, 2145, 2202, 2307, 2573, 2641, 2719,
63-22    2992, 3174, 3504, 3517, and 3778; and
63-23                (2)  Senate Bill Nos. 526, 565, 666, 708, 1287, 1423,
63-24    1651, and 1690.
63-25          (c)  In accordance with the terms of the provision described
63-26    by Subsection (a) of this section, the following Acts do not take
63-27    effect:
 64-1                (1)  House Bill Nos. 1933 and 2148; and
 64-2                (2)  Senate Bill Nos. 313, 840, and 1650.
 64-3          (d)  The following Acts take effect notwithstanding the
 64-4    provision described by Subsection (a)  of this section:
 64-5                (1)  House Bill Nos. 64, 153, 628, 676, 1018, 1140,
 64-6    1223, 1444, 1860, 2631, 2815, 2896, 2978, 3050, 3079, 3304, and
 64-7    3757; and
 64-8                (2)  Senate Bill Nos. 229, 913 and 1613.
 64-9          (e)  The Acts identified in this section take effect, or do
64-10    not take effect, as provided by this section, notwithstanding the
64-11    provision described by Subsection (a) of this section.
64-12          (f)  If a provision described by Subsection (a) of this
64-13    section is contained in a bill that is not listed in Subsection
64-14    (b), (c), or (d) of this section, the provision is ineffective, and
64-15    the bill takes effect in accordance with its terms notwithstanding
64-16    that provision, regardless of the relative dates of enactment.
64-17          Explanation:  This change is needed to allow the legislature
64-18    to appropriate additional money to the Texas Department of Human
64-19    Services and to address the issue of whether certain bills are
64-20    funded by an appropriation in the General Appropriations Act.
64-21          (3)  Senate Rule 12.03(4) is suspended to permit the
64-22    committee to add additional text not included in either the house
64-23    or senate version of the bill, relating to the implementation of
64-24    the new articles added to the bill, to read as follows:
64-25          SECTION 4.01.  The following are repealed:  . . .
64-26                (3)  Sections 151.318(g) and (p) and 152.062(d), Tax
64-27    Code.
 65-1          SECTION 4.07.  A tax to which Section 2.69 of this Act
 65-2    applies that is not being collected on the effective date of this
 65-3    Act and that was adopted at an election held before January 1,
 65-4    1999, takes effect on the first day of the first calendar quarter
 65-5    that begins after the effective date of this Act.
 65-6          SECTION 4.08.  Each change in law made to the following
 65-7    provisions by this Act is a clarification of existing law and does
 65-8    not imply that existing law may be construed as inconsistent with
 65-9    the law as amended by this Act:
65-10                (1)  Section 102.075, Code of Criminal Procedure;
65-11                (2)  Section 9, Texas State College and University
65-12    Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
65-13    Texas Insurance Code);
65-14                (3)  Section 11, Texas Public School Employees Group
65-15    Insurance Act (Article 3.50-4, Insurance Code);
65-16                (4)  Section 326.029, Local Government Code;
65-17                (5)  Section 326.092, Local Government Code;
65-18                (6)  Section 151.317, Tax Code;
65-19                (7)  Section 151.318, Tax Code;
65-20                (8)  Section 151.3185, Tax Code;
65-21                (9)  Section 151.350(d), Tax Code;
65-22                (10)  Section 152.002, Tax Code;
65-23                (11)  Section 152.041, Tax Code;
65-24                (12)  Section 153.117, Tax Code;
65-25                (13)  Section 153.119, Tax Code;
65-26                (14)  Section 153.206, Tax Code;
65-27                (15)  Section 153.219, Tax Code;
 66-1                (16)  Section 171.063, Tax Code;
 66-2                (17)  the heading of Subchapter C, Chapter 171, Tax
 66-3    Code;
 66-4                (18)  the headings of Sections 171.1015, 171.1016, and
 66-5    171.107, Tax Code;
 66-6                (19)  Section 171.110, Tax Code;
 66-7                (20)  Section 191.085, Tax Code; and
 66-8                (21)  Section 203.051, Tax Code.
 66-9          SECTION 4.09.  The comptroller of public accounts may adopt
66-10    rules and take other actions before October 1, 1999, as the
66-11    comptroller deems necessary or advisable to prepare for the taking
66-12    effect of Article 2 of this Act.
66-13          SECTION 4.10.  (a)  Except as provided by Subsections (b),
66-14    (c), and (d) of this section, Article 2 of this Act takes effect
66-15    October 1, 1999.
66-16          (b)  Section 2.05 of this Act takes effect January 1, 2000,
66-17    and applies to reporting periods beginning on or after that date.
66-18          (c)  Sections 2.50 through 2.61 of this Act take effect
66-19    January 1, 2000, and apply to a report originally due on or after
66-20    that date.
66-21          SECTION 4.12.  (a)  This Act takes effect immediately except
66-22    that:  . . .
66-23                (4)  Article 2 of this Act takes effect as provided by
66-24    Section 4.10 of this Act.
66-25          Explanation:  This addition is necessary to provide for the
66-26    orderly implementation of the changes made by adding new articles
66-27    to the bill.