By Flores                                              H.B. No. 375
         77R2452 DAK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to exemptions from the sales tax.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
 1-5     by adding Section 151.327 to read as follows:
 1-6           Sec. 151.327.  SCHOOL SUPPLIES, TEXTBOOKS, BOOKS, AND OTHER
 1-7     INSTRUCTIONAL MATERIALS BEFORE START OF SCHOOL.  (a)  The sale or
 1-8     storage, use, or other consumption of a school supply is exempted
 1-9     from the taxes imposed by this chapter if:
1-10                 (1)  the item is purchased for use by a student in a
1-11     class in a public or private elementary or secondary school,
1-12     including textbooks, books, and other instructional materials;
1-13                 (2)  the sale takes place during a period beginning at
1-14     12:01 a.m. on the first Friday in August and ending at 11:59 p.m.
1-15     on the following Sunday; and
1-16                 (3)  the sales price of each item is less than $75.
1-17           (b)  For purposes of this exemption, "school supply" means:
1-18                 (1)  crayons;
1-19                 (2)  scissors;
1-20                 (3)  glue, paste, and glue sticks;
1-21                 (4)  pencils;
1-22                 (5)  pens;
1-23                 (6)  erasers;
1-24                 (7)  rulers;
 2-1                 (8)  markers;
 2-2                 (9)  highlighters;
 2-3                 (10)  paper, including loose-leaf ruled notebook paper,
 2-4     copy paper, graph paper, tracing paper, manila paper, colored
 2-5     paper, poster board, and construction paper;
 2-6                 (11)  writing tablets;
 2-7                 (12)  spiral notebooks;
 2-8                 (13)  bound composition notebooks;
 2-9                 (14)  pocket folders;
2-10                 (15)  plastic folders;
2-11                 (16)  expandable portfolios;
2-12                 (17)  manila folders;
2-13                 (18)  three-ring binders that are three inches or less
2-14     in capacity;
2-15                 (19)  backpacks and zipper pencil bags;
2-16                 (20)  school supply boxes;
2-17                 (21)  clipboards;
2-18                 (22)  index cards;
2-19                 (23)  index card boxes;
2-20                 (24)  calculators;
2-21                 (25)  protractors;
2-22                 (26)  compasses;
2-23                 (27)  music notebooks;
2-24                 (28)  sketch or drawing pads;
2-25                 (29)  paintbrushes;
2-26                 (30)  watercolors;
2-27                 (31)  acrylic, tempera, or oil paints;
 3-1                 (32)  tape, including masking tape and Scotch tape;
 3-2                 (33)  clay and glazes;
 3-3                 (34)  pencil sharpeners;
 3-4                 (35)  thesauruses; and
 3-5                 (36)  dictionaries.
 3-6           (c)  A retailer is not required to obtain an exemption
 3-7     certificate stating that the school supplies are purchased for use
 3-8     by a student in a class in a public or private elementary or
 3-9     secondary school unless the supplies are purchased in a quantity
3-10     that indicates that the supplies are not purchased for use by a
3-11     student in a class in a public or private elementary or secondary
3-12     school.
3-13           (d)  The governing body of a local taxing authority may
3-14     repeal the exemption under this section in the manner provided by
3-15     Chapter 326.
3-16           SECTION 2.  (a)  This Act takes effect July 1, 2001, if it
3-17     receives a vote of two-thirds of all the members elected to each
3-18     house, as provided by Section 39, Article III, Texas Constitution.
3-19     If this Act does not receive the vote necessary for effect on that
3-20     date, this Act takes effect October 1, 2001.
3-21           (b)  The change in law made by this Act does not affect taxes
3-22     imposed before the effective date of this Act, and the law in
3-23     effect before the effective date of this Act is continued in effect
3-24     for purposes of the liability for and collection of those taxes.