By Danburg                                            H.B. No. 1965
         77R7285 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the imposition and use of revenue from a sales and use
 1-3     tax on billboard advertising services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 151, Tax Code, is amended
 1-6     by adding Section 151.0029 to read as follows:
 1-7           Sec. 151.0029.  BILLBOARD ADVERTISING SERVICE.  (a)  In this
 1-8     section, "billboard" means a sign that:
 1-9                 (1)  is a separate and fixed structure directly
1-10     attached to land or a building;
1-11                 (2)  is designed to have its content changed at
1-12     frequent intervals in an economically feasible manner;
1-13                 (3)  is designed to prominently display outdoor
1-14     advertising that is visible to the occupants of motor vehicles
1-15     driving by the sign; and
1-16                 (4)  displays advertising copy that pertains to a
1-17     business, person, organization, activity, event, place, service, or
1-18     product not principally located or primarily manufactured or sold
1-19     on the premises on which the sign is located.
1-20           (b)  "Billboard advertising service" means a service allowing
1-21     a purchaser to obtain outdoor advertising on a billboard, including
1-22     the rental of the billboard space.
1-23           SECTION 2.  Section 151.0101(a), Tax Code, as amended by
1-24     Chapters 394 and 405, Acts of the 76th Legislature, Regular
 2-1     Session, 1999, is amended to properly number subdivisions and to
 2-2     add Subdivision (18) to read as follows:
 2-3           (a)  "Taxable services" means:
 2-4                 (1)  amusement services;
 2-5                 (2)  cable television services;
 2-6                 (3)  personal services;
 2-7                 (4)  motor vehicle parking and storage services;
 2-8                 (5)  the repair, remodeling, maintenance, and
 2-9     restoration of tangible personal property, except:
2-10                       (A)  aircraft;
2-11                       (B)  a ship, boat, or other vessel, other than:
2-12                             (i)  a taxable boat or motor as defined by
2-13     Section 160.001;
2-14                             (ii)  a sports fishing boat; or
2-15                             (iii)  any other vessel used for pleasure;
2-16                       (C)  the repair, maintenance, and restoration of
2-17     a motor vehicle; and
2-18                       (D)  the repair, maintenance, creation, and
2-19     restoration of a computer program, including its development and
2-20     modification, not sold by the person performing the repair,
2-21     maintenance, creation, or restoration service;
2-22                 (6)  telecommunications services;
2-23                 (7)  credit reporting services;
2-24                 (8)  debt collection services;
2-25                 (9)  insurance services;
2-26                 (10)  information services;
2-27                 (11)  real property services;
 3-1                 (12)  data processing services;
 3-2                 (13)  real property repair and remodeling;
 3-3                 (14)  security services;      
 3-4                 (15)  telephone answering services; [and]
 3-5                 (16)  Internet access service; [.]
 3-6                 (17) [(16)]  a sale by a transmission and distribution
 3-7     utility, as defined in Section 31.002, Utilities Code, of
 3-8     transmission or delivery of service directly to an electricity
 3-9     end-use customer whose consumption of electricity is subject to
3-10     taxation under this chapter; and
3-11                 (18)  billboard advertising services.
3-12           SECTION 3.  Section 151.801, Tax Code, is amended by amending
3-13     Subsection (a)  and adding Subsection (f) to read as follows:
3-14           (a)  Except for the amounts allocated under Subsections (b),
3-15     [and] (c), and (f), all proceeds from the collection of the taxes
3-16     imposed by this chapter shall be deposited to the credit of the
3-17     general revenue fund.
3-18           (f)  The proceeds from the collection of the taxes imposed by
3-19     this chapter on the sale or use of billboard advertising services
3-20     shall be deposited to the credit of the highway billboard removal
3-21     account.  The highway billboard removal account is an account in
3-22     the general revenue fund that may be appropriated only to the Texas
3-23     Department of Transportation.  The department may use the money
3-24     only to remove billboards during the improvement of the state
3-25     highway system, as those terms are defined by Section 221.001,
3-26     Transportation Code.
3-27           SECTION 4.  This Act takes effect September 1, 2001.