By Lewis of Orange H.B. No. 2402
77R5933 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sales tax exemptions to promote water conservation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 151.318(c), Tax Code, is amended to read
1-5 as follows:
1-6 (c) The exemption does not include:
1-7 (1) intraplant transportation equipment, including
1-8 intraplant transportation equipment used to move a product or raw
1-9 material in connection with the manufacturing process and
1-10 specifically including all piping and conveyor systems, provided
1-11 that the following remain eligible for the exemption:
1-12 (A) piping or conveyor systems that are a
1-13 component part of a single item of manufacturing equipment, [or]
1-14 pollution control equipment, or water conservation, recycle, and
1-15 reuse equipment eligible for the exemption under Subsection (a)(2),
1-16 (a)(4), [or] (a)(5), or (a)(11);
1-17 (B) piping through which the product or an
1-18 intermediate or preliminary product that will become an ingredient
1-19 or component part of the product is recycled or circulated in a
1-20 loop between the single item of manufacturing equipment and the
1-21 ancillary equipment that supports only that single item of
1-22 manufacturing equipment if the single item of manufacturing
1-23 equipment and the ancillary equipment operate together to perform a
1-24 specific step in the manufacturing process; and
2-1 (C) piping through which the product or an
2-2 intermediate or preliminary product that will become an ingredient
2-3 or component part of the product is recycled back to another single
2-4 item of manufacturing equipment and its ancillary equipment in the
2-5 same manufacturing process;
2-6 (2) hand tools;
2-7 (3) maintenance supplies not otherwise exempted under
2-8 this section, maintenance equipment, janitorial supplies or
2-9 equipment, office equipment or supplies, equipment or supplies used
2-10 in sales or distribution activities, research or development of new
2-11 products, or transportation activities;
2-12 (4) machinery and equipment or supplies to the extent
2-13 not otherwise exempted under this section used to maintain or store
2-14 tangible personal property; or
2-15 (5) tangible personal property used in the
2-16 transmission or distribution of electricity, including
2-17 transformers, cable, switches, breakers, capacitor banks,
2-18 regulators, relays, reclosers, fuses, interruptors, reactors,
2-19 arrestors, resistors, insulators, instrument transformers, and
2-20 telemetry units not otherwise exempted under this section, and
2-21 lines, conduit, towers, and poles.
2-22 SECTION 2. Section 151.338, Tax Code, is amended to read as
2-23 follows:
2-24 Sec. 151.338. ENVIRONMENT AND CONSERVATION SERVICES. The
2-25 services involved in the repair, remodeling, maintenance, or
2-26 restoration of tangible personal property are not taxable under
2-27 this chapter if the repair, remodeling, maintenance, or restoration
3-1 is required by statute, ordinance, order, rule, or regulation of
3-2 any commission, agency, court, or political, governmental, or
3-3 quasi-governmental entity in order to protect the environment or to
3-4 conserve energy or water.
3-5 SECTION 3. Subchapter H, Chapter 151, Tax Code, is amended
3-6 by adding Sections 151.355 and 151.356 to read as follows:
3-7 Sec. 151.355. WATER CONSERVATION. (a) An item of tangible
3-8 personal property is exempt from the taxes imposed by this chapter
3-9 if the item is used for:
3-10 (1) rainwater harvesting and water recycling and
3-11 reuse; or
3-12 (2) reducing or eliminating water use.
3-13 (b) To qualify for the exemption under this section, the
3-14 purchaser must certify in writing to the seller that the item of
3-15 tangible personal property will be used for the purpose described
3-16 by Subsection (a) unless the item is designed to be used only for
3-17 that purpose.
3-18 Sec. 151.356. CLOTHES WASHERS. (a) A clothes washing
3-19 machine is exempt from the taxes imposed by this chapter if it:
3-20 (1) meets the standards of the Energy Star Program
3-21 maintained by the United States Department of Energy and the
3-22 Environmental Protection Agency; and
3-23 (2) has a water factor of 9.5 or less, based on
3-24 standard test procedures contained in the regulations of the United
3-25 States Department of Energy (10 C.F.R. Part 430, Subpart B,
3-26 Appendix J).
3-27 (b) This section expires January 1, 2007.
4-1 SECTION 4. (a) This Act takes effect July 1, 2001, if it
4-2 receives a vote of two-thirds of all the members elected to each
4-3 house, as provided by Section 39, Article III, Texas Constitution.
4-4 If this Act does not receive the vote necessary for effect on that
4-5 date, this Act takes effect October 1, 2001.
4-6 (b) The change in law made by this Act does not affect taxes
4-7 imposed before the effective date of this Act, and the law in
4-8 effect before the effective date of this Act is continued in effect
4-9 for purposes of the liability for and collection of those taxes.