By Bonnen H.B. No. 2627
77R6762 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an exemption from the sales and use tax for membership
1-3 in or admission to a health spa.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 151.0028(b), Tax Code, is amended to read
1-6 as follows:
1-7 (b) "Amusement services" includes membership in a private
1-8 club or organization that provides entertainment, recreational,
1-9 sports, dining, or social facilities to its members. The term does
1-10 not include membership in or admission to a "health spa" as defined
1-11 by Section 702.003, Occupations Code.
1-12 SECTION 2. Section 151.005, Tax Code, is amended to read as
1-13 follows:
1-14 Sec. 151.005. "SALE" OR "PURCHASE." "Sale" or "purchase"
1-15 means any of the following when done or performed for
1-16 consideration:
1-17 (1) a transfer of title or possession of tangible
1-18 personal property;
1-19 (2) the exchange, barter, lease, or rental of tangible
1-20 personal property;
1-21 (3) the performance of a taxable service or, in the
1-22 case of an amusement service, a transfer of title to or possession
1-23 of a ticket or other admission document, the collection of an
1-24 admission fee, whether by individual performance, subscription
2-1 series, or membership privilege, the collection of dues or a fee,
2-2 charge, or assessment, including an initiation fee, by a club or
2-3 organization, other than a "health spa" as defined by Section
2-4 702.003, Occupations Code, for membership or a special privilege,
2-5 status, or membership classification in the club or organization,
2-6 or the use of a coin-operated machine;
2-7 (4) the production, fabrication, processing, printing,
2-8 or imprinting of tangible personal property for consumers who
2-9 directly or indirectly furnish the materials used in the
2-10 production, fabrication, processing, printing, or imprinting;
2-11 (5) the furnishing and distribution of tangible
2-12 personal property by a social club or fraternal organization to
2-13 anyone;
2-14 (6) the furnishing, preparation, or service of food,
2-15 meals, or drinks;
2-16 (7) a transfer of the possession of tangible personal
2-17 property if the title to the property is retained by the seller as
2-18 security for the payment of the price; or
2-19 (8) a transfer of the title or possession of tangible
2-20 personal property that has been produced, fabricated, or printed to
2-21 the special order of the customer.
2-22 SECTION 3. (a) This Act takes effect July 1, 2001, if it
2-23 receives a vote of two-thirds of all the members elected to each
2-24 house, as provided by Section 39, Article III, Texas Constitution.
2-25 If this Act does not receive the vote necessary for effect on that
2-26 date, this Act takes effect October 1, 2001.
2-27 (b) The change in law made by this Act does not affect taxes
3-1 imposed before the effective date of this Act, and the former law
3-2 is continued in effect for purposes of the liability for and
3-3 collection of those taxes.