By Reyna of Dallas H.B. No. 2986
77R8739 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exempting landscaping and lawn work from the sales and
1-3 use tax.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 151.0048(a), Tax Code, is amended to read
1-6 as follows:
1-7 (a) Except as provided by Subsection (b), "real property
1-8 service" means:
1-9 (1) [landscaping;]
1-10 [(2) the care and maintenance of lawns, yards, or
1-11 ornamental trees or other plants;]
1-12 [(3)] the removal or collection of garbage, rubbish,
1-13 or other solid waste other than:
1-14 (A) hazardous waste;
1-15 (B) industrial solid waste;
1-16 (C) waste material that results from an activity
1-17 associated with the exploration, development, or production of oil,
1-18 gas, geothermal resources, or any other substance or material
1-19 regulated by the Railroad Commission of Texas under Section 91.101,
1-20 Natural Resources Code;
1-21 (D) domestic sewage or an irrigation return
1-22 flow, to the extent the sewage or return flow does not constitute
1-23 garbage or rubbish; and
1-24 (E) industrial discharges subject to regulation
2-1 by permit issued pursuant to Chapter 26, Water Code;
2-2 (2) [(4)] building or grounds cleaning, janitorial, or
2-3 custodial services;
2-4 (3) [(5)] a structural pest control service covered by
2-5 Section 2, Texas Structural Pest Control Act (Article 135b-6,
2-6 Vernon's Texas Civil Statutes); or
2-7 (4) [(6)] the surveying of real property.
2-8 SECTION 2. Section 151.347, Tax Code, is repealed.
2-9 SECTION 3. (a) This Act takes effect July 1, 2001, if it
2-10 receives a vote of two-thirds of all the members elected to each
2-11 house, as provided by Section 39, Article III, Texas Constitution.
2-12 If this Act does not receive the vote necessary for effect on that
2-13 date, this Act takes effect October 1, 2001.
2-14 (b) The change in law made by this Act does not affect taxes
2-15 imposed before the effective date of this Act, and the former law
2-16 is continued in effect for purposes of the liability for and
2-17 collection of those taxes.