By Miller                                             H.B. No. 3156
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the exemption from sales and use tax of certain items
 1-3     sold during the tax holiday period in August of each year.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 151.326, Tax Code, is amended to read as
 1-6     follows:
 1-7           Sec. 151.326.  CERTAIN ITEMS SOLD DURING TAX HOLIDAY
 1-8     [CLOTHING AND FOOTWEAR FOR LIMITED] PERIOD. (a)  The sale of a
 1-9     backpack, an article of clothing or footwear, or a sewing notion
1-10     [designed to be worn on or about the human body] is exempted from
1-11     the taxes imposed by this chapter if:
1-12                 (1)  the sales price of the item [article] is less than
1-13     $100; and
1-14                 (2)  the sale occurs [takes place] during [a] the tax
1-15     holiday period [beginning at 12:01 a.m. on the first Friday in
1-16     August and ending at 12 midnight on the following Sunday].
1-17           (b)  The sale of a car safety seat for a child, a bicycle
1-18     helmet, elbow pads, or knee pads during the tax holiday period is
1-19     exempted from the taxes imposed by this chapter [This section does
1-20     not apply to:]
1-21                 [(1)  any special clothing or footwear that is
1-22     primarily designed for athletic activity or protective use and that
1-23     is not normally worn except when used for the athletic activity or
 2-1     protective use for which it is designed;]
 2-2                 [(2)  accessories, including jewelry, handbags,
 2-3     luggage, umbrellas, wallets, watches, and similar items carried on
 2-4     or about the human body, without regard to whether worn on the body
 2-5     in a manner characteristic of clothing; and]
 2-6                 [(3)  the rental of clothing or footwear].
 2-7           (c)  The sale of a school supply is exempted from the taxes
 2-8     imposed by this chapter if:
 2-9                 (1)  the supply is purchased for use by a student in a
2-10     class in a public or private elementary or secondary school;
2-11                 (2)  the sale occurs during the tax holiday period; and
2-12                 (3)  the sales price of the supply is less than $25.
2-13     If supplies are packaged by the retailer and sold as a unit, then
2-14     the sales price for the unit is exempt provided that each
2-15     individual supply in the unit would qualify for the exemption if it
2-16     was sold separately.
2-17           (d) [(c)]  The [On or after January 1, 2000, the] governing
2-18     body of a local taxing authority may repeal the application of the
2-19     [this] exemptions [exemption] provided in subsections (a), (b), and
2-20     (c) only if:
2-21                 (1)  the repeal is done in the manner provided by
2-22     Chapter 326; and
2-23                 (2)  the body simultaneously repeals the application of
2-24     all of the exemptions provided in this section.
2-25           (e)  A retailer is not required to obtain an exemption
2-26     certificate stating that school supplies are purchased for use by a
 3-1     student in a class in a public or private elementary or secondary
 3-2     school unless the supplies are purchased in a quantity indicating
 3-3     that they are not purchased for that use.
 3-4           (f)  In this section:
 3-5                 (1)  "Accessory" includes a jewelry item, a handbag,
 3-6     luggage, an umbrella, a wallet, a watch, and any similar item
 3-7     carried on or about the human body, regardless of whether worn on
 3-8     the body in a manner characteristic of clothing.
 3-9                 (2)  "Clothing" means clothing designed to be worn on
3-10     or about the human body, excluding any special clothing or footwear
3-11     that is primarily designed for athletic activity or protective use
3-12     and that is not normally worn except when used for the athletic
3-13     activity or protective use for which it is designed. The term does
3-14     not include an accessory.
3-15                 (3)  "Footwear" means footwear designed to be worn on
3-16     or about the human body.  The term does not include an accessory.
3-17                 (4)  "Sale" does not include a rental.
3-18                 (5)  "School supply" means:
3-19                       (A)  a pencil, pen, crayon, marker, highlighter,
3-20     eraser, pencil bag, or pencil sharpener;
3-21                       (B)  scissors;
3-22                       (C)  a ruler, protractor, or compass;
3-23                       (D)  a writing tablet, spiral notebook, bound
3-24     composition notebook, or music notebook;
3-25                       (E)  paper, including loose-leaf ruled notebook
3-26     paper, graph paper, tracing paper, manila paper, colored paper,
 4-1     poster board, and construction paper;
 4-2                       (F)  a clipboard;
 4-3                       (G)  a container designed to hold school
 4-4     supplies;
 4-5                       (H)  an index card or a container designed to
 4-6     hold index cards;
 4-7                       (I)  a sketch or drawing pad;
 4-8                       (J)  a folder, except for a file folder;
 4-9                       (K)  an expandable portfolio;
4-10                       (L)  a multi-ring binder having a capacity of not
4-11     more than three inches;
4-12                       (M)  a divider designed for use in a multi-ring
4-13     binder;
4-14                       (N)  adhesive tape, including masking tape and
4-15     transparent tape;
4-16                       (O)  glue, paste, or a glue stick;
4-17                       (P)  watercolors or an acrylic, tempera, or oil
4-18     paint;
4-19                       (Q)  a paint brush;
4-20                       (R)  clay or a glaze;
4-21                       (S)  a calculator; or
4-22                       (T)  a thesaurus or dictionary.
4-23                 (6)  "Sewing notion" includes:
4-24                       (A)  fabric, thread, interfacing, or elastic;
4-25                       (B)  a button, zipper, or snap;
4-26                       (C)  a pattern for making clothing; and
 5-1                       (D)  any other item that becomes part of
 5-2     clothing.
 5-3                 (7)  "Tax holiday period" means the period beginning at
 5-4     12:01 a.m. on the first Wednesday in August and ending at 11:59
 5-5     p.m. on the first Sunday after the first Wednesday in August.
 5-6           (g)  Notwithstanding Section 151.704, during the tax holiday,
 5-7     a retailer may advertise that the retailer will pay the tax or a
 5-8     portion of the tax.  A retailer who advertises that it will pay the
 5-9     tax shall remit the full amount of the tax due on the sales price
5-10     of the item sold.  A person purchasing, storing, using or consuming
5-11     a taxable item in this state is liable for the tax imposed by this
5-12     chapter unless the receipt from the retailer specifically states
5-13     that the retailer is legally responsible for the tax due on the
5-14     sales price and the receipt clearly shows that the item was sold
5-15     during the tax holiday.
5-16           SECTION 2.  (a)  The comptroller may adopt an emergency rule
5-17     without prior notice or hearing, or with any abbreviated notice and
5-18     hearing that the comptroller finds practicable, for the
5-19     implementation of the change in law made by this Act.
5-20           (b)  The comptroller may adopt an emergency rule under
5-21     Subsection (a) of this section without finding that an imminent
5-22     peril to the public health, safety, or welfare requires adoption of
5-23     a rule on fewer than 30 days' notice.
5-24           (c)  If the comptroller adopts an emergency rule under
5-25     Subsection (a) of this section, this section is considered to be a
5-26     requirement of state law for adoption of a rule on fewer than 30
 6-1     days' notice, for purposes of Section 2001.034(a)(1), Government
 6-2     Code.
 6-3           SECTION 3.  The change in law made by this Act does not
 6-4     affect taxes imposed before the effective date of this Act, and the
 6-5     law in effect before the effective date of this Act is continued in
 6-6     effect for purposes of the liability for and collection of those
 6-7     taxes.
 6-8           SECTION 4.  This Act takes effect immediately if it receives
 6-9     a vote of two-thirds of all the members elected to each house, as
6-10     provided by Section 39, Article III, Texas Constitution.  If this
6-11     Act does not receive the vote necessary for immediate effect, this
6-12     Act takes effect September 1, 2001.
6-13           SECTION 5.  The constitutional rule requiring bills to be
6-14     read on three several days in each house is hereby suspended.