1-1     By:  Ellis                                              S.B. No. 86
 1-2           (In the Senate - Filed November 13, 2000; January 10, 2001,
 1-3     read first time and referred to Committee on Finance;
 1-4     April 24, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 11, Nays 0; April 24, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 86                     By:  Ellis
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to exemptions from the sales tax.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
1-13     by adding Section 151.327 to read as follows:
1-14           Sec. 151.327.  SCHOOL SUPPLIES, TEXTBOOKS, BOOKS, AND OTHER
1-15     INSTRUCTIONAL MATERIALS BEFORE START OF SCHOOL.  (a)  The sale or
1-16     storage, use, or other consumption of a school supply is exempted
1-17     from the taxes imposed by this chapter if the school supply is
1-18     purchased:
1-19                 (1)  for use by a student in a class in a public or
1-20     private elementary or secondary school;
1-21                 (2)  during the period applicable to the exemption for
1-22     clothing and footwear under Section 151.326; and
1-23                 (3)  for a sales price of less than $75 per item.
1-24           (b)  For purposes of this exemption, "school supply" means:
1-25                 (1)  crayons;
1-26                 (2)  scissors;
1-27                 (3)  glue, paste, and glue sticks;
1-28                 (4)  pencils;
1-29                 (5)  pens;
1-30                 (6)  erasers;
1-31                 (7)  rulers;
1-32                 (8)  markers;
1-33                 (9)  highlighters;
1-34                 (10)  paper, including loose-leaf ruled notebook paper,
1-35     copy paper, graph paper, tracing paper, manila paper, colored
1-36     paper, poster board, and construction paper;
1-37                 (11)  writing tablets;
1-38                 (12)  spiral notebooks;
1-39                 (13)  bound composition notebooks;
1-40                 (14)  pocket folders;
1-41                 (15)  plastic folders;
1-42                 (16)  expandable portfolios;
1-43                 (17)  manila folders;
1-44                 (18)  three-ring binders that are three inches or less
1-45     in capacity;
1-46                 (19)  backpacks and zipper pencil bags;
1-47                 (20)  school supply boxes;
1-48                 (21)  clipboards;
1-49                 (22)  index cards;
1-50                 (23)  index card boxes;
1-51                 (24)  calculators;
1-52                 (25)  protractors;
1-53                 (26)  compasses;
1-54                 (27)  music notebooks;
1-55                 (28)  sketch or drawing pads;
1-56                 (29)  paintbrushes;
1-57                 (30)  watercolors;
1-58                 (31)  acrylic, tempera, or oil paints;
1-59                 (32)  tape, including masking tape and Scotch tape;
1-60                 (33)  clay and glazes;
1-61                 (34)  pencil sharpeners;
1-62                 (35)  thesauruses; and
1-63                 (36)  dictionaries.
1-64           (c)  A retailer is not required to obtain an exemption
 2-1     certificate stating that the school supplies are purchased for use
 2-2     by a student in a class in a public or private elementary or
 2-3     secondary school unless the supplies are purchased in a quantity
 2-4     that indicates that the supplies are not purchased for use by a
 2-5     student in a class in a public or private elementary or secondary
 2-6     school.
 2-7           SECTION 2.  Subsection (c), Section 151.326, Tax Code, is
 2-8     repealed.
 2-9           SECTION 3.  Section 151.327, Tax Code, as added by this Act,
2-10     expires August 31, 2003.
2-11           SECTION 4.  (a)  This Act takes effect on the first day of
2-12     the first calendar quarter beginning on or after the date on which
2-13     it may take effect under Section 39, Article III, Texas
2-14     Constitution.
2-15           (b)  The change in law made by this Act does not affect taxes
2-16     imposed before the effective date of this Act, and the law in
2-17     effect before the effective date of this Act is continued in effect
2-18     for purposes of the liability for and collection of those taxes.
2-19           (c)  The repeal of Subsection (c), Section 151.326, Tax Code,
2-20     by this Act does not affect the repeal of the exemption under
2-21     Subsection (c), Section 151.326, Tax Code, by the governing body of
2-22     a local taxing authority before the effective date of this Act.
2-23     The repeal of an exemption by a local taxing authority before the
2-24     effective date of this Act is governed by the law in effect on the
2-25     date of the repeal, and that law is continued in effect for that
2-26     purpose.
2-27                                  * * * * *