By:  Armbrister                                       S.B. No. 1125
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to technical changes to taxes and fees administered by the
 1-3     comptroller of public accounts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (k), Section 43.0751, Local Government
 1-6     Code, is amended to read as follows:
 1-7           (k)  A municipality that has annexed all or part of a
 1-8     district for limited purposes under this section may impose a
 1-9     [retail] sales and use tax within the boundaries of the part of the
1-10     district that is annexed for limited purposes.  Except to the
1-11     extent it is inconsistent with this section, Chapter 321, Tax Code,
1-12     governs the imposition, computation, administration, governance,
1-13     and abolition of the sales and use tax.
1-14           SECTION 2.  Subsection (b), Section 326.023, Local Government
1-15     Code, is amended to read as follows:
1-16           (b)  The petition must:
1-17                 (1)  include a name for the proposed district that
1-18     describes the location of the district followed by the words
1-19     "Library District";
1-20                 (2)  describe the boundaries of the proposed district
1-21     by:
1-22                       (A)  metes and bounds;
1-23                       (B)  lot and block number, if there is a recorded
1-24     map or plat and survey of the area; or
1-25                       (C)  other sufficient legal description;
 2-1                 (3)  include the names of five persons who are willing
 2-2     and qualified to serve as the initial board of trustees of the
 2-3     district if elected at the election to create the district; [and]
 2-4                 (4)  include the rate of the sales and use tax that
 2-5     would be imposed by the board of the proposed district on approval
 2-6     of the district; and
 2-7                 (5)  include a list of each known business identified
 2-8     in the proposed boundaries of the district.
 2-9           SECTION 3.  Section 326.029, Local Government Code, is
2-10     amended by amending Subsection (c) and adding Subsection (d) to
2-11     read as follows:
2-12           (c)  The order canvassing the results of the election must:
2-13                 (1)  contain a description of the district's boundaries
2-14     and a map of the district; [and]
2-15                 (2)  state the date of the election; and
2-16                 (3)  state the total number of votes cast for and
2-17     against the ballot proposition [be filed in the deed records of the
2-18     county in which the district is located].
2-19           (d)  The order issued by a commissioners court canvassing the
2-20     results of the election must be:
2-21                 (1)  filed in the deed records of the county in which
2-22     the district is located; and
2-23                 (2)  mailed or delivered to the comptroller not later
2-24     than the 30th day after the date the order is issued.
2-25           SECTION 4.  Subchapter F, Chapter 363, Local Government Code,
2-26     is amended by adding Section 363.262 to read as follows:
 3-1           Sec. 363.262.  EFFECTIVE DATE OF TAX CHANGE.  (a)  If less
 3-2     than a majority of the votes cast in a continuation referendum are
 3-3     for the continuation of the district or if a majority of the votes
 3-4     cast in a dissolution referendum are for dissolution of the
 3-5     district, the board shall notify the comptroller in writing of the
 3-6     results of the referendum not later than the 10th day after the
 3-7     date the referendum returns are canvassed.
 3-8           (b)  If the district is to be dissolved as a result of the
 3-9     referendum, the abolition of the local crime control sales and use
3-10     tax takes effect on the first day of the first calendar quarter
3-11     that occurs after the expiration of the first complete calendar
3-12     quarter that occurs after the comptroller receives a notice of the
3-13     results of the continuation or dissolution referendum.
3-14           (c)  If the comptroller determines that an effective date
3-15     provided by Subsection (b) will occur before the comptroller can
3-16     reasonably take the action required to implement abolition of the
3-17     tax, the comptroller may extend the effective date until the final
3-18     day of the succeeding calendar quarter.
3-19           SECTION 5.  Section 378.004, Local Government Code, as added
3-20     by Chapter 305, Acts of the 76th Legislature, Regular Session,
3-21     1999, is amended to read as follows:
3-22           Sec. 378.004.  MUNICIPAL POWERS.  In addition to other powers
3-23     that a municipality may exercise, a municipality may:
3-24                 (1)  waive or adopt fees related to the construction of
3-25     buildings in the zone, including fees related to the inspection of
3-26     buildings and impact fees;
 4-1                 (2)  enter into agreements, for a period of not more
 4-2     than 10 years, for the purpose of benefiting the zone, for [sales
 4-3     tax] refunds [or abatements] of municipal sales tax on sales made
 4-4     in the zone;
 4-5                 (3)  enter into agreements abating municipal property
 4-6     taxes on property in the zone subject to the duration limits of
 4-7     Section 312.204, Tax Code; and
 4-8                 (4)  set baseline performance standards, such as the
 4-9     Energy Star Program as developed by the Department of Energy, to
4-10     encourage the use of alternative building materials that address
4-11     concerns relating to the environment or to the building costs,
4-12     maintenance, or energy consumption.
4-13           SECTION 6.  Section 383.104, Local Government Code, is
4-14     amended by adding Subsection (c)  to read as follows:
4-15           (c)  The district's sales and use tax is automatically
4-16     discontinued by operation of law if no tax revenue is collected
4-17     within the district before the first anniversary of the date the
4-18     tax took effect.  The comptroller shall notify the board and the
4-19     commissioners court of the county in which the district is located
4-20     of the discontinuance of the tax.  The district may authorize a new
4-21     sales and use tax by following the procedures provided by this
4-22     subchapter for imposition of the tax.
4-23           SECTION 7.  Subsection (a), Section 25.00212, Government
4-24     Code, is amended to read as follows:
4-25           (a)  At the end of each state fiscal year the comptroller
4-26     shall determine the amounts deposited in the judicial fund under
 5-1     Section 51.704 [51.703] and the amounts paid to the counties under
 5-2     Section 25.00211.  If the total amount paid under Section 51.704 by
 5-3     all counties exceeds the total amount paid to counties under
 5-4     Section 25.00211, the state shall remit the excess to the counties
 5-5     proportionately based on the percentage of the total paid by each
 5-6     county.
 5-7           SECTION 8.  Subsection (b), Section 111.0081, Tax Code, is
 5-8     amended to read as follows:
 5-9           (b)  This section does not apply to a determination under
5-10     Section 111.022 [151.506 of this code].
5-11           SECTION 9.  Subsection (e), Section 111.301, Tax Code, is
5-12     amended to read as follows:
5-13           (e)  Application for the refund is to the comptroller.  The
5-14     application must:
5-15                 (1)  be made on the form prescribed by the comptroller;
5-16                 (2)  have attached a tax receipt from the assessor and
5-17     collector of taxes for the school district showing full payment of
5-18     school district ad valorem taxes on the property for the tax year
5-19     for which the refund is sought; and
5-20                 (3)  include sufficient information for the comptroller
5-21     to determine the portion of the ad valorem taxes paid to a school
5-22     district by the person for the applicable tax year on the property
5-23     that the person would not have been required to pay if the school
5-24     district had entered into a tax abatement agreement concerning the
5-25     property that included the same terms, including terms governing
5-26     the portion of the property that is to be exempt from taxation
 6-1     under the agreement, as specified by the [applicable] municipal or
 6-2     county tax abatement agreement on which the refund amount is to be
 6-3     based.
 6-4           SECTION 10.  Section 111.302, Tax Code, is amended by
 6-5     amending Subsections (b) and (c) and adding Subsection (d) to read
 6-6     as follows:
 6-7           (b)  Applications for refund must be filed before August 1 of
 6-8     the year following the tax year for which the person applying has
 6-9     paid ad valorem taxes described by Section 111.301(a).  Within 90
6-10     [60] days thereafter, the comptroller shall compute the total
6-11     amount eligible for refund.
6-12           (c)  If the total amount of eligible refunds claimed by all
6-13     persons, as determined under Subsection (b), is less than $10
6-14     million, the amount of a tax refund is equal to the ad valorem
6-15     taxes paid to a school district by the person for the applicable
6-16     tax year on the property that the person would not have been
6-17     required to pay if the school district had entered into a tax
6-18     abatement agreement covering the property that included the same
6-19     terms, including terms governing the portion of the property that
6-20     is to be exempt from taxation under the agreement, as specified by
6-21     the [applicable] municipal or county tax abatement agreement on
6-22     which the refund amount is to be based.  If the total amount of
6-23     eligible refunds claimed by all persons, as determined under
6-24     Subsection (b), is greater than $10 million, the comptroller shall
6-25     reduce the amount of each refund as necessary to allow all
6-26     claimants to share proportionally the $10 million available.  The
 7-1     amount by which a refund is reduced under this subsection may not
 7-2     be included in a claim for a refund in a subsequent year.
 7-3           (d)  If an eligible person has entered into tax abatement
 7-4     agreements with the municipality and the county, and the agreements
 7-5     provided to the comptroller show that the agreements exempt
 7-6     different portions of property value, the refund amount shall be
 7-7     computed based on the greater of the portions exempted.
 7-8           SECTION 11.  Section 111.304, Tax Code, is amended to read as
 7-9     follows:
7-10           Sec. 111.304.  EVALUATION; ANNUAL REPORT.  Not later than
7-11     [December 1, 1999, and] December 1 of each [subsequent] year, the
7-12     comptroller shall submit an annual report to the legislature.  The
7-13     report:
7-14                 (1)  must document the applications for refunds filed
7-15     with the comptroller under this subchapter;
7-16                 (2)  must document the refunds paid by the comptroller
7-17     under this chapter; and
7-18                 (3)  [must contain relevant information obtained from
7-19     the Texas Department of Commerce, including information to
7-20     demonstrate the relationship between tax refunds under this
7-21     subchapter and the economy; and]
7-22                 [(4)]  may include any other relevant information that
7-23     the comptroller determines is applicable to this subchapter or to
7-24     Chapter 312.
7-25           SECTION 12.  Subsection (a), Section 151.007, Tax Code, is
7-26     amended to read as follows:
 8-1           (a)  Except as provided by Subsections (c) and (d) [of this
 8-2     section], "sales price" or "receipts" means the total amount for
 8-3     which a taxable item is sold, leased, or rented, valued in money,
 8-4     without a deduction for the cost of:
 8-5                 (1)  the taxable item sold, leased, or rented;
 8-6                 (2)  the materials used, labor or service employed,
 8-7     interest, losses, or other expenses;
 8-8                 (3)  the transportation or installation of tangible
 8-9     personal property; or
8-10                 (4)  transportation incident to the performance of a
8-11     taxable service.
8-12           SECTION 13.  Section 151.010, Tax Code, is amended to read as
8-13     follows:
8-14           Sec. 151.010.  "TAXABLE ITEM."  "Taxable item" means tangible
8-15     personal property and taxable services.  Except as otherwise
8-16     provided by this chapter, the sale or use of a taxable item in
8-17     electronic form instead of on physical media does not alter the
8-18     item's tax status.
8-19           SECTION 14.  Section 151.057, Tax Code, is amended to read as
8-20     follows:
8-21           Sec. 151.057.  SERVICES BY EMPLOYEES.  The following services
8-22     are not taxable under this chapter:
8-23                 (1)  a service performed by an employee for his
8-24     employer in the regular course of business, within the scope of the
8-25     employee's duties, and for which the employee is paid his regular
8-26     wages or salary;
 9-1                 (2)  a service performed by an employee of a temporary
 9-2     employment service as defined by Section 93.001, Labor Code, [a
 9-3     temporary help service] for an employer to supplement the
 9-4     employer's existing work force on a temporary basis, when the
 9-5     service is normally performed by the employer's own employees, the
 9-6     employer provides all supplies and equipment necessary, and the
 9-7     help is under the direct or general supervision of the employer to
 9-8     whom the help is furnished; or
 9-9                 (3)  a service performed by assigned employees of a
9-10     staff leasing company, either licensed under Chapter 91, Labor
9-11     Code, or exempt from the licensing requirements of that chapter,
9-12     for a client company under a written contract that provides for
9-13     shared employment responsibilities between the staff leasing
9-14     company and the client company for the assigned employees, most of
9-15     whom must have been previously employed by the client company.  The
9-16     comptroller shall prescribe by rule the minimum percentage of
9-17     assigned employees that must have been previously employed by the
9-18     client company, the minimum time period the assigned employees must
9-19     have been employed by the client company prior to the commencement
9-20     of its contract, and such other criteria as the comptroller may
9-21     deem necessary to properly implement this section.
9-22           SECTION 15.  Subsection (a), Section 151.155, Tax Code, is
9-23     amended to read as follows:
9-24           (a)  Except as provided by Section 151.3181 for property used
9-25     in manufacturing, if [If] a purchaser certifies in writing to a
9-26     seller that a taxable item sold, leased, or rented to the purchaser
 10-1    will be used in a manner or for a purpose that qualifies the sale
 10-2    of the item for an exemption from the taxes imposed by this
 10-3    chapter, and if the purchaser then uses the item in some other
 10-4    manner or for some other purpose, the purchaser is liable for the
 10-5    payment of the sales tax on the value of the taxable item for any
 10-6    period during which the item is used in the divergent manner or for
 10-7    the divergent purpose.
 10-8          SECTION 16.  Subsection (b), Section 151.257, Tax Code, is
 10-9    amended to read as follows:
10-10          (b)  If the security filed by the person is a surety bond,
10-11    the comptroller shall send a copy of the determination to each
10-12    surety on the bond and shall demand payment from both the person
10-13    filing the bond and each surety.  A surety's obligation under the
10-14    bond is not affected by whether the surety has a record of the
10-15    receipt of a copy of the comptroller's determination notice or
10-16    payment demand.
10-17          SECTION 17.  Subchapter H, Chapter 151, Tax Code, is amended
10-18    by adding Section 151.3021 to read as follows:
10-19          Sec. 151.3021.  PACKAGING SUPPLIES AND WRAPPING.  (a)  In
10-20    this section:
10-21                (1)  "Laundry or dry cleaner" does not include
10-22    coin-operated or other self-service garment cleaning facilities.
10-23                (2)  "Wrapping, packing, and packaging supplies" means
10-24    hangers, safety pins, pins, inventory tags, staples, boxes, paper
10-25    wrappers, and plastic bags.
10-26          (b)  Internal and external wrapping, packing, and packaging
 11-1    supplies are exempted from the taxes imposed by this chapter if
 11-2    sold to a person who is a laundry or dry cleaner for use in
 11-3    wrapping, packing, or packaging an item that has been pressed and
 11-4    dry cleaned or laundered by the person operating as a laundry or
 11-5    dry cleaner in the regular course of business.
 11-6          SECTION 18.  Subsection (a), Section 151.308, Tax Code, is
 11-7    amended to read as follows:
 11-8          (a)  The following are exempted from the taxes imposed by
 11-9    this chapter:
11-10                (1)  oil as taxed by Chapter 202;
11-11                (2)  sulphur as taxed by Chapter 203;
11-12                (3)  motor fuels and special fuels as defined, taxed,
11-13    or exempted by Chapter 153;
11-14                (4)  cement as taxed by Chapter 181;
11-15                (5)  motor vehicles, trailers, and semitrailers as
11-16    defined, taxed, or exempted by Chapter 152 [or 157], other than a
11-17    mobile office as defined by Section 152.001(16);
11-18                (6)  mixed beverages, ice, or nonalcoholic beverages
11-19    and the preparation or service of these items if the receipts are
11-20    taxable by Chapter 183 [202, Alcoholic Beverage Code];
11-21                (7)  alcoholic beverages when sold to the holder of a
11-22    private club registration permit or to the agent or employee of the
11-23    holder of a private club registration permit if the holder or agent
11-24    or employee is acting as the agent of the members of the club and
11-25    if the beverages are to be served on the premises of the club;
11-26                (8)  oil well service as taxed by Subchapter E, Chapter
 12-1    191; and
 12-2                (9)  insurance premiums subject to gross premiums
 12-3    taxes.
 12-4          SECTION 19.  Section 151.310, Tax Code, is amended by
 12-5    amending Subsection (d) and adding Subsection (f) to read as
 12-6    follows:
 12-7          (d)  If two or more organizations jointly hold a tax-free
 12-8    sale or auction, each [neither] organization may hold one
 12-9    additional [another] tax-free sale or auction during the calendar
12-10    year in which the joint sale or auction is held.  The employment of
12-11    and payment of a reasonable fee to an auctioneer to conduct a
12-12    tax-free auction does not disqualify an otherwise qualified
12-13    organization from receiving the exemption provided by Subsection
12-14    (c) [of this section].
12-15          (f)  A qualifying joint venture or partnership is entitled to
12-16    an exemption from the tax imposed by this chapter on its purchases.
12-17    To qualify, the joint venture or partnership must be an entity that
12-18    is formed between a for-profit entity and a nonprofit hospital or
12-19    hospital system that qualifies for an exemption under Subsection
12-20    (e) and must provide community benefits, including charity care and
12-21    government-sponsored indigent health care, in the manner prescribed
12-22    by Subchapter D, Chapter 311, Health and Safety Code.  The
12-23    exemption is limited to the percentage that the nonprofit hospital
12-24    or hospital system owns in the joint venture or partnership.
12-25          SECTION 20.  Section 151.313, Tax Code, as amended by
12-26    Chapters 394 and 683, Acts of the 76th Legislature, Regular
 13-1    Session, 1999, is reenacted and amended to read as follows:
 13-2          Sec. 151.313.  HEALTH CARE SUPPLIES.  (a)  The following
 13-3    items are exempted from the taxes imposed by this chapter:
 13-4                (1)  a drug or medicine, other than insulin, if
 13-5    prescribed or dispensed for a human or animal by a licensed
 13-6    practitioner of the healing arts;
 13-7                (2)  insulin;
 13-8                (3)  subject to Subsection (c), a drug or medicine,
 13-9    without regard to whether it is prescribed or dispensed by a
13-10    licensed practitioner of the healing arts[, that is labeled with a
13-11    national drug code issued by the federal Food and Drug
13-12    Administration];
13-13                (4)  a hypodermic syringe or needle;
13-14                (5)  a brace; hearing aid or audio loop; orthopedic,
13-15    dental, or prosthetic device; ileostomy, colostomy, or ileal
13-16    bladder appliance; or supplies or replacement parts for the listed
13-17    items;
13-18                (6)  a therapeutic appliance, device, and any related
13-19    supplies specifically designed for those products, if dispensed or
13-20    prescribed by a licensed practitioner of the healing arts, when
13-21    those items are purchased and used by an individual for whom the
13-22    items listed in this subdivision were dispensed or prescribed;
13-23                (7)  corrective lens and necessary and related
13-24    supplies, if dispensed or prescribed by an ophthalmologist or
13-25    optometrist;
13-26                (8)  specialized printing or signalling equipment used
 14-1    by the deaf for the purpose of enabling the deaf to communicate
 14-2    through the use of an ordinary telephone and all materials, paper,
 14-3    and printing ribbons used in that equipment;
 14-4                (9)  a braille wristwatch, braille writer, braille
 14-5    paper and braille electronic equipment that connects to computer
 14-6    equipment, and the necessary adaptive devices and adaptive computer
 14-7    software;
 14-8                (10)  each of the following items if purchased for use
 14-9    by the blind to enable them to function more independently:  a
14-10    slate and stylus, print enlarger, light probe, magnifier, white
14-11    cane, talking clock, large print terminal, talking terminal, or
14-12    harness for guide dog;
14-13                (11)  hospital beds;
14-14                (12)  blood glucose monitoring test strips; [and]
14-15                (13)  an adjustable eating utensil used to facilitate
14-16    independent eating if purchased for use by a person, including a
14-17    person who is elderly or physically disabled, has had a stroke, or
14-18    is a burn victim, who does not have full use or control of the
14-19    person's hands or arms; and
14-20                (14)  subject to Subsection (d), a dietary supplement.
14-21          (b)  Each of the following items is exempted from the tax
14-22    imposed by this chapter if the item is used by a person who is deaf
14-23    to enable the person to function more independently:
14-24                (1)  a light signal and device to adapt items such as
14-25    telecommunication devices for the deaf (TDDs), telephones,
14-26    doorbells, and smoke alarms; and
 15-1                (2)  adaptive devices or adaptive software for
 15-2    computers used by persons who are deaf.
 15-3          (c)  A product is a drug or medicine for purposes of this
 15-4    section if:
 15-5                (1)  the product:
 15-6                      (A)  is intended for use in the diagnosis, cure,
 15-7    mitigation, treatment, or prevention of disease, illness, injury,
 15-8    or pain;
 15-9                      (B)  is applied to the human body or is a product
15-10    that a human ingests or inhales;
15-11                      (C)  is not an appliance or device; and
15-12                      (D)  is not food; or
15-13                (2)  the product is labeled or required to be labeled
15-14    with a "Drug Facts" panel in accordance with regulations of the
15-15    federal Food and Drug Administration.
15-16          (d)  A product is a dietary supplement for purposes of this
15-17    section if:
15-18                (1)  the product:
15-19                      (A)  contains one or more vitamins, minerals,
15-20    herbs, amino acids, or substances that are intended to increase
15-21    caloric intake;
15-22                      (B)  is not represented as food or the sole item
15-23    of a meal or the diet; and
15-24                      (C)  is labeled "dietary supplement" or
15-25    "supplement"; or
15-26                (2)  the product is labeled or required to be labeled
 16-1    with a "Supplement Facts" panel in accordance with regulations of
 16-2    the federal Food and Drug Administration.
 16-3          SECTION 21.  Subsection (a), Section 151.317, Tax Code, is
 16-4    amended to read as follows:
 16-5          (a)  Subject to Subsection (d), gas and electricity are
 16-6    exempted from the taxes imposed by this chapter when sold for:
 16-7                (1)  residential use;
 16-8                (2)  use in powering equipment exempt under Section
 16-9    151.318 or 151.3185 by a person processing tangible personal
16-10    property for sale as tangible personal property, other than
16-11    preparation or storage of food for immediate consumption;
16-12                (3)  use in lighting, cooling, and heating in the
16-13    manufacturing area during the actual manufacturing or processing of
16-14    tangible personal property for sale as tangible personal property,
16-15    other than preparation or storage of food for immediate
16-16    consumption;
16-17                (4)  use directly in exploring for, producing, or
16-18    transporting, a material extracted from the earth;
16-19                (5)  use in agriculture, including dairy or poultry
16-20    operations and pumping for farm or ranch irrigation;
16-21                (6)  use directly in electrical processes, such as
16-22    electroplating, electrolysis, and cathodic protection;
16-23                (7)  use directly in the off-wing processing, overhaul,
16-24    or repair of a jet turbine engine or its parts for a certificated
16-25    or licensed carrier of persons or property;
16-26                (8)  use directly in providing, under contracts with or
 17-1    on behalf of the United States government or foreign governments,
 17-2    defense or national security-related electronics, classified
 17-3    intelligence data processing and handling systems, or
 17-4    defense-related platform modifications or upgrades; [or]
 17-5                (9)  a direct or indirect use, consumption, or loss of
 17-6    electricity by an electric utility engaged in the purchase of
 17-7    electricity for resale; or
 17-8                (10)  use in timber operations, including pumping for
 17-9    irrigation of timberland.
17-10          SECTION 22.  Subsections (a) and (t), Section 151.318, Tax
17-11    Code, are amended to read as follows:
17-12          (a)  The following items are exempted from the taxes imposed
17-13    by this chapter if sold, leased, or rented to, or stored, used, or
17-14    consumed by a manufacturer:
17-15                (1)  tangible personal property that will become an
17-16    ingredient or component part of tangible personal property
17-17    manufactured, processed, or fabricated for ultimate sale;
17-18                (2)  tangible personal property directly used or
17-19    consumed in or during the actual manufacturing, processing, or
17-20    fabrication of tangible personal property for ultimate sale if the
17-21    use or consumption of the property is necessary or essential to the
17-22    manufacturing, processing, or fabrication operation and directly
17-23    makes or causes a chemical or physical change to:
17-24                      (A)  the product being manufactured, processed,
17-25    or fabricated for ultimate sale; or
17-26                      (B)  any intermediate or preliminary product that
 18-1    will become an ingredient or component part of the product being
 18-2    manufactured, processed, or fabricated for ultimate sale;
 18-3                (3)  services performed directly on the product being
 18-4    manufactured prior to its distribution for sale and for the purpose
 18-5    of making the product more marketable;
 18-6                (4)  actuators, steam production equipment and its
 18-7    fuel, in-process flow through tanks, cooling towers, generators,
 18-8    heat exchangers, transformers and the switches, breakers, capacitor
 18-9    banks, regulators, relays, reclosers, fuses, interruptors,
18-10    reactors, arrestors, resistors, insulators, instrument
18-11    transformers, and telemetry units that are related to the
18-12    transformers, electronic control room equipment, computerized
18-13    control units, pumps, compressors, and hydraulic units, that are
18-14    used to power, supply, support, or control equipment that qualifies
18-15    for exemption under Subdivision (2) or (5) or to generate
18-16    electricity, chilled water, or steam for ultimate sale;
18-17    transformers located at an electric generating facility that
18-18    increase the voltage of electricity generated for ultimate sale,
18-19    the electrical cable that carries the electricity from the electric
18-20    generating equipment to the step-up transformers, and the switches,
18-21    breakers, capacitor banks, regulators, relays, reclosers, fuses,
18-22    interruptors, reactors, arrestors, resistors, insulators,
18-23    instrument transformers, and telemetry units that are related to
18-24    the step-up transformers; and transformers that decrease the
18-25    voltage of electricity generated for ultimate sale and the
18-26    switches, breakers, capacitor banks, regulators, relays, reclosers,
 19-1    fuses, interruptors, reactors, arrestors, resistors, insulators,
 19-2    instrument transformers, and telemetry units that are related to
 19-3    the step-down transformers;
 19-4                (5)  tangible personal property used or consumed in the
 19-5    actual manufacturing, processing, or fabrication of tangible
 19-6    personal property for ultimate sale if the use or consumption of
 19-7    the property is necessary and essential to a pollution control
 19-8    process;
 19-9                (6)  lubricants, chemicals, chemical compounds, gases,
19-10    or liquids that are used or consumed during the actual
19-11    manufacturing, processing, or fabrication of tangible personal
19-12    property for ultimate sale if their use or consumption is necessary
19-13    and essential to prevent the decline, failure, lapse, or
19-14    deterioration of equipment exempted by this section;
19-15                (7)  gases used on the premises of a manufacturing
19-16    plant to prevent contamination of raw material or product, or to
19-17    prevent a fire, explosion, or other hazardous or environmentally
19-18    damaging situation at any stage in the manufacturing process or in
19-19    loading or storage of the product or raw material on premises;
19-20                (8)  tangible personal property used or consumed during
19-21    the actual manufacturing, processing, or fabrication of tangible
19-22    personal property for ultimate sale if the use or consumption of
19-23    the property is necessary and essential to a quality control
19-24    process that tests tangible personal property that is being
19-25    manufactured, processed, or fabricated for ultimate sale;
19-26                (9)  safety apparel or work clothing that is used
 20-1    during the actual manufacturing, processing, or fabrication of
 20-2    tangible personal property for ultimate sale if:
 20-3                      (A)  the manufacturing process would not be
 20-4    possible without the use of the apparel or clothing; and
 20-5                      (B)  the apparel or clothing is not resold to the
 20-6    employee;
 20-7                (10)  tangible personal property used or consumed in
 20-8    the actual manufacturing, processing, or fabrication of tangible
 20-9    personal property for ultimate sale if the use or consumption of
20-10    the property is necessary and essential to comply with federal,
20-11    state, or local laws or rules that establish requirements related
20-12    to public health; and
20-13                (11)  tangible personal property specifically installed
20-14    to:
20-15                      (A)  reduce water use and wastewater flow volumes
20-16    from the manufacturing, processing, fabrication, or repair
20-17    operation;
20-18                      (B)  reuse and recycle wastewater streams
20-19    generated within the manufacturing, processing, fabrication, or
20-20    repair operation; or
20-21                      (C)  treat wastewater from another industrial or
20-22    municipal source for the purpose of replacing existing freshwater
20-23    sources in the manufacturing, processing, fabrication, or repair
20-24    operation.
20-25          (t)  In addition to the other items exempted under this
20-26    section, pre-press machinery, equipment, and supplies, including
 21-1    computers, cameras, photographic props, film, film developing
 21-2    chemicals, veloxes, plate-making machinery, plate metal, litho
 21-3    negatives, color separation negatives, proofs of color negatives,
 21-4    production art work, and typesetting or composition proofs, that
 21-5    are necessary and essential to and used in connection with the
 21-6    printing process are exempted from the tax imposed by this chapter
 21-7    if they are purchased by a person engaged in:
 21-8                (1)  printing or imprinting tangible personal property
 21-9    for sale; or
21-10                (2)  producing a publication for the dissemination of
21-11    news of a general character and of a general interest that is
21-12    printed on newsprint and distributed to the general public free of
21-13    charge at a daily, weekly, or other short interval.
21-14          SECTION 23.  Subchapter H, Chapter 151, Tax Code, is amended
21-15    by adding Section 151.3181 to read as follows:
21-16          Sec. 151.3181.  DIVERGENT USE OF PROPERTY USED IN
21-17    MANUFACTURING.  (a)  In this section:
21-18                (1)  "Divergent use" means the use of property in a
21-19    manner or for a purpose other than the manner or purpose that
21-20    qualified the sale, lease, rental, use, or other consumption of the
21-21    property for exemption under Section 151.318.
21-22                (2)  "Property" means tangible personal property
21-23    regardless of whether the tangible personal property is permanently
21-24    affixed to or incorporated into realty after its purchase.
21-25          (b)  Divergent use of property exempted under Section 151.318
21-26    will not result in sales and use tax being due on the property if
 22-1    the divergent use occurs after the fourth anniversary of the date
 22-2    the property is purchased.
 22-3          (c)  Except as provided by Subsection (d), divergent use of
 22-4    property exempted under Section 151.318 that occurs during any
 22-5    month before the fourth anniversary of the date the property is
 22-6    purchased results in sales and use tax being due for that month.
 22-7    The amount of the sales and use tax due for a month is equal to
 22-8    1/48 of the purchase price of the property multiplied by the
 22-9    percentage of divergent use during that month multiplied by the
22-10    sales and use tax rate applicable at the time of purchase.
22-11          (d)  Divergent use of property exempted under Section 151.318
22-12    that occurs during a month before the fourth anniversary of the
22-13    date the property is purchased does not result in sales and use tax
22-14    being due for that month if the percentage of divergent use during
22-15    that month does not exceed five percent of the total use of the
22-16    property that month.
22-17          (e)  The amount of divergent use during a month is:
22-18                (1)  the total time the property operates for a
22-19    divergent use during a month, measured in hours; or
22-20                (2)  the total output of the property during divergent
22-21    use during a month, measured in a manner applicable to that
22-22    property.
22-23          (f)  The total use of property is:
22-24                (1)  the total time the property operates during a
22-25    month, measured in hours; or
22-26                (2)  the total output of the property during a month,
 23-1    measured in a manner applicable to that property.
 23-2          (g)  The percentage of divergent use for a month is
 23-3    determined by:
 23-4                (1)  dividing the amount of divergent use determined
 23-5    under Subsection (e)(1) by the amount of total use of the property
 23-6    determined under Subsection (f)(1); or
 23-7                (2)  dividing the amount of divergent use determined
 23-8    under Subsection (e)(2) by the amount of total use of the property
 23-9    determined under Subsection (f)(2).
23-10          SECTION 24.  Section 151.3185, Tax Code, is amended by adding
23-11    Subsections (e) and (f) to read as follows:
23-12          (e)  The sale of a motion picture, video, or audio master by
23-13    the producer of the master is exempt from the taxes imposed by this
23-14    chapter.
23-15          (f)  Tangible personal property that is sold to an entity to
23-16    which 47 C.F.R. Section 73.624(b) applies is exempt from the taxes
23-17    imposed by this chapter if the property is necessary for the entity
23-18    to comply with 47 C.F.R. Section 73.682(d).
23-19          SECTION 25.  Subsection (b), Section 151.319, Tax Code, is
23-20    amended to read as follows:
23-21          (b)  A transaction involving a sale of a newspaper that has
23-22    been produced, fabricated, or printed to the special order of a
23-23    customer is exempted from the taxes imposed by this chapter if:
23-24                (1)  the customer is responsible for gathering
23-25    substantially all of the information contained in the newspaper and
23-26    for formulating the design, layout, and format of the newspaper;
 24-1    and
 24-2                (2)  the customer would be entitled to the exemption
 24-3    provided by Section 151.318(t) [Subsection (d) of this section] if
 24-4    the customer had a printing facility capable of processing and
 24-5    printing the newspaper and printed and processed the newspaper.
 24-6          SECTION 26.  Section 152.002, Tax Code, is amended by adding
 24-7    Subsection (e) to read as follows:
 24-8          (e)  A person who is a motor vehicle owner, is in the
 24-9    business of renting motor vehicles, and holds a permit may deduct
24-10    the fair market value of a replaced motor vehicle that is titled to
24-11    another person if:
24-12                (1)  either person:
24-13                      (A)  holds a beneficial ownership interest in the
24-14    other person of at least 80 percent; or
24-15                      (B)  acquires all of its vehicles exclusively
24-16    from franchised dealers whose franchisor shares common ownership
24-17    with the other person; and
24-18                (2)  the replaced motor vehicle is offered for sale.
24-19          SECTION 27.  Section 152.041, Tax Code, is amended by
24-20    amending Subsections (c) and (d) and adding Subsection (f) to read
24-21    as follows:
24-22          (c)  Except as provided by Subsection (f) and Section
24-23    152.047, the tax imposed by Section 152.021 [of this code] is due
24-24    on the 20th working day after the date [day that] the motor vehicle
24-25    is delivered to the purchaser.
24-26          (d)  Except as provided by Subsection (f), the [The] tax
 25-1    imposed by Section 152.022 [of this code] is due on the 20th
 25-2    working day after the date [day that] the motor vehicle is brought
 25-3    into this state.
 25-4          (f)  The tax imposed by Section 152.021 or 152.022 on a motor
 25-5    vehicle designed for commercial use is due on the 20th working day
 25-6    after the date the motor vehicle is equipped with a body or other
 25-7    equipment that enables the motor vehicle to be eligible to be
 25-8    registered under the Transportation Code.
 25-9          SECTION 28.  Subsection (a), Section 152.047, Tax Code, is
25-10    amended to read as follows:
25-11          (a)  Except as inconsistent with this chapter and rules
25-12    adopted under this chapter, the seller of a motor vehicle shall
25-13    report and pay the tax imposed on a seller-financed sale to the
25-14    comptroller on the seller's receipts from seller-financed sales in
25-15    the same manner as the sales tax is reported and paid by a retailer
25-16    under Sections 151.401, 151.402, 151.405, 151.406, 151.409,
25-17    151.423, 151.424, and 151.425 [Chapter 151].
25-18          SECTION 29.  Section 152.091, Tax Code, is amended by adding
25-19    Subsection (d) to read as follows:
25-20          (d)  For purposes of this section, a machine is used
25-21    "primarily for timber operations" if the machine is a
25-22    self-propelled motor vehicle that is specially adapted to perform a
25-23    specialized function in the production of timber, including land
25-24    preparation, planting, maintenance, and gathering of trees commonly
25-25    grown for commercial timber.  The term does not include a
25-26    self-propelled motor vehicle used to transport timber or timber
 26-1    products.
 26-2          SECTION 30.  Subdivision (25), Section 153.001, Tax Code, is
 26-3    amended to read as follows:
 26-4                (25)  "Supplier" means a person who:
 26-5                      (A)  refines, distills, manufactures, produces,
 26-6    or blends for sale or distribution diesel fuel in this state;
 26-7                      (B)  imports or exports diesel fuel other than in
 26-8    the fuel supply tanks of motor vehicles;
 26-9                      (C)  sells or delivers diesel fuel in bulk
26-10    quantities to dealers, dyed diesel fuel bonded users, agricultural
26-11    bonded users, bulk users, aviation fuel dealers, or other
26-12    suppliers; or
26-13                      (D)  is engaged in the business of selling or
26-14    delivering diesel fuel in bulk quantities to consumers for
26-15    nonhighway uses.
26-16          SECTION 31.  Subsection (i), Section 153.018, Tax Code, is
26-17    amended to read as follows:
26-18          (i)  Each terminal or bulk plant shall post a notice in a
26-19    conspicuous location proximate to the point of receipt of shipping
26-20    papers that describes the duties of importers and exporters under
26-21    this section.  The comptroller may prescribe the language, type,
26-22    style, and format of the notice.
26-23          SECTION 32.  Subsection (c), Section 153.115, Tax Code, is
26-24    amended to read as follows:
26-25          (c)  A permitted interstate trucker is entitled to deduct
26-26    one-half of one percent of the taxable gallons of gasoline on
 27-1    timely payment of the taxes to the state for the expense of
 27-2    recordkeeping, reporting, and remitting the tax.
 27-3          SECTION 33.  Subsection (a), Section 153.117, Tax Code, is
 27-4    amended to read as follows:
 27-5          (a)  A distributor shall keep:
 27-6                (1)  a record showing the number of gallons of:
 27-7                      (A)  all gasoline inventories on hand at the
 27-8    first of each month;
 27-9                      (B)  all gasoline refined, compounded, or
27-10    blended;
27-11                      (C)  all gasoline purchased or received, showing
27-12    the name of the seller and date of each purchase or receipt;
27-13                      (D)  all gasoline sold, distributed, or used,
27-14    showing the name of the purchaser and the date of the sale or use;
27-15    and
27-16                      (E)  all gasoline lost by fire, theft, or
27-17    accident; and
27-18                (2)  an itemized statement showing by load the number
27-19    of gallons of all gasoline:
27-20                      (A)  received during the preceding calendar month
27-21    for export and the location of the loading;
27-22                      (B)  exported from this state by destination
27-23    state or country; and
27-24                      (C)  imported during the preceding calendar month
27-25    by [destination] state or country of origin.
27-26          SECTION 34.  Subsection (a), Section 153.119, Tax Code, is
 28-1    amended to read as follows:
 28-2          (a)  A person who exports, sells to the federal government,
 28-3    to a public school district in this state, or to a commercial
 28-4    transportation company for exclusive use in providing public school
 28-5    transportation services to a school district under Section 34.008,
 28-6    Education Code, without having added the amount of the tax imposed
 28-7    by this chapter to his selling price, loses by fire, theft, or
 28-8    accident, or uses gasoline for the purpose of operating or
 28-9    propelling a motorboat, tractor used for agricultural purposes, or
28-10    stationary engine, or for another purpose except in a vehicle
28-11    operated or intended to be operated on the public highways of this
28-12    state, and who has paid the tax imposed on gasoline by this chapter
28-13    either directly or indirectly is, when the person has complied with
28-14    the invoice and filing provisions of this section and the rules of
28-15    the comptroller, entitled to reimbursement of the tax paid by him,
28-16    less [a filing fee and] any amount allowed distributors under
28-17    Section 153.105(e) [of this code].  A public school district that
28-18    has paid the tax imposed under this chapter on gasoline used by the
28-19    district or a commercial transportation company that has paid the
28-20    tax imposed under this chapter on gasoline used by the company
28-21    exclusively to provide public school transportation services to a
28-22    school district under Section 34.008, Education Code, is entitled
28-23    to reimbursement of the amount of the tax paid in the same manner
28-24    and subject to the same procedures as other exempted users.
28-25          SECTION 35.  Section 153.122, Tax Code, is amended to read as
28-26    follows:
 29-1          Sec. 153.122.  GASOLINE TAX REFUND PAYMENT [AND FILING FEE].
 29-2    [(a)]  After examination of the refund claim, the comptroller
 29-3    before issuing a refund warrant shall deduct from the amount of the
 29-4    refund[:]
 29-5                [(1)]  the two percent deducted originally by the
 29-6    distributor on the first sale or distribution of the gasoline[; and]
 29-7                [(2)  $1.50 as a filing fee.]
 29-8          [(b)  The filing fees shall be set aside for the use and
 29-9    benefit of the comptroller in the administration and enforcement of
29-10    this section.  All filing fees shall be paid into the state
29-11    treasury and shall be paid out on vouchers and warrants in the
29-12    manner prescribed by law].
29-13          SECTION 36.  Section 153.205, Tax Code, is amended to read as
29-14    follows:
29-15          Sec. 153.205.  STATEMENT FOR PURCHASE OF DIESEL FUEL TAX
29-16    FREE.  (a)  The first sale or use of diesel fuel in this state is
29-17    taxable, except that sales of dyed diesel fuel, or of undyed diesel
29-18    fuel if the fuel will be used for an agricultural nonhighway
29-19    purpose, may be made without collecting the tax if the purchaser
29-20    furnishes to a permitted supplier a signed statement, including an
29-21    end user number or agricultural [user] exemption number issued by
29-22    the comptroller.  A person who wants to use a signed statement to
29-23    purchase dyed diesel fuel must apply to the comptroller for an end
29-24    user number to be used in conjunction with a signed statement.  A
29-25    person who wants to use a signed statement to purchase dyed or
29-26    undyed diesel fuel for an agricultural nonhighway purpose must
 30-1    apply to the comptroller for an agricultural exemption number to be
 30-2    used in conjunction with a signed statement.  A supplier may not
 30-3    make a tax-free sale of any diesel fuel to a purchaser using a
 30-4    signed statement unless the purchaser has an end user number or
 30-5    agricultural exemption number issued by the comptroller under this
 30-6    section [that stipulates that:]
 30-7                [(1)  the purchaser does not operate any diesel-powered
 30-8    motor vehicles on the public highway;]
 30-9                [(2)  all of the diesel fuel will be consumed by the
30-10    purchaser and no diesel fuel purchased on a signed statement will
30-11    be resold; and]
30-12                [(3)  none of the diesel fuel purchased in this state
30-13    will be delivered or permitted by the purchaser to be delivered
30-14    into fuel supply tanks of motor vehicles].
30-15          (b)  A sale of dyed diesel fuel may be made without
30-16    collecting the tax if the purchaser furnishes to a permitted
30-17    supplier a signed statement, including an end user number issued by
30-18    the comptroller, that stipulates that:
30-19                (1)  none of the diesel fuel purchased on the signed
30-20    statement is of a type that may legally be used on the public
30-21    highway;
30-22                (2)  all of the dyed diesel fuel purchased on the
30-23    signed statement will be consumed by the purchaser and will not be
30-24    resold; and
30-25                (3)  none of the dyed diesel fuel purchased on the
30-26    signed statement will be delivered or permitted to be delivered
 31-1    into the fuel supply tank of a motor vehicle operated on the public
 31-2    highways of this state.
 31-3          (c)  A sale of dyed or undyed diesel fuel for an agricultural
 31-4    nonhighway use may be made without collecting the tax if the
 31-5    purchaser furnishes to a permitted supplier a signed statement,
 31-6    including an agricultural exemption number issued by the
 31-7    comptroller, that stipulates that:
 31-8                (1)  all of the dyed and undyed diesel fuel purchased
 31-9    on the signed statement will be used exclusively in agricultural
31-10    nonhighway equipment;
31-11                (2)  all of the dyed and undyed diesel fuel purchased
31-12    on the signed statement will be consumed by the purchaser and will
31-13    not be resold; and
31-14                (3)  none of the dyed or undyed diesel fuel purchased
31-15    on the signed statement will be delivered or permitted to be
31-16    delivered into the fuel supply tank of a motor vehicle operated on
31-17    the public highways of this state.
31-18          (d)  A person may not make a tax-free purchase of any diesel
31-19    fuel under this section using a signed statement:
31-20                (1)  for the purchase of more than 3,000 gallons of
31-21    dyed or undyed diesel fuel in a single transaction or delivery; or
31-22                (2)  in a calendar month in which the person has
31-23    previously purchased more than 10,000 gallons of dyed or undyed
31-24    diesel fuel from all sources.
31-25          (e)  Any gallons purchased in excess of the limitations
31-26    prescribed by Subsection (d) constitute a taxable purchase.  The
 32-1    purchaser paying the tax on dyed or undyed diesel fuel in excess of
 32-2    the limitations prescribed by Subsection (d) may claim a refund of
 32-3    the tax paid on any dyed or undyed diesel fuel used for nonhighway
 32-4    purposes under Section 153.222.
 32-5          (f)  A supplier may not make a tax-free sale of any diesel
 32-6    fuel under this section to a purchaser using a signed statement:
 32-7                (1)  for the sale of more than 3,000 gallons of dyed or
 32-8    undyed diesel fuel in a single transaction or delivery; or
 32-9                (2)  in a calendar month in which the supplier has
32-10    previously sold more than 10,000 gallons of dyed or undyed diesel
32-11    fuel to the purchaser.
32-12          (g)  Any gallons sold in excess of the limitations prescribed
32-13    by Subsection (f) constitute a taxable sale.  The purchaser paying
32-14    the tax on dyed or undyed diesel fuel in excess of the limitations
32-15    prescribed by Subsection (f) may claim a refund of the tax paid on
32-16    any dyed or undyed diesel fuel used for nonhighway purposes under
32-17    Section 153.222.
32-18          (h) [(c)]  The signed statement and end user number or
32-19    agricultural [user] exemption number from the purchaser as provided
32-20    by this section relieves the permitted supplier from the burden of
32-21    proof that the sale of dyed diesel fuel or of undyed diesel fuel
32-22    for an agricultural nonhighway purpose was not taxable to the
32-23    purchaser and remains in effect unless:
32-24                (1)  the statement is revoked in writing by the
32-25    purchaser or supplier; or
32-26                (2)  the comptroller notifies the supplier in writing
 33-1    that the purchaser may no longer make tax-free purchases[; or]
 33-2                [(3)  the supplier is put on notice by making taxable
 33-3    sales of diesel fuel to a purchaser who has previously submitted a
 33-4    signed statement to this supplier].
 33-5          (i) [(d)  A taxable sale to a person who has previously
 33-6    submitted a signed statement creates a rebuttable presumption that
 33-7    the supplier had reasonable notice that all subsequent sales should
 33-8    have been taxable.]
 33-9          [(e)]  A taxable use of any part of the dyed or undyed diesel
33-10    fuel purchased under a signed statement shall, in addition to any
33-11    criminal penalty, forfeit the right of the person to purchase dyed
33-12    or undyed diesel fuel tax free for a period of one year from the
33-13    date of the offense, and any tax, interest, and penalty found to be
33-14    due through false or erroneous execution or continuance of a
33-15    promissory statement by the purchaser, if assessed to the supplier,
33-16    is a debt of the purchaser to the supplier until paid, and is
33-17    recoverable at law in the same manner as the purchase price of the
33-18    fuel.  The person may, however, claim a refund of the tax paid on
33-19    any undyed diesel fuel used for nonhighway purposes under Section
33-20    153.222.
33-21          [(f)  The statement must be signed by the purchaser or his
33-22    representative.]
33-23          [(g)  The comptroller's regulations may allow separate
33-24    operating divisions of corporations to give separate signed
33-25    statements as if they were different legal entities.]
33-26          [(h)  The comptroller may promulgate necessary forms and
 34-1    rules to administer and enforce this section.]
 34-2          [(i)  A permitted supplier may not make a tax-free sale of
 34-3    dyed diesel fuel, or undyed diesel fuel for agricultural purposes,
 34-4    to a purchaser using a signed statement:]
 34-5                [(1)  for the sale of more than 3,000 gallons of dyed
 34-6    or undyed diesel fuel in a single transaction; or]
 34-7                [(2)  in a calendar month in which the supplier has
 34-8    previously sold more than 10,000 gallons of dyed or undyed diesel
 34-9    fuel to the purchaser.]
34-10          [(j)(1)  A sale of dyed diesel fuel, or undyed diesel fuel
34-11    for agricultural purposes, may be made without collecting tax from
34-12    a purchaser who operates one or more motor vehicles on the public
34-13    highway and who furnishes to a permitted supplier a signed
34-14    statement and end user number or agricultural user exemption number
34-15    only as provided in this subsection.]
34-16                [(2)  The statement must stipulate that all the dyed or
34-17    undyed diesel fuel will be consumed by the purchaser for purposes
34-18    other than operating a motor vehicle on the public highway and that
34-19    no dyed or undyed diesel fuel purchased on a signed statement will
34-20    be resold or delivered into the fuel supply tanks of a motor
34-21    vehicle.]
34-22                [(3)  Diesel fuel which may be sold without collection
34-23    of tax under this subsection must be of a type that may not be
34-24    legally used by the purchaser for the operation of a motor vehicle
34-25    on the public highway under state or federal law.]
34-26                [(4)  Subsections (a), (c)(3), and (d) of this section
 35-1    do not apply to sales of fuel under this subsection.]
 35-2          [(k)  A person who wants to use a signed statement to
 35-3    purchase dyed diesel fuel must apply to the comptroller for an end
 35-4    user number to be used in conjunction with a signed statement.  A
 35-5    person who wants to use a signed statement to purchase dyed or
 35-6    undyed diesel fuel for agricultural purposes must apply to the
 35-7    comptroller for an agricultural user exemption number to be used in
 35-8    conjunction with a signed statement.  A person may not make a
 35-9    tax-free sale of any diesel fuel to a purchaser using a signed
35-10    statement unless the purchaser has an end user number or
35-11    agricultural user exemption number issued by the comptroller under
35-12    this subsection.]
35-13          SECTION 37.  Subsections (c) and (i), Section 153.206, Tax
35-14    Code, are amended to read as follows:
35-15          (c)  A dyed diesel fuel bonded user, agricultural bonded
35-16    user, or other user, except a diesel tax prepaid user, shall report
35-17    and pay to the state the tax at the rate imposed on each gallon of
35-18    diesel fuel delivered by him into the fuel supply tanks of a motor
35-19    vehicle, unless the tax has been paid to a permitted supplier or a
35-20    dealer, or, as a diesel tax prepaid user, the tax has been prepaid
35-21    directly to the comptroller.
35-22          (i)  A dyed diesel fuel bonded user, an agricultural bonded
35-23    user, or a permitted interstate trucker is entitled to deduct
35-24    one-half of one percent of the taxable gallons of diesel fuel on
35-25    timely payment of the taxes to this state for the expense of
35-26    recordkeeping, reporting, and remitting the tax.
 36-1          SECTION 38.  The heading to Section 153.217, Tax Code, is
 36-2    amended to read as follows:
 36-3          Sec. 153.217.  LIST OF SUPPLIERS, DYED DIESEL FUEL BONDED
 36-4    USERS, AGRICULTURAL BONDED USERS, AVIATION FUEL DEALERS, AND DIESEL
 36-5    FUEL JOBBERS.
 36-6          SECTION 39.  Subsection (j), Section 153.219, Tax Code, is
 36-7    amended to read as follows:
 36-8          (j)  A supplier shall keep:
 36-9                (1)  an itemized statement showing by load the number
36-10    of gallons of all diesel fuel received during the preceding
36-11    calendar month for export;
36-12                (2)  an itemized statement showing by load the number
36-13    of gallons of all diesel fuel exported from this state by
36-14    destination state or country;
36-15                (3)  an itemized statement showing by load the number
36-16    of gallons of all diesel fuel imported during the preceding
36-17    calendar month by [destination] state or country of origin;
36-18                (4)  an itemized statement differentiating between dyed
36-19    and undyed diesel fuel and showing by purchaser, end user number,
36-20    or agricultural [user] exemption number the number of gallons of
36-21    dyed and undyed diesel fuel sold tax free to a purchaser using a
36-22    signed statement in accordance with Section 153.205; and
36-23                (5)  an itemized statement showing by purchaser and
36-24    permit number the number of gallons of dyed and undyed diesel fuel
36-25    sold tax free to dyed diesel fuel bonded users and agricultural
36-26    bonded users.
 37-1          SECTION 40.  Subsections (a) and (c), Section 153.221, Tax
 37-2    Code, are amended to read as follows:
 37-3          (a)  On or before the 25th day of each month, a supplier, a
 37-4    dealer required to collect the tax under Section 153.206(b), or a
 37-5    dyed diesel fuel bonded user, agricultural bonded user, or other
 37-6    user required to pay the tax under Section 153.206(c) shall file a
 37-7    report of diesel fuel transactions or of diesel fuel delivered by a
 37-8    dyed diesel fuel bonded user, agricultural bonded user, or other
 37-9    user into the fuel tank of a motor vehicle owned or operated by the
37-10    user and such supplements as the comptroller may require and remit
37-11    the amount of tax required to be collected or to be paid during the
37-12    preceding month.  A report must be filed on a form or in a manner
37-13    provided by the comptroller and contain information required by the
37-14    comptroller, showing complete and detailed information of diesel
37-15    fuel transactions or use during the preceding month.  A supplier
37-16    required to file a report under this section who has not sold,
37-17    used, or distributed any diesel fuel during the reporting period
37-18    shall file with the comptroller the report setting forth the facts
37-19    or information.  The failure of a supplier, dealer, or dyed diesel
37-20    fuel bonded user, agricultural bonded user, or other user to obtain
37-21    forms or software from the comptroller is no excuse for the failure
37-22    to file a report.  The report must be executed by the supplier,
37-23    dealer, or user, or his representative, and is subject to the
37-24    penalties provided in this chapter.
37-25          (c)  No report is required to be filed by:
37-26                (1)  an aviation fuel dealer;
 38-1                (2)  a trip permit user;
 38-2                (3)  a diesel tax prepaid user;
 38-3                (4)  a person issuing signed statements; or
 38-4                (5)  [a common or contract carrier; or]
 38-5                [(6)]  a diesel fuel jobber.
 38-6          SECTION 41.  Subsection (a), Section 153.222, Tax Code, is
 38-7    amended to read as follows:
 38-8          (a)  A dealer or diesel fuel jobber who has paid tax on
 38-9    diesel fuel that has been used or sold for use by the dealer or
38-10    diesel fuel jobber for any purpose other than propelling a motor
38-11    vehicle on the public highways of this state or that has been sold
38-12    to the United States or a public school district in this state for
38-13    the exclusive use of the purchaser, or to a commercial
38-14    transportation company for exclusive use in providing public school
38-15    transportation services to a school district under Section 34.008,
38-16    Education Code, without adding the amount of the tax to his selling
38-17    price, and a user who has paid tax on any diesel fuel that has been
38-18    used by him for a purpose other than propelling a motor vehicle on
38-19    the public highways, is a public school district and has paid the
38-20    tax on diesel fuel purchased for its exclusive use, is a commercial
38-21    transportation company and has paid the tax on diesel fuel used by
38-22    the company exclusively to provide public school transportation
38-23    services to a school district under Section 34.008, Education Code,
38-24    or is a person who has paid tax on diesel fuel used in a commercial
38-25    motor vehicle as provided by Section 153.203(10) may file a claim
38-26    for a refund of taxes paid, less the deduction allowed vendors [and
 39-1    a filing fee].
 39-2          SECTION 42.  Section 153.225, Tax Code, is amended to read as
 39-3    follows:
 39-4          Sec. 153.225.  DIESEL FUEL TAX REFUND PAYMENTS [AND FILING
 39-5    FEE].  [(a)]  After examination and approval of the refund claim,
 39-6    the comptroller before issuing a refund warrant shall deduct from
 39-7    the amount of the refund payment[:]
 39-8                [(1)]  the 2 percent deducted originally by the
 39-9    supplier on the sale or delivery of the diesel fuel[; and]
39-10                [(2)  $1.50 as a filing fee.]
39-11          [(b)  The filing fees shall be set aside for the use and
39-12    benefit of the comptroller in the administration and enforcement of
39-13    the provisions of this chapter, and for payment of expenses in
39-14    furnishing the claim forms and other forms.  All filing fees shall
39-15    be paid into the state treasury and shall be paid out on vouchers
39-16    and warrants in the manner prescribed by law].
39-17          SECTION 43.  Subsections (c) and (d), Section 153.308, Tax
39-18    Code, are amended to read as follows:
39-19          (c)  The tax on one percent of the taxable gallons of
39-20    liquefied gas sold in this state shall be allocated to the
39-21    permitted dealer making the sale for the expense of collecting,
39-22    accounting for, reporting, and timely remitting the taxes collected
39-23    and keeping the records.  The allocation allowance shall be
39-24    deducted by the permitted dealers in the payment to the state.
39-25          (d)  The tax of one-half of one percent of the taxable
39-26    gallons of liquefied gas used in this state by persons permitted as
 40-1    interstate truckers shall be allocated to the interstate trucker
 40-2    making the use of the liquefied gas for the expense of accounting
 40-3    for, reporting, and timely remitting the taxes due.
 40-4          SECTION 44.  Subsection (c), Section 153.311, Tax Code, is
 40-5    amended to read as follows:
 40-6          (c)  A permitted interstate trucker is entitled to a refund
 40-7    of the amount of the Texas liquefied gas tax paid on each gallon of
 40-8    liquefied gas subsequently used outside this state.  On
 40-9    verification by the comptroller that the interstate trucker's
40-10    report was timely filed with all information required, the
40-11    comptroller [he] shall issue a warrant to the interstate trucker
40-12    for the amount of the refund less the one percent deducted
40-13    originally by the permitted dealer making the sale [and a filing
40-14    fee of $1.50].  Failure to file an interstate trucker report by the
40-15    25th of the month following the end of a calendar quarter forfeits
40-16    the right to a refund.
40-17          SECTION 45.  Subdivision (13), Section 154.001, Tax Code, is
40-18    amended to read as follows:
40-19                (13)  "Permit holder" means a bonded agent,
40-20    distributor, wholesaler, manufacturer, importer, or retailer
40-21    required to obtain a permit under Section 154.101.
40-22          SECTION 46.  Subsections (a), (b), and (h), Section 154.101,
40-23    Tax Code, are amended to read as follows:
40-24          (a)  A person may not engage in business as a distributor,
40-25    wholesaler, bonded agent, manufacturer, importer, or retailer
40-26    unless the person has applied for and received the applicable
 41-1    permit from the comptroller.
 41-2          (b)  Each distributor, wholesaler, bonded agent,
 41-3    manufacturer, importer, or retailer shall obtain a permit for each
 41-4    place of business owned or operated by the distributor, wholesaler,
 41-5    bonded agent, manufacturer, importer, or retailer.
 41-6          (h)  Permits for engaging in business as a distributor,
 41-7    wholesaler, bonded agent, manufacturer, importer, or retailer shall
 41-8    be governed exclusively by the provisions of this code.
 41-9          SECTION 47.  Subsection (a), Section 154.102, Tax Code, is
41-10    amended to read as follows:
41-11          (a)  The comptroller may issue a combination permit for
41-12    cigarettes and tobacco products to a person who is a distributor,
41-13    wholesaler, bonded agent, manufacturer, importer, or retailer as
41-14    defined by this chapter and Chapter 155 for both cigarettes and
41-15    tobacco products.
41-16          SECTION 48.  Subsection (a), Section 154.110, Tax Code, is
41-17    amended to read as follows:
41-18          (a)  The comptroller shall issue a permit to a distributor,
41-19    wholesaler, bonded agent, manufacturer, importer, or retailer if
41-20    the comptroller:
41-21                (1)  has received an application and fee, if required;
41-22                (2)  believes that the applicant has complied with
41-23    Section 154.101; and
41-24                (3)  determines that issuing the permit will not
41-25    jeopardize the administration and enforcement of this chapter.
41-26          SECTION 49.  Subsection (a), Section 154.501, Tax Code, is
 42-1    amended to read as follows:
 42-2          (a)  A person violates this chapter if the person:
 42-3                (1)  is a distributor, wholesaler, manufacturer,
 42-4    importer, bonded agent, manufacturer's representative, or retailer
 42-5    and fails to keep records required by this chapter;
 42-6                (2)  engages in the business of a bonded agent,
 42-7    distributor, wholesaler, manufacturer, importer, or retailer
 42-8    without a valid permit;
 42-9                (3)  is a distributor, wholesaler, manufacturer,
42-10    importer, bonded agent, or retailer and fails to make a report or
42-11    makes a false or incomplete report or application required by this
42-12    chapter to the comptroller; or
42-13                (4)  is a person affected by this chapter and fails or
42-14    refuses to abide by or violates a provision of this chapter or a
42-15    rule adopted by the comptroller under this chapter.
42-16          SECTION 50.  Subdivision (11), Section 155.001, Tax Code, is
42-17    amended to read as follows:   
42-18                (11)  "Permit holder" means a bonded agent,
42-19    distributor, wholesaler, manufacturer, importer, or retailer
42-20    required to obtain a permit under Section 155.041.
42-21          SECTION 51.  Subsections (a), (b), and (h), Section 155.041,
42-22    Tax Code, are amended to read as follows:
42-23          (a)  A person may not engage in business as a distributor,
42-24    wholesaler, bonded agent, manufacturer, importer, or retailer
42-25    unless the person has applied for and received the applicable
42-26    permit from the comptroller.
 43-1          (b)  Each distributor, wholesaler, bonded agent,
 43-2    manufacturer, importer, or retailer shall obtain a permit for each
 43-3    place of business owned or operated by the distributor, wholesaler,
 43-4    bonded agent, manufacturer, importer, or retailer.
 43-5          (h)  Permits for engaging in business as a distributor,
 43-6    wholesaler, bonded agent, manufacturer, importer, or retailer shall
 43-7    be governed exclusively by the provisions of this code.
 43-8          SECTION 52.  Subsection (a), Section 155.048, Tax Code, is
 43-9    amended to read as follows:
43-10          (a)  The comptroller shall issue a permit to a distributor,
43-11    wholesaler, bonded agent, manufacturer, importer, or retailer if
43-12    the comptroller:
43-13                (1)  has received an application and fee, if required;
43-14                (2)  does not reject the application and deny the
43-15    permit under Section 155.0481; and
43-16                (3)  determines that issuing the permit will not
43-17    jeopardize the administration and enforcement of this chapter.
43-18          SECTION 53.  Section 155.111, Tax Code, is amended by adding
43-19    Subsection (d) to read as follows:
43-20          (d)  If more than 50 percent of all untaxed tobacco products
43-21    received by the distributor in this state are actually sold outside
43-22    of this state, the distributor shall include in the report only
43-23    tobacco products that are sold in this state.
43-24          SECTION 54.  Subsection (a), Section 155.201, Tax Code, is
43-25    amended to read as follows:
43-26          (a)  A person violates this chapter if the person:
 44-1                (1)  is a distributor, wholesaler, manufacturer,
 44-2    importer, bonded agent, manufacturer's representative, or retailer
 44-3    and fails to keep records required by this chapter;
 44-4                (2)  engages in the business of a bonded agent,
 44-5    distributor, wholesaler, manufacturer, importer, or retailer
 44-6    without a valid permit;
 44-7                (3)  is a distributor, wholesaler, manufacturer,
 44-8    importer, bonded agent, or retailer and fails to make a report
 44-9    required by this chapter to the comptroller or makes a false or
44-10    incomplete report or application required by this chapter to the
44-11    comptroller; or
44-12                (4)  is a person affected by this chapter and fails or
44-13    refuses to abide by or violates a provision of this chapter or a
44-14    rule adopted by the comptroller under this chapter.
44-15          SECTION 55.  Section 171.076, Tax Code, is amended to read as
44-16    follows:
44-17          Sec. 171.076.  EXEMPTION--COOPERATIVE CREDIT ASSOCIATION.  A
44-18    cooperative credit association incorpoated under Chapter 55,
44-19    Agriculture Code, an organization organized under 12 U.S.C. Section
44-20    2071, or an agricultural credit association regulated by the Farm
44-21    Credit Administration is exempted from the franchise tax.
44-22          SECTION 56.  Section 171.1032, Tax Code, is amended by
44-23    amending Subsection (a) and adding Subsection (c) to read as
44-24    follows:
44-25          (a)  Except for the gross receipts of a corporation that are
44-26    subject to the provisions of Section 171.1061, in apportioning
 45-1    taxable earned surplus, the gross receipts of a corporation from
 45-2    its business done in this state is the sum of the corporation's
 45-3    receipts from:
 45-4                (1)  each sale of tangible personal property if the
 45-5    property is delivered or shipped to a buyer in this state
 45-6    regardless of the FOB point or another condition of the sale, and
 45-7    each sale of tangible personal property shipped from this state to
 45-8    a purchaser in another state in which the seller is not subject to
 45-9    any tax on, or measured by, net income, without regard to whether
45-10    the tax is imposed;
45-11                (2)  each service performed in this state;
45-12                (3)  each rental of property situated in this state;
45-13                (4)  the use of a patent, copyright, trademark,
45-14    franchise, or license in this state;
45-15                (5)  each sale of real property located in this state,
45-16    including royalties from oil, gas, or other mineral interests;
45-17    [and]
45-18                (6)  each partnership or joint venture to the extent
45-19    provided by Subsection (c); and
45-20                (7)  other business done in this state.
45-21          (c)  A corporation shall include in its gross receipts
45-22    computed under Subsection (a) the corporation's share of the gross
45-23    receipts of each partnership and joint venture of which the
45-24    corporation is a part apportioned to this state as though the
45-25    corporation directly earned the receipts, including receipts from
45-26    business done with the corporation.
 46-1          SECTION 57.  Section 171.1051, Tax Code, is amended by
 46-2    amending Subsection (a) and adding Subsection (d) to read as
 46-3    follows:
 46-4          (a)  Except for the gross receipts of a corporation that are
 46-5    subject to the provisions of Section 171.1061, in apportioning
 46-6    taxable earned surplus, the gross receipts of a corporation from
 46-7    its entire business is the sum of the corporation's receipts from:
 46-8                (1)  each sale of the corporation's tangible personal
 46-9    property;
46-10                (2)  each service, rental, or royalty; [and]
46-11                (3)  each partnership and joint venture as provided by
46-12    Subsection (d); and
46-13                (4)  other business.
46-14          (d)  A corporation shall include in its gross receipts
46-15    computed under Subsection (a) the corporation's share of the gross
46-16    receipts of each partnership and joint venture of which the
46-17    corporation is a part.
46-18          SECTION 58.  Section 171.106, Tax Code, is amended by adding
46-19    Subsection (h) to read as follows:
46-20          (h)  A banking corporation shall exclude from the numerator
46-21    of the bank's apportionment factor interest earned on federal funds
46-22    and interest earned on securities sold under an agreement to
46-23    repurchase that are held in this state in a correspondent bank that
46-24    is domiciled in this state.  In this subsection, "correspondent"
46-25    has the meaning assigned by 12 C.F.R. Section 206.2(c).
46-26          SECTION 59.  Section 171.109, Tax Code, is amended by adding
 47-1    Subsection (n) to read as follows:
 47-2          (n)  A corporation must use the equity method of accounting
 47-3    when reporting an investment in a partnership or joint venture.
 47-4          SECTION 60.  Section 171.1121, Tax Code, is amended by adding
 47-5    Subsection (e) to read as follows:
 47-6          (e)  A corporation's share of a partnership's gross receipts
 47-7    that is included in the corporation's federal taxable income must
 47-8    be used in computing the corporation's gross receipts under this
 47-9    section.  Unless otherwise provided by this chapter, a corporation
47-10    may not deduct costs incurred from the corporation's share of a
47-11    partnership's gross receipts.  The gross receipts must be
47-12    apportioned as though the corporation directly earned them.
47-13          SECTION 61.  Subsection (b), Section 171.260, Tax Code, is
47-14    amended to read as follows:
47-15          (b)  The savings and loan commissioner shall appoint a
47-16    conservator under Subtitle B or C, Title 3, Finance Code, to pay
47-17    the franchise tax of a savings and loan association [corporation]
47-18    that is organized under the laws of this state and that the
47-19    commissioner certifies as being delinquent in the payment of the
47-20    association's [corporation's] franchise tax.
47-21          SECTION 62.  Subsection (d), Section 171.501, Tax Code, is
47-22    amended to read as follows:
47-23          (d)  The amount of a refund under this section is the lesser
47-24    of $5,000 or 25 percent of the amount of franchise tax due [taxes
47-25    paid] for any one privilege period before any other applicable
47-26    credits.  For purposes of this subsection, the initial and second
 48-1    periods are considered to be the same privilege period.
 48-2          SECTION 63.  Section 171.655, Tax Code, is amended to read as
 48-3    follows:
 48-4          Sec. 171.655.  LIMITATION.  The credit claimed for each
 48-5    privilege period may not exceed 50 percent of the amount of [net]
 48-6    franchise tax due for the privilege period before [after] any other
 48-7    applicable tax credits.
 48-8          SECTION 64.  Section 171.685, Tax Code, is amended to read as
 48-9    follows:
48-10          Sec. 171.685.  LIMITATION.  The total credits claimed under
48-11    this subchapter for a privilege period may not exceed 50 percent of
48-12    the amount of [net] franchise tax due for the privilege period
48-13    before [after] any other applicable tax credits.
48-14          SECTION 65.  Subsection (b), Section 171.705, Tax Code, is
48-15    amended to read as follows:
48-16          (b)  A corporation may not claim a credit in an amount that
48-17    exceeds 90 percent of the amount of tax due for the report before
48-18    any other applicable credits.
48-19          SECTION 66.  Section 171.753, Tax Code, is amended to read as
48-20    follows:
48-21          Sec. 171.753.  CALCULATION OF CREDIT.  A corporation may
48-22    establish a credit equal to five [25] percent of the total wages
48-23    and salaries paid by the corporation for qualifying jobs during the
48-24    period upon which the tax is based.
48-25          SECTION 67.  Section 171.754, Tax Code, is amended to read as
48-26    follows:
 49-1          Sec. 171.754.  LENGTH OF CREDIT.  The credit established
 49-2    shall be established on [claimed in five equal installments of
 49-3    one-fifth the credit amount over the] five consecutive reports
 49-4    beginning with the report based upon the period during which the
 49-5    qualifying jobs were created.
 49-6          SECTION 68.  Section 171.756, Tax Code, is amended to read as
 49-7    follows:
 49-8          Sec. 171.756.  CARRYFORWARD.  (a)  If a corporation is
 49-9    eligible for a credit [from an installment] that exceeds the
49-10    limitations under Section 171.755(a) or (b), the corporation may
49-11    carry the unused credit forward for not more than five consecutive
49-12    reports.
49-13          (b)  A carryforward is considered the remaining portion of a
49-14    credit [an installment] that cannot be claimed in the current year
49-15    because of the tax limitation under Section 171.755.  A
49-16    carryforward is added to the next year's [installment of the]
49-17    credit in determining the tax limitation for that year.  A credit
49-18    carryforward from a previous report is considered to be utilized
49-19    before the current year credit [installment].
49-20          SECTION 69.  Section 171.831, Tax Code, is amended to read as
49-21    follows:
49-22          Sec. 171.831.  DEFINITION.  In this subchapter, "school-age
49-23    child care" means care provided before or [and] after school and
49-24    during the summer and holidays for children who are at least five
49-25    years of age but younger than 14 years of age.
49-26          SECTION 70.  Subsection (c), Section 171.834, Tax Code, is
 50-1    amended to read as follows:
 50-2          (c)  A corporation may not claim a credit in an amount that
 50-3    exceeds 50 percent of the amount of [net] franchise tax due, before
 50-4    [after] applying any other credits, for the reporting period.
 50-5          SECTION 71.  Chapter 171, Tax Code, is amended by adding
 50-6    Subchapter S to read as follows:
 50-7                     SUBCHAPTER S.  CREDITS LIMITATION
 50-8          Sec. 171.851.  LIMITATION.  The total credits claimed under
 50-9    this chapter for a report, including the amount of any carryforward
50-10    credits, may not exceed the amount of franchise tax due for the
50-11    report.
50-12          SECTION 72.  Section 211.055, Tax Code, is amended to read as
50-13    follows:
50-14          Sec. 211.055.  MAXIMUM TAX.  The amount of tax imposed by
50-15    this chapter may not exceed the amount of the tax imposed under
50-16    Section 2001, Internal Revenue Code, reduced by the unified credit
50-17    provided under Section 2010, Internal Revenue Code [taxes imposed
50-18    by this chapter, when added to the federal tax as finally assessed
50-19    and determined, may not exceed the amount of the federal tax which,
50-20    without application of this chapter and the federal credit and the
50-21    generation-skipping transfer tax credit to which it refers, would
50-22    otherwise be payable to the federal government under Subtitle B,
50-23    Chapters 11 and 13, Internal Revenue Code].
50-24          SECTION 73.  Subchapter D, Chapter 321, Tax Code, is amended
50-25    by adding Section 321.312 to read as follows:
50-26          Sec. 321.312.  RETENTION OF CERTAIN MUNICIPAL SALES TAXES.  A
 51-1    municipality that holds a sales and use tax permit issued by the
 51-2    comptroller and that imposes a sales and use tax may retain the
 51-3    portion of the tax that the municipality collects and that
 51-4    constitutes the municipality's own tax.  The municipality shall
 51-5    remit to the comptroller all other applicable local sales and use
 51-6    taxes and the state sales and use tax.
 51-7          SECTION 74.  Subchapter D, Chapter 322, Tax Code, is amended
 51-8    by adding Section 322.306 to read as follows:
 51-9          Sec. 322.306.  RETENTION OF CERTAIN SPECIAL PURPOSE DISTRICT
51-10    SALES TAXES.  A taxing entity that holds a sales and use tax permit
51-11    issued by the comptroller and that imposes a sales and use tax may
51-12    retain the portion of the tax that the taxing entity collects and
51-13    that constitutes the entity's own tax.  The taxing entity shall
51-14    remit to the comptroller all other applicable local sales and use
51-15    taxes and the state sales and use tax.
51-16          SECTION 75.  Subchapter D, Chapter 323, Tax Code, is amended
51-17    by adding Section 323.312 to read as follows:
51-18          Sec. 323.312.  RETENTION OF CERTAIN COUNTY SALES TAXES.  A
51-19    county that holds a sales and use tax permit issued by the
51-20    comptroller and that imposes a sales and use tax may retain the
51-21    portion of the tax that the county collects and that constitutes
51-22    the county's own tax.  The county shall remit to the comptroller
51-23    all other applicable local sales and use taxes and the state sales
51-24    and use tax.
51-25          SECTION 76.  Subsection (a), Section 311.045, Health and
51-26    Safety Code, is amended to read as follows:
 52-1          (a)  A nonprofit hospital or hospital system shall annually
 52-2    satisfy the requirements of this subchapter and of Sections
 52-3    11.18(d)(1), 151.310(a)(2) and (e), and 171.063(a)(1), Tax Code, to
 52-4    provide community benefits which include charity care and
 52-5    government-sponsored indigent health care by complying with one or
 52-6    more of the standards set forth in Subsection (b).  The hospital or
 52-7    hospital system shall file a statement with the Bureau of State
 52-8    Health Data and Policy Analysis at the department and[, with] the
 52-9    chief appraiser of the local appraisal district[, and with the
52-10    comptroller's office] no later than the 120th day after the
52-11    hospital's or hospital system's fiscal year ends, stating which of
52-12    the standards in Subsection (b) have been satisfied, provided,
52-13    however, that the first report shall be filed no later than the
52-14    120th day after the end of the hospital's or hospital system's
52-15    fiscal year ending during 1994.  For hospitals in a hospital
52-16    system, the corporate parent may elect to satisfy the charity care
52-17    requirements of this subchapter for each of the hospitals within
52-18    the system on a consolidated basis.
52-19          SECTION 77.  Section 74.402, Property Code, is amended to
52-20    read as follows:
52-21          Sec. 74.402.  NOTICE OF SALE.  Before the 21st day preceding
52-22    the day on which a public sale is held under Section 74.401, the
52-23    comptroller shall publish notice of the sale in a newspaper of
52-24    general circulation in Travis County or in the county where the
52-25    sale is to be held.  If the public sale is to be held on the
52-26    Internet or by an online auction, the comptroller may post the
 53-1    notice on the comptroller's own website before the seventh day
 53-2    preceding the date on which the sale or auction is held.
 53-3          SECTION 78.  Subsection (e), Section 11.011, Texas Racing Act
 53-4    (Article 179e, Vernon's Texas Civil Statutes), is amended to read
 53-5    as follows:
 53-6          (e)  The racetrack where the wager is made is responsible for
 53-7    reporting and remitting the state's share of the pari-mutuel pool.
 53-8    [If intrastate wagering pools are combined between tracks, the
 53-9    track where the race originates is responsible for the state's
53-10    share of the pari-mutuel pool regardless of whether a shortage or
53-11    error occurred at the originating track or receiving track.]
53-12          SECTION 79.  Section 1, Article 6550c-1, Revised Statutes, is
53-13    amended by amending Subdivision (6) and adding Subdivision (7) to
53-14    read as follows:
53-15                (6)  "District property" means all property the
53-16    district owns or leases under a long-term lease.
53-17                (7)  "System" means all of the commuter rail and
53-18    intermodal facilities leased or owned by or operated on behalf of a
53-19    district created under this article.
53-20          SECTION 80.  Section 9, Article 6550c-1, Revised Statutes, is
53-21    amended to read as follows:
53-22          Sec. 9.  SALES AND USE TAXES.  (a)  A [district shall collect
53-23    or cause to be collected] sales and use tax is imposed [taxes] on
53-24    items sold on district property.  The sales and use tax shall be
53-25    imposed [collected] at the rate of the highest combination of
53-26    [state and] local sales and use taxes imposed at the time of the
 54-1    district's creation in any local governmental jurisdiction which is
 54-2    a member of a district.  The [After deducting the state share of
 54-3    sales and use taxes, the] comptroller shall remit to a district the
 54-4    local sales and use tax collected on the district's property.  All
 54-5    other local sales and use taxes that would otherwise be imposed on
 54-6    district property are preempted by the imposition of this tax.
 54-7          (b)  The comptroller shall administer, collect, and enforce a
 54-8    tax imposed under this Act.  Chapter 321, Tax Code, governs the
 54-9    computation, administration, governance, and use of the tax except
54-10    as inconsistent with this Act.
54-11          (c)  The district shall notify the comptroller in writing by
54-12    United States registered or certified mail of the district's
54-13    creation and of its intent to impose the sales and use tax under
54-14    this Act.  The district shall provide to the comptroller all
54-15    information required to implement the tax, including:
54-16                (1)  an adequate map showing the property boundaries of
54-17    the district;
54-18                (2)  a certified copy of the resolution of the district
54-19    board adopting the tax; and
54-20                (3)  certified copies of the resolutions of the
54-21    governing bodies of the municipalities creating the district and of
54-22    the commissioners courts in the counties in which the
54-23    municipalities are located.
54-24          (d)  Not later than the 30th day after the date the
54-25    comptroller receives the notice, map, and other information, the
54-26    comptroller shall inform the district whether the comptroller is
 55-1    prepared to administer the tax.
 55-2          (e)  At the same time the district notifies the comptroller
 55-3    under Subsection (c) of this section, the district shall notify
 55-4    each affected local governmental jurisdiction of the district's
 55-5    creation and provide each jurisdiction with an adequate map showing
 55-6    the property boundaries of the district.
 55-7          (f)  Not later than the 30th day after the date the district
 55-8    acquires additional territory, the district shall notify the
 55-9    comptroller and each affected local governmental jurisdiction of
55-10    the acquisition.  The district must include with each notification
55-11    an adequate map showing the new property boundaries of the district
55-12    and the date the additional territory was acquired.  Not later than
55-13    the 30th day after the date the comptroller receives the notice
55-14    under this subsection, the comptroller shall inform the district
55-15    whether the comptroller is prepared to administer the tax in the
55-16    additional territory.
55-17          (g)  A tax imposed under this Act or the repeal of a tax
55-18    abolished under this Act takes effect on the first day of the first
55-19    complete calendar quarter that occurs after the expiration of the
55-20    first complete calendar quarter that occurs after the date the
55-21    comptroller receives a notice of the action as required by this
55-22    section.
55-23          SECTION 81.  The following provisions of the Tax Code are
55-24    repealed:
55-25                (1)  Subsections (d) and (e), Section 151.319;
55-26                (2)  Subsections (c) and (d), Section 171.757; and
 56-1                (3)  Subsection (b), Section 201.052.
 56-2          SECTION 82.  Each change in law made by this Act to the
 56-3    following provisions is a clarification of existing law and does
 56-4    not imply that existing law may be construed as inconsistent with
 56-5    the law as amended by this Act:
 56-6                (1)  Subsection (b), Section 111.0081, Tax Code;
 56-7                (2)  Subsection (a), Section 151.007, Tax Code;
 56-8                (3)  Section 151.010, Tax Code;
 56-9                (4)  Section 151.057, Tax Code;
56-10                (5)  Subsection (b), Section 151.257, Tax Code;
56-11                (6)  Subsection (a), Section 151.308, Tax Code;
56-12                (7)  Section 151.310, Tax Code;
56-13                (8)  Section 151.313, Tax Code;
56-14                (9)  Subsection (a), Section 151.317, Tax Code;
56-15                (10)  Subsections (a) and (t), Section 151.318, Tax
56-16    Code;
56-17                (11)  Subsection (e), Section 151.3185, Tax Code;
56-18                (12)  Subsection (b), Section 151.319, Tax Code;
56-19                (13)  Subsection (a), Section 152.047, Tax Code;
56-20                (14)  Subsection (d), Section 152.091, Tax Code;
56-21                (15)  Subdivision (25), Section 153.001, Tax Code;
56-22                (16)  Subsection (i), Section 153.018, Tax Code;
56-23                (17)  Subsection (a), Section 153.117, Tax Code;
56-24                (18)  Section 153.205, Tax Code;
56-25                (19)  Subsection (c), Section 153.206, Tax Code;
56-26                (20)  Subsection (j), Section 153.219, Tax Code;
 57-1                (21)  Subsections (a) and (c), Section 153.221, Tax
 57-2    Code;
 57-3                (22)  Subdivision (13), Section 154.001, Tax Code;
 57-4                (23)  Subsections (a), (b), and (h), Section 154.101,
 57-5    Tax Code;
 57-6                (24)  Subsection (a), Section 154.102, Tax Code;
 57-7                (25)  Subsection (a), Section 154.110, Tax Code;
 57-8                (26)  Subsection (a), Section 154.501, Tax Code;
 57-9                (27)  Subdivision (11), Section 155.001, Tax Code;
57-10                (28)  Subsections (a), (b), and (h), Section 155.041,
57-11    Tax Code;
57-12                (29)  Subsection (a), Section 155.048, Tax Code;
57-13                (30)  Subsection (a), Section 155.201, Tax Code;
57-14                (31)  Subsections (a) and (c), Section 171.1032, Tax
57-15    Code;
57-16                (32)  Subsections (a) and (d), Section 171.1051, Tax
57-17    Code;
57-18                (33)  Subsection (e), Section 171.1121, Tax Code;
57-19                (34)  Subsection (b), Section 171.260, Tax Code;
57-20                (35)  Section 171.831, Tax Code; and
57-21                (36)  Subchapter S, Chapter 171, Tax Code.
57-22          SECTION 83.  (a)  The changes to Subsection (b), Section
57-23    326.023, Local Government Code, made by Section 2 of this Act apply
57-24    only to a petition filed with a commissioners court on or after the
57-25    effective date of that section.  A petition filed before that date
57-26    is governed by the law in effect on the date the petition is filed,
 58-1    and that law is continued in effect for that purpose.
 58-2          (b)  The changes to Section 326.029, Local Government Code,
 58-3    made by Section 3 of this Act apply only to an order issued on or
 58-4    after the effective date of that section.  An order issued before
 58-5    that date is governed by the law in effect on the date the order is
 58-6    issued, and that law is continued in effect for that purpose.
 58-7          SECTION 84.  The comptroller of public accounts may adopt
 58-8    rules and take other actions before October 1, 2001, as the
 58-9    comptroller considers necessary or advisable to prepare for this
58-10    Act to take effect.
58-11          SECTION 85.  (a)  Except as otherwise provided by this
58-12    section, this Act takes effect September 1, 2001.
58-13          (b)  Sections 12, 13, 14, 15, 17 through 26, 29 through 54,
58-14    73 through 75, and 78 of this Act, and Subdivisions (1) and (3),
58-15    Section 81 of this Act, take effect October 1, 2001.
58-16          (c)  Sections 56 through 71 of this Act and Subdivision (2),
58-17    Section 81 of this Act, take effect January 1, 2002, and apply to a
58-18    report originally due on or after that date.