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.
 2-7           SECTION 3.  Section 326.029, Local Government Code, is
 2-8     amended by amending Subsection (c) and adding Subsection (d) to
 2-9     read as follows:
2-10           (c)  The order canvassing the results of the election must:
2-11                 (1)  contain a description of the district's boundaries
2-12     and a map of the district; [and]
2-13                 (2)  state the date of the election; and
2-14                 (3)  state the total number of votes cast for and
2-15     against the ballot proposition [be filed in the deed records of the
2-16     county in which the district is located].
2-17           (d)  The order issued by a commissioners court canvassing the
2-18     results of the election must be filed in the deed records of the
2-19     county in which the district is located.
2-20           SECTION 4.  Subchapter F, Chapter 363, Local Government Code,
2-21     is amended by adding Section 363.262 to read as follows:
2-22           Sec. 363.262.  EFFECTIVE DATE OF TAX CHANGE.  (a)  If less
2-23     than a majority of the votes cast in a continuation referendum are
2-24     for the continuation of the district or if a majority of the votes
2-25     cast in a dissolution referendum are for dissolution of the
2-26     district, the board shall notify the comptroller in writing of the
 3-1     results of the referendum not later than the 10th day after the
 3-2     date the referendum returns are canvassed.
 3-3           (b)  If the district is to be dissolved as a result of the
 3-4     referendum, the abolition of the local crime control sales and use
 3-5     tax takes effect on the first day of the first calendar quarter
 3-6     that occurs after the expiration of the first complete calendar
 3-7     quarter that occurs after the comptroller receives a notice of the
 3-8     results of the continuation or dissolution referendum.
 3-9           (c)  If the comptroller determines that an effective date
3-10     provided by Subsection (b) will occur before the comptroller can
3-11     reasonably take the action required to implement abolition of the
3-12     tax, the comptroller may extend the effective date until the final
3-13     day of the succeeding calendar quarter.
3-14           SECTION 5.  Section 378.004, Local Government Code, as added
3-15     by Chapter 305, Acts of the 76th Legislature, Regular Session,
3-16     1999, is amended to read as follows:
3-17           Sec. 378.004.  MUNICIPAL POWERS.  In addition to other powers
3-18     that a municipality may exercise, a municipality may:
3-19                 (1)  waive or adopt fees related to the construction of
3-20     buildings in the zone, including fees related to the inspection of
3-21     buildings and impact fees;
3-22                 (2)  enter into agreements, for a period of not more
3-23     than 10 years, for the purpose of benefiting the zone, for [sales
3-24     tax] refunds [or abatements] of municipal sales tax on sales made
3-25     in the zone;
3-26                 (3)  enter into agreements abating municipal property
 4-1     taxes on property in the zone subject to the duration limits of
 4-2     Section 312.204, Tax Code; and
 4-3                 (4)  set baseline performance standards, such as the
 4-4     Energy Star Program as developed by the Department of Energy, to
 4-5     encourage the use of alternative building materials that address
 4-6     concerns relating to the environment or to the building costs,
 4-7     maintenance, or energy consumption.
 4-8           SECTION 6.  Section 383.104, Local Government Code, is
 4-9     amended by adding Subsection (c)  to read as follows:
4-10           (c)  The district's sales and use tax is automatically
4-11     discontinued by operation of law if no tax revenue is collected
4-12     within the district before the first anniversary of the date the
4-13     tax took effect.  The comptroller shall notify the board and the
4-14     commissioners court of the county in which the district is located
4-15     of the discontinuance of the tax.  The district may authorize a new
4-16     sales and use tax by following the procedures provided by this
4-17     subchapter for imposition of the tax.
4-18           SECTION 7.  Subsection (a), Section 25.00212, Government
4-19     Code, is amended to read as follows:
4-20           (a)  At the end of each state fiscal year the comptroller
4-21     shall determine the amounts deposited in the judicial fund under
4-22     Section 51.704 [51.703] and the amounts paid to the counties under
4-23     Section 25.00211.  If the total amount paid under Section 51.704 by
4-24     all counties exceeds the total amount paid to counties under
4-25     Section 25.00211, the state shall remit the excess to the counties
4-26     proportionately based on the percentage of the total paid by each
 5-1     county.
 5-2           SECTION 8.  Subsection (b), Section 111.0081, Tax Code, is
 5-3     amended to read as follows:
 5-4           (b)  This section does not apply to a determination under
 5-5     Section 111.022 [151.506 of this code].
 5-6           SECTION 9.  Subsection (e), Section 111.301, Tax Code, is
 5-7     amended to read as follows:
 5-8           (e)  Application for the refund is to the comptroller.  The
 5-9     application must:
5-10                 (1)  be made on the form prescribed by the comptroller;
5-11                 (2)  have attached a tax receipt from the assessor and
5-12     collector of taxes for the school district showing full payment of
5-13     school district ad valorem taxes on the property for the tax year
5-14     for which the refund is sought; and
5-15                 (3)  include sufficient information for the comptroller
5-16     to determine the portion of the ad valorem taxes paid to a school
5-17     district by the person for the applicable tax year on the property
5-18     that the person would not have been required to pay if the school
5-19     district had entered into a tax abatement agreement concerning the
5-20     property that included the same terms, including terms governing
5-21     the portion of the property that is to be exempt from taxation
5-22     under the agreement, as specified by the [applicable] municipal or
5-23     county tax abatement agreement on which the refund amount is to be
5-24     based.
5-25           SECTION 10.  Section 111.302, Tax Code, is amended by
5-26     amending Subsections (b) and (c) and adding Subsection (d) to read
 6-1     as follows:
 6-2           (b)  Applications for refund must be filed before August 1 of
 6-3     the year following the tax year for which the person applying has
 6-4     paid ad valorem taxes described by Section 111.301(a).  Within 90
 6-5     [60] days thereafter, the comptroller shall compute the total
 6-6     amount eligible for refund.
 6-7           (c)  If the total amount of eligible refunds claimed by all
 6-8     persons, as determined under Subsection (b), is less than $10
 6-9     million, the amount of a tax refund is equal to the ad valorem
6-10     taxes paid to a school district by the person for the applicable
6-11     tax year on the property that the person would not have been
6-12     required to pay if the school district had entered into a tax
6-13     abatement agreement covering the property that included the same
6-14     terms, including terms governing the portion of the property that
6-15     is to be exempt from taxation under the agreement, as specified by
6-16     the [applicable] municipal or county tax abatement agreement on
6-17     which the refund amount is to be based.  If the total amount of
6-18     eligible refunds claimed by all persons, as determined under
6-19     Subsection (b), is greater than $10 million, the comptroller shall
6-20     reduce the amount of each refund as necessary to allow all
6-21     claimants to share proportionally the $10 million available.  The
6-22     amount by which a refund is reduced under this subsection may not
6-23     be included in a claim for a refund in a subsequent year.
6-24           (d)  If an eligible person has entered into tax abatement
6-25     agreements with the municipality and the county, and the agreements
6-26     provided to the comptroller show that the agreements exempt
 7-1     different portions of property value, the refund amount shall be
 7-2     computed based on the greater of the portions exempted.
 7-3           SECTION 11.  Section 111.304, Tax Code, is amended to read as
 7-4     follows:
 7-5           Sec. 111.304.  EVALUATION; ANNUAL REPORT.  Not later than
 7-6     [December 1, 1999, and] December 1 of each [subsequent] year, the
 7-7     comptroller shall submit an annual report to the legislature.  The
 7-8     report:
 7-9                 (1)  must document the applications for refunds filed
7-10     with the comptroller under this subchapter;
7-11                 (2)  must document the refunds paid by the comptroller
7-12     under this chapter; and
7-13                 (3)  [must contain relevant information obtained from
7-14     the Texas Department of Commerce, including information to
7-15     demonstrate the relationship between tax refunds under this
7-16     subchapter and the economy; and]
7-17                 [(4)]  may include any other relevant information that
7-18     the comptroller determines is applicable to this subchapter or to
7-19     Chapter 312.
7-20           SECTION 12.  Subsection (a), Section 151.007, Tax Code, is
7-21     amended to read as follows:
7-22           (a)  Except as provided by Subsections (c) and (d) [of this
7-23     section], "sales price" or "receipts" means the total amount for
7-24     which a taxable item is sold, leased, or rented, valued in money,
7-25     without a deduction for the cost of:
7-26                 (1)  the taxable item sold, leased, or rented;
 8-1                 (2)  the materials used, labor or service employed,
 8-2     interest, losses, or other expenses;
 8-3                 (3)  the transportation or installation of tangible
 8-4     personal property; or
 8-5                 (4)  transportation incident to the performance of a
 8-6     taxable service.
 8-7           SECTION 13.  Section 151.010, Tax Code, is amended to read as
 8-8     follows:
 8-9           Sec. 151.010.  "TAXABLE ITEM."  "Taxable item" means tangible
8-10     personal property and taxable services.  Except as otherwise
8-11     provided by this chapter, the sale or use of a taxable item in
8-12     electronic form instead of on physical media does not alter the
8-13     item's tax status.
8-14           SECTION 14.  Section 151.057, Tax Code, is amended to read as
8-15     follows:
8-16           Sec. 151.057.  SERVICES BY EMPLOYEES.  The following services
8-17     are not taxable under this chapter:
8-18                 (1)  a service performed by an employee for his
8-19     employer in the regular course of business, within the scope of the
8-20     employee's duties, and for which the employee is paid his regular
8-21     wages or salary;
8-22                 (2)  a service performed by an employee of a temporary
8-23     employment service as defined by Section 93.001, Labor Code, [a
8-24     temporary help service] for an employer to supplement the
8-25     employer's existing work force on a temporary basis, when the
8-26     service is normally performed by the employer's own employees, the
 9-1     employer provides all supplies and equipment necessary, and the
 9-2     help is under the direct or general supervision of the employer to
 9-3     whom the help is furnished; or
 9-4                 (3)  a service performed by assigned employees of a
 9-5     staff leasing company, either licensed under Chapter 91, Labor
 9-6     Code, or exempt from the licensing requirements of that chapter,
 9-7     for a client company under a written contract that provides for
 9-8     shared employment responsibilities between the staff leasing
 9-9     company and the client company for the assigned employees, most of
9-10     whom must have been previously employed by the client company.  The
9-11     comptroller shall prescribe by rule the minimum percentage of
9-12     assigned employees that must have been previously employed by the
9-13     client company, the minimum time period the assigned employees must
9-14     have been employed by the client company prior to the commencement
9-15     of its contract, and such other criteria as the comptroller may
9-16     deem necessary to properly implement this section.
9-17           SECTION 15.  Subsection (a), Section 151.155, Tax Code, is
9-18     amended to read as follows:
9-19           (a)  Except as provided by Section 151.3181 for property used
9-20     in manufacturing, if [If] a purchaser certifies in writing to a
9-21     seller that a taxable item sold, leased, or rented to the purchaser
9-22     will be used in a manner or for a purpose that qualifies the sale
9-23     of the item for an exemption from the taxes imposed by this
9-24     chapter, and if the purchaser then uses the item in some other
9-25     manner or for some other purpose, the purchaser is liable for the
9-26     payment of the sales tax on the value of the taxable item for any
 10-1    period during which the item is used in the divergent manner or for
 10-2    the divergent purpose.
 10-3          SECTION 16.  Subsection (b), Section 151.257, Tax Code, is
 10-4    amended to read as follows:
 10-5          (b)  If the security filed by the person is a surety bond,
 10-6    the comptroller shall send a copy of the determination to each
 10-7    surety on the bond and shall demand payment from both the person
 10-8    filing the bond and each surety.  A surety's obligation under the
 10-9    bond is not affected by whether the surety has a record of the
10-10    receipt of a copy of the comptroller's determination notice or
10-11    payment demand.
10-12          SECTION 17.  Subchapter H, Chapter 151, Tax Code, is amended
10-13    by adding Section 151.3021 to read as follows:
10-14          Sec. 151.3021.  PACKAGING SUPPLIES AND WRAPPING.  (a)  In
10-15    this section:
10-16                (1)  "Laundry or dry cleaner" does not include
10-17    coin-operated or other self-service garment cleaning facilities.
10-18                (2)  "Wrapping, packing, and packaging supplies" means
10-19    hangers, safety pins, pins, inventory tags, staples, boxes, paper
10-20    wrappers, and plastic bags.
10-21          (b)  Internal and external wrapping, packing, and packaging
10-22    supplies are exempted from the taxes imposed by this chapter if
10-23    sold to a person who is a laundry or dry cleaner for use in
10-24    wrapping, packing, or packaging an item that has been pressed and
10-25    dry cleaned or laundered by the person operating as a laundry or
10-26    dry cleaner in the regular course of business.
 11-1          SECTION 18.  Subsection (a), Section 151.308, Tax Code, is
 11-2    amended to read as follows:
 11-3          (a)  The following are exempted from the taxes imposed by
 11-4    this chapter:
 11-5                (1)  oil as taxed by Chapter 202;
 11-6                (2)  sulphur as taxed by Chapter 203;
 11-7                (3)  motor fuels and special fuels as defined, taxed,
 11-8    or exempted by Chapter 153;
 11-9                (4)  cement as taxed by Chapter 181;
11-10                (5)  motor vehicles, trailers, and semitrailers as
11-11    defined, taxed, or exempted by Chapter 152 [or 157], other than a
11-12    mobile office as defined by Section 152.001(16);
11-13                (6)  mixed beverages, ice, or nonalcoholic beverages
11-14    and the preparation or service of these items if the receipts are
11-15    taxable by Chapter 183 [202, Alcoholic Beverage Code];
11-16                (7)  alcoholic beverages when sold to the holder of a
11-17    private club registration permit or to the agent or employee of the
11-18    holder of a private club registration permit if the holder or agent
11-19    or employee is acting as the agent of the members of the club and
11-20    if the beverages are to be served on the premises of the club;
11-21                (8)  oil well service as taxed by Subchapter E, Chapter
11-22    191; and
11-23                (9)  insurance premiums subject to gross premiums
11-24    taxes.
11-25          SECTION 19.  Subsection (d), Section 151.310, Tax Code, is
11-26    amended to read as follows:
 12-1          (d)  If two or more organizations jointly hold a tax-free
 12-2    sale or auction, each [neither] organization may hold one
 12-3    additional [another] tax-free sale or auction during the calendar
 12-4    year in which the joint sale or auction is held.  The employment of
 12-5    and payment of a reasonable fee to an auctioneer to conduct a
 12-6    tax-free auction does not disqualify an otherwise qualified
 12-7    organization from receiving the exemption provided by Subsection
 12-8    (c) [of this section].
 12-9          SECTION 20.  Section 151.313, Tax Code, as amended by
12-10    Chapters 394 and 683, Acts of the 76th Legislature, Regular
12-11    Session, 1999, is reenacted and amended to read as follows:
12-12          Sec. 151.313.  HEALTH CARE SUPPLIES.  (a)  The following
12-13    items are exempted from the taxes imposed by this chapter:
12-14                (1)  a drug or medicine, other than insulin, if
12-15    prescribed or dispensed for a human or animal by a licensed
12-16    practitioner of the healing arts;
12-17                (2)  insulin;
12-18                (3)  subject to Subsection (c), a drug or medicine,
12-19    without regard to whether it is prescribed or dispensed by a
12-20    licensed practitioner of the healing arts[, that is labeled with a
12-21    national drug code issued by the federal Food and Drug
12-22    Administration];
12-23                (4)  a hypodermic syringe or needle;
12-24                (5)  a brace; hearing aid or audio loop; orthopedic,
12-25    dental, or prosthetic device; ileostomy, colostomy, or ileal
12-26    bladder appliance; or supplies or replacement parts for the listed
 13-1    items;
 13-2                (6)  a therapeutic appliance, device, and any related
 13-3    supplies specifically designed for those products, if dispensed or
 13-4    prescribed by a licensed practitioner of the healing arts, when
 13-5    those items are purchased and used by an individual for whom the
 13-6    items listed in this subdivision were dispensed or prescribed;
 13-7                (7)  corrective lens and necessary and related
 13-8    supplies, if dispensed or prescribed by an ophthalmologist or
 13-9    optometrist;
13-10                (8)  specialized printing or signalling equipment used
13-11    by the deaf for the purpose of enabling the deaf to communicate
13-12    through the use of an ordinary telephone and all materials, paper,
13-13    and printing ribbons used in that equipment;
13-14                (9)  a braille wristwatch, braille writer, braille
13-15    paper and braille electronic equipment that connects to computer
13-16    equipment, and the necessary adaptive devices and adaptive computer
13-17    software;
13-18                (10)  each of the following items if purchased for use
13-19    by the blind to enable them to function more independently:  a
13-20    slate and stylus, print enlarger, light probe, magnifier, white
13-21    cane, talking clock, large print terminal, talking terminal, or
13-22    harness for guide dog;
13-23                (11)  hospital beds;
13-24                (12)  blood glucose monitoring test strips; [and]
13-25                (13)  an adjustable eating utensil used to facilitate
13-26    independent eating if purchased for use by a person, including a
 14-1    person who is elderly or physically disabled, has had a stroke, or
 14-2    is a burn victim, who does not have full use or control of the
 14-3    person's hands or arms; and
 14-4                (14)  subject to Subsection (d), a dietary supplement.
 14-5          (b)  Each of the following items is exempted from the tax
 14-6    imposed by this chapter if the item is used by a person who is deaf
 14-7    to enable the person to function more independently:
 14-8                (1)  a light signal and device to adapt items such as
 14-9    telecommunication devices for the deaf (TDDs), telephones,
14-10    doorbells, and smoke alarms; and
14-11                (2)  adaptive devices or adaptive software for
14-12    computers used by persons who are deaf.
14-13          (c)  A product is a drug or medicine for purposes of this
14-14    section if:
14-15                (1)  the product:
14-16                      (A)  is intended for use in the diagnosis, cure,
14-17    mitigation, treatment, or prevention of disease, illness, injury,
14-18    or pain;
14-19                      (B)  is applied to the human body or is a product
14-20    that a human ingests or inhales;
14-21                      (C)  is not an appliance or device; and
14-22                      (D)  is not food; or
14-23                (2)  the product is labeled or required to be labeled
14-24    with a "Drug Facts" panel in accordance with regulations of the
14-25    federal Food and Drug Administration.
14-26          (d)  A product is a dietary supplement for purposes of this
 15-1    section if:
 15-2                (1)  the product:
 15-3                      (A)  contains one or more vitamins, minerals,
 15-4    herbs or botanicals, amino acids, or substances that supplement the
 15-5    daily dietary intake;
 15-6                      (B)  is not represented as food or the sole item
 15-7    of a meal or the diet; and
 15-8                      (C)  is labeled "dietary supplement" or
 15-9    "supplement"; or
15-10                (2)  the product is labeled or required to be labeled
15-11    with a "Supplement Facts" panel in accordance with regulations of
15-12    the federal Food and Drug Administration.
15-13          SECTION 21.  Subsection (a), Section 151.317, Tax Code, is
15-14    amended to read as follows:
15-15          (a)  Subject to Subsection (d), gas and electricity are
15-16    exempted from the taxes imposed by this chapter when sold for:
15-17                (1)  residential use;
15-18                (2)  use in powering equipment exempt under Section
15-19    151.318 or 151.3185 by a person processing tangible personal
15-20    property for sale as tangible personal property, other than
15-21    preparation or storage of food for immediate consumption;
15-22                (3)  use in lighting, cooling, and heating in the
15-23    manufacturing area during the actual manufacturing or processing of
15-24    tangible personal property for sale as tangible personal property,
15-25    other than preparation or storage of food for immediate
15-26    consumption;
 16-1                (4)  use directly in exploring for, producing, or
 16-2    transporting, a material extracted from the earth;
 16-3                (5)  use in agriculture, including dairy or poultry
 16-4    operations and pumping for farm or ranch irrigation;
 16-5                (6)  use directly in electrical processes, such as
 16-6    electroplating, electrolysis, and cathodic protection;
 16-7                (7)  use directly in the off-wing processing, overhaul,
 16-8    or repair of a jet turbine engine or its parts for a certificated
 16-9    or licensed carrier of persons or property;
16-10                (8)  use directly in providing, under contracts with or
16-11    on behalf of the United States government or foreign governments,
16-12    defense or national security-related electronics, classified
16-13    intelligence data processing and handling systems, or
16-14    defense-related platform modifications or upgrades; [or]
16-15                (9)  a direct or indirect use, consumption, or loss of
16-16    electricity by an electric utility engaged in the purchase of
16-17    electricity for resale; or
16-18                (10)  use in timber operations, including pumping for
16-19    irrigation of timberland.
16-20          SECTION 22.  Subsections (a) and (t), Section 151.318, Tax
16-21    Code, are amended to read as follows:
16-22          (a)  The following items are exempted from the taxes imposed
16-23    by this chapter if sold, leased, or rented to, or stored, used, or
16-24    consumed by a manufacturer:
16-25                (1)  tangible personal property that will become an
16-26    ingredient or component part of tangible personal property
 17-1    manufactured, processed, or fabricated for ultimate sale;
 17-2                (2)  tangible personal property directly used or
 17-3    consumed in or during the actual manufacturing, processing, or
 17-4    fabrication of tangible personal property for ultimate sale if the
 17-5    use or consumption of the property is necessary or essential to the
 17-6    manufacturing, processing, or fabrication operation and directly
 17-7    makes or causes a chemical or physical change to:
 17-8                      (A)  the product being manufactured, processed,
 17-9    or fabricated for ultimate sale; or
17-10                      (B)  any intermediate or preliminary product that
17-11    will become an ingredient or component part of the product being
17-12    manufactured, processed, or fabricated for ultimate sale;
17-13                (3)  services performed directly on the product being
17-14    manufactured prior to its distribution for sale and for the purpose
17-15    of making the product more marketable;
17-16                (4)  actuators, steam production equipment and its
17-17    fuel, in-process flow through tanks, cooling towers, generators,
17-18    heat exchangers, transformers and the switches, breakers, capacitor
17-19    banks, regulators, relays, reclosers, fuses, interruptors,
17-20    reactors, arrestors, resistors, insulators, instrument
17-21    transformers, and telemetry units that are related to the
17-22    transformers, electronic control room equipment, computerized
17-23    control units, pumps, compressors, and hydraulic units, that are
17-24    used to power, supply, support, or control equipment that qualifies
17-25    for exemption under Subdivision (2) or (5) or to generate
17-26    electricity, chilled water, or steam for ultimate sale;
 18-1    transformers located at an electric generating facility that
 18-2    increase the voltage of electricity generated for ultimate sale,
 18-3    the electrical cable that carries the electricity from the electric
 18-4    generating equipment to the step-up transformers, and the switches,
 18-5    breakers, capacitor banks, regulators, relays, reclosers, fuses,
 18-6    interruptors, reactors, arrestors, resistors, insulators,
 18-7    instrument transformers, and telemetry units that are related to
 18-8    the step-up transformers; and transformers that decrease the
 18-9    voltage of electricity generated for ultimate sale and the
18-10    switches, breakers, capacitor banks, regulators, relays, reclosers,
18-11    fuses, interruptors, reactors, arrestors, resistors, insulators,
18-12    instrument transformers, and telemetry units that are related to
18-13    the step-down transformers;
18-14                (5)  tangible personal property used or consumed in the
18-15    actual manufacturing, processing, or fabrication of tangible
18-16    personal property for ultimate sale if the use or consumption of
18-17    the property is necessary and essential to a pollution control
18-18    process;
18-19                (6)  lubricants, chemicals, chemical compounds, gases,
18-20    or liquids that are used or consumed during the actual
18-21    manufacturing, processing, or fabrication of tangible personal
18-22    property for ultimate sale if their use or consumption is necessary
18-23    and essential to prevent the decline, failure, lapse, or
18-24    deterioration of equipment exempted by this section;
18-25                (7)  gases used on the premises of a manufacturing
18-26    plant to prevent contamination of raw material or product, or to
 19-1    prevent a fire, explosion, or other hazardous or environmentally
 19-2    damaging situation at any stage in the manufacturing process or in
 19-3    loading or storage of the product or raw material on premises;
 19-4                (8)  tangible personal property used or consumed during
 19-5    the 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 quality control
 19-8    process that tests tangible personal property that is being
 19-9    manufactured, processed, or fabricated for ultimate sale;
19-10                (9)  safety apparel or work clothing that is used
19-11    during the actual manufacturing, processing, or fabrication of
19-12    tangible personal property for ultimate sale if:
19-13                      (A)  the manufacturing process would not be
19-14    possible without the use of the apparel or clothing; and
19-15                      (B)  the apparel or clothing is not resold to the
19-16    employee;
19-17                (10)  tangible personal property used or consumed in
19-18    the actual manufacturing, processing, or fabrication of tangible
19-19    personal property for ultimate sale if the use or consumption of
19-20    the property is necessary and essential to comply with federal,
19-21    state, or local laws or rules that establish requirements related
19-22    to public health; and
19-23                (11)  tangible personal property specifically installed
19-24    to:
19-25                      (A)  reduce water use and wastewater flow volumes
19-26    from the manufacturing, processing, fabrication, or repair
 20-1    operation;
 20-2                      (B)  reuse and recycle wastewater streams
 20-3    generated within the manufacturing, processing, fabrication, or
 20-4    repair operation; or
 20-5                      (C)  treat wastewater from another industrial or
 20-6    municipal source for the purpose of replacing existing freshwater
 20-7    sources in the manufacturing, processing, fabrication, or repair
 20-8    operation.
 20-9          (t)  In addition to the other items exempted under this
20-10    section, pre-press machinery, equipment, and supplies, including
20-11    computers, cameras, photographic props, film, film developing
20-12    chemicals, veloxes, plate-making machinery, plate metal, litho
20-13    negatives, color separation negatives, proofs of color negatives,
20-14    production art work, and typesetting or composition proofs, that
20-15    are necessary and essential to and used in connection with the
20-16    printing process are exempted from the tax imposed by this chapter
20-17    if they are purchased by a person engaged in:
20-18                (1)  printing or imprinting tangible personal property
20-19    for sale; or
20-20                (2)  producing a publication for the dissemination of
20-21    news of a general character and of a general interest that is
20-22    printed on newsprint and distributed to the general public free of
20-23    charge at a daily, weekly, or other short interval.
20-24          SECTION 23.  Subchapter H, Chapter 151, Tax Code, is amended
20-25    by adding Section 151.3181 to read as follows:
20-26          Sec. 151.3181.  DIVERGENT USE OF PROPERTY USED IN
 21-1    MANUFACTURING.  (a)  In this section:
 21-2                (1)  "Divergent use" means the use of property in a
 21-3    manner or for a purpose other than the manner or purpose that
 21-4    qualified the sale, lease, rental, use, or other consumption of the
 21-5    property for exemption under Section 151.318.
 21-6                (2)  "Property" means tangible personal property
 21-7    regardless of whether the tangible personal property is permanently
 21-8    affixed to or incorporated into realty after its purchase.
 21-9          (b)  Divergent use of property exempted under Section 151.318
21-10    will not result in sales and use tax being due on the property if
21-11    the divergent use occurs after the fourth anniversary of the date
21-12    the property is purchased.
21-13          (c)  Except as provided by Subsection (d), divergent use of
21-14    property exempted under Section 151.318 that occurs during any
21-15    month before the fourth anniversary of the date the property is
21-16    purchased results in sales and use tax being due for that month.
21-17    The amount of the sales and use tax due for a month is equal to
21-18    1/48 of the purchase price of the property multiplied by the
21-19    percentage of divergent use during that month multiplied by the
21-20    sales and use tax rate applicable at the time of purchase.
21-21          (d)  Divergent use of property exempted under Section 151.318
21-22    that occurs during a month before the fourth anniversary of the
21-23    date the property is purchased does not result in sales and use tax
21-24    being due for that month if the percentage of divergent use during
21-25    that month does not exceed five percent of the total use of the
21-26    property that month.
 22-1          (e)  The amount of divergent use during a month is:
 22-2                (1)  the total time the property operates for a
 22-3    divergent use during a month, measured in hours; or
 22-4                (2)  the total output of the property during divergent
 22-5    use during a month, measured in a manner applicable to that
 22-6    property.
 22-7          (f)  The total use of property is:
 22-8                (1)  the total time the property operates during a
 22-9    month, measured in hours; or
22-10                (2)  the total output of the property during a month,
22-11    measured in a manner applicable to that property.
22-12          (g)  The percentage of divergent use for a month is
22-13    determined by:
22-14                (1)  dividing the amount of divergent use determined
22-15    under Subsection (e)(1) by the amount of total use of the property
22-16    determined under Subsection (f)(1); or
22-17                (2)  dividing the amount of divergent use determined
22-18    under Subsection (e)(2) by the amount of total use of the property
22-19    determined under Subsection (f)(2).
22-20          SECTION 24.  Section 151.3185, Tax Code, is amended by adding
22-21    Subsections (e) and (f) to read as follows:
22-22          (e)  The sale of a motion picture, video, or audio master by
22-23    the producer of the master is exempt from the taxes imposed by this
22-24    chapter.
22-25          (f)  Tangible personal property that is sold to an entity to
22-26    which 47 C.F.R. Section 73.624(b) applies is exempt from the taxes
 23-1    imposed by this chapter if the property is necessary for the entity
 23-2    to comply with 47 C.F.R. Section 73.682(d).
 23-3          SECTION 25.  Subsection (b), Section 151.319, Tax Code, is
 23-4    amended to read as follows:
 23-5          (b)  A transaction involving a sale of a newspaper that has
 23-6    been produced, fabricated, or printed to the special order of a
 23-7    customer is exempted from the taxes imposed by this chapter if:
 23-8                (1)  the customer is responsible for gathering
 23-9    substantially all of the information contained in the newspaper and
23-10    for formulating the design, layout, and format of the newspaper;
23-11    and
23-12                (2)  the customer would be entitled to the exemption
23-13    provided by Section 151.318(t) [Subsection (d) of this section] if
23-14    the customer had a printing facility capable of processing and
23-15    printing the newspaper and printed and processed the newspaper.
23-16          SECTION 26.  Section 152.002, Tax Code, is amended by adding
23-17    Subsection (e) to read as follows:
23-18          (e)  A person who is a motor vehicle owner, is in the
23-19    business of renting motor vehicles, and holds a permit may deduct
23-20    the fair market value of a replaced motor vehicle that is titled to
23-21    another person if:
23-22                (1)  either person:
23-23                      (A)  holds a beneficial ownership interest in the
23-24    other person of at least 80 percent; or
23-25                      (B)  acquires all of its vehicles exclusively
23-26    from franchised dealers whose franchisor shares common ownership
 24-1    with the other person; and
 24-2                (2)  the replaced motor vehicle is offered for sale.
 24-3          SECTION 27.  Section 152.041, Tax Code, is amended by
 24-4    amending Subsections (c) and (d) and adding Subsection (f) to read
 24-5    as follows:
 24-6          (c)  Except as provided by Subsection (f) and Section
 24-7    152.047, the tax imposed by Section 152.021 [of this code] is due
 24-8    on the 20th working day after the date [day that] the motor vehicle
 24-9    is delivered to the purchaser.
24-10          (d)  Except as provided by Subsection (f), the [The] tax
24-11    imposed by Section 152.022 [of this code] is due on the 20th
24-12    working day after the date [day that] the motor vehicle is brought
24-13    into this state.
24-14          (f)  The tax imposed by Section 152.021 or 152.022 on a motor
24-15    vehicle designed for commercial use is due on the 20th working day
24-16    after the date the motor vehicle is equipped with a body or other
24-17    equipment that enables the motor vehicle to be eligible to be
24-18    registered under the Transportation Code.
24-19          SECTION 28.  Subsection (a), Section 152.047, Tax Code, is
24-20    amended to read as follows:
24-21          (a)  Except as inconsistent with this chapter and rules
24-22    adopted under this chapter, the seller of a motor vehicle shall
24-23    report and pay the tax imposed on a seller-financed sale to the
24-24    comptroller on the seller's receipts from seller-financed sales in
24-25    the same manner as the sales tax is reported and paid by a retailer
24-26    under Sections 151.401, 151.402, 151.405, 151.406, 151.409,
 25-1    151.423, 151.424, and 151.425 [Chapter 151].
 25-2          SECTION 29.  Section 152.091, Tax Code, is amended by adding
 25-3    Subsection (d) to read as follows:
 25-4          (d)  For purposes of this section, a machine is used
 25-5    "primarily for timber operations" if the machine is a
 25-6    self-propelled motor vehicle that is specially adapted to perform a
 25-7    specialized function in the production of timber, including land
 25-8    preparation, planting, maintenance, and gathering of trees commonly
 25-9    grown for commercial timber.  The term does not include a
25-10    self-propelled motor vehicle used to transport timber or timber
25-11    products.
25-12          SECTION 30.  Subdivision (25), Section 153.001, Tax Code, is
25-13    amended to read as follows:
25-14                (25)  "Supplier" means a person who:
25-15                      (A)  refines, distills, manufactures, produces,
25-16    or blends for sale or distribution diesel fuel in this state;
25-17                      (B)  imports or exports diesel fuel other than in
25-18    the fuel supply tanks of motor vehicles;
25-19                      (C)  sells or delivers diesel fuel in bulk
25-20    quantities to dealers, dyed diesel fuel bonded users, agricultural
25-21    bonded users, bulk users, aviation fuel dealers, or other
25-22    suppliers; or
25-23                      (D)  is engaged in the business of selling or
25-24    delivering diesel fuel in bulk quantities to consumers for
25-25    nonhighway uses.
25-26          SECTION 31.  Subsection (i), Section 153.018, Tax Code, is
 26-1    amended to read as follows:
 26-2          (i)  Each terminal or bulk plant shall post a notice in a
 26-3    conspicuous location proximate to the point of receipt of shipping
 26-4    papers that describes the duties of importers and exporters under
 26-5    this section.  The comptroller may prescribe the language, type,
 26-6    style, and format of the notice.
 26-7          SECTION 32.  Subsection (c), Section 153.115, Tax Code, is
 26-8    amended to read as follows:
 26-9          (c)  A permitted interstate trucker is entitled to deduct
26-10    one-half of one percent of the taxable gallons of gasoline on
26-11    timely payment of the taxes to the state for the expense of
26-12    recordkeeping, reporting, and remitting the tax.
26-13          SECTION 33.  Subsection (a), Section 153.117, Tax Code, is
26-14    amended to read as follows:
26-15          (a)  A distributor shall keep:
26-16                (1)  a record showing the number of gallons of:
26-17                      (A)  all gasoline inventories on hand at the
26-18    first of each month;
26-19                      (B)  all gasoline refined, compounded, or
26-20    blended;
26-21                      (C)  all gasoline purchased or received, showing
26-22    the name of the seller and date of each purchase or receipt;
26-23                      (D)  all gasoline sold, distributed, or used,
26-24    showing the name of the purchaser and the date of the sale or use;
26-25    and
26-26                      (E)  all gasoline lost by fire, theft, or
 27-1    accident; and
 27-2                (2)  an itemized statement showing by load the number
 27-3    of gallons of all gasoline:
 27-4                      (A)  received during the preceding calendar month
 27-5    for export and the location of the loading;
 27-6                      (B)  exported from this state by destination
 27-7    state or country; and
 27-8                      (C)  imported during the preceding calendar month
 27-9    by [destination] state or country of origin.
27-10          SECTION 34.  Subsection (a), Section 153.119, Tax Code, is
27-11    amended to read as follows:
27-12          (a)  A person who exports, sells to the federal government,
27-13    to a public school district in this state, or to a commercial
27-14    transportation company for exclusive use in providing public school
27-15    transportation services to a school district under Section 34.008,
27-16    Education Code, without having added the amount of the tax imposed
27-17    by this chapter to his selling price, loses by fire, theft, or
27-18    accident, or uses gasoline for the purpose of operating or
27-19    propelling a motorboat, tractor used for agricultural purposes, or
27-20    stationary engine, or for another purpose except in a vehicle
27-21    operated or intended to be operated on the public highways of this
27-22    state, and who has paid the tax imposed on gasoline by this chapter
27-23    either directly or indirectly is, when the person has complied with
27-24    the invoice and filing provisions of this section and the rules of
27-25    the comptroller, entitled to reimbursement of the tax paid by him,
27-26    less [a filing fee and] any amount allowed distributors under
 28-1    Section 153.105(e) [of this code].  A public school district that
 28-2    has paid the tax imposed under this chapter on gasoline used by the
 28-3    district or a commercial transportation company that has paid the
 28-4    tax imposed under this chapter on gasoline used by the company
 28-5    exclusively to provide public school transportation services to a
 28-6    school district under Section 34.008, Education Code, is entitled
 28-7    to reimbursement of the amount of the tax paid in the same manner
 28-8    and subject to the same procedures as other exempted users.
 28-9          SECTION 35.  Section 153.122, Tax Code, is amended to read as
28-10    follows:
28-11          Sec. 153.122.  GASOLINE TAX REFUND PAYMENT [AND FILING FEE].
28-12    [(a)]  After examination of the refund claim, the comptroller
28-13    before issuing a refund warrant shall deduct from the amount of the
28-14    refund[:]
28-15                [(1)]  the two percent deducted originally by the
28-16    distributor on the first sale or distribution of the gasoline[; and]
28-17                [(2)  $1.50 as a filing fee.]
28-18          [(b)  The filing fees shall be set aside for the use and
28-19    benefit of the comptroller in the administration and enforcement of
28-20    this section.  All filing fees shall be paid into the state
28-21    treasury and shall be paid out on vouchers and warrants in the
28-22    manner prescribed by law].
28-23          SECTION 36.  (a)  Section 153.203, Tax Code, is amended to
28-24    read as follows:
28-25          Sec. 153.203.  EXCEPTIONS.  The tax imposed by this
28-26    subchapter does not apply to:
 29-1                (1)  diesel fuel delivered by a permitted supplier to a
 29-2    common or contract carrier, oceangoing vessel (including ship,
 29-3    tanker, or boat), or barge for export from this state, if the
 29-4    diesel fuel is moved forthwith outside this state;
 29-5                (2)  diesel fuel sold by a permitted supplier to the
 29-6    federal government for its exclusive use;
 29-7                (3)  diesel fuel sold or delivered by a permitted
 29-8    supplier to another permitted supplier or to the bulk storage
 29-9    facility of an agricultural bonded user, or dyed diesel fuel sold
29-10    or delivered by a permitted supplier to the bulk storage facility
29-11    of a dyed diesel fuel bonded user, to the bulk storage facility of
29-12    a diesel tax prepaid user, or to a purchaser who provides a signed
29-13    statement as provided by Section 153.205 of this code, but not
29-14    including a delivery of tax-free diesel fuel into the fuel supply
29-15    tanks of a motor vehicle, except for a motor vehicle owned by the
29-16    federal government;
29-17                (4)  diesel fuel sold or delivered by a permitted
29-18    supplier into the storage facility of a permitted aviation fuel
29-19    dealer, from which diesel fuel will be sold or delivered solely
29-20    into the fuel supply tanks of aircraft or aircraft servicing
29-21    equipment;
29-22                (5)  diesel fuel sold or delivered by a permitted
29-23    supplier into fuel supply tanks of railway engines, motorboats, or
29-24    refrigeration units or other stationary equipment powered by a
29-25    separate motor from a separate fuel supply tank;
29-26                (6)  kerosene when delivered by a permitted supplier
 30-1    into a storage facility at a retail business from which all
 30-2    deliveries are exclusively for heating, cooking, lighting, or
 30-3    similar nonhighway use;
 30-4                (7)  diesel fuel sold or delivered by one aviation fuel
 30-5    dealer to another aviation fuel dealer who will deliver the diesel
 30-6    fuel exclusively into the supply tanks of aircraft or aircraft
 30-7    servicing equipment;
 30-8                (8)  diesel fuel sold by a permitted supplier to a
 30-9    public school district in this state for its exclusive use;
30-10                (9)  diesel fuel sold by a permitted supplier to a
30-11    commercial transportation company that provides public school
30-12    transportation services to a school district under Section 34.008,
30-13    Education Code, and used by the company exclusively to provide
30-14    those services; [or]
30-15                (10)  diesel fuel sold by a permitted supplier to a
30-16    person, other than a political subdivision, who owns, controls,
30-17    operates, or manages a commercial motor vehicle as defined by
30-18    Section 548.001, Transportation Code, if the fuel:
30-19                      (A)  is delivered exclusively into the fuel
30-20    supply tank of the commercial motor vehicle; and
30-21                      (B)  is used exclusively to transport passengers
30-22    for compensation or hire between points in this state on a fixed
30-23    route or schedule; or
30-24                (11)  the volume of water that is blended together with
30-25    taxable diesel fuel when the finished product sold or used is
30-26    clearly identified on the retail pump, storage tank, and sales
 31-1    invoice as a combination of diesel fuel and water.
 31-2          (b)  The change in law made by this section of this Act does
 31-3    not affect taxes imposed before the effective date of this section,
 31-4    and the law in effect before the effective date of this section is
 31-5    continued in effect for purposes of the liability for and
 31-6    collection of those taxes.
 31-7          SECTION 37.  Section 153.205, Tax Code, is amended to read as
 31-8    follows:
 31-9          Sec. 153.205.  STATEMENT FOR PURCHASE OF DIESEL FUEL TAX
31-10    FREE.  (a)  The first sale or use of diesel fuel in this state is
31-11    taxable, except that sales of dyed diesel fuel, or of undyed diesel
31-12    fuel if the fuel will be used for an agricultural nonhighway
31-13    purpose, may be made without collecting the tax if the purchaser
31-14    furnishes to a permitted supplier a signed statement, including an
31-15    end user number or agricultural [user] exemption number issued by
31-16    the comptroller.  A person who wants to use a signed statement to
31-17    purchase dyed diesel fuel must apply to the comptroller for an end
31-18    user number to be used in conjunction with a signed statement.  A
31-19    person who wants to use a signed statement to purchase dyed or
31-20    undyed diesel fuel for an agricultural nonhighway purpose must
31-21    apply to the comptroller for an agricultural exemption number to be
31-22    used in conjunction with a signed statement.  A supplier may not
31-23    make a tax-free sale of any diesel fuel to a purchaser using a
31-24    signed statement unless the purchaser has an end user number or
31-25    agricultural exemption number issued by the comptroller under this
31-26    section [that stipulates that:]
 32-1                [(1)  the purchaser does not operate any diesel-powered
 32-2    motor vehicles on the public highway;]
 32-3                [(2)  all of the diesel fuel will be consumed by the
 32-4    purchaser and no diesel fuel purchased on a signed statement will
 32-5    be resold; and]
 32-6                [(3)  none of the diesel fuel purchased in this state
 32-7    will be delivered or permitted by the purchaser to be delivered
 32-8    into fuel supply tanks of motor vehicles].
 32-9          (b)  A sale of dyed diesel fuel may be made without
32-10    collecting the tax if the purchaser furnishes to a permitted
32-11    supplier a signed statement, including an end user number issued by
32-12    the comptroller, that stipulates that:
32-13                (1)  none of the diesel fuel purchased on the signed
32-14    statement is of a type that may legally be used on the public
32-15    highway;
32-16                (2)  all of the dyed diesel fuel purchased on the
32-17    signed statement will be consumed by the purchaser and will not be
32-18    resold; and
32-19                (3)  none of the dyed diesel fuel purchased on the
32-20    signed statement will be delivered or permitted to be delivered
32-21    into the fuel supply tank of a motor vehicle operated on the public
32-22    highways of this state.
32-23          (c)  A sale of dyed or undyed diesel fuel for an agricultural
32-24    nonhighway use may be made without collecting the tax if the
32-25    purchaser furnishes to a permitted supplier a signed statement,
32-26    including an agricultural exemption number issued by the
 33-1    comptroller, that stipulates that:
 33-2                (1)  all of the dyed and undyed diesel fuel purchased
 33-3    on the signed statement will be used exclusively in agricultural
 33-4    nonhighway equipment;
 33-5                (2)  all of the dyed and undyed diesel fuel purchased
 33-6    on the signed statement will be consumed by the purchaser and will
 33-7    not be resold; and
 33-8                (3)  none of the dyed or undyed diesel fuel purchased
 33-9    on the signed statement will be delivered or permitted to be
33-10    delivered into the fuel supply tank of a motor vehicle operated on
33-11    the public highways of this state.
33-12          (d)  A person may not make a tax-free purchase of any diesel
33-13    fuel under this section using a signed statement:
33-14                (1)  for the purchase of more than 3,000 gallons of
33-15    dyed or undyed diesel fuel in a single transaction or delivery; or
33-16                (2)  in a calendar month in which the person has
33-17    previously purchased more than 10,000 gallons of dyed or undyed
33-18    diesel fuel from all sources.
33-19          (e)  Any gallons purchased in excess of the limitations
33-20    prescribed by Subsection (d) constitute a taxable purchase.  The
33-21    purchaser paying the tax on dyed or undyed diesel fuel in excess of
33-22    the limitations prescribed by Subsection (d) may claim a refund of
33-23    the tax paid on any dyed or undyed diesel fuel used for nonhighway
33-24    purposes under Section 153.222.
33-25          (f)  A supplier may not make a tax-free sale of any diesel
33-26    fuel under this section to a purchaser using a signed statement:
 34-1                (1)  for the sale of more than 3,000 gallons of dyed or
 34-2    undyed diesel fuel in a single transaction or delivery; or
 34-3                (2)  in a calendar month in which the supplier has
 34-4    previously sold more than 10,000 gallons of dyed or undyed diesel
 34-5    fuel to the purchaser.
 34-6          (g)  Any gallons sold in excess of the limitations prescribed
 34-7    by Subsection (f) constitute a taxable sale.  The purchaser paying
 34-8    the tax on dyed or undyed diesel fuel in excess of the limitations
 34-9    prescribed by Subsection (f) may claim a refund of the tax paid on
34-10    any dyed or undyed diesel fuel used for nonhighway purposes under
34-11    Section 153.222.
34-12          (h) [(c)]  The signed statement and end user number or
34-13    agricultural [user] exemption number from the purchaser as provided
34-14    by this section relieves the permitted supplier from the burden of
34-15    proof that the sale of dyed diesel fuel or of undyed diesel fuel
34-16    for an agricultural nonhighway purpose was not taxable to the
34-17    purchaser and remains in effect unless:
34-18                (1)  the statement is revoked in writing by the
34-19    purchaser or supplier; or
34-20                (2)  the comptroller notifies the supplier in writing
34-21    that the purchaser may no longer make tax-free purchases[; or]
34-22                [(3)  the supplier is put on notice by making taxable
34-23    sales of diesel fuel to a purchaser who has previously submitted a
34-24    signed statement to this supplier].
34-25          (i) [(d)  A taxable sale to a person who has previously
34-26    submitted a signed statement creates a rebuttable presumption that
 35-1    the supplier had reasonable notice that all subsequent sales should
 35-2    have been taxable.]
 35-3          [(e)]  A taxable use of any part of the dyed or undyed diesel
 35-4    fuel purchased under a signed statement shall, in addition to any
 35-5    criminal penalty, forfeit the right of the person to purchase dyed
 35-6    or undyed diesel fuel tax free for a period of one year from the
 35-7    date of the offense, and any tax, interest, and penalty found to be
 35-8    due through false or erroneous execution or continuance of a
 35-9    promissory statement by the purchaser, if assessed to the supplier,
35-10    is a debt of the purchaser to the supplier until paid, and is
35-11    recoverable at law in the same manner as the purchase price of the
35-12    fuel.  The person may, however, claim a refund of the tax paid on
35-13    any dyed or undyed diesel fuel used for nonhighway purposes under
35-14    Section 153.222.
35-15          [(f)  The statement must be signed by the purchaser or his
35-16    representative.]
35-17          [(g)  The comptroller's regulations may allow separate
35-18    operating divisions of corporations to give separate signed
35-19    statements as if they were different legal entities.]
35-20          [(h)  The comptroller may promulgate necessary forms and
35-21    rules to administer and enforce this section.]
35-22          [(i)  A permitted supplier may not make a tax-free sale of
35-23    dyed diesel fuel, or undyed diesel fuel for agricultural purposes,
35-24    to a purchaser using a signed statement:]
35-25                [(1)  for the sale of more than 3,000 gallons of dyed
35-26    or undyed diesel fuel in a single transaction; or]
 36-1                [(2)  in a calendar month in which the supplier has
 36-2    previously sold more than 10,000 gallons of dyed or undyed diesel
 36-3    fuel to the purchaser.]
 36-4          [(j)(1)  A sale of dyed diesel fuel, or undyed diesel fuel
 36-5    for agricultural purposes, may be made without collecting tax from
 36-6    a purchaser who operates one or more motor vehicles on the public
 36-7    highway and who furnishes to a permitted supplier a signed
 36-8    statement and end user number or agricultural user exemption number
 36-9    only as provided in this subsection.]
36-10                [(2)  The statement must stipulate that all the dyed or
36-11    undyed diesel fuel will be consumed by the purchaser for purposes
36-12    other than operating a motor vehicle on the public highway and that
36-13    no dyed or undyed diesel fuel purchased on a signed statement will
36-14    be resold or delivered into the fuel supply tanks of a motor
36-15    vehicle.]
36-16                [(3)  Diesel fuel which may be sold without collection
36-17    of tax under this subsection must be of a type that may not be
36-18    legally used by the purchaser for the operation of a motor vehicle
36-19    on the public highway under state or federal law.]
36-20                [(4)  Subsections (a), (c)(3), and (d) of this section
36-21    do not apply to sales of fuel under this subsection.]
36-22          [(k)  A person who wants to use a signed statement to
36-23    purchase dyed diesel fuel must apply to the comptroller for an end
36-24    user number to be used in conjunction with a signed statement.  A
36-25    person who wants to use a signed statement to purchase dyed or
36-26    undyed diesel fuel for agricultural purposes must apply to the
 37-1    comptroller for an agricultural user exemption number to be used in
 37-2    conjunction with a signed statement.  A person may not make a
 37-3    tax-free sale of any diesel fuel to a purchaser using a signed
 37-4    statement unless the purchaser has an end user number or
 37-5    agricultural user exemption number issued by the comptroller under
 37-6    this subsection.]
 37-7          SECTION 38.  Subsections (c) and (i), Section 153.206, Tax
 37-8    Code, are amended to read as follows:
 37-9          (c)  A dyed diesel fuel bonded user, agricultural bonded
37-10    user, or other user, except a diesel tax prepaid user, shall report
37-11    and pay to the state the tax at the rate imposed on each gallon of
37-12    diesel fuel delivered by him into the fuel supply tanks of a motor
37-13    vehicle, unless the tax has been paid to a permitted supplier or a
37-14    dealer, or, as a diesel tax prepaid user, the tax has been prepaid
37-15    directly to the comptroller.
37-16          (i)  A dyed diesel fuel bonded user, an agricultural bonded
37-17    user, or a permitted interstate trucker is entitled to deduct
37-18    one-half of one percent of the taxable gallons of diesel fuel on
37-19    timely payment of the taxes to this state for the expense of
37-20    recordkeeping, reporting, and remitting the tax.
37-21          SECTION 39.  The heading to Section 153.217, Tax Code, is
37-22    amended to read as follows:
37-23          Sec. 153.217.  LIST OF SUPPLIERS, DYED DIESEL FUEL BONDED
37-24    USERS, AGRICULTURAL BONDED USERS, AVIATION FUEL DEALERS, AND DIESEL
37-25    FUEL JOBBERS.
37-26          SECTION 40.  Subsection (j), Section 153.219, Tax Code, is
 38-1    amended to read as follows:
 38-2          (j)  A supplier shall keep:
 38-3                (1)  an itemized statement showing by load the number
 38-4    of gallons of all diesel fuel received during the preceding
 38-5    calendar month for export;
 38-6                (2)  an itemized statement showing by load the number
 38-7    of gallons of all diesel fuel exported from this state by
 38-8    destination state or country;
 38-9                (3)  an itemized statement showing by load the number
38-10    of gallons of all diesel fuel imported during the preceding
38-11    calendar month by [destination] state or country of origin;
38-12                (4)  an itemized statement differentiating between dyed
38-13    and undyed diesel fuel and showing by purchaser, end user number,
38-14    or agricultural [user] exemption number the number of gallons of
38-15    dyed and undyed diesel fuel sold tax free to a purchaser using a
38-16    signed statement in accordance with Section 153.205; and
38-17                (5)  an itemized statement showing by purchaser and
38-18    permit number the number of gallons of dyed and undyed diesel fuel
38-19    sold tax free to dyed diesel fuel bonded users and agricultural
38-20    bonded users.
38-21          SECTION 41.  Subsections (a) and (c), Section 153.221, Tax
38-22    Code, are amended to read as follows:
38-23          (a)  On or before the 25th day of each month, a supplier, a
38-24    dealer required to collect the tax under Section 153.206(b), or a
38-25    dyed diesel fuel bonded user, agricultural bonded user, or other
38-26    user required to pay the tax under Section 153.206(c) shall file a
 39-1    report of diesel fuel transactions or of diesel fuel delivered by a
 39-2    dyed diesel fuel bonded user, agricultural bonded user, or other
 39-3    user into the fuel tank of a motor vehicle owned or operated by the
 39-4    user and such supplements as the comptroller may require and remit
 39-5    the amount of tax required to be collected or to be paid during the
 39-6    preceding month.  A report must be filed on a form or in a manner
 39-7    provided by the comptroller and contain information required by the
 39-8    comptroller, showing complete and detailed information of diesel
 39-9    fuel transactions or use during the preceding month.  A supplier
39-10    required to file a report under this section who has not sold,
39-11    used, or distributed any diesel fuel during the reporting period
39-12    shall file with the comptroller the report setting forth the facts
39-13    or information.  The failure of a supplier, dealer, or dyed diesel
39-14    fuel bonded user, agricultural bonded user, or other user to obtain
39-15    forms or software from the comptroller is no excuse for the failure
39-16    to file a report.  The report must be executed by the supplier,
39-17    dealer, or user, or his representative, and is subject to the
39-18    penalties provided in this chapter.
39-19          (c)  No report is required to be filed by:
39-20                (1)  an aviation fuel dealer;
39-21                (2)  a trip permit user;
39-22                (3)  a diesel tax prepaid user;
39-23                (4)  a person issuing signed statements; or
39-24                (5)  [a common or contract carrier; or]
39-25                [(6)]  a diesel fuel jobber.
39-26          SECTION 42.  Subsection (a), Section 153.222, Tax Code, is
 40-1    amended to read as follows:
 40-2          (a)  A dealer or diesel fuel jobber who has paid tax on
 40-3    diesel fuel that has been used or sold for use by the dealer or
 40-4    diesel fuel jobber for any purpose other than propelling a motor
 40-5    vehicle on the public highways of this state or that has been sold
 40-6    to the United States or a public school district in this state for
 40-7    the exclusive use of the purchaser, or to a commercial
 40-8    transportation company for exclusive use in providing public school
 40-9    transportation services to a school district under Section 34.008,
40-10    Education Code, without adding the amount of the tax to his selling
40-11    price, and a user who has paid tax on any diesel fuel that has been
40-12    used by him for a purpose other than propelling a motor vehicle on
40-13    the public highways, is a public school district and has paid the
40-14    tax on diesel fuel purchased for its exclusive use, is a commercial
40-15    transportation company and has paid the tax on diesel fuel used by
40-16    the company exclusively to provide public school transportation
40-17    services to a school district under Section 34.008, Education Code,
40-18    or is a person who has paid tax on diesel fuel used in a commercial
40-19    motor vehicle as provided by Section 153.203(10) may file a claim
40-20    for a refund of taxes paid, less the deduction allowed vendors [and
40-21    a filing fee].
40-22          SECTION 43.  Section 153.225, Tax Code, is amended to read as
40-23    follows:
40-24          Sec. 153.225.  DIESEL FUEL TAX REFUND PAYMENTS [AND FILING
40-25    FEE].  [(a)]  After examination and approval of the refund claim,
40-26    the comptroller before issuing a refund warrant shall deduct from
 41-1    the amount of the refund payment[:]
 41-2                [(1)]  the 2 percent deducted originally by the
 41-3    supplier on the sale or delivery of the diesel fuel[; and]
 41-4                [(2)  $1.50 as a filing fee.]
 41-5          [(b)  The filing fees shall be set aside for the use and
 41-6    benefit of the comptroller in the administration and enforcement of
 41-7    the provisions of this chapter, and for payment of expenses in
 41-8    furnishing the claim forms and other forms.  All filing fees shall
 41-9    be paid into the state treasury and shall be paid out on vouchers
41-10    and warrants in the manner prescribed by law].
41-11          SECTION 44.  Subsections (c) and (d), Section 153.308, Tax
41-12    Code, are amended to read as follows:
41-13          (c)  The tax on one percent of the taxable gallons of
41-14    liquefied gas sold in this state shall be allocated to the
41-15    permitted dealer making the sale for the expense of collecting,
41-16    accounting for, reporting, and timely remitting the taxes collected
41-17    and keeping the records.  The allocation allowance shall be
41-18    deducted by the permitted dealers in the payment to the state.
41-19          (d)  The tax of one-half of one percent of the taxable
41-20    gallons of liquefied gas used in this state by persons permitted as
41-21    interstate truckers shall be allocated to the interstate trucker
41-22    making the use of the liquefied gas for the expense of accounting
41-23    for, reporting, and timely remitting the taxes due.
41-24          SECTION 45.  Subsection (c), Section 153.311, Tax Code, is
41-25    amended to read as follows:
41-26          (c)  A permitted interstate trucker is entitled to a refund
 42-1    of the amount of the Texas liquefied gas tax paid on each gallon of
 42-2    liquefied gas subsequently used outside this state.  On
 42-3    verification by the comptroller that the interstate trucker's
 42-4    report was timely filed with all information required, the
 42-5    comptroller [he] shall issue a warrant to the interstate trucker
 42-6    for the amount of the refund less the one percent deducted
 42-7    originally by the permitted dealer making the sale [and a filing
 42-8    fee of $1.50].  Failure to file an interstate trucker report by the
 42-9    25th of the month following the end of a calendar quarter forfeits
42-10    the right to a refund.
42-11          SECTION 46.  Subdivision (13), Section 154.001, Tax Code, is
42-12    amended to read as follows:
42-13                (13)  "Permit holder" means a bonded agent,
42-14    distributor, wholesaler, manufacturer, importer, or retailer
42-15    required to obtain a permit under Section 154.101.
42-16          SECTION 47.  Subsections (a), (b), and (h), Section 154.101,
42-17    Tax Code, are amended to read as follows:
42-18          (a)  A person may not engage in business as a distributor,
42-19    wholesaler, bonded agent, manufacturer, importer, or retailer
42-20    unless the person has applied for and received the applicable
42-21    permit from the comptroller.
42-22          (b)  Each distributor, wholesaler, bonded agent,
42-23    manufacturer, importer, or retailer shall obtain a permit for each
42-24    place of business owned or operated by the distributor, wholesaler,
42-25    bonded agent, manufacturer, importer, or retailer.
42-26          (h)  Permits for engaging in business as a distributor,
 43-1    wholesaler, bonded agent, manufacturer, importer, or retailer shall
 43-2    be governed exclusively by the provisions of this code.
 43-3          SECTION 48.  Subsection (a), Section 154.102, Tax Code, is
 43-4    amended to read as follows:
 43-5          (a)  The comptroller may issue a combination permit for
 43-6    cigarettes and tobacco products to a person who is a distributor,
 43-7    wholesaler, bonded agent, manufacturer, importer, or retailer as
 43-8    defined by this chapter and Chapter 155 for both cigarettes and
 43-9    tobacco products.
43-10          SECTION 49.  Subsection (a), Section 154.110, Tax Code, is
43-11    amended to read as follows:
43-12          (a)  The comptroller shall issue a permit to a distributor,
43-13    wholesaler, bonded agent, manufacturer, importer, or retailer if
43-14    the comptroller:
43-15                (1)  has received an application and fee, if required;
43-16                (2)  believes that the applicant has complied with
43-17    Section 154.101; and
43-18                (3)  determines that issuing the permit will not
43-19    jeopardize the administration and enforcement of this chapter.
43-20          SECTION 50.  Subsection (a), Section 154.501, Tax Code, is
43-21    amended to read as follows:
43-22          (a)  A person violates this chapter if the person:
43-23                (1)  is a distributor, wholesaler, manufacturer,
43-24    importer, bonded agent, manufacturer's representative, or retailer
43-25    and fails to keep records required by this chapter;
43-26                (2)  engages in the business of a bonded agent,
 44-1    distributor, wholesaler, manufacturer, importer, or retailer
 44-2    without a valid permit;
 44-3                (3)  is a distributor, wholesaler, manufacturer,
 44-4    importer, bonded agent, or retailer and fails to make a report or
 44-5    makes a false or incomplete report or application required by this
 44-6    chapter to the comptroller; or
 44-7                (4)  is a person affected by this chapter and fails or
 44-8    refuses to abide by or violates a provision of this chapter or a
 44-9    rule adopted by the comptroller under this chapter.
44-10          SECTION 51.  Subdivision (11), Section 155.001, Tax Code, is
44-11    amended to read as follows:   
44-12                (11)  "Permit holder" means a bonded agent,
44-13    distributor, wholesaler, manufacturer, importer, or retailer
44-14    required to obtain a permit under Section 155.041.
44-15          SECTION 52.  Subsections (a), (b), and (h), Section 155.041,
44-16    Tax Code, are amended to read as follows:
44-17          (a)  A person may not engage in business as a distributor,
44-18    wholesaler, bonded agent, manufacturer, importer, or retailer
44-19    unless the person has applied for and received the applicable
44-20    permit from the comptroller.
44-21          (b)  Each distributor, wholesaler, bonded agent,
44-22    manufacturer, importer, or retailer shall obtain a permit for each
44-23    place of business owned or operated by the distributor, wholesaler,
44-24    bonded agent, manufacturer, importer, or retailer.
44-25          (h)  Permits for engaging in business as a distributor,
44-26    wholesaler, bonded agent, manufacturer, importer, or retailer shall
 45-1    be governed exclusively by the provisions of this code.
 45-2          SECTION 53.  Subsection (a), Section 155.048, Tax Code, is
 45-3    amended to read as follows:
 45-4          (a)  The comptroller shall issue a permit to a distributor,
 45-5    wholesaler, bonded agent, manufacturer, importer, or retailer if
 45-6    the comptroller:
 45-7                (1)  has received an application and fee, if required;
 45-8                (2)  does not reject the application and deny the
 45-9    permit under Section 155.0481; and
45-10                (3)  determines that issuing the permit will not
45-11    jeopardize the administration and enforcement of this chapter.
45-12          SECTION 54.  Section 155.111, Tax Code, is amended by adding
45-13    Subsection (d) to read as follows:
45-14          (d)  If more than 50 percent of all untaxed tobacco products
45-15    received by the distributor in this state are actually sold outside
45-16    of this state, the distributor shall include in the report only
45-17    tobacco products that are sold in this state.
45-18          SECTION 55.  Subsection (a), Section 155.201, Tax Code, is
45-19    amended to read as follows:
45-20          (a)  A person violates this chapter if the person:
45-21                (1)  is a distributor, wholesaler, manufacturer,
45-22    importer, bonded agent, manufacturer's representative, or retailer
45-23    and fails to keep records required by this chapter;
45-24                (2)  engages in the business of a bonded agent,
45-25    distributor, wholesaler, manufacturer, importer, or retailer
45-26    without a valid permit;
 46-1                (3)  is a distributor, wholesaler, manufacturer,
 46-2    importer, bonded agent, or retailer and fails to make a report
 46-3    required by this chapter to the comptroller or makes a false or
 46-4    incomplete report or application required by this chapter to the
 46-5    comptroller; or
 46-6                (4)  is a person affected by this chapter and fails or
 46-7    refuses to abide by or violates a provision of this chapter or a
 46-8    rule adopted by the comptroller under this chapter.
 46-9          SECTION 56.  Section 171.076, Tax Code, is amended to read as
46-10    follows:
46-11          Sec. 171.076.  EXEMPTION--COOPERATIVE CREDIT ASSOCIATION.  A
46-12    cooperative credit association incorporated under Chapter 55,
46-13    Agriculture Code, an organization organized under 12 U.S.C. Section
46-14    2071, or an agricultural credit association regulated by the Farm
46-15    Credit Administration is exempted from the franchise tax.
46-16          SECTION 57.  Section 171.1032, Tax Code, is amended by
46-17    amending Subsection (a) and adding Subsection (c) to read as
46-18    follows:
46-19          (a)  Except for the gross receipts of a corporation that are
46-20    subject to the provisions of Section 171.1061, in apportioning
46-21    taxable earned surplus, the gross receipts of a corporation from
46-22    its business done in this state is the sum of the corporation's
46-23    receipts from:
46-24                (1)  each sale of tangible personal property if the
46-25    property is delivered or shipped to a buyer in this state
46-26    regardless of the FOB point or another condition of the sale, and
 47-1    each sale of tangible personal property shipped from this state to
 47-2    a purchaser in another state in which the seller is not subject to
 47-3    any tax on, or measured by, net income, without regard to whether
 47-4    the tax is imposed;
 47-5                (2)  each service performed in this state;
 47-6                (3)  each rental of property situated in this state;
 47-7                (4)  the use of a patent, copyright, trademark,
 47-8    franchise, or license in this state;
 47-9                (5)  each sale of real property located in this state,
47-10    including royalties from oil, gas, or other mineral interests;
47-11    [and]
47-12                (6)  each partnership or joint venture to the extent
47-13    provided by Subsection (c); and
47-14                (7)  other business done in this state.
47-15          (c)  A corporation shall include in its gross receipts
47-16    computed under Subsection (a) the corporation's share of the gross
47-17    receipts of each partnership and joint venture of which the
47-18    corporation is a part apportioned to this state as though the
47-19    corporation directly earned the receipts, including receipts from
47-20    business done with the corporation.
47-21          SECTION 58.  Section 171.1051, Tax Code, is amended by
47-22    amending Subsection (a) and adding Subsection (d) to read as
47-23    follows:
47-24          (a)  Except for the gross receipts of a corporation that are
47-25    subject to the provisions of Section 171.1061, in apportioning
47-26    taxable earned surplus, the gross receipts of a corporation from
 48-1    its entire business is the sum of the corporation's receipts from:
 48-2                (1)  each sale of the corporation's tangible personal
 48-3    property;
 48-4                (2)  each service, rental, or royalty; [and]
 48-5                (3)  each partnership and joint venture as provided by
 48-6    Subsection (d); and
 48-7                (4)  other business.
 48-8          (d)  A corporation shall include in its gross receipts
 48-9    computed under Subsection (a) the corporation's share of the gross
48-10    receipts of each partnership and joint venture of which the
48-11    corporation is a part.
48-12          SECTION 59.  Section 171.106, Tax Code, is amended by adding
48-13    Subsection (h) to read as follows:
48-14          (h)  A banking corporation shall exclude from the numerator
48-15    of the bank's apportionment factor interest earned on federal funds
48-16    and interest earned on securities sold under an agreement to
48-17    repurchase that are held in this state in a correspondent bank that
48-18    is domiciled in this state.  In this subsection, "correspondent"
48-19    has the meaning assigned by 12 C.F.R. Section 206.2(c).
48-20          SECTION 60.  Section 171.109, Tax Code, is amended by adding
48-21    Subsection (n) to read as follows:
48-22          (n)  A corporation must use the equity method of accounting
48-23    when reporting an investment in a partnership or joint venture.
48-24          SECTION 61.  Section 171.1121, Tax Code, is amended by adding
48-25    Subsection (e) to read as follows:
48-26          (e)  A corporation's share of a partnership's gross receipts
 49-1    that is included in the corporation's federal taxable income must
 49-2    be used in computing the corporation's gross receipts under this
 49-3    section.  Unless otherwise provided by this chapter, a corporation
 49-4    may not deduct costs incurred from the corporation's share of a
 49-5    partnership's gross receipts.  The gross receipts must be
 49-6    apportioned as though the corporation directly earned them.
 49-7          SECTION 62.  Subsection (b), Section 171.260, Tax Code, is
 49-8    amended to read as follows:
 49-9          (b)  The savings and loan commissioner shall appoint a
49-10    conservator under Subtitle B or C, Title 3, Finance Code, to pay
49-11    the franchise tax of a savings and loan association [corporation]
49-12    that is organized under the laws of this state and that the
49-13    commissioner certifies as being delinquent in the payment of the
49-14    association's [corporation's] franchise tax.
49-15          SECTION 63.  Subsection (d), Section 171.501, Tax Code, is
49-16    amended to read as follows:
49-17          (d)  The amount of a refund under this section is the lesser
49-18    of $5,000 or 25 percent of the amount of franchise tax due [taxes
49-19    paid] for any one privilege period before any other applicable
49-20    credits.  For purposes of this subsection, the initial and second
49-21    periods are considered to be the same privilege period.
49-22          SECTION 64.  Section 171.655, Tax Code, is amended to read as
49-23    follows:
49-24          Sec. 171.655.  LIMITATION.  The credit claimed for each
49-25    privilege period may not exceed 50 percent of the amount of [net]
49-26    franchise tax due for the privilege period before [after] any other
 50-1    applicable tax credits.
 50-2          SECTION 65.  Section 171.685, Tax Code, is amended to read as
 50-3    follows:
 50-4          Sec. 171.685.  LIMITATION.  The total credits claimed under
 50-5    this subchapter for a privilege period may not exceed 50 percent of
 50-6    the amount of [net] franchise tax due for the privilege period
 50-7    before [after] any other applicable tax credits.
 50-8          SECTION 66.  Subsection (b), Section 171.705, Tax Code, is
 50-9    amended to read as follows:
50-10          (b)  A corporation may not claim a credit in an amount that
50-11    exceeds 90 percent of the amount of tax due for the report before
50-12    any other applicable credits.
50-13          SECTION 67.  Section 171.753, Tax Code, is amended to read as
50-14    follows:
50-15          Sec. 171.753.  CALCULATION OF CREDIT.  A corporation may
50-16    establish a credit equal to five [25] percent of the total wages
50-17    and salaries paid by the corporation for qualifying jobs during the
50-18    period upon which the tax is based.
50-19          SECTION 68.  Section 171.754, Tax Code, is amended to read as
50-20    follows:
50-21          Sec. 171.754.  LENGTH OF CREDIT.  The credit established
50-22    shall be established on [claimed in five equal installments of
50-23    one-fifth the credit amount over the] five consecutive reports
50-24    beginning with the report based upon the period during which the
50-25    qualifying jobs were created.
50-26          SECTION 69.  Section 171.756, Tax Code, is amended to read as
 51-1    follows:
 51-2          Sec. 171.756.  CARRYFORWARD.  (a)  If a corporation is
 51-3    eligible for a credit [from an installment] that exceeds the
 51-4    limitations under Section 171.755(a) or (b), the corporation may
 51-5    carry the unused credit forward for not more than five consecutive
 51-6    reports.
 51-7          (b)  A carryforward is considered the remaining portion of a
 51-8    credit [an installment] that cannot be claimed in the current year
 51-9    because of the tax limitation under Section 171.755.  A
51-10    carryforward is added to the next year's [installment of the]
51-11    credit in determining the tax limitation for that year.  A credit
51-12    carryforward from a previous report is considered to be utilized
51-13    before the current year credit [installment].
51-14          SECTION 70.  Section 171.831, Tax Code, is amended to read as
51-15    follows:
51-16          Sec. 171.831.  DEFINITION.  In this subchapter, "school-age
51-17    child care" means care provided before or [and] after school and
51-18    during the summer and holidays for children who are at least five
51-19    years of age but younger than 14 years of age.
51-20          SECTION 71.  Subsection (c), Section 171.834, Tax Code, is
51-21    amended to read as follows:
51-22          (c)  A corporation may not claim a credit in an amount that
51-23    exceeds 50 percent of the amount of [net] franchise tax due, before
51-24    [after] applying any other credits, for the reporting period.
51-25          SECTION 72.  Chapter 171, Tax Code, is amended by adding
51-26    Subchapter S to read as follows:
 52-1                     SUBCHAPTER S.  CREDITS LIMITATION
 52-2          Sec. 171.851.  LIMITATION.  The total credits claimed under
 52-3    this chapter for a report, including the amount of any carryforward
 52-4    credits, may not exceed the amount of franchise tax due for the
 52-5    report.
 52-6          SECTION 73.  Section 211.055, Tax Code, is amended to read as
 52-7    follows:
 52-8          Sec. 211.055.  MAXIMUM TAX.  The amount of tax imposed by
 52-9    this chapter may not exceed the amount of the tax imposed under
52-10    Section 2001, Internal Revenue Code, reduced by the unified credit
52-11    provided under Section 2010, Internal Revenue Code [taxes imposed
52-12    by this chapter, when added to the federal tax as finally assessed
52-13    and determined, may not exceed the amount of the federal tax which,
52-14    without application of this chapter and the federal credit and the
52-15    generation-skipping transfer tax credit to which it refers, would
52-16    otherwise be payable to the federal government under Subtitle B,
52-17    Chapters 11 and 13, Internal Revenue Code].
52-18          SECTION 74.  Section 321.102, Tax Code, is amended by
52-19    amending Subsection (g) and adding Subsections (h) and (i) to read
52-20    as follows:
52-21          (g)  Subsections (e) and (f) do not apply if and during any
52-22    period in which a local governmental entity has outstanding
52-23    indebtedness or obligations that are payable wholly or partly from
52-24    the sales and use tax revenue of the entity.  A municipality may
52-25    not implement the imposition or increase of the sales and use tax
52-26    as a result of the circumstances described by Subsection (e) if, as
 53-1    a result of the implementation of that imposition or increase, the
 53-2    combined rate of all sales and use taxes imposed by the
 53-3    municipality, the local governmental entity, and any other
 53-4    political subdivisions having territory in the district would
 53-5    exceed two percent at any location in the municipality.
 53-6          (h)  A transit authority is not a local governmental entity
 53-7    for the purposes of Subsections (e) and (f).
 53-8          (i)  Subsection (g) does not apply to a local governmental
 53-9    entity or political subdivision created under Chapter 326, Local
53-10    Government Code.
53-11          SECTION 75.  Subchapter D, Chapter 321, Tax Code, is amended
53-12    by adding Section 321.312 to read as follows:
53-13          Sec. 321.312.  RETENTION OF CERTAIN MUNICIPAL SALES TAXES.  A
53-14    municipality that holds a sales and use tax permit issued by the
53-15    comptroller and that imposes a sales and use tax may retain the
53-16    portion of the tax that the municipality collects and that
53-17    constitutes the municipality's own tax.  The municipality shall
53-18    remit to the comptroller all other applicable local sales and use
53-19    taxes and the state sales and use tax.
53-20          SECTION 76.  Subchapter D, Chapter 322, Tax Code, is amended
53-21    by adding Section 322.306 to read as follows:
53-22          Sec. 322.306.  RETENTION OF CERTAIN SPECIAL PURPOSE DISTRICT
53-23    SALES TAXES.  A taxing entity that holds a sales and use tax permit
53-24    issued by the comptroller and that imposes a sales and use tax may
53-25    retain the portion of the tax that the taxing entity collects and
53-26    that constitutes the entity's own tax.  The taxing entity shall
 54-1    remit to the comptroller all other applicable local sales and use
 54-2    taxes and the state sales and use tax.
 54-3          SECTION 77.  Subchapter D, Chapter 323, Tax Code, is amended
 54-4    by adding Section 323.312 to read as follows:
 54-5          Sec. 323.312.  RETENTION OF CERTAIN COUNTY SALES TAXES.  A
 54-6    county that holds a sales and use tax permit issued by the
 54-7    comptroller and that imposes a sales and use tax may retain the
 54-8    portion of the tax that the county collects and that constitutes
 54-9    the county's own tax.  The county shall remit to the comptroller
54-10    all other applicable local sales and use taxes and the state sales
54-11    and use tax.
54-12          SECTION 78.  Subsection (a), Section 311.045, Health and
54-13    Safety Code, is amended to read as follows:
54-14          (a)  A nonprofit hospital or hospital system shall annually
54-15    satisfy the requirements of this subchapter and of Sections
54-16    11.18(d)(1), 151.310(a)(2) and (e), and 171.063(a)(1), Tax Code, to
54-17    provide community benefits which include charity care and
54-18    government-sponsored indigent health care by complying with one or
54-19    more of the standards set forth in Subsection (b).  The hospital or
54-20    hospital system shall file a statement with the Bureau of State
54-21    Health Data and Policy Analysis at the department and[, with] the
54-22    chief appraiser of the local appraisal district[, and with the
54-23    comptroller's office] no later than the 120th day after the
54-24    hospital's or hospital system's fiscal year ends, stating which of
54-25    the standards in Subsection (b) have been satisfied, provided,
54-26    however, that the first report shall be filed no later than the
 55-1    120th day after the end of the hospital's or hospital system's
 55-2    fiscal year ending during 1994.  For hospitals in a hospital
 55-3    system, the corporate parent may elect to satisfy the charity care
 55-4    requirements of this subchapter for each of the hospitals within
 55-5    the system on a consolidated basis.
 55-6          SECTION 79.  Subdivision (1), Section 2153.002, Occupations
 55-7    Code, is amended to read as follows:
 55-8                (1)  "Coin-operated machine" means any kind of machine
 55-9    or device operated by or with a coin or other United States
55-10    currency, metal slug, token, electronic card, or check, including a
55-11    music or skill or pleasure coin-operated machine.
55-12          SECTION 80.  Section 74.402, Property Code, is amended to
55-13    read as follows:
55-14          Sec. 74.402.  NOTICE OF SALE.  Before the 21st day preceding
55-15    the day on which a public sale is held under Section 74.401, the
55-16    comptroller shall publish notice of the sale in a newspaper of
55-17    general circulation in Travis County or in the county where the
55-18    sale is to be held.  If the public sale is to be held on the
55-19    Internet or by an online auction, the comptroller may post the
55-20    notice on the comptroller's own website before the seventh day
55-21    preceding the date on which the sale or auction is held.
55-22          SECTION 81.  Subsection (e), Section 11.011, Texas Racing Act
55-23    (Article 179e, Vernon's Texas Civil Statutes), is amended to read
55-24    as follows:
55-25          (e)  The racetrack where the wager is made is responsible for
55-26    reporting and remitting the state's share of the pari-mutuel pool.
 56-1    [If intrastate wagering pools are combined between tracks, the
 56-2    track where the race originates is responsible for the state's
 56-3    share of the pari-mutuel pool regardless of whether a shortage or
 56-4    error occurred at the originating track or receiving track.]
 56-5          SECTION 82.  Section 1, Article 6550c-1, Revised Statutes, is
 56-6    amended by amending Subdivision (6) and adding Subdivision (7) to
 56-7    read as follows:
 56-8                (6)  "District property" means all property the
 56-9    district owns or leases under a long-term lease.
56-10                (7)  "System" means all of the commuter rail and
56-11    intermodal facilities leased or owned by or operated on behalf of a
56-12    district created under this article.
56-13          SECTION 83.  Section 9, Article 6550c-1, Revised Statutes, is
56-14    amended to read as follows:
56-15          Sec. 9.  SALES AND USE TAXES.  (a)  A [district shall collect
56-16    or cause to be collected] sales and use tax is imposed [taxes] on
56-17    items sold on district property.  The sales and use tax shall be
56-18    imposed [collected] at the rate of the highest combination of
56-19    [state and] local sales and use taxes imposed at the time of the
56-20    district's creation in any local governmental jurisdiction which is
56-21    a member of a district.  The [After deducting the state share of
56-22    sales and use taxes, the] comptroller shall remit to a district the
56-23    local sales and use tax collected on the district's property.  All
56-24    other local sales and use taxes that would otherwise be imposed on
56-25    district property are preempted by the imposition of this tax.
56-26          (b)  The comptroller shall administer, collect, and enforce a
 57-1    tax imposed under this Act.  Chapter 321, Tax Code, governs the
 57-2    computation, administration, governance, and use of the tax except
 57-3    as inconsistent with this Act.
 57-4          (c)  The district shall notify the comptroller in writing by
 57-5    United States registered or certified mail of the district's
 57-6    creation and of its intent to impose the sales and use tax under
 57-7    this Act.  The district shall provide to the comptroller all
 57-8    information required to implement the tax, including:
 57-9                (1)  an adequate map showing the property boundaries of
57-10    the district;
57-11                (2)  a certified copy of the resolution of the district
57-12    board adopting the tax; and
57-13                (3)  certified copies of the resolutions of the
57-14    governing bodies of the municipalities creating the district and of
57-15    the commissioners courts in the counties in which the
57-16    municipalities are located.
57-17          (d)  Not later than the 30th day after the date the
57-18    comptroller receives the notice, map, and other information, the
57-19    comptroller shall inform the district whether the comptroller is
57-20    prepared to administer the tax.
57-21          (e)  At the same time the district notifies the comptroller
57-22    under Subsection (c) of this section, the district shall notify
57-23    each affected local governmental jurisdiction of the district's
57-24    creation and provide each jurisdiction with an adequate map showing
57-25    the property boundaries of the district.
57-26          (f)  Not later than the 30th day after the date the district
 58-1    acquires additional territory, the district shall notify the
 58-2    comptroller and each affected local governmental jurisdiction of
 58-3    the acquisition.  The district must include with each notification
 58-4    an adequate map showing the new property boundaries of the district
 58-5    and the date the additional territory was acquired.  Not later than
 58-6    the 30th day after the date the comptroller receives the notice
 58-7    under this subsection, the comptroller shall inform the district
 58-8    whether the comptroller is prepared to administer the tax in the
 58-9    additional territory.
58-10          (g)  A tax imposed under this Act or the repeal of a tax
58-11    abolished under this Act takes effect on the first day of the first
58-12    complete calendar quarter that occurs after the expiration of the
58-13    first complete calendar quarter that occurs after the date the
58-14    comptroller receives a notice of the action as required by this
58-15    section.
58-16          SECTION 84.  The following provisions of the Tax Code are
58-17    repealed:
58-18                (1)  Subsections (d) and (e), Section 151.319;
58-19                (2)  Subsections (c) and (d), Section 171.757; and
58-20                (3)  Subsection (b), Section 201.052.
58-21          SECTION 85.  Each change in law made by this Act to the
58-22    following provisions is a clarification of existing law and does
58-23    not imply that existing law may be construed as inconsistent with
58-24    the law as amended by this Act:
58-25                (1)  Subsection (b), Section 111.0081, Tax Code;
58-26                (2)  Subsection (a), Section 151.007, Tax Code;
 59-1                (3)  Section 151.010, Tax Code;
 59-2                (4)  Section 151.057, Tax Code;
 59-3                (5)  Subsection (b), Section 151.257, Tax Code;
 59-4                (6)  Subsection (a), Section 151.308, Tax Code;
 59-5                (7)  Subsection (d), Section 151.310, Tax Code;
 59-6                (8)  Section 151.313, Tax Code;
 59-7                (9)  Subsection (a), Section 151.317, Tax Code;
 59-8                (10)  Subsections (a) and (t), Section 151.318, Tax
 59-9    Code;
59-10                (11)  Subsection (e), Section 151.3185, Tax Code;
59-11                (12)  Subsection (b), Section 151.319, Tax Code;
59-12                (13)  Subsection (a), Section 152.047, Tax Code;
59-13                (14)  Subsection (d), Section 152.091, Tax Code;
59-14                (15)  Subdivision (25), Section 153.001, Tax Code;
59-15                (16)  Subsection (i), Section 153.018, Tax Code;
59-16                (17)  Subsection (a), Section 153.117, Tax Code;
59-17                (18)  Section 153.205, Tax Code;
59-18                (19)  Subsection (c), Section 153.206, Tax Code;
59-19                (20)  Subsection (j), Section 153.219, Tax Code;
59-20                (21)  Subsections (a) and (c), Section 153.221, Tax
59-21    Code;
59-22                (22)  Subdivision (13), Section 154.001, Tax Code;
59-23                (23)  Subsections (a), (b), and (h), Section 154.101,
59-24    Tax Code;
59-25                (24)  Subsection (a), Section 154.102, Tax Code;
59-26                (25)  Subsection (a), Section 154.110, Tax Code;
 60-1                (26)  Subsection (a), Section 154.501, Tax Code;
 60-2                (27)  Subdivision (11), Section 155.001, Tax Code;
 60-3                (28)  Subsections (a), (b), and (h), Section 155.041,
 60-4    Tax Code;
 60-5                (29)  Subsection (a), Section 155.048, Tax Code;
 60-6                (30)  Subsection (a), Section 155.201, Tax Code;
 60-7                (31)  Subsections (a) and (c), Section 171.1032, Tax
 60-8    Code;
 60-9                (32)  Subsections (a) and (d), Section 171.1051, Tax
60-10    Code;
60-11                (33)  Subsection (e), Section 171.1121, Tax Code;
60-12                (34)  Subsection (b), Section 171.260, Tax Code;
60-13                (35)  Section 171.831, Tax Code; and
60-14                (36)  Subchapter S, Chapter 171, Tax Code.
60-15          SECTION 86.  (a)  The changes to Subsection (b), Section
60-16    326.023, Local Government Code, made by Section 2 of this Act apply
60-17    only to a petition filed with a commissioners court on or after the
60-18    effective date of that section.  A petition filed before that date
60-19    is governed by the law in effect on the date the petition is filed,
60-20    and that law is continued in effect for that purpose.
60-21          (b)  The changes to Section 326.029, Local Government Code,
60-22    made by Section 3 of this Act apply only to an order issued on or
60-23    after the effective date of that section.  An order issued before
60-24    that date is governed by the law in effect on the date the order is
60-25    issued, and that law is continued in effect for that purpose.
60-26          SECTION 87.  The comptroller of public accounts may adopt
 61-1    rules and take other actions before October 1, 2001, as the
 61-2    comptroller considers necessary or advisable to prepare for this
 61-3    Act to take effect.
 61-4          SECTION 88.  (a)  Except as otherwise provided by this
 61-5    section, this Act takes effect September 1, 2001.
 61-6          (b)  Sections 12, 13, 14, 15, 17 through 26, 29 through 55,
 61-7    75 through 77, and 81 of this Act, and Subdivisions (1) and (3),
 61-8    Section 84, of this Act, take effect October 1, 2001.
 61-9          (c)  Sections 57 through 72 of this Act and Subdivision (2),
61-10    Section 84, of this Act take effect January 1, 2002, and apply to a
61-11    report originally due on or after that date.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1125 passed the Senate on
         April 5, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 25, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1125 passed the House, with
         amendment, on May 17, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor