1-1     By:  Armbrister                                       S.B. No. 1125
 1-2           (In the Senate - Filed March 6, 2001; March 7, 2001, read
 1-3     first time and referred to Committee on Finance; April 2, 2001,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 12, Nays 0; April 2, 2001, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1125                  By:  Fraser
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to technical changes to taxes and fees administered by the
1-10     comptroller of public accounts.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsection (k), Section 43.0751, Local Government
1-13     Code, is amended to read as follows:
1-14           (k)  A municipality that has annexed all or part of a
1-15     district for limited purposes under this section may impose a
1-16     [retail] sales and use tax within the boundaries of the part of the
1-17     district that is annexed for limited purposes.  Except to the
1-18     extent it is inconsistent with this section, Chapter 321, Tax Code,
1-19     governs the imposition, computation, administration, governance,
1-20     and abolition of the sales and use tax.
1-21           SECTION 2.  Subsection (b), Section 326.023, Local Government
1-22     Code, is amended to read as follows:
1-23           (b)  The petition must:
1-24                 (1)  include a name for the proposed district that
1-25     describes the location of the district followed by the words
1-26     "Library District";
1-27                 (2)  describe the boundaries of the proposed district
1-28     by:
1-29                       (A)  metes and bounds;
1-30                       (B)  lot and block number, if there is a recorded
1-31     map or plat and survey of the area; or
1-32                       (C)  other sufficient legal description;
1-33                 (3)  include the names of five persons who are willing
1-34     and qualified to serve as the initial board of trustees of the
1-35     district if elected at the election to create the district; [and]
1-36                 (4)  include the rate of the sales and use tax that
1-37     would be imposed by the board of the proposed district on approval
1-38     of the district; and
1-39                 (5)  include a list of each known business identified
1-40     in the proposed boundaries of the district.
1-41           SECTION 3.  Section 326.029, Local Government Code, is
1-42     amended by amending Subsection (c) and adding Subsection (d) to
1-43     read as follows:
1-44           (c)  The order canvassing the results of the election must:
1-45                 (1)  contain a description of the district's boundaries
1-46     and a map of the district; [and]
1-47                 (2)  state the date of the election; and
1-48                 (3)  state the total number of votes cast for and
1-49     against the ballot proposition [be filed in the deed records of the
1-50     county in which the district is located].
1-51           (d)  The order issued by a commissioners court canvassing the
1-52     results of the election must be:
1-53                 (1)  filed in the deed records of the county in which
1-54     the district is located; and
1-55                 (2)  mailed or delivered to the comptroller not later
1-56     than the 30th day after the date the order is issued.
1-57           SECTION 4.  Subchapter F, Chapter 363, Local Government Code,
1-58     is amended by adding Section 363.262 to read as follows:
1-59           Sec. 363.262.  EFFECTIVE DATE OF TAX CHANGE.  (a)  If less
1-60     than a majority of the votes cast in a continuation referendum are
1-61     for the continuation of the district or if a majority of the votes
1-62     cast in a dissolution referendum are for dissolution of the
1-63     district, the board shall notify the comptroller in writing of the
1-64     results of the referendum not later than the 10th day after the
 2-1     date the referendum returns are canvassed.
 2-2           (b)  If the district is to be dissolved as a result of the
 2-3     referendum, the abolition of the local crime control sales and use
 2-4     tax takes effect on the first day of the first calendar quarter
 2-5     that occurs after the expiration of the first complete calendar
 2-6     quarter that occurs after the comptroller receives a notice of the
 2-7     results of the continuation or dissolution referendum.
 2-8           (c)  If the comptroller determines that an effective date
 2-9     provided by Subsection (b) will occur before the comptroller can
2-10     reasonably take the action required to implement abolition of the
2-11     tax, the comptroller may extend the effective date until the final
2-12     day of the succeeding calendar quarter.
2-13           SECTION 5.  Section 378.004, Local Government Code, as added
2-14     by Chapter 305, Acts of the 76th Legislature, Regular Session,
2-15     1999, is amended to read as follows:
2-16           Sec. 378.004.  MUNICIPAL POWERS.  In addition to other powers
2-17     that a municipality may exercise, a municipality may:
2-18                 (1)  waive or adopt fees related to the construction of
2-19     buildings in the zone, including fees related to the inspection of
2-20     buildings and impact fees;
2-21                 (2)  enter into agreements, for a period of not more
2-22     than 10 years, for the purpose of benefiting the zone, for [sales
2-23     tax] refunds [or abatements] of municipal sales tax on sales made
2-24     in the zone;
2-25                 (3)  enter into agreements abating municipal property
2-26     taxes on property in the zone subject to the duration limits of
2-27     Section 312.204, Tax Code; and
2-28                 (4)  set baseline performance standards, such as the
2-29     Energy Star Program as developed by the Department of Energy, to
2-30     encourage the use of alternative building materials that address
2-31     concerns relating to the environment or to the building costs,
2-32     maintenance, or energy consumption.
2-33           SECTION 6.  Section 383.104, Local Government Code, is
2-34     amended by adding Subsection (c)  to read as follows:
2-35           (c)  The district's sales and use tax is automatically
2-36     discontinued by operation of law if no tax revenue is collected
2-37     within the district before the first anniversary of the date the
2-38     tax took effect.  The comptroller shall notify the board and the
2-39     commissioners court of the county in which the district is located
2-40     of the discontinuance of the tax.  The district may authorize a new
2-41     sales and use tax by following the procedures provided by this
2-42     subchapter for imposition of the tax.
2-43           SECTION 7.  Subsection (a), Section 25.00212, Government
2-44     Code, is amended to read as follows:
2-45           (a)  At the end of each state fiscal year the comptroller
2-46     shall determine the amounts deposited in the judicial fund under
2-47     Section 51.704 [51.703] and the amounts paid to the counties under
2-48     Section 25.00211.  If the total amount paid under Section 51.704 by
2-49     all counties exceeds the total amount paid to counties under
2-50     Section 25.00211, the state shall remit the excess to the counties
2-51     proportionately based on the percentage of the total paid by each
2-52     county.
2-53           SECTION 8.  Subsection (b), Section 111.0081, Tax Code, is
2-54     amended to read as follows:
2-55           (b)  This section does not apply to a determination under
2-56     Section 111.022 [151.506 of this code].
2-57           SECTION 9.  Subsection (e), Section 111.301, Tax Code, is
2-58     amended to read as follows:
2-59           (e)  Application for the refund is to the comptroller.  The
2-60     application must:
2-61                 (1)  be made on the form prescribed by the comptroller;
2-62                 (2)  have attached a tax receipt from the assessor and
2-63     collector of taxes for the school district showing full payment of
2-64     school district ad valorem taxes on the property for the tax year
2-65     for which the refund is sought; and
2-66                 (3)  include sufficient information for the comptroller
2-67     to determine the portion of the ad valorem taxes paid to a school
2-68     district by the person for the applicable tax year on the property
2-69     that the person would not have been required to pay if the school
 3-1     district had entered into a tax abatement agreement concerning the
 3-2     property that included the same terms, including terms governing
 3-3     the portion of the property that is to be exempt from taxation
 3-4     under the agreement, as specified by the [applicable] municipal or
 3-5     county tax abatement agreement on which the refund amount is to be
 3-6     based.
 3-7           SECTION 10.  Section 111.302, Tax Code, is amended by
 3-8     amending Subsections (b) and (c) and adding Subsection (d) to read
 3-9     as follows:
3-10           (b)  Applications for refund must be filed before August 1 of
3-11     the year following the tax year for which the person applying has
3-12     paid ad valorem taxes described by Section 111.301(a).  Within 90
3-13     [60] days thereafter, the comptroller shall compute the total
3-14     amount eligible for refund.
3-15           (c)  If the total amount of eligible refunds claimed by all
3-16     persons, as determined under Subsection (b), is less than $10
3-17     million, the amount of a tax refund is equal to the ad valorem
3-18     taxes paid to a school district by the person for the applicable
3-19     tax year on the property that the person would not have been
3-20     required to pay if the school district had entered into a tax
3-21     abatement agreement covering the property that included the same
3-22     terms, including terms governing the portion of the property that
3-23     is to be exempt from taxation under the agreement, as specified by
3-24     the [applicable] municipal or county tax abatement agreement on
3-25     which the refund amount is to be based.  If the total amount of
3-26     eligible refunds claimed by all persons, as determined under
3-27     Subsection (b), is greater than $10 million, the comptroller shall
3-28     reduce the amount of each refund as necessary to allow all
3-29     claimants to share proportionally the $10 million available.  The
3-30     amount by which a refund is reduced under this subsection may not
3-31     be included in a claim for a refund in a subsequent year.
3-32           (d)  If an eligible person has entered into tax abatement
3-33     agreements with the municipality and the county, and the agreements
3-34     provided to the comptroller show that the agreements exempt
3-35     different portions of property value, the refund amount shall be
3-36     computed based on the greater of the portions exempted.
3-37           SECTION 11.  Section 111.304, Tax Code, is amended to read as
3-38     follows:
3-39           Sec. 111.304.  EVALUATION; ANNUAL REPORT.  Not later than
3-40     [December 1, 1999, and] December 1 of each [subsequent] year, the
3-41     comptroller shall submit an annual report to the legislature.  The
3-42     report:
3-43                 (1)  must document the applications for refunds filed
3-44     with the comptroller under this subchapter;
3-45                 (2)  must document the refunds paid by the comptroller
3-46     under this chapter; and
3-47                 (3)  [must contain relevant information obtained from
3-48     the Texas Department of Commerce, including information to
3-49     demonstrate the relationship between tax refunds under this
3-50     subchapter and the economy; and]
3-51                 [(4)]  may include any other relevant information that
3-52     the comptroller determines is applicable to this subchapter or to
3-53     Chapter 312.
3-54           SECTION 12.  Subsection (a), Section 151.007, Tax Code, is
3-55     amended to read as follows:
3-56           (a)  Except as provided by Subsections (c) and (d) [of this
3-57     section], "sales price" or "receipts" means the total amount for
3-58     which a taxable item is sold, leased, or rented, valued in money,
3-59     without a deduction for the cost of:
3-60                 (1)  the taxable item sold, leased, or rented;
3-61                 (2)  the materials used, labor or service employed,
3-62     interest, losses, or other expenses;
3-63                 (3)  the transportation or installation of tangible
3-64     personal property; or
3-65                 (4)  transportation incident to the performance of a
3-66     taxable service.
3-67           SECTION 13.  Section 151.010, Tax Code, is amended to read as
3-68     follows:
3-69           Sec. 151.010.  "TAXABLE ITEM."  "Taxable item" means tangible
 4-1     personal property and taxable services.  Except as otherwise
 4-2     provided by this chapter, the sale or use of a taxable item in
 4-3     electronic form instead of on physical media does not alter the
 4-4     item's tax status.
 4-5           SECTION 14.  Section 151.057, Tax Code, is amended to read as
 4-6     follows:
 4-7           Sec. 151.057.  SERVICES BY EMPLOYEES.  The following services
 4-8     are not taxable under this chapter:
 4-9                 (1)  a service performed by an employee for his
4-10     employer in the regular course of business, within the scope of the
4-11     employee's duties, and for which the employee is paid his regular
4-12     wages or salary;
4-13                 (2)  a service performed by an employee of a temporary
4-14     employment service as defined by Section 93.001, Labor Code, [a
4-15     temporary help service] for an employer to supplement the
4-16     employer's existing work force on a temporary basis, when the
4-17     service is normally performed by the employer's own employees, the
4-18     employer provides all supplies and equipment necessary, and the
4-19     help is under the direct or general supervision of the employer to
4-20     whom the help is furnished; or
4-21                 (3)  a service performed by assigned employees of a
4-22     staff leasing company, either licensed under Chapter 91, Labor
4-23     Code, or exempt from the licensing requirements of that chapter,
4-24     for a client company under a written contract that provides for
4-25     shared employment responsibilities between the staff leasing
4-26     company and the client company for the assigned employees, most of
4-27     whom must have been previously employed by the client company.  The
4-28     comptroller shall prescribe by rule the minimum percentage of
4-29     assigned employees that must have been previously employed by the
4-30     client company, the minimum time period the assigned employees must
4-31     have been employed by the client company prior to the commencement
4-32     of its contract, and such other criteria as the comptroller may
4-33     deem necessary to properly implement this section.
4-34           SECTION 15.  Subsection (a), Section 151.155, Tax Code, is
4-35     amended to read as follows:
4-36           (a)  Except as provided by Section 151.3181 for property used
4-37     in manufacturing, if [If] a purchaser certifies in writing to a
4-38     seller that a taxable item sold, leased, or rented to the purchaser
4-39     will be used in a manner or for a purpose that qualifies the sale
4-40     of the item for an exemption from the taxes imposed by this
4-41     chapter, and if the purchaser then uses the item in some other
4-42     manner or for some other purpose, the purchaser is liable for the
4-43     payment of the sales tax on the value of the taxable item for any
4-44     period during which the item is used in the divergent manner or for
4-45     the divergent purpose.
4-46           SECTION 16.  Subsection (b), Section 151.257, Tax Code, is
4-47     amended to read as follows:
4-48           (b)  If the security filed by the person is a surety bond,
4-49     the comptroller shall send a copy of the determination to each
4-50     surety on the bond and shall demand payment from both the person
4-51     filing the bond and each surety.  A surety's obligation under the
4-52     bond is not affected by whether the surety has a record of the
4-53     receipt of a copy of the comptroller's determination notice or
4-54     payment demand.
4-55           SECTION 17.  Subchapter H, Chapter 151, Tax Code, is amended
4-56     by adding Section 151.3021 to read as follows:
4-57           Sec. 151.3021.  PACKAGING SUPPLIES AND WRAPPING.  (a)  In
4-58     this section:
4-59                 (1)  "Laundry or dry cleaner" does not include
4-60     coin-operated or other self-service garment cleaning facilities.
4-61                 (2)  "Wrapping, packing, and packaging supplies" means
4-62     hangers, safety pins, pins, inventory tags, staples, boxes, paper
4-63     wrappers, and plastic bags.
4-64           (b)  Internal and external wrapping, packing, and packaging
4-65     supplies are exempted from the taxes imposed by this chapter if
4-66     sold to a person who is a laundry or dry cleaner for use in
4-67     wrapping, packing, or packaging an item that has been pressed and
4-68     dry cleaned or laundered by the person operating as a laundry or
4-69     dry cleaner in the regular course of business.
 5-1           SECTION 18.  Subsection (a), Section 151.308, Tax Code, is
 5-2     amended to read as follows:
 5-3           (a)  The following are exempted from the taxes imposed by
 5-4     this chapter:
 5-5                 (1)  oil as taxed by Chapter 202;
 5-6                 (2)  sulphur as taxed by Chapter 203;
 5-7                 (3)  motor fuels and special fuels as defined, taxed,
 5-8     or exempted by Chapter 153;
 5-9                 (4)  cement as taxed by Chapter 181;
5-10                 (5)  motor vehicles, trailers, and semitrailers as
5-11     defined, taxed, or exempted by Chapter 152 [or 157], other than a
5-12     mobile office as defined by Section 152.001(16);
5-13                 (6)  mixed beverages, ice, or nonalcoholic beverages
5-14     and the preparation or service of these items if the receipts are
5-15     taxable by Chapter 183 [202, Alcoholic Beverage Code];
5-16                 (7)  alcoholic beverages when sold to the holder of a
5-17     private club registration permit or to the agent or employee of the
5-18     holder of a private club registration permit if the holder or agent
5-19     or employee is acting as the agent of the members of the club and
5-20     if the beverages are to be served on the premises of the club;
5-21                 (8)  oil well service as taxed by Subchapter E, Chapter
5-22     191; and
5-23                 (9)  insurance premiums subject to gross premiums
5-24     taxes.
5-25           SECTION 19.  Section 151.310, Tax Code, is amended by
5-26     amending Subsection (d) and adding Subsection (f) to read as
5-27     follows:
5-28           (d)  If two or more organizations jointly hold a tax-free
5-29     sale or auction, each [neither] organization may hold one
5-30     additional [another] tax-free sale or auction during the calendar
5-31     year in which the joint sale or auction is held.  The employment of
5-32     and payment of a reasonable fee to an auctioneer to conduct a
5-33     tax-free auction does not disqualify an otherwise qualified
5-34     organization from receiving the exemption provided by Subsection
5-35     (c) [of this section].
5-36           (f)  A qualifying joint venture or partnership is entitled to
5-37     an exemption from the tax imposed by this chapter on its purchases.
5-38     To qualify, the joint venture or partnership must be an entity that
5-39     is formed between a for-profit entity and a nonprofit hospital or
5-40     hospital system that qualifies for an exemption under Subsection
5-41     (e) and must provide community benefits, including charity care and
5-42     government-sponsored indigent health care, in the manner prescribed
5-43     by Subchapter D, Chapter 311, Health and Safety Code.  The
5-44     exemption is limited to the percentage that the nonprofit hospital
5-45     or hospital system owns in the joint venture or partnership.
5-46           SECTION 20.  Section 151.313, Tax Code, as amended by
5-47     Chapters 394 and 683, Acts of the 76th Legislature, Regular
5-48     Session, 1999, is reenacted and amended to read as follows:
5-49           Sec. 151.313.  HEALTH CARE SUPPLIES.  (a)  The following
5-50     items are exempted from the taxes imposed by this chapter:
5-51                 (1)  a drug or medicine, other than insulin, if
5-52     prescribed or dispensed for a human or animal by a licensed
5-53     practitioner of the healing arts;
5-54                 (2)  insulin;
5-55                 (3)  subject to Subsection (c), a drug or medicine,
5-56     without regard to whether it is prescribed or dispensed by a
5-57     licensed practitioner of the healing arts[, that is labeled with a
5-58     national drug code issued by the federal Food and Drug
5-59     Administration];
5-60                 (4)  a hypodermic syringe or needle;
5-61                 (5)  a brace; hearing aid or audio loop; orthopedic,
5-62     dental, or prosthetic device; ileostomy, colostomy, or ileal
5-63     bladder appliance; or supplies or replacement parts for the listed
5-64     items;
5-65                 (6)  a therapeutic appliance, device, and any related
5-66     supplies specifically designed for those products, if dispensed or
5-67     prescribed by a licensed practitioner of the healing arts, when
5-68     those items are purchased and used by an individual for whom the
5-69     items listed in this subdivision were dispensed or prescribed;
 6-1                 (7)  corrective lens and necessary and related
 6-2     supplies, if dispensed or prescribed by an ophthalmologist or
 6-3     optometrist;
 6-4                 (8)  specialized printing or signalling equipment used
 6-5     by the deaf for the purpose of enabling the deaf to communicate
 6-6     through the use of an ordinary telephone and all materials, paper,
 6-7     and printing ribbons used in that equipment;
 6-8                 (9)  a braille wristwatch, braille writer, braille
 6-9     paper and braille electronic equipment that connects to computer
6-10     equipment, and the necessary adaptive devices and adaptive computer
6-11     software;
6-12                 (10)  each of the following items if purchased for use
6-13     by the blind to enable them to function more independently:  a
6-14     slate and stylus, print enlarger, light probe, magnifier, white
6-15     cane, talking clock, large print terminal, talking terminal, or
6-16     harness for guide dog;
6-17                 (11)  hospital beds;
6-18                 (12)  blood glucose monitoring test strips; [and]
6-19                 (13)  an adjustable eating utensil used to facilitate
6-20     independent eating if purchased for use by a person, including a
6-21     person who is elderly or physically disabled, has had a stroke, or
6-22     is a burn victim, who does not have full use or control of the
6-23     person's hands or arms; and
6-24                 (14)  subject to Subsection (d), a dietary supplement.
6-25           (b)  Each of the following items is exempted from the tax
6-26     imposed by this chapter if the item is used by a person who is deaf
6-27     to enable the person to function more independently:
6-28                 (1)  a light signal and device to adapt items such as
6-29     telecommunication devices for the deaf (TDDs), telephones,
6-30     doorbells, and smoke alarms; and
6-31                 (2)  adaptive devices or adaptive software for
6-32     computers used by persons who are deaf.
6-33           (c)  A product is a drug or medicine for purposes of this
6-34     section if:
6-35                 (1)  the product:
6-36                       (A)  is intended for use in the diagnosis, cure,
6-37     mitigation, treatment, or prevention of disease, illness, injury,
6-38     or pain;
6-39                       (B)  is applied to the human body or is a product
6-40     that a human ingests or inhales;
6-41                       (C)  is not an appliance or device; and
6-42                       (D)  is not food; or
6-43                 (2)  the product is labeled or required to be labeled
6-44     with a "Drug Facts" panel in accordance with regulations of the
6-45     federal Food and Drug Administration.
6-46           (d)  A product is a dietary supplement for purposes of this
6-47     section if:
6-48                 (1)  the product:
6-49                       (A)  contains one or more vitamins, minerals,
6-50     herbs, amino acids, or substances that are intended to increase
6-51     caloric intake;
6-52                       (B)  is not represented as food or the sole item
6-53     of a meal or the diet; and
6-54                       (C)  is labeled "dietary supplement" or
6-55     "supplement"; or
6-56                 (2)  the product is labeled or required to be labeled
6-57     with a "Supplement Facts" panel in accordance with regulations of
6-58     the federal Food and Drug Administration.
6-59           SECTION 21.  Subsection (a), Section 151.317, Tax Code, is
6-60     amended to read as follows:
6-61           (a)  Subject to Subsection (d), gas and electricity are
6-62     exempted from the taxes imposed by this chapter when sold for:
6-63                 (1)  residential use;
6-64                 (2)  use in powering equipment exempt under Section
6-65     151.318 or 151.3185 by a person processing tangible personal
6-66     property for sale as tangible personal property, other than
6-67     preparation or storage of food for immediate consumption;
6-68                 (3)  use in lighting, cooling, and heating in the
6-69     manufacturing area during the actual manufacturing or processing of
 7-1     tangible personal property for sale as tangible personal property,
 7-2     other than preparation or storage of food for immediate
 7-3     consumption;
 7-4                 (4)  use directly in exploring for, producing, or
 7-5     transporting, a material extracted from the earth;
 7-6                 (5)  use in agriculture, including dairy or poultry
 7-7     operations and pumping for farm or ranch irrigation;
 7-8                 (6)  use directly in electrical processes, such as
 7-9     electroplating, electrolysis, and cathodic protection;
7-10                 (7)  use directly in the off-wing processing, overhaul,
7-11     or repair of a jet turbine engine or its parts for a certificated
7-12     or licensed carrier of persons or property;
7-13                 (8)  use directly in providing, under contracts with or
7-14     on behalf of the United States government or foreign governments,
7-15     defense or national security-related electronics, classified
7-16     intelligence data processing and handling systems, or
7-17     defense-related platform modifications or upgrades; [or]
7-18                 (9)  a direct or indirect use, consumption, or loss of
7-19     electricity by an electric utility engaged in the purchase of
7-20     electricity for resale; or
7-21                 (10)  use in timber operations, including pumping for
7-22     irrigation of timberland.
7-23           SECTION 22.  Subsections (a) and (t), Section 151.318, Tax
7-24     Code, are amended to read as follows:
7-25           (a)  The following items are exempted from the taxes imposed
7-26     by this chapter if sold, leased, or rented to, or stored, used, or
7-27     consumed by a manufacturer:
7-28                 (1)  tangible personal property that will become an
7-29     ingredient or component part of tangible personal property
7-30     manufactured, processed, or fabricated for ultimate sale;
7-31                 (2)  tangible personal property directly used or
7-32     consumed in or during the actual manufacturing, processing, or
7-33     fabrication of tangible personal property for ultimate sale if the
7-34     use or consumption of the property is necessary or essential to the
7-35     manufacturing, processing, or fabrication operation and directly
7-36     makes or causes a chemical or physical change to:
7-37                       (A)  the product being manufactured, processed,
7-38     or fabricated for ultimate sale; or
7-39                       (B)  any intermediate or preliminary product that
7-40     will become an ingredient or component part of the product being
7-41     manufactured, processed, or fabricated for ultimate sale;
7-42                 (3)  services performed directly on the product being
7-43     manufactured prior to its distribution for sale and for the purpose
7-44     of making the product more marketable;
7-45                 (4)  actuators, steam production equipment and its
7-46     fuel, in-process flow through tanks, cooling towers, generators,
7-47     heat exchangers, transformers and the switches, breakers, capacitor
7-48     banks, regulators, relays, reclosers, fuses, interruptors,
7-49     reactors, arrestors, resistors, insulators, instrument
7-50     transformers, and telemetry units that are related to the
7-51     transformers, electronic control room equipment, computerized
7-52     control units, pumps, compressors, and hydraulic units, that are
7-53     used to power, supply, support, or control equipment that qualifies
7-54     for exemption under Subdivision (2) or (5) or to generate
7-55     electricity, chilled water, or steam for ultimate sale;
7-56     transformers located at an electric generating facility that
7-57     increase the voltage of electricity generated for ultimate sale,
7-58     the electrical cable that carries the electricity from the electric
7-59     generating equipment to the step-up transformers, and the switches,
7-60     breakers, capacitor banks, regulators, relays, reclosers, fuses,
7-61     interruptors, reactors, arrestors, resistors, insulators,
7-62     instrument transformers, and telemetry units that are related to
7-63     the step-up transformers; and transformers that decrease the
7-64     voltage of electricity generated for ultimate sale and the
7-65     switches, breakers, capacitor banks, regulators, relays, reclosers,
7-66     fuses, interruptors, reactors, arrestors, resistors, insulators,
7-67     instrument transformers, and telemetry units that are related to
7-68     the step-down transformers;
7-69                 (5)  tangible personal property used or consumed in the
 8-1     actual manufacturing, processing, or fabrication of tangible
 8-2     personal property for ultimate sale if the use or consumption of
 8-3     the property is necessary and essential to a pollution control
 8-4     process;
 8-5                 (6)  lubricants, chemicals, chemical compounds, gases,
 8-6     or liquids that are used or consumed during the actual
 8-7     manufacturing, processing, or fabrication of tangible personal
 8-8     property for ultimate sale if their use or consumption is necessary
 8-9     and essential to prevent the decline, failure, lapse, or
8-10     deterioration of equipment exempted by this section;
8-11                 (7)  gases used on the premises of a manufacturing
8-12     plant to prevent contamination of raw material or product, or to
8-13     prevent a fire, explosion, or other hazardous or environmentally
8-14     damaging situation at any stage in the manufacturing process or in
8-15     loading or storage of the product or raw material on premises;
8-16                 (8)  tangible personal property used or consumed during
8-17     the actual manufacturing, processing, or fabrication of tangible
8-18     personal property for ultimate sale if the use or consumption of
8-19     the property is necessary and essential to a quality control
8-20     process that tests tangible personal property that is being
8-21     manufactured, processed, or fabricated for ultimate sale;
8-22                 (9)  safety apparel or work clothing that is used
8-23     during the actual manufacturing, processing, or fabrication of
8-24     tangible personal property for ultimate sale if:
8-25                       (A)  the manufacturing process would not be
8-26     possible without the use of the apparel or clothing; and
8-27                       (B)  the apparel or clothing is not resold to the
8-28     employee;
8-29                 (10)  tangible personal property used or consumed in
8-30     the actual manufacturing, processing, or fabrication of tangible
8-31     personal property for ultimate sale if the use or consumption of
8-32     the property is necessary and essential to comply with federal,
8-33     state, or local laws or rules that establish requirements related
8-34     to public health; and
8-35                 (11)  tangible personal property specifically installed
8-36     to:
8-37                       (A)  reduce water use and wastewater flow volumes
8-38     from the manufacturing, processing, fabrication, or repair
8-39     operation;
8-40                       (B)  reuse and recycle wastewater streams
8-41     generated within the manufacturing, processing, fabrication, or
8-42     repair operation; or
8-43                       (C)  treat wastewater from another industrial or
8-44     municipal source for the purpose of replacing existing freshwater
8-45     sources in the manufacturing, processing, fabrication, or repair
8-46     operation.
8-47           (t)  In addition to the other items exempted under this
8-48     section, pre-press machinery, equipment, and supplies, including
8-49     computers, cameras, photographic props, film, film developing
8-50     chemicals, veloxes, plate-making machinery, plate metal, litho
8-51     negatives, color separation negatives, proofs of color negatives,
8-52     production art work, and typesetting or composition proofs, that
8-53     are necessary and essential to and used in connection with the
8-54     printing process are exempted from the tax imposed by this chapter
8-55     if they are purchased by a person engaged in:
8-56                 (1)  printing or imprinting tangible personal property
8-57     for sale; or
8-58                 (2)  producing a publication for the dissemination of
8-59     news of a general character and of a general interest that is
8-60     printed on newsprint and distributed to the general public free of
8-61     charge at a daily, weekly, or other short interval.
8-62           SECTION 23.  Subchapter H, Chapter 151, Tax Code, is amended
8-63     by adding Section 151.3181 to read as follows:
8-64           Sec. 151.3181.  DIVERGENT USE OF PROPERTY USED IN
8-65     MANUFACTURING.  (a)  In this section:
8-66                 (1)  "Divergent use" means the use of property in a
8-67     manner or for a purpose other than the manner or purpose that
8-68     qualified the sale, lease, rental, use, or other consumption of the
8-69     property for exemption under Section 151.318.
 9-1                 (2)  "Property" means tangible personal property
 9-2     regardless of whether the tangible personal property is permanently
 9-3     affixed to or incorporated into realty after its purchase.
 9-4           (b)  Divergent use of property exempted under Section 151.318
 9-5     will not result in sales and use tax being due on the property if
 9-6     the divergent use occurs after the fourth anniversary of the date
 9-7     the property is purchased.
 9-8           (c)  Except as provided by Subsection (d), divergent use of
 9-9     property exempted under Section 151.318 that occurs during any
9-10     month before the fourth anniversary of the date the property is
9-11     purchased results in sales and use tax being due for that month.
9-12     The amount of the sales and use tax due for a month is equal to
9-13     1/48 of the purchase price of the property multiplied by the
9-14     percentage of divergent use during that month multiplied by the
9-15     sales and use tax rate applicable at the time of purchase.
9-16           (d)  Divergent use of property exempted under Section 151.318
9-17     that occurs during a month before the fourth anniversary of the
9-18     date the property is purchased does not result in sales and use tax
9-19     being due for that month if the percentage of divergent use during
9-20     that month does not exceed five percent of the total use of the
9-21     property that month.
9-22           (e)  The amount of divergent use during a month is:
9-23                 (1)  the total time the property operates for a
9-24     divergent use during a month, measured in hours; or
9-25                 (2)  the total output of the property during divergent
9-26     use during a month, measured in a manner applicable to that
9-27     property.
9-28           (f)  The total use of property is:
9-29                 (1)  the total time the property operates during a
9-30     month, measured in hours; or
9-31                 (2)  the total output of the property during a month,
9-32     measured in a manner applicable to that property.
9-33           (g)  The percentage of divergent use for a month is
9-34     determined by:
9-35                 (1)  dividing the amount of divergent use determined
9-36     under Subsection (e)(1) by the amount of total use of the property
9-37     determined under Subsection (f)(1); or
9-38                 (2)  dividing the amount of divergent use determined
9-39     under Subsection (e)(2) by the amount of total use of the property
9-40     determined under Subsection (f)(2).
9-41           SECTION 24.  Section 151.3185, Tax Code, is amended by adding
9-42     Subsections (e) and (f) to read as follows:
9-43           (e)  The sale of a motion picture, video, or audio master by
9-44     the producer of the master is exempt from the taxes imposed by this
9-45     chapter.
9-46           (f)  Tangible personal property that is sold to an entity to
9-47     which 47 C.F.R. Section 73.624(b) applies is exempt from the taxes
9-48     imposed by this chapter if the property is necessary for the entity
9-49     to comply with 47 C.F.R. Section 73.682(d).
9-50           SECTION 25.  Subsection (b), Section 151.319, Tax Code, is
9-51     amended to read as follows:
9-52           (b)  A transaction involving a sale of a newspaper that has
9-53     been produced, fabricated, or printed to the special order of a
9-54     customer is exempted from the taxes imposed by this chapter if:
9-55                 (1)  the customer is responsible for gathering
9-56     substantially all of the information contained in the newspaper and
9-57     for formulating the design, layout, and format of the newspaper;
9-58     and
9-59                 (2)  the customer would be entitled to the exemption
9-60     provided by Section 151.318(t) [Subsection (d) of this section] if
9-61     the customer had a printing facility capable of processing and
9-62     printing the newspaper and printed and processed the newspaper.
9-63           SECTION 26.  Section 152.002, Tax Code, is amended by adding
9-64     Subsection (e) to read as follows:
9-65           (e)  A person who is a motor vehicle owner, is in the
9-66     business of renting motor vehicles, and holds a permit may deduct
9-67     the fair market value of a replaced motor vehicle that is titled to
9-68     another person if:
9-69                 (1)  either person:
 10-1                      (A)  holds a beneficial ownership interest in the
 10-2    other person of at least 80 percent; or
 10-3                      (B)  acquires all of its vehicles exclusively
 10-4    from franchised dealers whose franchisor shares common ownership
 10-5    with the other person; and
 10-6                (2)  the replaced motor vehicle is offered for sale.
 10-7          SECTION 27.  Section 152.041, Tax Code, is amended by
 10-8    amending Subsections (c) and (d) and adding Subsection (f) to read
 10-9    as follows:
10-10          (c)  Except as provided by Subsection (f) and Section
10-11    152.047, the tax imposed by Section 152.021 [of this code] is due
10-12    on the 20th working day after the date [day that] the motor vehicle
10-13    is delivered to the purchaser.
10-14          (d)  Except as provided by Subsection (f), the [The] tax
10-15    imposed by Section 152.022 [of this code] is due on the 20th
10-16    working day after the date [day that] the motor vehicle is brought
10-17    into this state.
10-18          (f)  The tax imposed by Section 152.021 or 152.022 on a motor
10-19    vehicle designed for commercial use is due on the 20th working day
10-20    after the date the motor vehicle is equipped with a body or other
10-21    equipment that enables the motor vehicle to be eligible to be
10-22    registered under the Transportation Code.
10-23          SECTION 28.  Subsection (a), Section 152.047, Tax Code, is
10-24    amended to read as follows:
10-25          (a)  Except as inconsistent with this chapter and rules
10-26    adopted under this chapter, the seller of a motor vehicle shall
10-27    report and pay the tax imposed on a seller-financed sale to the
10-28    comptroller on the seller's receipts from seller-financed sales in
10-29    the same manner as the sales tax is reported and paid by a retailer
10-30    under Sections 151.401, 151.402, 151.405, 151.406, 151.409,
10-31    151.423, 151.424, and 151.425 [Chapter 151].
10-32          SECTION 29.  Section 152.091, Tax Code, is amended by adding
10-33    Subsection (d) to read as follows:
10-34          (d)  For purposes of this section, a machine is used
10-35    "primarily for timber operations" if the machine is a
10-36    self-propelled motor vehicle that is specially adapted to perform a
10-37    specialized function in the production of timber, including land
10-38    preparation, planting, maintenance, and gathering of trees commonly
10-39    grown for commercial timber.  The term does not include a
10-40    self-propelled motor vehicle used to transport timber or timber
10-41    products.
10-42          SECTION 30.  Subdivision (25), Section 153.001, Tax Code, is
10-43    amended to read as follows:
10-44                (25)  "Supplier" means a person who:
10-45                      (A)  refines, distills, manufactures, produces,
10-46    or blends for sale or distribution diesel fuel in this state;
10-47                      (B)  imports or exports diesel fuel other than in
10-48    the fuel supply tanks of motor vehicles;
10-49                      (C)  sells or delivers diesel fuel in bulk
10-50    quantities to dealers, dyed diesel fuel bonded users, agricultural
10-51    bonded users, bulk users, aviation fuel dealers, or other
10-52    suppliers; or
10-53                      (D)  is engaged in the business of selling or
10-54    delivering diesel fuel in bulk quantities to consumers for
10-55    nonhighway uses.
10-56          SECTION 31.  Subsection (i), Section 153.018, Tax Code, is
10-57    amended to read as follows:
10-58          (i)  Each terminal or bulk plant shall post a notice in a
10-59    conspicuous location proximate to the point of receipt of shipping
10-60    papers that describes the duties of importers and exporters under
10-61    this section.  The comptroller may prescribe the language, type,
10-62    style, and format of the notice.
10-63          SECTION 32.  Subsection (c), Section 153.115, Tax Code, is
10-64    amended to read as follows:
10-65          (c)  A permitted interstate trucker is entitled to deduct
10-66    one-half of one percent of the taxable gallons of gasoline on
10-67    timely payment of the taxes to the state for the expense of
10-68    recordkeeping, reporting, and remitting the tax.
10-69          SECTION 33.  Subsection (a), Section 153.117, Tax Code, is
 11-1    amended to read as follows:
 11-2          (a)  A distributor shall keep:
 11-3                (1)  a record showing the number of gallons of:
 11-4                      (A)  all gasoline inventories on hand at the
 11-5    first of each month;
 11-6                      (B)  all gasoline refined, compounded, or
 11-7    blended;
 11-8                      (C)  all gasoline purchased or received, showing
 11-9    the name of the seller and date of each purchase or receipt;
11-10                      (D)  all gasoline sold, distributed, or used,
11-11    showing the name of the purchaser and the date of the sale or use;
11-12    and
11-13                      (E)  all gasoline lost by fire, theft, or
11-14    accident; and
11-15                (2)  an itemized statement showing by load the number
11-16    of gallons of all gasoline:
11-17                      (A)  received during the preceding calendar month
11-18    for export and the location of the loading;
11-19                      (B)  exported from this state by destination
11-20    state or country; and
11-21                      (C)  imported during the preceding calendar month
11-22    by [destination] state or country of origin.
11-23          SECTION 34.  Subsection (a), Section 153.119, Tax Code, is
11-24    amended to read as follows:
11-25          (a)  A person who exports, sells to the federal government,
11-26    to a public school district in this state, or to a commercial
11-27    transportation company for exclusive use in providing public school
11-28    transportation services to a school district under Section 34.008,
11-29    Education Code, without having added the amount of the tax imposed
11-30    by this chapter to his selling price, loses by fire, theft, or
11-31    accident, or uses gasoline for the purpose of operating or
11-32    propelling a motorboat, tractor used for agricultural purposes, or
11-33    stationary engine, or for another purpose except in a vehicle
11-34    operated or intended to be operated on the public highways of this
11-35    state, and who has paid the tax imposed on gasoline by this chapter
11-36    either directly or indirectly is, when the person has complied with
11-37    the invoice and filing provisions of this section and the rules of
11-38    the comptroller, entitled to reimbursement of the tax paid by him,
11-39    less [a filing fee and] any amount allowed distributors under
11-40    Section 153.105(e) [of this code].  A public school district that
11-41    has paid the tax imposed under this chapter on gasoline used by the
11-42    district or a commercial transportation company that has paid the
11-43    tax imposed under this chapter on gasoline used by the company
11-44    exclusively to provide public school transportation services to a
11-45    school district under Section 34.008, Education Code, is entitled
11-46    to reimbursement of the amount of the tax paid in the same manner
11-47    and subject to the same procedures as other exempted users.
11-48          SECTION 35.  Section 153.122, Tax Code, is amended to read as
11-49    follows:
11-50          Sec. 153.122.  GASOLINE TAX REFUND PAYMENT [AND FILING FEE].
11-51    [(a)]  After examination of the refund claim, the comptroller
11-52    before issuing a refund warrant shall deduct from the amount of the
11-53    refund[:]
11-54                [(1)]  the two percent deducted originally by the
11-55    distributor on the first sale or distribution of the gasoline[; and]
11-56                [(2)  $1.50 as a filing fee.]
11-57          [(b)  The filing fees shall be set aside for the use and
11-58    benefit of the comptroller in the administration and enforcement of
11-59    this section.  All filing fees shall be paid into the state
11-60    treasury and shall be paid out on vouchers and warrants in the
11-61    manner prescribed by law].
11-62          SECTION 36.  Section 153.205, Tax Code, is amended to read as
11-63    follows:
11-64          Sec. 153.205.  STATEMENT FOR PURCHASE OF DIESEL FUEL TAX
11-65    FREE.  (a)  The first sale or use of diesel fuel in this state is
11-66    taxable, except that sales of dyed diesel fuel, or of undyed diesel
11-67    fuel if the fuel will be used for an agricultural nonhighway
11-68    purpose, may be made without collecting the tax if the purchaser
11-69    furnishes to a permitted supplier a signed statement, including an
 12-1    end user number or agricultural [user] exemption number issued by
 12-2    the comptroller.  A person who wants to use a signed statement to
 12-3    purchase dyed diesel fuel must apply to the comptroller for an end
 12-4    user number to be used in conjunction with a signed statement.  A
 12-5    person who wants to use a signed statement to purchase dyed or
 12-6    undyed diesel fuel for an agricultural nonhighway purpose must
 12-7    apply to the comptroller for an agricultural exemption number to be
 12-8    used in conjunction with a signed statement.  A supplier may not
 12-9    make a tax-free sale of any diesel fuel to a purchaser using a
12-10    signed statement unless the purchaser has an end user number or
12-11    agricultural exemption number issued by the comptroller under this
12-12    section [that stipulates that:]
12-13                [(1)  the purchaser does not operate any diesel-powered
12-14    motor vehicles on the public highway;]
12-15                [(2)  all of the diesel fuel will be consumed by the
12-16    purchaser and no diesel fuel purchased on a signed statement will
12-17    be resold; and]
12-18                [(3)  none of the diesel fuel purchased in this state
12-19    will be delivered or permitted by the purchaser to be delivered
12-20    into fuel supply tanks of motor vehicles].
12-21          (b)  A sale of dyed diesel fuel may be made without
12-22    collecting the tax if the purchaser furnishes to a permitted
12-23    supplier a signed statement, including an end user number issued by
12-24    the comptroller, that stipulates that:
12-25                (1)  none of the diesel fuel purchased on the signed
12-26    statement is of a type that may legally be used on the public
12-27    highway;
12-28                (2)  all of the dyed diesel fuel purchased on the
12-29    signed statement will be consumed by the purchaser and will not be
12-30    resold; and
12-31                (3)  none of the dyed diesel fuel purchased on the
12-32    signed statement will be delivered or permitted to be delivered
12-33    into the fuel supply tank of a motor vehicle operated on the public
12-34    highways of this state.
12-35          (c)  A sale of dyed or undyed diesel fuel for an agricultural
12-36    nonhighway use may be made without collecting the tax if the
12-37    purchaser furnishes to a permitted supplier a signed statement,
12-38    including an agricultural exemption number issued by the
12-39    comptroller, that stipulates that:
12-40                (1)  all of the dyed and undyed diesel fuel purchased
12-41    on the signed statement will be used exclusively in agricultural
12-42    nonhighway equipment;
12-43                (2)  all of the dyed and undyed diesel fuel purchased
12-44    on the signed statement will be consumed by the purchaser and will
12-45    not be resold; and
12-46                (3)  none of the dyed or undyed diesel fuel purchased
12-47    on the signed statement will be delivered or permitted to be
12-48    delivered into the fuel supply tank of a motor vehicle operated on
12-49    the public highways of this state.
12-50          (d)  A person may not make a tax-free purchase of any diesel
12-51    fuel under this section using a signed statement:
12-52                (1)  for the purchase of more than 3,000 gallons of
12-53    dyed or undyed diesel fuel in a single transaction or delivery; or
12-54                (2)  in a calendar month in which the person has
12-55    previously purchased more than 10,000 gallons of dyed or undyed
12-56    diesel fuel from all sources.
12-57          (e)  Any gallons purchased in excess of the limitations
12-58    prescribed by Subsection (d) constitute a taxable purchase.  The
12-59    purchaser paying the tax on dyed or undyed diesel fuel in excess of
12-60    the limitations prescribed by Subsection (d) may claim a refund of
12-61    the tax paid on any dyed or undyed diesel fuel used for nonhighway
12-62    purposes under Section 153.222.
12-63          (f)  A supplier may not make a tax-free sale of any diesel
12-64    fuel under this section to a purchaser using a signed statement:
12-65                (1)  for the sale of more than 3,000 gallons of dyed or
12-66    undyed diesel fuel in a single transaction or delivery; or
12-67                (2)  in a calendar month in which the supplier has
12-68    previously sold more than 10,000 gallons of dyed or undyed diesel
12-69    fuel to the purchaser.
 13-1          (g)  Any gallons sold in excess of the limitations prescribed
 13-2    by Subsection (f) constitute a taxable sale.  The purchaser paying
 13-3    the tax on dyed or undyed diesel fuel in excess of the limitations
 13-4    prescribed by Subsection (f) may claim a refund of the tax paid on
 13-5    any dyed or undyed diesel fuel used for nonhighway purposes under
 13-6    Section 153.222.
 13-7          (h) [(c)]  The signed statement and end user number or
 13-8    agricultural [user] exemption number from the purchaser as provided
 13-9    by this section relieves the permitted supplier from the burden of
13-10    proof that the sale of dyed diesel fuel or of undyed diesel fuel
13-11    for an agricultural nonhighway purpose was not taxable to the
13-12    purchaser and remains in effect unless:
13-13                (1)  the statement is revoked in writing by the
13-14    purchaser or supplier; or
13-15                (2)  the comptroller notifies the supplier in writing
13-16    that the purchaser may no longer make tax-free purchases[; or]
13-17                [(3)  the supplier is put on notice by making taxable
13-18    sales of diesel fuel to a purchaser who has previously submitted a
13-19    signed statement to this supplier].
13-20          (i) [(d)  A taxable sale to a person who has previously
13-21    submitted a signed statement creates a rebuttable presumption that
13-22    the supplier had reasonable notice that all subsequent sales should
13-23    have been taxable.]
13-24          [(e)]  A taxable use of any part of the dyed or undyed diesel
13-25    fuel purchased under a signed statement shall, in addition to any
13-26    criminal penalty, forfeit the right of the person to purchase dyed
13-27    or undyed diesel fuel tax free for a period of one year from the
13-28    date of the offense, and any tax, interest, and penalty found to be
13-29    due through false or erroneous execution or continuance of a
13-30    promissory statement by the purchaser, if assessed to the supplier,
13-31    is a debt of the purchaser to the supplier until paid, and is
13-32    recoverable at law in the same manner as the purchase price of the
13-33    fuel.  The person may, however, claim a refund of the tax paid on
13-34    any undyed diesel fuel used for nonhighway purposes under Section
13-35    153.222.
13-36          [(f)  The statement must be signed by the purchaser or his
13-37    representative.]
13-38          [(g)  The comptroller's regulations may allow separate
13-39    operating divisions of corporations to give separate signed
13-40    statements as if they were different legal entities.]
13-41          [(h)  The comptroller may promulgate necessary forms and
13-42    rules to administer and enforce this section.]
13-43          [(i)  A permitted supplier may not make a tax-free sale of
13-44    dyed diesel fuel, or undyed diesel fuel for agricultural purposes,
13-45    to a purchaser using a signed statement:]
13-46                [(1)  for the sale of more than 3,000 gallons of dyed
13-47    or undyed diesel fuel in a single transaction; or]
13-48                [(2)  in a calendar month in which the supplier has
13-49    previously sold more than 10,000 gallons of dyed or undyed diesel
13-50    fuel to the purchaser.]
13-51          [(j)(1)  A sale of dyed diesel fuel, or undyed diesel fuel
13-52    for agricultural purposes, may be made without collecting tax from
13-53    a purchaser who operates one or more motor vehicles on the public
13-54    highway and who furnishes to a permitted supplier a signed
13-55    statement and end user number or agricultural user exemption number
13-56    only as provided in this subsection.]
13-57                [(2)  The statement must stipulate that all the dyed or
13-58    undyed diesel fuel will be consumed by the purchaser for purposes
13-59    other than operating a motor vehicle on the public highway and that
13-60    no dyed or undyed diesel fuel purchased on a signed statement will
13-61    be resold or delivered into the fuel supply tanks of a motor
13-62    vehicle.]
13-63                [(3)  Diesel fuel which may be sold without collection
13-64    of tax under this subsection must be of a type that may not be
13-65    legally used by the purchaser for the operation of a motor vehicle
13-66    on the public highway under state or federal law.]
13-67                [(4)  Subsections (a), (c)(3), and (d) of this section
13-68    do not apply to sales of fuel under this subsection.]
13-69          [(k)  A person who wants to use a signed statement to
 14-1    purchase dyed diesel fuel must apply to the comptroller for an end
 14-2    user number to be used in conjunction with a signed statement.  A
 14-3    person who wants to use a signed statement to purchase dyed or
 14-4    undyed diesel fuel for agricultural purposes must apply to the
 14-5    comptroller for an agricultural user exemption number to be used in
 14-6    conjunction with a signed statement.  A person may not make a
 14-7    tax-free sale of any diesel fuel to a purchaser using a signed
 14-8    statement unless the purchaser has an end user number or
 14-9    agricultural user exemption number issued by the comptroller under
14-10    this subsection.]
14-11          SECTION 37.  Subsections (c) and (i), Section 153.206, Tax
14-12    Code, are amended to read as follows:
14-13          (c)  A dyed diesel fuel bonded user, agricultural bonded
14-14    user, or other user, except a diesel tax prepaid user, shall report
14-15    and pay to the state the tax at the rate imposed on each gallon of
14-16    diesel fuel delivered by him into the fuel supply tanks of a motor
14-17    vehicle, unless the tax has been paid to a permitted supplier or a
14-18    dealer, or, as a diesel tax prepaid user, the tax has been prepaid
14-19    directly to the comptroller.
14-20          (i)  A dyed diesel fuel bonded user, an agricultural bonded
14-21    user, or a permitted interstate trucker is entitled to deduct
14-22    one-half of one percent of the taxable gallons of diesel fuel on
14-23    timely payment of the taxes to this state for the expense of
14-24    recordkeeping, reporting, and remitting the tax.
14-25          SECTION 38.  The heading to Section 153.217, Tax Code, is
14-26    amended to read as follows:
14-27          Sec. 153.217.  LIST OF SUPPLIERS, DYED DIESEL FUEL BONDED
14-28    USERS, AGRICULTURAL BONDED USERS, AVIATION FUEL DEALERS, AND DIESEL
14-29    FUEL JOBBERS.
14-30          SECTION 39.  Subsection (j), Section 153.219, Tax Code, is
14-31    amended to read as follows:
14-32          (j)  A supplier shall keep:
14-33                (1)  an itemized statement showing by load the number
14-34    of gallons of all diesel fuel received during the preceding
14-35    calendar month for export;
14-36                (2)  an itemized statement showing by load the number
14-37    of gallons of all diesel fuel exported from this state by
14-38    destination state or country;
14-39                (3)  an itemized statement showing by load the number
14-40    of gallons of all diesel fuel imported during the preceding
14-41    calendar month by [destination] state or country of origin;
14-42                (4)  an itemized statement differentiating between dyed
14-43    and undyed diesel fuel and showing by purchaser, end user number,
14-44    or agricultural [user] exemption number the number of gallons of
14-45    dyed and undyed diesel fuel sold tax free to a purchaser using a
14-46    signed statement in accordance with Section 153.205; and
14-47                (5)  an itemized statement showing by purchaser and
14-48    permit number the number of gallons of dyed and undyed diesel fuel
14-49    sold tax free to dyed diesel fuel bonded users and agricultural
14-50    bonded users.
14-51          SECTION 40.  Subsections (a) and (c), Section 153.221, Tax
14-52    Code, are amended to read as follows:
14-53          (a)  On or before the 25th day of each month, a supplier, a
14-54    dealer required to collect the tax under Section 153.206(b), or a
14-55    dyed diesel fuel bonded user, agricultural bonded user, or other
14-56    user required to pay the tax under Section 153.206(c) shall file a
14-57    report of diesel fuel transactions or of diesel fuel delivered by a
14-58    dyed diesel fuel bonded user, agricultural bonded user, or other
14-59    user into the fuel tank of a motor vehicle owned or operated by the
14-60    user and such supplements as the comptroller may require and remit
14-61    the amount of tax required to be collected or to be paid during the
14-62    preceding month.  A report must be filed on a form or in a manner
14-63    provided by the comptroller and contain information required by the
14-64    comptroller, showing complete and detailed information of diesel
14-65    fuel transactions or use during the preceding month.  A supplier
14-66    required to file a report under this section who has not sold,
14-67    used, or distributed any diesel fuel during the reporting period
14-68    shall file with the comptroller the report setting forth the facts
14-69    or information.  The failure of a supplier, dealer, or dyed diesel
 15-1    fuel bonded user, agricultural bonded user, or other user to obtain
 15-2    forms or software from the comptroller is no excuse for the failure
 15-3    to file a report.  The report must be executed by the supplier,
 15-4    dealer, or user, or his representative, and is subject to the
 15-5    penalties provided in this chapter.
 15-6          (c)  No report is required to be filed by:
 15-7                (1)  an aviation fuel dealer;
 15-8                (2)  a trip permit user;
 15-9                (3)  a diesel tax prepaid user;
15-10                (4)  a person issuing signed statements; or
15-11                (5)  [a common or contract carrier; or]
15-12                [(6)]  a diesel fuel jobber.
15-13          SECTION 41.  Subsection (a), Section 153.222, Tax Code, is
15-14    amended to read as follows:
15-15          (a)  A dealer or diesel fuel jobber who has paid tax on
15-16    diesel fuel that has been used or sold for use by the dealer or
15-17    diesel fuel jobber for any purpose other than propelling a motor
15-18    vehicle on the public highways of this state or that has been sold
15-19    to the United States or a public school district in this state for
15-20    the exclusive use of the purchaser, or to a commercial
15-21    transportation company for exclusive use in providing public school
15-22    transportation services to a school district under Section 34.008,
15-23    Education Code, without adding the amount of the tax to his selling
15-24    price, and a user who has paid tax on any diesel fuel that has been
15-25    used by him for a purpose other than propelling a motor vehicle on
15-26    the public highways, is a public school district and has paid the
15-27    tax on diesel fuel purchased for its exclusive use, is a commercial
15-28    transportation company and has paid the tax on diesel fuel used by
15-29    the company exclusively to provide public school transportation
15-30    services to a school district under Section 34.008, Education Code,
15-31    or is a person who has paid tax on diesel fuel used in a commercial
15-32    motor vehicle as provided by Section 153.203(10) may file a claim
15-33    for a refund of taxes paid, less the deduction allowed vendors [and
15-34    a filing fee].
15-35          SECTION 42.  Section 153.225, Tax Code, is amended to read as
15-36    follows:
15-37          Sec. 153.225.  DIESEL FUEL TAX REFUND PAYMENTS [AND FILING
15-38    FEE].  [(a)]  After examination and approval of the refund claim,
15-39    the comptroller before issuing a refund warrant shall deduct from
15-40    the amount of the refund payment[:]
15-41                [(1)]  the 2 percent deducted originally by the
15-42    supplier on the sale or delivery of the diesel fuel[; and]
15-43                [(2)  $1.50 as a filing fee.]
15-44          [(b)  The filing fees shall be set aside for the use and
15-45    benefit of the comptroller in the administration and enforcement of
15-46    the provisions of this chapter, and for payment of expenses in
15-47    furnishing the claim forms and other forms.  All filing fees shall
15-48    be paid into the state treasury and shall be paid out on vouchers
15-49    and warrants in the manner prescribed by law].
15-50          SECTION 43.  Subsections (c) and (d), Section 153.308, Tax
15-51    Code, are amended to read as follows:
15-52          (c)  The tax on one percent of the taxable gallons of
15-53    liquefied gas sold in this state shall be allocated to the
15-54    permitted dealer making the sale for the expense of collecting,
15-55    accounting for, reporting, and timely remitting the taxes collected
15-56    and keeping the records.  The allocation allowance shall be
15-57    deducted by the permitted dealers in the payment to the state.
15-58          (d)  The tax of one-half of one percent of the taxable
15-59    gallons of liquefied gas used in this state by persons permitted as
15-60    interstate truckers shall be allocated to the interstate trucker
15-61    making the use of the liquefied gas for the expense of accounting
15-62    for, reporting, and timely remitting the taxes due.
15-63          SECTION 44.  Subsection (c), Section 153.311, Tax Code, is
15-64    amended to read as follows:
15-65          (c)  A permitted interstate trucker is entitled to a refund
15-66    of the amount of the Texas liquefied gas tax paid on each gallon of
15-67    liquefied gas subsequently used outside this state.  On
15-68    verification by the comptroller that the interstate trucker's
15-69    report was timely filed with all information required, the
 16-1    comptroller [he] shall issue a warrant to the interstate trucker
 16-2    for the amount of the refund less the one percent deducted
 16-3    originally by the permitted dealer making the sale [and a filing
 16-4    fee of $1.50].  Failure to file an interstate trucker report by the
 16-5    25th of the month following the end of a calendar quarter forfeits
 16-6    the right to a refund.
 16-7          SECTION 45.  Subdivision (13), Section 154.001, Tax Code, is
 16-8    amended to read as follows:
 16-9                (13)  "Permit holder" means a bonded agent,
16-10    distributor, wholesaler, manufacturer, importer, or retailer
16-11    required to obtain a permit under Section 154.101.
16-12          SECTION 46.  Subsections (a), (b), and (h), Section 154.101,
16-13    Tax Code, are amended to read as follows:
16-14          (a)  A person may not engage in business as a distributor,
16-15    wholesaler, bonded agent, manufacturer, importer, or retailer
16-16    unless the person has applied for and received the applicable
16-17    permit from the comptroller.
16-18          (b)  Each distributor, wholesaler, bonded agent,
16-19    manufacturer, importer, or retailer shall obtain a permit for each
16-20    place of business owned or operated by the distributor, wholesaler,
16-21    bonded agent, manufacturer, importer, or retailer.
16-22          (h)  Permits for engaging in business as a distributor,
16-23    wholesaler, bonded agent, manufacturer, importer, or retailer shall
16-24    be governed exclusively by the provisions of this code.
16-25          SECTION 47.  Subsection (a), Section 154.102, Tax Code, is
16-26    amended to read as follows:
16-27          (a)  The comptroller may issue a combination permit for
16-28    cigarettes and tobacco products to a person who is a distributor,
16-29    wholesaler, bonded agent, manufacturer, importer, or retailer as
16-30    defined by this chapter and Chapter 155 for both cigarettes and
16-31    tobacco products.
16-32          SECTION 48.  Subsection (a), Section 154.110, Tax Code, is
16-33    amended to read as follows:
16-34          (a)  The comptroller shall issue a permit to a distributor,
16-35    wholesaler, bonded agent, manufacturer, importer, or retailer if
16-36    the comptroller:
16-37                (1)  has received an application and fee, if required;
16-38                (2)  believes that the applicant has complied with
16-39    Section 154.101; and
16-40                (3)  determines that issuing the permit will not
16-41    jeopardize the administration and enforcement of this chapter.
16-42          SECTION 49.  Subsection (a), Section 154.501, Tax Code, is
16-43    amended to read as follows:
16-44          (a)  A person violates this chapter if the person:
16-45                (1)  is a distributor, wholesaler, manufacturer,
16-46    importer, bonded agent, manufacturer's representative, or retailer
16-47    and fails to keep records required by this chapter;
16-48                (2)  engages in the business of a bonded agent,
16-49    distributor, wholesaler, manufacturer, importer, or retailer
16-50    without a valid permit;
16-51                (3)  is a distributor, wholesaler, manufacturer,
16-52    importer, bonded agent, or retailer and fails to make a report or
16-53    makes a false or incomplete report or application required by this
16-54    chapter to the comptroller; or
16-55                (4)  is a person affected by this chapter and fails or
16-56    refuses to abide by or violates a provision of this chapter or a
16-57    rule adopted by the comptroller under this chapter.
16-58          SECTION 50.  Subdivision (11), Section 155.001, Tax Code, is
16-59    amended to read as follows:   
16-60                (11)  "Permit holder" means a bonded agent,
16-61    distributor, wholesaler, manufacturer, importer, or retailer
16-62    required to obtain a permit under Section 155.041.
16-63          SECTION 51.  Subsections (a), (b), and (h), Section 155.041,
16-64    Tax Code, are amended to read as follows:
16-65          (a)  A person may not engage in business as a distributor,
16-66    wholesaler, bonded agent, manufacturer, importer, or retailer
16-67    unless the person has applied for and received the applicable
16-68    permit from the comptroller.
16-69          (b)  Each distributor, wholesaler, bonded agent,
 17-1    manufacturer, importer, or retailer shall obtain a permit for each
 17-2    place of business owned or operated by the distributor, wholesaler,
 17-3    bonded agent, manufacturer, importer, or retailer.
 17-4          (h)  Permits for engaging in business as a distributor,
 17-5    wholesaler, bonded agent, manufacturer, importer, or retailer shall
 17-6    be governed exclusively by the provisions of this code.
 17-7          SECTION 52.  Subsection (a), Section 155.048, Tax Code, is
 17-8    amended to read as follows:
 17-9          (a)  The comptroller shall issue a permit to a distributor,
17-10    wholesaler, bonded agent, manufacturer, importer, or retailer if
17-11    the comptroller:
17-12                (1)  has received an application and fee, if required;
17-13                (2)  does not reject the application and deny the
17-14    permit under Section 155.0481; and
17-15                (3)  determines that issuing the permit will not
17-16    jeopardize the administration and enforcement of this chapter.
17-17          SECTION 53.  Section 155.111, Tax Code, is amended by adding
17-18    Subsection (d) to read as follows:
17-19          (d)  If more than 50 percent of all untaxed tobacco products
17-20    received by the distributor in this state are actually sold outside
17-21    of this state, the distributor shall include in the report only
17-22    tobacco products that are sold in this state.
17-23          SECTION 54.  Subsection (a), Section 155.201, Tax Code, is
17-24    amended to read as follows:
17-25          (a)  A person violates this chapter if the person:
17-26                (1)  is a distributor, wholesaler, manufacturer,
17-27    importer, bonded agent, manufacturer's representative, or retailer
17-28    and fails to keep records required by this chapter;
17-29                (2)  engages in the business of a bonded agent,
17-30    distributor, wholesaler, manufacturer, importer, or retailer
17-31    without a valid permit;
17-32                (3)  is a distributor, wholesaler, manufacturer,
17-33    importer, bonded agent, or retailer and fails to make a report
17-34    required by this chapter to the comptroller or makes a false or
17-35    incomplete report or application required by this chapter to the
17-36    comptroller; or
17-37                (4)  is a person affected by this chapter and fails or
17-38    refuses to abide by or violates a provision of this chapter or a
17-39    rule adopted by the comptroller under this chapter.
17-40          SECTION 55.  Section 171.1032, Tax Code, is amended by
17-41    amending Subsection (a) and adding Subsection (c) to read as
17-42    follows:
17-43          (a)  Except for the gross receipts of a corporation that are
17-44    subject to the provisions of Section 171.1061, in apportioning
17-45    taxable earned surplus, the gross receipts of a corporation from
17-46    its business done in this state is the sum of the corporation's
17-47    receipts from:
17-48                (1)  each sale of tangible personal property if the
17-49    property is delivered or shipped to a buyer in this state
17-50    regardless of the FOB point or another condition of the sale, and
17-51    each sale of tangible personal property shipped from this state to
17-52    a purchaser in another state in which the seller is not subject to
17-53    any tax on, or measured by, net income, without regard to whether
17-54    the tax is imposed;
17-55                (2)  each service performed in this state;
17-56                (3)  each rental of property situated in this state;
17-57                (4)  the use of a patent, copyright, trademark,
17-58    franchise, or license in this state;
17-59                (5)  each sale of real property located in this state,
17-60    including royalties from oil, gas, or other mineral interests;
17-61    [and]
17-62                (6)  each partnership or joint venture to the extent
17-63    provided by Subsection (c); and
17-64                (7)  other business done in this state.
17-65          (c)  A corporation shall include in its gross receipts
17-66    computed under Subsection (a) the corporation's share of the gross
17-67    receipts of each partnership and joint venture of which the
17-68    corporation is a part apportioned to this state as though the
17-69    corporation directly earned the receipts, including receipts from
 18-1    business done with the corporation.
 18-2          SECTION 56.  Section 171.1051, Tax Code, is amended by
 18-3    amending Subsection (a) and adding Subsection (d) to read as
 18-4    follows:
 18-5          (a)  Except for the gross receipts of a corporation that are
 18-6    subject to the provisions of Section 171.1061, in apportioning
 18-7    taxable earned surplus, the gross receipts of a corporation from
 18-8    its entire business is the sum of the corporation's receipts from:
 18-9                (1)  each sale of the corporation's tangible personal
18-10    property;
18-11                (2)  each service, rental, or royalty; [and]
18-12                (3)  each partnership and joint venture as provided by
18-13    Subsection (d); and
18-14                (4)  other business.
18-15          (d)  A corporation shall include in its gross receipts
18-16    computed under Subsection (a) the corporation's share of the gross
18-17    receipts of each partnership and joint venture of which the
18-18    corporation is a part.
18-19          SECTION 57.  Section 171.106, Tax Code, is amended by adding
18-20    Subsection (h) to read as follows:
18-21          (h)  A banking corporation shall exclude from the numerator
18-22    of the bank's apportionment factor interest earned on federal funds
18-23    and interest earned on securities sold under an agreement to
18-24    repurchase that are held in this state in a correspondent bank that
18-25    is domiciled in this state.  In this subsection, "correspondent"
18-26    has the meaning assigned by 12 C.F.R. Section 206.2(c).
18-27          SECTION 58.  Section 171.109, Tax Code, is amended by adding
18-28    Subsection (n) to read as follows:
18-29          (n)  A corporation must use the equity method of accounting
18-30    when reporting an investment in a partnership or joint venture.
18-31          SECTION 59.  Section 171.1121, Tax Code, is amended by adding
18-32    Subsection (e) to read as follows:
18-33          (e)  A corporation's share of a partnership's gross receipts
18-34    that is included in the corporation's federal taxable income must
18-35    be used in computing the corporation's gross receipts under this
18-36    section.  Unless otherwise provided by this chapter, a corporation
18-37    may not deduct costs incurred from the corporation's share of a
18-38    partnership's gross receipts.  The gross receipts must be
18-39    apportioned as though the corporation directly earned them.
18-40          SECTION 60.  Subsection (b), Section 171.260, Tax Code, is
18-41    amended to read as follows:
18-42          (b)  The savings and loan commissioner shall appoint a
18-43    conservator under Subtitle B or C, Title 3, Finance Code, to pay
18-44    the franchise tax of a savings and loan association [corporation]
18-45    that is organized under the laws of this state and that the
18-46    commissioner certifies as being delinquent in the payment of the
18-47    association's [corporation's] franchise tax.
18-48          SECTION 61.  Subsection (d), Section 171.501, Tax Code, is
18-49    amended to read as follows:
18-50          (d)  The amount of a refund under this section is the lesser
18-51    of $5,000 or 25 percent of the amount of franchise tax due [taxes
18-52    paid] for any one privilege period before any other applicable
18-53    credits.  For purposes of this subsection, the initial and second
18-54    periods are considered to be the same privilege period.
18-55          SECTION 62.  Section 171.655, Tax Code, is amended to read as
18-56    follows:
18-57          Sec. 171.655.  LIMITATION.  The credit claimed for each
18-58    privilege period may not exceed 50 percent of the amount of [net]
18-59    franchise tax due for the privilege period before [after] any other
18-60    applicable tax credits.
18-61          SECTION 63.  Section 171.685, Tax Code, is amended to read as
18-62    follows:
18-63          Sec. 171.685.  LIMITATION.  The total credits claimed under
18-64    this subchapter for a privilege period may not exceed 50 percent of
18-65    the amount of [net] franchise tax due for the privilege period
18-66    before [after] any other applicable tax credits.
18-67          SECTION 64.  Subsection (b), Section 171.705, Tax Code, is
18-68    amended to read as follows:
18-69          (b)  A corporation may not claim a credit in an amount that
 19-1    exceeds 90 percent of the amount of tax due for the report before
 19-2    any other applicable credits.
 19-3          SECTION 65.  Section 171.753, Tax Code, is amended to read as
 19-4    follows:
 19-5          Sec. 171.753.  CALCULATION OF CREDIT.  A corporation may
 19-6    establish a credit equal to five [25] percent of the total wages
 19-7    and salaries paid by the corporation for qualifying jobs during the
 19-8    period upon which the tax is based.
 19-9          SECTION 66.  Section 171.754, Tax Code, is amended to read as
19-10    follows:
19-11          Sec. 171.754.  LENGTH OF CREDIT.  The credit established
19-12    shall be established on [claimed in five equal installments of
19-13    one-fifth the credit amount over the] five consecutive reports
19-14    beginning with the report based upon the period during which the
19-15    qualifying jobs were created.
19-16          SECTION 67.  Section 171.756, Tax Code, is amended to read as
19-17    follows:
19-18          Sec. 171.756.  CARRYFORWARD.  (a)  If a corporation is
19-19    eligible for a credit [from an installment] that exceeds the
19-20    limitations under Section 171.755(a) or (b), the corporation may
19-21    carry the unused credit forward for not more than five consecutive
19-22    reports.
19-23          (b)  A carryforward is considered the remaining portion of a
19-24    credit [an installment] that cannot be claimed in the current year
19-25    because of the tax limitation under Section 171.755.  A
19-26    carryforward is added to the next year's [installment of the]
19-27    credit in determining the tax limitation for that year.  A credit
19-28    carryforward from a previous report is considered to be utilized
19-29    before the current year credit [installment].
19-30          SECTION 68.  Section 171.831, Tax Code, is amended to read as
19-31    follows:
19-32          Sec. 171.831.  DEFINITION.  In this subchapter, "school-age
19-33    child care" means care provided before or [and] after school and
19-34    during the summer and holidays for children who are at least five
19-35    years of age but younger than 14 years of age.
19-36          SECTION 69.  Subsection (c), Section 171.834, Tax Code, is
19-37    amended to read as follows:
19-38          (c)  A corporation may not claim a credit in an amount that
19-39    exceeds 50 percent of the amount of [net] franchise tax due, before
19-40    [after] applying any other credits, for the reporting period.
19-41          SECTION 70.  Chapter 171, Tax Code, is amended by adding
19-42    Subchapter S to read as follows:
19-43                     SUBCHAPTER S.  CREDITS LIMITATION
19-44          Sec. 171.851.  LIMITATION.  The total credits claimed under
19-45    this chapter for a report, including the amount of any carryforward
19-46    credits, may not exceed the amount of franchise tax due for the
19-47    report.
19-48          SECTION 71.  Section 211.055, Tax Code, is amended to read as
19-49    follows:
19-50          Sec. 211.055.  MAXIMUM TAX.  The amount of tax imposed by
19-51    this chapter may not exceed the amount of the tax imposed under
19-52    Section 2001, Internal Revenue Code, reduced by the unified credit
19-53    provided under Section 2010, Internal Revenue Code [taxes imposed
19-54    by this chapter, when added to the federal tax as finally assessed
19-55    and determined, may not exceed the amount of the federal tax which,
19-56    without application of this chapter and the federal credit and the
19-57    generation-skipping transfer tax credit to which it refers, would
19-58    otherwise be payable to the federal government under Subtitle B,
19-59    Chapters 11 and 13, Internal Revenue Code].
19-60          SECTION 72.  Subchapter D, Chapter 321, Tax Code, is amended
19-61    by adding Section 321.312 to read as follows:
19-62          Sec. 321.312.  RETENTION OF CERTAIN MUNICIPAL SALES TAXES.  A
19-63    municipality that holds a sales and use tax permit issued by the
19-64    comptroller and that imposes a sales and use tax may retain the
19-65    portion of the tax that the municipality collects and that
19-66    constitutes the municipality's own tax.  The municipality shall
19-67    remit to the comptroller all other applicable local sales and use
19-68    taxes and the state sales and use tax.
19-69          SECTION 73.  Subchapter D, Chapter 322, Tax Code, is amended
 20-1    by adding Section 322.306 to read as follows:
 20-2          Sec. 322.306.  RETENTION OF CERTAIN SPECIAL PURPOSE DISTRICT
 20-3    SALES TAXES.  A taxing entity that holds a sales and use tax permit
 20-4    issued by the comptroller and that imposes a sales and use tax may
 20-5    retain the portion of the tax that the taxing entity collects and
 20-6    that constitutes the entity's own tax.  The taxing entity shall
 20-7    remit to the comptroller all other applicable local sales and use
 20-8    taxes and the state sales and use tax.
 20-9          SECTION 74.  Subchapter D, Chapter 323, Tax Code, is amended
20-10    by adding Section 323.312 to read as follows:
20-11          Sec. 323.312.  RETENTION OF CERTAIN COUNTY SALES TAXES.  A
20-12    county that holds a sales and use tax permit issued by the
20-13    comptroller and that imposes a sales and use tax may retain the
20-14    portion of the tax that the county collects and that constitutes
20-15    the county's own tax.  The county shall remit to the comptroller
20-16    all other applicable local sales and use taxes and the state sales
20-17    and use tax.
20-18          SECTION 75.  Subsection (a), Section 311.045, Health and
20-19    Safety Code, is amended to read as follows:
20-20          (a)  A nonprofit hospital or hospital system shall annually
20-21    satisfy the requirements of this subchapter and of Sections
20-22    11.18(d)(1), 151.310(a)(2) and (e), and 171.063(a)(1), Tax Code, to
20-23    provide community benefits which include charity care and
20-24    government-sponsored indigent health care by complying with one or
20-25    more of the standards set forth in Subsection (b).  The hospital or
20-26    hospital system shall file a statement with the Bureau of State
20-27    Health Data and Policy Analysis at the department and[, with] the
20-28    chief appraiser of the local appraisal district[, and with the
20-29    comptroller's office] no later than the 120th day after the
20-30    hospital's or hospital system's fiscal year ends, stating which of
20-31    the standards in Subsection (b) have been satisfied, provided,
20-32    however, that the first report shall be filed no later than the
20-33    120th day after the end of the hospital's or hospital system's
20-34    fiscal year ending during 1994.  For hospitals in a hospital
20-35    system, the corporate parent may elect to satisfy the charity care
20-36    requirements of this subchapter for each of the hospitals within
20-37    the system on a consolidated basis.
20-38          SECTION 76.  Section 74.402, Property Code, is amended to
20-39    read as follows:
20-40          Sec. 74.402.  NOTICE OF SALE.  Before the 21st day preceding
20-41    the day on which a public sale is held under Section 74.401, the
20-42    comptroller shall publish notice of the sale in a newspaper of
20-43    general circulation in Travis County or in the county where the
20-44    sale is to be held.  If the public sale is to be held on the
20-45    Internet or by an online auction, the comptroller may post the
20-46    notice on the comptroller's own website before the seventh day
20-47    preceding the date on which the sale or auction is held.
20-48          SECTION 77.  Subsection (a), Section 451.616, Transportation
20-49    Code, is amended to read as follows:
20-50          (a)  A unit of election that has withdrawn from an authority
20-51    [The comptroller] shall remit to the [withhold from the amount of
20-52    sales and use tax revenue refunded to a unit of election that has
20-53    withdrawn from an] authority one-half of the difference between the
20-54    cost of providing services to persons with disabilities in the unit
20-55    of election and the fares charged during the period in which the
20-56    sales and use tax was collected [and remit this amount to the
20-57    authority providing the services].
20-58          SECTION 78.  Subsection (e), Section 11.011, Texas Racing Act
20-59    (Article 179e, Vernon's Texas Civil Statutes), is amended to read
20-60    as follows:
20-61          (e)  The racetrack where the wager is made is responsible for
20-62    reporting and remitting the state's share of the pari-mutuel pool.
20-63    [If intrastate wagering pools are combined between tracks, the
20-64    track where the race originates is responsible for the state's
20-65    share of the pari-mutuel pool regardless of whether a shortage or
20-66    error occurred at the originating track or receiving track.]
20-67          SECTION 79.  Section 1, Article 6550c-1, Revised Statutes, is
20-68    amended by amending Subdivision (6) and adding Subdivision (7) to
20-69    read as follows:
 21-1                (6)  "District property" means all property the
 21-2    district owns or leases under a long-term lease.
 21-3                (7)  "System" means all of the commuter rail and
 21-4    intermodal facilities leased or owned by or operated on behalf of a
 21-5    district created under this article.
 21-6          SECTION 80.  Section 9, Article 6550c-1, Revised Statutes, is
 21-7    amended to read as follows:
 21-8          Sec. 9.  SALES AND USE TAXES.  (a)  A [district shall collect
 21-9    or cause to be collected] sales and use tax is imposed [taxes] on
21-10    items sold on district property.  The sales and use tax shall be
21-11    imposed [collected] at the rate of the highest combination of
21-12    [state and] local sales and use taxes imposed at the time of the
21-13    district's creation in any local governmental jurisdiction which is
21-14    a member of a district.  The [After deducting the state share of
21-15    sales and use taxes, the] comptroller shall remit to a district the
21-16    local sales and use tax collected on the district's property.  All
21-17    other local sales and use taxes that would otherwise be imposed on
21-18    district property are preempted by the imposition of this tax.
21-19          (b)  The comptroller shall administer, collect, and enforce a
21-20    tax imposed under this Act.  Chapter 321, Tax Code, governs the
21-21    computation, administration, governance, and use of the tax except
21-22    as inconsistent with this Act.
21-23          (c)  The district shall notify the comptroller in writing by
21-24    United States registered or certified mail of the district's
21-25    creation and of its intent to impose the sales and use tax under
21-26    this Act.  The district shall provide to the comptroller all
21-27    information required to implement the tax, including:
21-28                (1)  an adequate map showing the property boundaries of
21-29    the district;
21-30                (2)  a certified copy of the resolution of the district
21-31    board adopting the tax; and
21-32                (3)  certified copies of the resolutions of the
21-33    governing bodies of the municipalities creating the district and of
21-34    the commissioners courts in the counties in which the
21-35    municipalities are located.
21-36          (d)  Not later than the 30th day after the date the
21-37    comptroller receives the notice, map, and other information, the
21-38    comptroller shall inform the district whether the comptroller is
21-39    prepared to administer the tax.
21-40          (e)  At the same time the district notifies the comptroller
21-41    under Subsection (c) of this section, the district shall notify
21-42    each affected local governmental jurisdiction of the district's
21-43    creation and provide each jurisdiction with an adequate map showing
21-44    the property boundaries of the district.
21-45          (f)  Not later than the 30th day after the date the district
21-46    acquires additional territory, the district shall notify the
21-47    comptroller and each affected local governmental jurisdiction of
21-48    the acquisition.  The district must include with each notification
21-49    an adequate map showing the new property boundaries of the district
21-50    and the date the additional territory was acquired.  Not later than
21-51    the 30th day after the date the comptroller receives the notice
21-52    under this subsection, the comptroller shall inform the district
21-53    whether the comptroller is prepared to administer the tax in the
21-54    additional territory.
21-55          (g)  A tax imposed under this Act or the repeal of a tax
21-56    abolished under this Act takes effect on the first day of the first
21-57    complete calendar quarter that occurs after the expiration of the
21-58    first complete calendar quarter that occurs after the date the
21-59    comptroller receives a notice of the action as required by this
21-60    section.
21-61          SECTION 81.  The following provisions of the Tax Code are
21-62    repealed:
21-63                (1)  Subsections (d) and (e), Section 151.319;
21-64                (2)  Subsections (c) and (d), Section 171.757; and
21-65                (3)  Subsection (b), Section 201.052.
21-66          SECTION 82.  Each change in law made by this Act to the
21-67    following provisions is a clarification of existing law and does
21-68    not imply that existing law may be construed as inconsistent with
21-69    the law as amended by this Act:
 22-1                (1)  Subsection (b), Section 111.0081, Tax Code;
 22-2                (2)  Subsection (a), Section 151.007, Tax Code;
 22-3                (3)  Section 151.010, Tax Code;
 22-4                (4)  Section 151.057, Tax Code;
 22-5                (5)  Subsection (b), Section 151.257, Tax Code;
 22-6                (6)  Subsection (a), Section 151.308, Tax Code;
 22-7                (7)  Section 151.310, Tax Code;
 22-8                (8)  Section 151.313, Tax Code;
 22-9                (9)  Subsection (a), Section 151.317, Tax Code;
22-10                (10)  Subsections (a) and (t), Section 151.318, Tax
22-11    Code;
22-12                (11)  Subsection (e), Section 151.3185, Tax Code;
22-13                (12)  Subsection (b), Section 151.319, Tax Code;
22-14                (13)  Subsection (a), Section 152.047, Tax Code;
22-15                (14)  Subsection (d), Section 152.091, Tax Code;
22-16                (15)  Subdivision (25), Section 153.001, Tax Code;
22-17                (16)  Subsection (i), Section 153.018, Tax Code;
22-18                (17)  Subsection (a), Section 153.117, Tax Code;
22-19                (18)  Section 153.205, Tax Code;
22-20                (19)  Subsection (c), Section 153.206, Tax Code;
22-21                (20)  Subsection (j), Section 153.219, Tax Code;
22-22                (21)  Subsections (a) and (c), Section 153.221, Tax
22-23    Code;
22-24                (22)  Subdivision (13), Section 154.001, Tax Code;
22-25                (23)  Subsections (a), (b), and (h), Section 154.101,
22-26    Tax Code;
22-27                (24)  Subsection (a), Section 154.102, Tax Code;
22-28                (25)  Subsection (a), Section 154.110, Tax Code;
22-29                (26)  Subsection (a), Section 154.501, Tax Code;
22-30                (27)  Subdivision (11), Section 155.001, Tax Code;
22-31                (28)  Subsections (a), (b), and (h), Section 155.041,
22-32    Tax Code;
22-33                (29)  Subsection (a), Section 155.048, Tax Code;
22-34                (30)  Subsection (a), Section 155.201, Tax Code;
22-35                (31)  Subsections (a) and (c), Section 171.1032, Tax
22-36    Code;
22-37                (32)  Subsections (a) and (d), Section 171.1051, Tax
22-38    Code;
22-39                (33)  Subsection (e), Section 171.1121, Tax Code;
22-40                (34)  Subsection (b), Section 171.260, Tax Code;
22-41                (35)  Section 171.831, Tax Code; and
22-42                (36)  Subchapter S, Chapter 171, Tax Code.
22-43          SECTION 83.  (a)  The changes to Subsection (b), Section
22-44    326.023, Local Government Code, made by Section 2 of this Act apply
22-45    only to a petition filed with a commissioners court on or after the
22-46    effective date of that section.  A petition filed before that date
22-47    is governed by the law in effect on the date the petition is filed,
22-48    and that law is continued in effect for that purpose.
22-49          (b)  The changes to Section 326.029, Local Government Code,
22-50    made by Section 3 of this Act apply only to an order issued on or
22-51    after the effective date of that section.  An order issued before
22-52    that date is governed by the law in effect on the date the order is
22-53    issued, and that law is continued in effect for that purpose.
22-54          SECTION 84.  The comptroller of public accounts may adopt
22-55    rules and take other actions before October 1, 2001, as the
22-56    comptroller considers necessary or advisable to prepare for this
22-57    Act to take effect.
22-58          SECTION 85.  (a)  Except as otherwise provided by this
22-59    section, this Act takes effect September 1, 2001.
22-60          (b)  Sections 12, 13, 14, 15, 17 through 26, 29 through 54,
22-61    72 through 74, and 78 of this Act, and Subdivisions (1) and (3),
22-62    Section 81 of this Act, take effect October 1, 2001.
22-63          (c)  Sections 55 through 70 of this Act and Subdivision (2),
22-64    Section 81 of this Act, take effect January 1, 2002, and apply to a
22-65    report originally due on or after that date.
22-66                                 * * * * *