78S40751 CBH-D

By:  Chavez                                                     H.J.R. No. 12 



A JOINT RESOLUTION

proposing a constitutional amendment prohibiting the taxation of 
the sale or use of certain food, drinks, medicine, and child-care 
services.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article VIII, Texas Constitution, is amended by 
adding Section 25 to read as follows:
	Sec. 25.  The legislature may not enact a general law that 
would impose a state tax on the sale or use of:
		(1)  food or a drink that was not subject to taxation 
under Chapter 151, Tax Code, on January 1, 2004;
		(2)  a medicine that was not subject to taxation under 
Chapter 151, Tax Code, on January 1, 2004; or
		(3)  a child-care service that was not subject to 
taxation under Chapter 151, Tax Code, on January 1, 2004.
	SECTION 2.  The following temporary provision is added to 
the Texas Constitution:
	TEMPORARY PROVISION.  (a)  This temporary provision applies 
to the constitutional amendment proposed by the 78th Legislature, 
4th Called Session, 2004, prohibiting the taxation of the sale or 
use of certain food, drinks, medicine, and child-care services, and 
expires December 31, 2006.
	(b)  If the 78th Legislature, during the 4th Called Session 
or a later special session, enacts a general law prohibited by 
Section 25, Article VIII, of this constitution, the portion of the 
general law that violates that section expires January 1, 2005.
	SECTION 3.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 2, 2004.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment prohibiting the  
taxation of the sale or use of certain food, drinks, medicine, and 
child-care services."