SRC-TJG C.S.S.B. 823 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 823
78R13998 CBH-FBy: Fraser
Finance
5/9/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, tax laws vary from state to state and even among local
governments within the same state.  Some states require consumers to pay
use taxes on items they purchase outside of the state, but use in the
state.  States have no means of enforcing these use laws for individual
consumers. C.S.S.B. 823 updates sales and use tax laws to be in compliance
with the streamlined sales tax model act.  This bill also changes the
sourcing rule for municipalities from origin to destination, updates the
sales tax holiday provision, and complies with governance provisions. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the comptroller of public
accounts in SECTION 3 (Section 142.0055, Tax Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 142.002, Tax Code, by amending Subdivisions
(1), (2), (3), (4), and (6) and adding Subdivisions (3-a), (3-b), and
(3-c), to redefine "agreement," "certified automated system," "certified
service product," "sales tax," and "use tax" and define "Model 1 seller,"
" Model 2 seller," and "Model 3 seller." 

SECTION 2.  Amends Section 142.005, Tax Code, by adding Subsection (c), to
authorize the comptroller of public accounts (comptroller) to enter into
the Streamlined Sales and Use Tax Agreement (agreement) on behalf of this
state if certain officials unanimously agree that it would be in the
state's best interest to be a signatory to the agreement. 

SECTION 3.  Amends Chapter 142, Tax Code, by adding Section 142.0055, as
follows: 

Sec. 142.0055.  RULES.  Authorizes the comptroller to adopt rules relating
to the administration and collection of the sales and use tax as necessary
to comply with the agreement, including rules establishing the
requirements for a seller to be a Model 1 seller, Model 2 seller, or Model
3 seller. 

SECTION 4.  Amends Chapter 142, Tax Code, by adding Section 142.011, as
follows: 

Sec. 142.011.  SETTLEMENT OF TAX, PENALTY, AND INTEREST.  Authorizes the
comptroller to settle a claim for tax, penalty, or interest on tax imposed
by Chapter 151 if necessary for the comptroller to comply with the terms
of the agreement, on or after the later of the date on which the agreement
takes effect as provided by the terms of the agreement or this state
becomes a signatory to the agreement. 

SECTION 5.  Amends Subchapter A, Chapter 151, Tax Code, by adding Section
151.012, as follows: 

Sec. 151.012.  EFFECTIVE DATE OF TAX RATE CHANGES.  (a) Requires a change
in the rate of the tax imposed under Sections 151.051 and 151.101 to take
effect on the first day of a calender quarter. 

(b) Provides that if the performance of a taxable service begins before
the  effective date of a change in the tax rate and the performance will
not be completed until after that effective date, the change in the tax
rate applies to the first billing period for the services performed on or
after that effective date. 

SECTION 6.  Amends Section 151.103, Tax Code, by adding Subsection (d), to
require a retailer who holds a sales tax permit issued by the comptroller
under this chapter to collect any applicable local use tax that is due
from a purchaser even if the retailer is not engaged in business in the
local jurisdiction into which the taxable item is shipped or delivered. 

SECTION 7.  Amends Section 151.152(b), Tax Code, to require a resale
certificate to be signed by the purchaser or contain an electronic form of
the purchaser's signature authorized by the comptroller and contain the
purchaser's name and address.  

SECTION 8.  Amends Section 151.202, Tax Code, by adding Subsection (c), to
require a person desiring to be a seller in this state to agree to collect
any applicable local use tax that may be imposed by a local jurisdiction
even if the seller is not engaged in business in the local jurisdiction
into which the taxable item is shipped or delivered. 

SECTION 9.  Amends Section 151.314, Tax Code, by amending Subsections (c),
(e), (f), and (g) and adding Subsections (c-1), (c-2), and (c-3), as
follows: 

(c) Includes drugs, dietary supplements, and carbonated and noncarbonated
packaged soft drinks, which are nonalcoholic beverages that contain
natural or artificial sweeteners, ice, and candy to the list of items not
included in the definitions of "food product."  Deletes existing text
relating to diluted juices and certain foods and drinks sold for immediate
consumption.  Makes nonsubstantive changes. 

(c-1) Provides that diluted juice that is more than 50 percent vegetable
or fruit juice by volume is not considered to be a soft drink, for
purposes of this section. 

(c-2) Provides that the exemption provided by Subsection (a) does not
include certain prepared food. 

(c-3) Provides that the exemption provided by Subsection (a) includes
certain foods. 

(e) Provides that soft drinks, rather than carbonated beverages and
diluted juices, are exempted from the taxes imposed by this chapter if
sold under certain conditions. 

(f) Provides that the exemption provided by this section, rather than
Subsections (a), (b), and (c) of this section, does not apply to the sale
of food products through the use or operation of a vending machine for
which the receipts or sales prices are determined by, rather than price
for which are taxed subject to, Section 151.007(d).  Deletes existing text
relating to this section not applying to the sale of edible products for
human consumption. 

(g) Makes a conforming change.

SECTION 10.  Amends Section 151.317(a), Tax Code, to provide that gas and
electricity are exempted from the taxes imposed by this chapter when sold
for certain uses, other than preparation or storage of prepared food
described by Section 151.314(d), rather than food for immediate
consumption.  Makes a conforming change. 

SECTION 11.  Amends Section 151.317(c), Tax Code, as amended by Chapters
631 and 1467, Acts of the 76th Legislature, Regular Session, 1999, is
reenacted to define "residential use." 

SECTION 12.  Amends Section 321.003, Tax Code, to make a conforming change.

SECTION 13.  Amends Section 321.203, Tax Code, by amending Subsections
(b), (c), (d), (e), and (g) and adding Subsections (g-1), (g-2), (g-3),
and (1), as follows: 

 
(b) Provides that if a retailer has only one place of business in this
state, all of the retailer's retail sales of tangible personal property
are consummated at that place of business except as provided by Subsection
(e). 

(c) Provides that if a retailer has more than one place of business in
this state, a sale of tangible personal property, rather than a taxable
item, by the retailer is consummated at the retailer's place of business
which meets certain conditions. 

(d)-(e) Make conforming changes.

(g) Deletes existing text relating to the of the consummation of the sale
of telecommunications services. 

(g-1) Provides that the sale of telecommunications services sold based on
a price that is measured by individual calls is consummated at the
location where the call originates and terminates or the location where
the call either originates or terminates and at which the service address
is also located. 

(g-2) Provides that the sale of telecommunications services sold on a
basis other than on a call-by-call basis is consummated at the location of
the customer's place of primary use, except as provided by Subsection
(g-3).  Defines "place of primary use." 

(g-3) Provides that a sale of post-paid calling services is consummated at
the location of the original point of the telecommunications signal as
first identified by the seller's telecommunications system or by
information received by the seller from the seller's service provider if
the system used to transport the signal is not that of the seller. 

(1) Provides that except as otherwise provided by this section, the sale
of a taxable service is consummated at the location at which the service
is performed or otherwise delivered.  

SECTION 14.  Amends Section 323.003, Tax Code, to make a conforming change.

SECTION 15.  Amends Section 321.203, Tax Code, by amending Subsections
(b), (c), (d), (e), and (g) and adding Subsections (g-1), (g-2), (g-3),
and (1), as follows: 

(b) Provides that if a retailer has only one place of business in this
state, all of the retailer's retail sales of tangible personal property
are consummated at that place of business except as provided by Subsection
(e). 

(c) Provides that if a retailer has more than one place of business in
this state, a sale of tangible personal property, rather than a taxable
item, by the retailer is consummated at the retailer's place of business
which meets certain conditions. 

(d)-(e) Make conforming changes.

(g) Deletes existing text relating to the of the consummation of the sale
of telecommunications services. 

(g-1) Provides that the sale of telecommunications services sold based on
a price that is measured by individual calls is consummated at the
location where the call originates and terminates or the location where
the call either originates or terminates and at which the service address
is also located. 

(g-2) Provides that the sale of telecommunications services sold on a
basis other than on a call-by-call basis is consummated at the location of
the customer's place of primary use, except as provided by Subsection
(g-3).  Defines "place of primary use." 

(g-3) Provides that a sale of post-paid calling services is consummated at
the location of  the original point of the telecommunications signal as
first identified by the seller's telecommunications system or by
information received by the seller from the seller's service provider if
the system used to transport the signal is not that of the seller. 

(1) Provides that except as otherwise provided by this section, the sale
of a taxable service is consummated at the location at which the service
is performed or otherwise delivered.  

SECTION 16.  (a) Requires the comptroller of public accounts (comptroller)
to conduct a study of the economic and other costs to political
subdivisions of this state of changing the sourcing laws relating to the
sale of tangible personal property to comply with the Streamlined Sales
and Use Tax Agreement. 

(b) Authorizes the comptroller to request from a political subdivision of
this state any information the comptroller requires to complete the study,
and requires the political subdivision to provide the requested
information as soon as possible.  

(c) Requires the comptroller, not later than December 31, 2004, to provide
to certain persons a report on the results of the study. 

SECTION 17.  Repealer: Sections 151.326(c) and Chapter 326, Tax Code.

SECTION 18.  (a) Effective date: October 1, 2003, except as provided by
Subsection (b) of this section. 

(b) Provides that Sections 151.103(d) and 151.202(c), Tax Code, as added
by this Act, and Sections 321.203 and 323.203, Tax Code, as amended by
this Act, take effect July 1, 2004. 

(c) Makes application of this Act prospective.