Amend CSHB 3 in Article 3, Part A by adding the following
appropriately numbered sections and renumbering the remaining
sections accordingly:
SECTION 3A. . Section 151.008, Tax Code, is amended by
adding Subsection (c) to read as follows:
(c) An individual is not a "seller" or "retailer" for
purposes of this section if:
(1) the individual is not engaged in the active conduct
of a trade or business in this state for the purposes of affecting
sales of taxable items; and
(2) the only sales made by the individual are sales of
taxable personal property described by Section 151.304 (b) (5).
SECTION 3A. . Section 151.304 (b), Tax Code, is amended to
read as follows:
(b) In this section, "occasional sale" means:
(1) one or two sales of taxable items, other than an
amusement service, at retail during a 12-month period by a person
who does not habitually engage, or hold himself out as engaging, in
the business of selling taxable items at retail;
(2) the sale of the entire operating assets of a
business or of a separate division, branch, or identifiable segment
of a business;
(3) a transfer of all or substantially all the property
used by a person in the course of an activity if after the transfer
the real or ultimate ownership of the property is substantially
similar to that which existed before the transfer; [or]
(4) the sale of not more than 10 admissions for
amusement services during a 12-month period by a person who does not
hold himself out as engaging, or does not habitually engage, in
providing amusement services; or
(5) the sale of taxable personal property by an
individual if:
(A) the property was originally bought by the
individual or a member of the individual's family for the personal
use of the individual or the individual's family;
(B) the individual does not hold a permit issued
under this chapter and is not required to obtain a permit as a
"seller" or "retailer" as those terms are defined by Section
151.008;
(C) the individual does not employ an auctioneer,
broker, or factor, other than an online auction, to sell the
property; and
(D) the sale would otherwise not be considered an
occasional sale under this section.