80R8295 DAK-D
 
  By: Pena H.B. No. 3062
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to exempting textbooks for university and college courses
from the sales tax.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
by adding Section 151.3211 to read as follows:
       Sec. 151.3211.  TEXTBOOKS FOR UNIVERSITY AND COLLEGE
COURSES.  (a) The sale of a book is exempted from the taxes imposed
by this chapter if:
             (1)  the book is:
                   (A)  written, designed, and produced for
educational, instructional, or pedagogical purposes; and
                   (B)  bought by a full-time or part-time student
for a course for which the student is currently enrolled at an
institution of higher education as defined by Section 61.003,
Education Code, or a private or independent college or university
that is located in this state and that is accredited by a recognized
accrediting agency under Section 61.003, Education Code; and
             (2)  the sale takes place during a period:
                   (A)  beginning at 12:01 a.m. on the third Monday
in August and ending at 11:59 p.m. on the second following Monday;
or
                   (B)  beginning at 12:01 a.m. on the third Monday
in January and ending at 11:59 p.m. on the second following Monday.
       (b)  A person may establish that the person is a full-time or
part-time student by presenting a valid student identification
card.
       (c)  A person may establish that the book that is bought is
for a course for which the person is currently enrolled by
presenting:
             (1)  a current class schedule indicating the classes in
which the person is enrolled; and
             (2)  a current course syllabus or other form from the
institution of higher education or college that identifies the book
as required for the class for which the person is enrolled unless
the seller of the book has access to a list of books produced by the
institution of higher education or college that identifies the book
as required for the class for which the person is enrolled.
       SECTION 2.  The change in law made by this Act does not
affect taxes imposed before the effective date of this Act, and the
law in effect before the effective date of this Act is continued in
effect for purposes of the liability for and collection of those
taxes.
       SECTION 3.  This Act takes effect July 1, 2007, if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for effect on that
date, this Act takes effect October 1, 2007.