By: Ellis S.B. No. 107
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to exemptions from the sales tax for certain school
  backpacks.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
  by adding Section 151.327 to read as follows:
         Sec. 151.327.  SCHOOL BACKPACKS BEFORE START OF SCHOOL.  
  (a)  The sale or storage, use, or other consumption of a school
  backpack is exempted from the taxes imposed by this chapter if the
  backpack is purchased:
               (1)  for use by a student in a public or private
  elementary or secondary school;
               (2)  during the period described by Section
  151.326(a)(2); and
               (3)  for a sales price of less than $100.
         (b)  A retailer is not required to obtain an exemption
  certificate stating that school backpacks are purchased for use by
  students in a public or private elementary or secondary school
  unless the backpacks are purchased in a quantity that indicates
  that the backpacks are not purchased for use by students in a public
  or private elementary or secondary school.
         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.