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  80R3494 DAK-D
 
  By: Ellis S.B. No. 490
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to exemptions from the sales tax for certain energy
efficient products.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
by adding Section 151.333 to read as follows:
       Sec. 151.333.  ENERGY EFFICIENT PRODUCTS. (a) In this
section, "energy efficient product" means a product that has been
designated as an Energy Star qualified product under the Energy
Star program jointly operated by the United States Environmental
Protection Agency and the United States Department of Energy.
       (b)  This section applies only to the following energy
efficient products the sales price of which is equal to or less
than $1,500 for each product:
             (1)  an air conditioner;
             (2)  a clothes washer;
             (3)  a ceiling fan;
             (4)  a dehumidifier;
             (5)  a dishwasher;
             (6)  an incandescent or fluorescent light bulb;
             (7)  a programmable thermostat; and
             (8)  a refrigerator.
       (c)  The sale of an energy efficient product to which this
section applies is exempted from the taxes imposed by this chapter
only if:
             (1)  the product is purchased by an individual for
noncommercial home or personal use; and
             (2)  the purchase is not made with a credit card, debit
card, or check that is in the name of a business.
       (d)  A retailer is not required to obtain an exemption
certificate stating that an energy efficient product to which this
section applies is purchased for noncommercial home or personal use
unless more than two items of the product are purchased at the same
time.
       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.