Amend CSSB 1202 (Senate committee printing) as follows: (1) In the recital to SECTION 2 of the bill (page 1, line 42), strike "Subsection (c-1)" and substitute "Subsections (c-1), (c-2), and (c-3)". (2) In SECTION 2 of the bill, after added Section 321.203(c-1), Tax Code (page 1, between lines 59 and 60), insert the following: (c-2) Subsection (c) does not apply if: (1) the taxable item is shipped or delivered from a warehouse: (A) that is a place of business of the retailer; (B) in relation to which the retailer has an economic development agreement with: (i) the municipality in which the warehouse is located that was entered into under Chapter 380, 504, or 505, Local Government Code, or a predecessor statute, before January 1, 2009; or (ii) the county in which the warehouse is located that was entered into under Chapter 381, Local Government Code, before January 1, 2009; and (C) in relation to which the municipality provides information relating to the economic development agreement as required by Subsection (c-3) by the deadline prescribed by that subsection, or, if appropriate, the county complies with Section 323.203(c-3) by the deadline prescribed by that section; and (2) the place of business of the retailer at which the retailer first receives the order in the manner described by Subsection (c) is a retail outlet identified in the information required by Subsection (c-3) or Section 323.203(c-3) as being served by the warehouse on January 1, 2009. (c-3) Not later than September 1, 2009, a municipality that has entered into an economic development agreement described by Subsection (c-2) shall send to the comptroller information prescribed by the comptroller relating to the agreement that identifies each warehouse subject to the agreement and each retail outlet that, on January 1, 2009, was served by that warehouse. The comptroller shall prescribe the manner in which the information must be provided. The provision of information to the comptroller under this subsection does not affect whether information described by this subsection is confidential or excepted from required public disclosure. This subsection and Subsection (c-2) expire September 1, 2014. (3) In the recital to SECTION 3 of the bill (page 2, line 8), strike "Subsection (c-1)" and substitute "Subsections (c-1), (c-2), and (c-3)". (4) In SECTION 3 of the bill, after added Section 323.203(c-1), Tax Code (page 2, between lines 25 and 26), insert the following: (c-2) Subsection (c) does not apply if: (1) the taxable item is shipped or delivered from a warehouse: (A) that is a place of business of the retailer; (B) in relation to which the retailer has an economic development agreement with: (i) the county in which the warehouse is located that was entered into under Chapter 381, Local Government Code, before January 1, 2009; or (ii) the municipality in which the warehouse is located that was entered into under Chapter 380, 504, or 505, Local Government Code, or a predecessor statute, before January 1, 2009; and (C) in relation to which the county provides information relating to the economic development agreement as required by Subsection (c-3) by the deadline prescribed by that subsection, or, if appropriate, the municipality complies with Section 321.203(c-3) by the deadline prescribed by that section; and (2) the place of business of the retailer at which the retailer first receives the order in the manner described by Subsection (c) is a retail outlet identified in the information required by Subsection (c-3) or Section 321.203(c-3) as being served by the warehouse on January 1, 2009. (c-3) Not later than September 1, 2009, a county that has entered into an economic development agreement described by Subsection (c-2) shall send to the comptroller information prescribed by the comptroller relating to the agreement that identifies each warehouse subject to the agreement and each retail outlet that, on January 1, 2009, was served by that warehouse. The comptroller shall prescribe the manner in which the information must be provided. The provision of information to the comptroller under this subsection does not affect whether information described by this subsection is confidential or excepted from required public disclosure. This subsection and Subsection (c-2) expire September 1, 2014. (5) Strike SECTION 5 of the bill (page 2, line 42) and substitute the following: SECTION 5. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009. (b) Sections 321.203(c-3) and 323.203(c-3), Tax Code, as added by this Act, take effect immediately if this Act 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 immediate effect, Sections 321.203(c-3) and 323.203(c-3), Tax Code, as added by this Act, take effect August 31, 2009.