81R5899 JE-D
 
  By: Burnam H.B. No. 803
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the period during which certain energy-efficient
  products are exempt from the sales tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 151.333(a) and (c), Tax Code, are
  amended to read as follows:
         (a)  In this section:
               (1)  [,] "Energy-efficient [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.
               (2)  "Lone Star Card" means the card issued by the
  Health and Human Services Commission to deliver benefits for the
  food stamp program and the Temporary Assistance for Needy Families
  (TANF) program.
         (c)  The sale of an energy-efficient product to which this
  section applies is exempted from the taxes imposed by this chapter
  if:
               (1)  the sale takes place during a period beginning at
  12:01 a.m. on the Saturday preceding the last Monday in May
  (Memorial Day) and ending at 11:59 p.m. on the last Monday in May;
  or
               (2)  the person that purchases the energy-efficient
  product is receiving services under the Temporary Assistance for
  Needy Families or food stamp program and presents the person's Lone
  Star Card to the retailer as proof that the person is receiving
  those services.
         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, 2009, 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, 2009.