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  81R1325 KLA-F
 
  By: King of Parker H.B. No. 1658
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an exemption from the sales tax for certain
  telecommunications equipment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
  by adding Section 151.3186 to read as follows:
         Sec. 151.3186.  PROPERTY USED IN TELECOMMUNICATIONS. (a)
  In this section, "telecommunications equipment" means machinery,
  equipment, and software used to send, receive, or store voice or
  data communications, and equipment used to enable, facilitate,
  maintain, or monitor that machinery, equipment, or software. The
  term includes:
               (1)  antennas, amplifiers, poles, wires, cables,
  rectifiers, duplexers, multiplexers, receivers, repeaters,
  transmitters, power equipment, modems, routers, and storage
  devices; and
               (2)  general central office switching equipment,
  including channel cards, frames, and cabinets.
         (b)  Telecommunications equipment is exempted from the taxes
  imposed by this chapter if the equipment is sold, leased, or rented
  to a provider of telecommunications services or used by a provider
  of telecommunications services.
         SECTION 2.  The change in law made by this Act does not
  affect tax liability accruing before the effective date of this
  Act. That liability continues in effect as if this Act had not been
  enacted, and the former law is continued in effect for the
  collection of taxes due and for civil and criminal enforcement of
  the liability for 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.