83R14781 CJC-F
 
  By: Raymond, Hilderbran, Taylor, Deshotel, H.J.R. No. 74
      Branch, et al.
 
  Substitute the following for H.J.R. No. 74:
 
  By:  Button C.S.H.J.R. No. 74
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment prohibiting the taxation of
  the sale or use of certain food and medicine.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 
         SECTION 1.  Article VIII, Texas Constitution, is amended by
  adding Section 28 to read as follows:
         Sec. 28.  (a)  The legislature may not enact a general law
  that would impose a state tax on the sale or use of:
               (1)  a food product for human consumption that was not
  subject to taxation under Chapter 151, Tax Code, on January 1, 2013;
  or
               (2)  a medicine that was not subject to taxation under
  Chapter 151, Tax Code, on January 1, 2013.
         (b)  This section may not be construed in a manner that would
  result in prohibiting the state from entering into an interstate
  agreement to simplify the administration and collection of the
  state's sales and use tax.
         SECTION 2.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a) This temporary provision applies
  to the constitutional amendment proposed by the 83rd Legislature,
  Regular Session, 2013, prohibiting the taxation of the sale or use
  of certain food and medicine and expires December 31, 2015.
         (b)  If the 83rd Legislature, during the regular or a special
  session, enacts a general law prohibited by Section 28, Article
  VIII, of this constitution, the portion of the general law that
  violates that section expires January 1, 2015.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 5, 2013.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment prohibiting the
  imposition of a tax on the sale or use of certain food and
  medicine."