88R7774 CJD-D
 
  By: Eckhardt S.B. No. 1769
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the maximum allowable cost of certain items eligible
  for a sales tax exemption for a limited period.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 151.326(a), Tax Code, is amended to read
  as follows:
         (a)  The sale of an article of clothing or footwear designed
  to be worn on or about the human body is exempted from the taxes
  imposed by this chapter if:
               (1)  the sales price of the article is less than $175
  [$100]; and
               (2)  the sale takes place during a period beginning at
  12:01 a.m. on the Friday before the 15th day preceding the uniform
  date prescribed by Section 25.0811(a), Education Code, without
  regard to any exception authorized by that section, before which a
  school district may not begin instruction for the school year, and
  ending at 12 midnight on the following Sunday.
         SECTION 2.  Section 151.327(a-1), Tax Code, is amended to
  read as follows:
         (a-1)  The sale or storage, use, or other consumption of a
  school supply or a school backpack is exempted from the taxes
  imposed by this chapter if the school supply or backpack is
  purchased:
               (1)  for use by a student in a public or private
  elementary or secondary school;
               (2)  during the period described by Section
  151.326(a)(2); and
               (3)  for a sales price of less than $175 [$100].
         SECTION 3.  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 4.  This Act takes effect immediately 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 immediate effect, this
  Act takes effect September 1, 2023.