81R10993 CBH-D By: Martinez Fischer H.B. No. 2762 A BILL TO BE ENTITLED AN ACT relating to exemptions from the sales tax for certain school supplies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.3275 to read as follows: Sec. 151.3275. SCHOOL SUPPLIES. (a) The sale or storage, use, or other consumption of a school supply is exempted from the taxes imposed by this chapter. (b) For purposes of this exemption, "school supply" means: (1) crayons; (2) scissors; (3) glue, paste, and glue sticks; (4) pencils; (5) pens; (6) erasers; (7) rulers; (8) markers; (9) highlighters; (10) paper, including loose-leaf ruled notebook paper, copy paper, graph paper, tracing paper, manila paper, colored paper, poster board, and construction paper; (11) writing tablets; (12) spiral notebooks; (13) bound composition notebooks; (14) pocket folders; (15) plastic folders; (16) expandable portfolios; (17) manila folders; (18) three-ring binders that are three inches or less in capacity; (19) backpacks and zipper pencil bags; (20) school supply boxes; (21) clipboards; (22) index cards; (23) index card boxes; (24) calculators; (25) protractors; (26) compasses; (27) music notebooks; (28) sketch or drawing pads; (29) paintbrushes; (30) watercolors; (31) acrylic, tempera, or oil paints; (32) tape, including masking tape and Scotch tape; (33) clay and glazes; (34) pencil sharpeners; (35) thesauruses; and (36) dictionaries. SECTION 2. Section 151.327, Tax Code, is repealed. SECTION 3. 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 4. 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.