1 | 1 | | 81R825 SLB-D |
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2 | 2 | | By: Ellis S.J.R. No. 6 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment relating to the dedication of |
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7 | 7 | | the revenue received from the sporting goods sales tax. |
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8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Article VIII, Texas Constitution, is amended by |
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10 | 10 | | adding Section 7-c to read as follows: |
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11 | 11 | | Sec. 7-c. (a) For each state fiscal year, the revenue |
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12 | 12 | | received from the collection of any state taxes imposed on the sale, |
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13 | 13 | | storage, or use of sporting goods that were subject to taxation on |
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14 | 14 | | January 1, 2009, under Chapter 151, Tax Code, is appropriated to the |
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15 | 15 | | Parks and Wildlife Department and to the Texas Historical |
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16 | 16 | | Commission or to their successors in function. |
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17 | 17 | | (b) Money dedicated as provided by Subsection (a) of this |
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18 | 18 | | section: |
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19 | 19 | | (1) is automatically appropriated when received by the |
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20 | 20 | | state; |
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21 | 21 | | (2) shall be proportionally deposited, as specified by |
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22 | 22 | | general law, to the credit of the following Parks and Wildlife |
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23 | 23 | | Department and Texas Historical Commission accounts, as the |
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24 | 24 | | allocation to those accounts existed on January 1, 2009, or to the |
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25 | 25 | | successor to those accounts: |
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26 | 26 | | (A) the state parks account; |
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27 | 27 | | (B) the Texas recreation and parks account; |
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28 | 28 | | (C) the large county and municipality recreation |
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29 | 29 | | and parks account; |
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30 | 30 | | (D) the Texas parks and wildlife conservation and |
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31 | 31 | | capital account; and |
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32 | 32 | | (E) the historic site account; and |
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33 | 33 | | (3) may be used only as provided by the general law |
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34 | 34 | | governing the use of money in the accounts described by Subsection |
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35 | 35 | | (b)(2) of this section. |
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36 | 36 | | (c) In this section, "sporting goods" means an item of |
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37 | 37 | | tangible personal property designed and sold for use in a sport or |
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38 | 38 | | sporting activity, excluding apparel and footwear except that which |
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39 | 39 | | is suitable only for use in a sport or sporting activity, and |
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40 | 40 | | excluding board games, electronic games and similar devices, |
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41 | 41 | | aircraft and powered vehicles, and replacement parts and |
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42 | 42 | | accessories for any excluded item. |
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43 | 43 | | SECTION 2. The following temporary provision is added to |
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44 | 44 | | the Texas Constitution: |
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45 | 45 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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46 | 46 | | to the constitutional amendment proposed by the 81st Legislature, |
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47 | 47 | | Regular Session, 2009, requiring the revenue received from the |
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48 | 48 | | collection of the taxes imposed on the sale, storage, or use of |
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49 | 49 | | sporting goods to be appropriated only to the Parks and Wildlife |
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50 | 50 | | Department and the Texas Historical Commission. |
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51 | 51 | | (b) Section 7-c, Article VIII, of this constitution takes |
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52 | 52 | | effect September 1, 2011, and applies only to state tax revenues |
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53 | 53 | | that are collected on or after that date. |
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54 | 54 | | (c) This temporary provision expires January 1, 2012. |
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55 | 55 | | SECTION 3. This proposed constitutional amendment shall be |
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56 | 56 | | submitted to the voters at an election to be held November 3, 2009. |
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57 | 57 | | The ballot shall be printed to provide for voting for or against the |
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58 | 58 | | proposition: "The constitutional amendment requiring the revenue |
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59 | 59 | | received from the collection of the taxes imposed on the sale, |
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60 | 60 | | storage, or use of sporting goods to be appropriated only to the |
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61 | 61 | | Parks and Wildlife Department and the Texas Historical Commission." |
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