82R1570 CJC-F
By: Raymond H.J.R. No. 36
A JOINT RESOLUTION
proposing a constitutional amendment prohibiting the taxation of
the sale or use of certain food, drinks, medicine, and child-care
services.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VIII, Texas Constitution, is amended by
adding Section 26 to read as follows:
Sec. 26. The legislature may not enact a general law that
would impose a state tax on the sale or use of:
(1) food or a drink that was not subject to taxation
under Chapter 151, Tax Code, on January 1, 2011;
(2) a medicine that was not subject to taxation under
Chapter 151, Tax Code, on January 1, 2011; or
(3) a child-care service that was not subject to
taxation under Chapter 151, Tax Code, on January 1, 2011.
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 82nd Legislature,
Regular Session, 2011, prohibiting the taxation of the sale or use
of certain food, drinks, medicine, and child-care services, and
expires December 31, 2013.
(b) If the 82nd Legislature, during the Regular Session or a
later special session, enacts a general law prohibited by Section
26, Article VIII, of this constitution, the portion of the general
law that violates that section expires January 1, 2013.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment prohibiting the
taxation of the sale or use of certain food, drinks, medicine, and
child-care services."