84R2364 GRM-D
By: Raymond, Bohac, Simmons, Zerwas, H.J.R. No. 43
Martinez
A JOINT RESOLUTION
proposing a constitutional amendment prohibiting the taxation of
the sale or use of certain prescription medicine.
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 a prescription
medicine that was not subject to taxation under Chapter 151, Tax
Code, on January 1, 2015.
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 84th Legislature,
Regular Session, 2015, prohibiting the taxation of the sale or use
of certain prescription medicine.
(b) This temporary provision expires December 31, 2017.
(c) If the 84th Legislature, during the regular or a 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, 2017.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2015.
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 prescription medicine."