1 | 1 | | 85R4585 ADM-D |
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2 | 2 | | By: Miles S.B. No. 1773 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to a sales tax exemption for certain items sold during a |
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8 | 8 | | limited period. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 151.326(a), Tax Code, is amended to read |
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11 | 11 | | as follows: |
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12 | 12 | | (a) The sale of an article of clothing or footwear designed |
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13 | 13 | | to be worn on or about the human body is exempted from the taxes |
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14 | 14 | | imposed by this chapter if: |
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15 | 15 | | (1) the sales price of the article is less than $200 |
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16 | 16 | | [$100]; and |
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17 | 17 | | (2) the sale takes place during a period beginning at |
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18 | 18 | | 12:01 a.m. on the Friday before the 15th day preceding the uniform |
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19 | 19 | | date prescribed by Section 25.0811(a), Education Code, without |
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20 | 20 | | regard to any exception authorized by that section, before which a |
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21 | 21 | | school district may not begin instruction for the school year, and |
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22 | 22 | | ending at 12 midnight on the following Sunday. |
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23 | 23 | | SECTION 2. Section 151.327(a-1), Tax Code, is amended to |
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24 | 24 | | read as follows: |
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25 | 25 | | (a-1) The sale or storage, use, or other consumption of a |
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26 | 26 | | school supply or a school backpack is exempted from the taxes |
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27 | 27 | | imposed by this chapter if the school supply or backpack is |
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28 | 28 | | purchased: |
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29 | 29 | | (1) for use by a student in a public or private |
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30 | 30 | | elementary or secondary school; |
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31 | 31 | | (2) during the period described by Section |
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32 | 32 | | 151.326(a)(2); and |
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33 | 33 | | (3) for a sales price of less than $200 [$100]. |
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34 | 34 | | SECTION 3. Subchapter H, Chapter 151, Tax Code, is amended |
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35 | 35 | | by adding Section 151.3271 to read as follows: |
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36 | 36 | | Sec. 151.3271. CERTAIN ELECTRONIC DEVICES FOR LIMITED |
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37 | 37 | | PERIOD. (a) In this section: |
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38 | 38 | | (1) "E-reader" means a mobile electronic device that |
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39 | 39 | | is designed primarily for the purpose of reading digital electronic |
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40 | 40 | | books and periodicals. |
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41 | 41 | | (2) "Personal computer" means a laptop, desktop, tower |
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42 | 42 | | computer system, or other personal computer that includes a central |
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43 | 43 | | processing unit, random access memory, a storage device, a display |
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44 | 44 | | monitor, and a keyboard. |
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45 | 45 | | (3) "Tablet computer" means a mobile computer designed |
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46 | 46 | | for general personal computing purposes that is primarily operated |
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47 | 47 | | by use of a touchscreen or stylus. |
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48 | 48 | | (b) The sale or storage, use, or other consumption of an |
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49 | 49 | | e-reader, personal computer, or tablet computer is exempted from |
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50 | 50 | | the taxes imposed by this chapter if the e-reader, personal |
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51 | 51 | | computer, or tablet computer: |
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52 | 52 | | (1) is purchased during the period described by |
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53 | 53 | | Section 151.326(a)(2); and |
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54 | 54 | | (2) is not purchased over the Internet. |
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55 | 55 | | SECTION 4. The change in law made by this Act does not |
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56 | 56 | | affect tax liability accruing before the effective date of this |
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57 | 57 | | Act. That liability continues in effect as if this Act had not been |
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58 | 58 | | enacted, and the former law is continued in effect for the |
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59 | 59 | | collection of taxes due and for civil and criminal enforcement of |
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60 | 60 | | the liability for those taxes. |
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61 | 61 | | SECTION 5. This Act takes effect immediately if it receives |
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62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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65 | 65 | | Act takes effect September 1, 2017. |
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