Texas 2019 - 86th Regular

Texas Senate Bill SJR24 Compare Versions

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1-S.J.R. No. 24
1+By: Kolkhorst, et al. S.J.R. No. 24
2+ (Cyrier, Price, Zerwas, Turner of Tarrant, Rose, et al.)
23
34
45 proposing a constitutional amendment relating to the appropriation
56 of the net revenue received from the imposition of state sales and
67 use taxes on sporting goods.
78 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
89 SECTION 1. Article VIII, Texas Constitution, is amended by
910 adding Section 7-d to read as follows:
10- Sec. 7-d. (a) Subject to Subsection (b) of this section,
11- for each state fiscal year, the net revenue received from the
12- collection of any state taxes imposed on the sale, storage, use, or
13- other consumption in this state of sporting goods that were subject
14- to taxation on January 1, 2019, under Chapter 151, Tax Code, is
15- automatically appropriated when received to the Parks and Wildlife
16- Department and the Texas Historical Commission, or their successors
17- in function, and is allocated between those agencies as provided by
18- general law. The legislature by general law may provide
19- limitations on the use of money appropriated under this subsection.
20- (b) The legislature by adoption of a resolution approved by
21- a record vote of two-thirds of the members of each house of the
22- legislature may direct the comptroller of public accounts to reduce
23- the amount of money appropriated to the Parks and Wildlife
24- Department and the Texas Historical Commission, or their successors
25- in function, under Subsection (a) of this section. The comptroller
26- may be directed to make that reduction only:
27- (1) in the state fiscal year in which the resolution is
28- adopted, or in either of the following two state fiscal years; and
29- (2) by an amount that does not result in a reduction of
30- more than 50 percent of the amount that would otherwise be
31- appropriated to the Parks and Wildlife Department and the Texas
32- Historical Commission, or their successors in function, in the
33- affected state fiscal year under Subsection (a) of this section.
34- (c) Money appropriated to the Parks and Wildlife Department
35- and the Texas Historical Commission, or their successors in
36- function, under Subsection (a) of this section may not be
37- considered available for certification by the comptroller of public
38- accounts under Section 49a(b), Article III, of this constitution.
39- (d) In this section, "sporting goods" means an item of
11+ Sec. 7-d. (a) For each state fiscal year, the net revenue
12+ received from the collection of any state taxes imposed on the sale,
13+ storage, use, or other consumption in this state of sporting goods
14+ that were subject to taxation on January 1, 2019, under Chapter 151,
15+ Tax Code, is automatically appropriated when received to the Parks
16+ and Wildlife Department and the Texas Historical Commission, or
17+ their successors in function, and is allocated between those
18+ agencies as provided by general law. The legislature by general law
19+ may provide limitations on the use of money appropriated under this
20+ subsection.
21+ (b) In this section, "sporting goods" means an item of
4022 tangible personal property designed and sold for use in a sport or
4123 sporting activity, excluding apparel and footwear except that which
4224 is suitable only for use in a sport or sporting activity, and
4325 excluding board games, electronic games and similar devices,
4426 aircraft and powered vehicles, and replacement parts and
4527 accessories for any excluded item.
4628 SECTION 2. The following temporary provision is added to
4729 the Texas Constitution:
4830 TEMPORARY PROVISION. (a) This temporary provision applies
4931 to the constitutional amendment proposed by the 86th Legislature,
5032 Regular Session, 2019, dedicating the revenue received from the
5133 existing state sales and use taxes that are imposed on sporting
5234 goods to the Texas Parks and Wildlife Department and the Texas
5335 Historical Commission to protect Texas' natural areas, water
5436 quality, and history by acquiring, managing, and improving state
5537 and local parks and historic sites while not increasing the rate of
5638 the state sales and use taxes.
5739 (b) Section 7-d, Article VIII, of this constitution takes
5840 effect September 1, 2021, and applies only to state tax revenue
5941 collected on or after that date.
6042 (c) This temporary provision expires January 1, 2022.
6143 SECTION 3. This proposed constitutional amendment shall be
6244 submitted to the voters at an election to be held November 5, 2019.
6345 The ballot shall be printed to provide for voting for or against the
6446 proposition: "The constitutional amendment dedicating the revenue
6547 received from the existing state sales and use taxes that are
6648 imposed on sporting goods to the Texas Parks and Wildlife
6749 Department and the Texas Historical Commission to protect Texas'
6850 natural areas, water quality, and history by acquiring, managing,
6951 and improving state and local parks and historic sites while not
7052 increasing the rate of the state sales and use taxes."
71- ______________________________ ______________________________
72- President of the Senate Speaker of the House
73- I hereby certify that S.J.R. No. 24 was adopted by the Senate
74- on April 10, 2019, by the following vote: Yeas 30, Nays 0; and that
75- the Senate concurred in House amendment on May 21, 2019, by the
76- following vote: Yeas 30, Nays 1.
77- ______________________________
78- Secretary of the Senate
79- I hereby certify that S.J.R. No. 24 was adopted by the House,
80- with amendment, on April 23, 2019, by the following vote: Yeas 143,
81- Nays 1, one present not voting.
82- ______________________________
83- Chief Clerk of the House
84- Received:
85- ______________________________
86- Date
87- ______________________________
88- Secretary of State