10 | | - | Sec. 7-d. (a) Subject to Subsection (b) of this section, |
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11 | | - | for each state fiscal year, the net revenue received from the |
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12 | | - | collection of any state taxes imposed on the sale, storage, use, or |
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13 | | - | other consumption in this state of sporting goods that were subject |
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14 | | - | to taxation on January 1, 2019, under Chapter 151, Tax Code, is |
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15 | | - | automatically appropriated when received to the Parks and Wildlife |
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16 | | - | Department and the Texas Historical Commission, or their successors |
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17 | | - | in function, and is allocated between those agencies as provided by |
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18 | | - | general law. The legislature by general law may provide |
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19 | | - | limitations on the use of money appropriated under this subsection. |
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20 | | - | (b) The legislature by adoption of a resolution approved by |
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21 | | - | a record vote of two-thirds of the members of each house of the |
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22 | | - | legislature may direct the comptroller of public accounts to reduce |
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23 | | - | the amount of money appropriated to the Parks and Wildlife |
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24 | | - | Department and the Texas Historical Commission, or their successors |
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25 | | - | in function, under Subsection (a) of this section. The comptroller |
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26 | | - | may be directed to make that reduction only: |
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27 | | - | (1) in the state fiscal year in which the resolution is |
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28 | | - | adopted, or in either of the following two state fiscal years; and |
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29 | | - | (2) by an amount that does not result in a reduction of |
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30 | | - | more than 50 percent of the amount that would otherwise be |
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31 | | - | appropriated to the Parks and Wildlife Department and the Texas |
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32 | | - | Historical Commission, or their successors in function, in the |
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33 | | - | affected state fiscal year under Subsection (a) of this section. |
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34 | | - | (c) Money appropriated to the Parks and Wildlife Department |
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35 | | - | and the Texas Historical Commission, or their successors in |
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36 | | - | function, under Subsection (a) of this section may not be |
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37 | | - | considered available for certification by the comptroller of public |
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38 | | - | accounts under Section 49a(b), Article III, of this constitution. |
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39 | | - | (d) In this section, "sporting goods" means an item of |
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| 11 | + | Sec. 7-d. (a) For each state fiscal year, the net revenue |
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| 12 | + | received from the collection of any state taxes imposed on the sale, |
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| 13 | + | storage, use, or other consumption in this state of sporting goods |
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| 14 | + | that were subject to taxation on January 1, 2019, under Chapter 151, |
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| 15 | + | Tax Code, is automatically appropriated when received to the Parks |
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| 16 | + | and Wildlife Department and the Texas Historical Commission, or |
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| 17 | + | their successors in function, and is allocated between those |
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| 18 | + | agencies as provided by general law. The legislature by general law |
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| 19 | + | may provide limitations on the use of money appropriated under this |
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| 20 | + | subsection. |
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| 21 | + | (b) In this section, "sporting goods" means an item of |
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40 | 22 | | tangible personal property designed and sold for use in a sport or |
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41 | 23 | | sporting activity, excluding apparel and footwear except that which |
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42 | 24 | | is suitable only for use in a sport or sporting activity, and |
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43 | 25 | | excluding board games, electronic games and similar devices, |
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44 | 26 | | aircraft and powered vehicles, and replacement parts and |
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45 | 27 | | accessories for any excluded item. |
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46 | 28 | | SECTION 2. The following temporary provision is added to |
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47 | 29 | | the Texas Constitution: |
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48 | 30 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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49 | 31 | | to the constitutional amendment proposed by the 86th Legislature, |
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50 | 32 | | Regular Session, 2019, dedicating the revenue received from the |
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51 | 33 | | existing state sales and use taxes that are imposed on sporting |
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52 | 34 | | goods to the Texas Parks and Wildlife Department and the Texas |
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53 | 35 | | Historical Commission to protect Texas' natural areas, water |
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54 | 36 | | quality, and history by acquiring, managing, and improving state |
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55 | 37 | | and local parks and historic sites while not increasing the rate of |
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56 | 38 | | the state sales and use taxes. |
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57 | 39 | | (b) Section 7-d, Article VIII, of this constitution takes |
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58 | 40 | | effect September 1, 2021, and applies only to state tax revenue |
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59 | 41 | | collected on or after that date. |
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60 | 42 | | (c) This temporary provision expires January 1, 2022. |
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61 | 43 | | SECTION 3. This proposed constitutional amendment shall be |
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62 | 44 | | submitted to the voters at an election to be held November 5, 2019. |
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63 | 45 | | The ballot shall be printed to provide for voting for or against the |
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64 | 46 | | proposition: "The constitutional amendment dedicating the revenue |
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65 | 47 | | received from the existing state sales and use taxes that are |
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66 | 48 | | imposed on sporting goods to the Texas Parks and Wildlife |
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67 | 49 | | Department and the Texas Historical Commission to protect Texas' |
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68 | 50 | | natural areas, water quality, and history by acquiring, managing, |
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69 | 51 | | and improving state and local parks and historic sites while not |
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70 | 52 | | increasing the rate of the state sales and use taxes." |
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71 | | - | ______________________________ ______________________________ |
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72 | | - | President of the Senate Speaker of the House |
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73 | | - | I hereby certify that S.J.R. No. 24 was adopted by the Senate |
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74 | | - | on April 10, 2019, by the following vote: Yeas 30, Nays 0; and that |
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75 | | - | the Senate concurred in House amendment on May 21, 2019, by the |
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76 | | - | following vote: Yeas 30, Nays 1. |
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77 | | - | ______________________________ |
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78 | | - | Secretary of the Senate |
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79 | | - | I hereby certify that S.J.R. No. 24 was adopted by the House, |
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80 | | - | with amendment, on April 23, 2019, by the following vote: Yeas 143, |
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81 | | - | Nays 1, one present not voting. |
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82 | | - | ______________________________ |
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83 | | - | Chief Clerk of the House |
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84 | | - | Received: |
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85 | | - | ______________________________ |
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86 | | - | Date |
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87 | | - | ______________________________ |
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88 | | - | Secretary of State |
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