1 | 1 | | 88R12276 CJC/JXC-D |
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2 | 2 | | By: Lopez of Cameron H.B. No. 3998 |
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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 the use of certain revenue derived from state sales and |
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8 | 8 | | use taxes to provide grants to incentivize the recycling of certain |
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9 | 9 | | electronics. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter Y, Chapter 361, Health and Safety |
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12 | 12 | | Code, is amended by adding Sections 361.9621 and 361.9622 to read as |
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13 | 13 | | follows: |
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14 | 14 | | Sec. 361.9621. COMPUTER EQUIPMENT RECYCLING ACCOUNT. (a) |
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15 | 15 | | The computer equipment recycling account is an account in the |
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16 | 16 | | general revenue fund. Money in the account may be appropriated only |
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17 | 17 | | to the commission for the purpose of issuing grants under Section |
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18 | 18 | | 361.9622. |
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19 | 19 | | (b) Notwithstanding Section 404.071, Government Code, |
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20 | 20 | | interest earned on the account shall be credited to the account. |
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21 | 21 | | Sec. 361.9622. COMPUTER EQUIPMENT RECYCLING GRANT PROGRAM. |
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22 | 22 | | The commission shall develop policies and procedures to administer |
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23 | 23 | | a program to award grants to manufacturers that have adopted and |
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24 | 24 | | implemented a recovery plan under this subchapter for the purpose |
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25 | 25 | | of reimbursing the manufacturers for the costs of implementing a |
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26 | 26 | | recovery plan. |
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27 | 27 | | SECTION 2. Subchapter Z, Chapter 361, Health and Safety |
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28 | 28 | | Code, is amended by adding Sections 361.9771 and 361.9881 to read as |
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29 | 29 | | follows: |
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30 | 30 | | Sec. 361.9771. COVERED TELEVISION EQUIPMENT RECYCLING |
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31 | 31 | | ACCOUNT. (a) The covered television equipment recycling account |
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32 | 32 | | is an account in the general revenue fund. Money in the account may |
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33 | 33 | | be appropriated only to the commission for the purpose of issuing |
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34 | 34 | | grants under Section 361.9881. |
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35 | 35 | | (b) Notwithstanding Section 404.071, Government Code, |
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36 | 36 | | interest earned on the account shall be credited to the account. |
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37 | 37 | | Sec. 361.9881. COVERED TELEVISION EQUIPMENT RECYCLING |
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38 | 38 | | GRANT PROGRAM. The commission shall develop policies and |
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39 | 39 | | procedures to administer a program to award grants to registered |
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40 | 40 | | television manufacturers for the purpose of reimbursing |
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41 | 41 | | manufacturers for the costs of implementing a recovery plan. |
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42 | 42 | | SECTION 3. Section 151.801, Tax Code, is amended by |
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43 | 43 | | amending Subsections (a) and (d) and adding Subsections (c-4) and |
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44 | 44 | | (c-5) to read as follows: |
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45 | 45 | | (a) Except for [the] amounts otherwise allocated under this |
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46 | 46 | | section [Subsections (b), (c), (c-2), (c-3), and (f)], all proceeds |
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47 | 47 | | from the collection of the taxes imposed by this chapter shall be |
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48 | 48 | | deposited to the credit of the general revenue fund. |
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49 | 49 | | (c-4) An amount equal to the revenue derived from the |
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50 | 50 | | collection of taxes at the rate of one quarter of one percent on the |
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51 | 51 | | first sale at retail of computer equipment shall be deposited to the |
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52 | 52 | | credit of the computer equipment recycling account established |
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53 | 53 | | under Section 361.9621, Health and Safety Code. |
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54 | 54 | | (c-5) An amount equal to the revenue derived from the |
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55 | 55 | | collection of taxes at the rate of one quarter of one percent on the |
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56 | 56 | | first sale at retail of covered television equipment shall be |
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57 | 57 | | deposited to the credit of the covered television equipment |
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58 | 58 | | recycling account established under Section 361.9771, Health and |
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59 | 59 | | Safety Code. |
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60 | 60 | | (d) The comptroller shall determine the amount to be |
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61 | 61 | | deposited to the highway fund under Subsection (b) according to |
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62 | 62 | | available statistical data indicating the estimated average or |
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63 | 63 | | actual consumption or sales of lubricants used to propel motor |
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64 | 64 | | vehicles over the public roadways. The comptroller shall determine |
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65 | 65 | | the amounts to be deposited to the accounts under Subsection (c) |
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66 | 66 | | according to available statistical data indicating the estimated or |
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67 | 67 | | actual total receipts in this state from taxable sales of sporting |
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68 | 68 | | goods, and according to the specific amounts provided in the |
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69 | 69 | | General Appropriations Act in accordance with Subsection (c-1). |
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70 | 70 | | The comptroller shall determine the amount to be deposited to the |
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71 | 71 | | fund under Subsection (c-2) according to available statistical data |
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72 | 72 | | indicating the estimated or actual total receipts in this state |
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73 | 73 | | from taxes imposed on sales at retail of fireworks. The comptroller |
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74 | 74 | | shall determine the amount to be deposited to the account under |
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75 | 75 | | Subsection (c-3) according to available statistical data |
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76 | 76 | | indicating the estimated or actual total receipts in this state |
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77 | 77 | | from taxable sales of horse feed, horse supplements, horse tack, |
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78 | 78 | | horse bedding and grooming supplies, and other taxable expenditures |
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79 | 79 | | directly related to horse ownership, riding, or boarding. The |
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80 | 80 | | comptroller shall determine the amount to be deposited to the |
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81 | 81 | | credit of the account under Subsection (c-4) according to available |
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82 | 82 | | statistical data indicating the estimated or actual total receipts |
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83 | 83 | | in this state from taxes imposed on sales at retail of computer |
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84 | 84 | | equipment. The comptroller shall determine the amount to be |
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85 | 85 | | deposited to the credit of the account under Subsection (c-5) |
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86 | 86 | | according to available statistical data indicating the estimated or |
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87 | 87 | | actual total receipts in this state from taxes imposed on sales at |
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88 | 88 | | retail of covered television equipment. If satisfactory data are |
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89 | 89 | | not available, the comptroller may require taxpayers who make |
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90 | 90 | | taxable sales or uses of those lubricants, of sporting goods, of |
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91 | 91 | | fireworks, of computer equipment, of covered television equipment, |
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92 | 92 | | or of horse feed, horse supplements, horse tack, horse bedding and |
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93 | 93 | | grooming supplies, or other taxable expenditures directly related |
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94 | 94 | | to horse ownership, riding, or boarding to report to the |
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95 | 95 | | comptroller as necessary to make the allocation required by |
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96 | 96 | | Subsection (b), (c), (c-2), [or] (c-3), (c-4), or (c-5). |
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97 | 97 | | SECTION 4. Section 151.801(e), Tax Code, is amended by |
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98 | 98 | | adding Subdivisions (6) and (7) to read as follows: |
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99 | 99 | | (6) "Computer equipment" has the meaning assigned by |
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100 | 100 | | Section 361.952, Health and Safety Code. |
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101 | 101 | | (7) "Covered television equipment" has the meaning |
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102 | 102 | | assigned by Section 361.971, Health and Safety Code. |
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103 | 103 | | SECTION 5. This Act takes effect September 1, 2023. |
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