HBA-CBW H.B. 3156 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3156
By: Miller
Ways & Means
4/12/2001
Introduced

BACKGROUND AND PURPOSE 

In 1999, the Texas Legislature approved a sales tax holiday for clothing
and footwear priced less than $100.  The comptroller of public accounts
estimates that Texas saved more than $60 million during the 1999 and 2000
sales tax holidays.  Exempting school supplies, sewing notions, and certain
child safety products from taxation during the sales tax holiday would
further reduce taxes on individual households. House Bill 3156 exempts
backpacks,  a sewing notion, school supplies  and certain child safety
products from the  limited sales, excise, and use tax during the sales tax
holiday. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the comptroller of public accounts in
SECTION 2 of this bill. 

ANALYSIS

House Bill 3156 amends the Tax Code to exempt a backpack and  a sewing
notion from the limited sales, excise, and use tax (taxes) if the sales
price of the item is less than $100 and the sale occurs during the tax
holiday period.  The bill also exempts the sale of a car safety seat for a
child, bicycle helmet, elbow pads, or knee pads from the taxes if the sale
occurs during the tax holiday period.  The bill expands the tax holiday
from three days to five days.  

The bill provides that the sale of a school supply is exempted from the
limited sales, excise, and use tax if the supply is purchased for use by a
student in a class in a public or private elementary or secondary school,
the sale occurs during the tax holiday period, and  the sales price of a
school supply is less than $25. If supplies are packaged by the retailer
and sold as a unit, the sales price for the unit is exempt from the $100
limit provided that each individual supply in the unit would qualify for
the exemption if it was sold separately. 

During the sales tax holiday, the bill authorizes a retailer to advertise
that the retailer will pay the tax or a portion of the tax and requires a
retailer who advertises to pay the tax to remit the full amount of the tax
due on the sales price of the item sold.  The bill provides that a person
purchasing, storing, using or consuming a taxable item in this state is
liable for the taxes unless the receipt from the retailer specifically
states that the retailer is responsible for the taxes. 

The bill authorizes the governing body of a local taxing authority to
repeal the application of the limited sales, excise, and use tax
exemptions, regardless if it occurred on or after January 1, 2000, if the
repeal is done in a manner that complies with state sales and use tax
exemptions in relation to local sales and use taxes and the governing body
simultaneously repeals the application of all of the exemptions.   

The bill authorizes the comptroller of public accounts (comptroller) to
adopt an emergency rule without prior notice or hearing , or with any
abbreviated notice and hearing that the comptroller finds practicable or
the implementation of the above provisions. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.