HBA-JRA C.S.S.B. 441 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 441 By: Ellis Ways & Means 5/21/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law exempts the sale of certain items, such as certain food and health care supplies, from limited sales, excise, and use taxes. Because this state currently has a budget surplus, this may be an appropriate time to consider certain forms of tax relief. C.S.S.B. 441 exempts the first $25 of a monthly charge for the sale, use, or other consumption in this state of Internet access service from limited sales, use, and excise tax and exempts a certain percentage of the value of information services and data processing services from limited sales, excise, and use tax based on when such services are rendered. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 151, Tax Code, by adding Sections 151.00393 and 151.00394, as follows: Sec. 151.00393. INTERNET. Defines "Internet." Sec. 151.00394. INTERNET ACCESS SERVICE. Defines "Internet access service." Provides that "Internet access service" is not included in the definitions of data processing services and information services on and after October 1, 1999. SECTION 2. Amends Section 151.0101(a), Tax Code, to redefine "taxable services" to include Internet access service and to exclude information services and data processing services. Makes conforming changes. SECTION 3. Amends Subchapter A, Chapter 151, Tax Code, by adding Section 151.01011, as follows: Sec. 151.01011. CERTAIN TEMPORARY TAXABLE SERVICES. Defines "taxable services" to include information services and data processing services. Provides that this section expires October 1, 2003. SECTION 4. Amends Section 151.0103, Tax Code, to redefine "telecommunications services" to include Internet access service. SECTION 5. Amends Section 151.320(b), Tax Code, to redefine "magazine" by deleting the provision that "magazine" does not mean the publication of current information which is taxable pursuant to Section 151.0038 of this code as an "information service." SECTION 6. Amends Subchapter H, Chapter 151, Tax Code, by adding Section 151.325, as follows: Sec. 151.325. BASIC FEE FOR INTERNET ACCESS SERVICE. Exempts the first $25 of a monthly charge for the sale, use, or other consumption in this state of Internet access service from limited sales, use, and excise tax. Provides that this exemption applies without regard to whether the Internet access service is bundled with another service, including any other taxable service listed in Section 151.0101(a) or 151.01011, or the billing period used by the service provider. Provides that this exemption applies to the total sales price the service provider charges for Internet access to a purchaser, without regard to whether the service provider charges one lump-sum amount or separately bills the purchaser for each user. SECTION 7. Amends Subchapter H, Chapter 151, Tax Code, by adding Section 151.351, as follows: Sec. 151.351. INFORMATION SERVICES AND DATA PROCESSING SERVICES. Exempts 20 percent of the value of information services and data processing services rendered between January 1, 2000, and October 1, 2000, from limited sales, excise, and use tax. Exempts 40 percent of the value of such services rendered between October 1, 2000, and October 1, 2001. Exempts 60 percent of the value of such services rendered between October 1, 2001, and October 1, 2002. Exempts 80 percent of the value of such services rendered between October 1, 2002, and October 1, 2003. Provides that this section expires October 1, 2003. SECTION 8. Repealer: Sections 151.0035 ("Data Processing Service") and 151.0038 ("Information Service"), Tax Code. SECTION 9. Effective date: October 1, 1999, except that Sections 5 and 8 of this Act take effect October 1, 2003. Makes application of this Act prospective. SECTION 10. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds new SECTIONS 1-8 and modifies the caption of the bill accordingly. For a complete analysis of these new sections, please see the Section-by-Section Analysis portion of this document. The substitute deletes SECTION 1 of the original, which would have amended Section 151.313(a), Tax Code, to add a drug or medicine, without regard to whether it is prescribed or dispensed by a license practitioner of the healing arts, labeled with a national drug code issued by the federal Food and Drug Administration and specifically formulated and labeled for children 12 years of age or younger, and diapers to a list of items exempt from taxes imposed by this chapter (limited sales, excise, and use taxes). The substitute deletes SECTION 2 of the original, which would have amended Subchapter H, Chapter 151, Tax Code, by adding Section 151.325 (Clothing and Footwear for Limited Period) to exempt the sale of clothing or footwear from taxes imposed by this chapter if the item is priced less than $200 and the sale takes place between 12:01 a.m. on the first Saturday in August and ending at 12 midnight on the second following Friday. The proposed section would have provided that this exemption does not apply to an article of clothing or footwear designed and primarily used for athletic activity; nor to accessories, including jewelry, handbags, luggage, umbrella, wallets, watches, and similar items. The substitute redesignates SECTIONS 3 (effective date) and 4 (emergency clause) of the original to SECTIONS 9 and 10 and makes conforming changes.