TITLE 34.PUBLIC FINANCE

Part 1. COMPTROLLER OF PUBLIC ACCOUNTS

Chapter 3. TAX ADMINISTRATION

Subchapter N. COUNTY SALES AND USE TAX

34 TAC §3.253

The Comptroller of Public Accounts adopts an amendment to §3.253, concerning county use tax, without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 12016).

This section is being amended to conform with §3.286 of this title (relating to Seller's and Purchaser's Responsibilities). The amendment to subsection (a) deletes all definitions of "engaged in business" and replaces those definitions with definitions requiring a "physical presence" in the county. The amendment states current policy on the length of time a seller located outside a county is obligated to collect county use tax after the seller ceases to have a physical presence in the county but continues to make sales into the county from a location outside the county.

No comments were received regarding adoption of the amendment.

This amendment is adopted under the Tax Code, §111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2.

The amendment implements Tax Code, Chapter 323.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 30, 2000.

TRD-200004577

Martin Cherry

Deputy General Counsel for Tax Policy and Agency Affairs

Comptroller of Public Accounts

Effective date: July 20, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 463-3699


Subchapter O. STATE SALES AND USE TAX

34 TAC §3.310

The Comptroller of Public Accounts adopts an amendment to §3.310, concerning laundry, cleaning, and garment services, without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 12018).

The amendment reflects changes made to the Tax Code, §151.350 by House Bill 3211, 76th Legislature, 1999, effective October 1, 1999. The bill clarifies that the exemption to restore real or tangible personal property within a disaster area includes labor to repair, treat, or apply protective chemicals to an item.

No comments were received regarding adoption of the amendment.

This amendment is adopted under the Tax Code, §111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2.

The amendment implements the Tax Code, §151.350.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 29, 2000.

TRD-200004529

Martin Cherry

Deputy General Counsel for Tax Policy and Agency Affairs

Comptroller of Public Accounts

Effective date: July 19, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 463-3699


Subchapter P. MUNICIPAL SALES AND USE TAX

34 TAC §3.375

The Comptroller of Public Accounts adopts an amendment to §3.375, concerning city use tax, without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 12023).

This section is being amended to conform with §3.286 of this title (relating to Seller's and Purchaser's Responsibilities). The amendment to subsection (a) deletes all definitions of "engaged in business" and replaces those definitions with definitions requiring a "physical presence" in the city. The amendment states current policy on the length of time a seller located outside a city is obligated to collect city use tax after the seller ceases to have a physical presence in the city but continues to make sales into the city from a location outside the city. For clarity, the amendment deletes subsection (g) and moves the language in subsection (g) to new subsection (b)(5) to make the form of §3.375 more consistent with local use tax rules §3.253 of this title (relating to County Use Tax) and §3.425 of this title (relating to Transit Use Tax).

No comments were received regarding adoption of the amendment.

This amendment is adopted under the Tax Code, §111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2.

The amendment implements the Tax Code, Chapter 321.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 30, 2000.

TRD-200004578

Martin Cherry

Deputy General for Tax Policy and Agency Affairs

Comptroller of Public Accounts

Effective date: July 20, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 463-3699


Subchapter R. TRANSIT SALES AND USE TAX

34 TAC §3.425

The Comptroller of Public Accounts adopts an amendment to §3.425, concerning transit use tax, without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 12024).

This section is being amended to conform with §3.286 of this title (relating to Seller's and Purchaser's Responsibilities). The amendment to subsection (a) deletes all definitions of "engaged in business" and replaces those definitions with definitions requiring a "physical presence" in the authority. The amendment states current policy on the length of time a seller located outside an authority is obligated to collect transit use tax after the seller ceases to have a physical presence in the authority but continues to make sales into the authority from a location outside the authority.

No comments were received regarding adoption of the amendment.

This amendment is adopted under the Tax Code, §111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2.

The amendment implements Texas Civil Statutes, Article IIIBx, §IIB(B)(e), Article 1118y, §16(f)(4), Article 1066c, §4 and the Tax Code §§141.001, 151.011, 151.105, 151.303.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 30, 2000.

TRD-200004579

Martin Cherry

Deputy General Counsel for Tax Policy and Agency Affairs

Comptroller of Public Accounts

Effective date: July 20, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 463-3699