81R2264 KLA-D By: McCall H.B. No. 3190 A BILL TO BE ENTITLED AN ACT relating to an exemption from the sales tax for nonvehicular fuel cells. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.358 to read as follows: Sec. 151.358. NONVEHICULAR FUEL CELLS. (a) In this section, "fuel cell" means a device that uses fuel, oxygen, and a catalyst to generate electricity by electrochemical means. (b) The sale, use, or other consumption of a fuel cell is exempted from the taxes imposed by this chapter unless the fuel cell is designed to be the source of motive power of a vehicle or provides the motive power of a vehicle. (c) This section expires January 1, 2017. SECTION 2. This Act takes effect September 1, 2009.