| 1 | 1 | | 83R1177 ADM-F |
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| 2 | 2 | | By: Button, Bohac, N. Gonzalez of El Paso, H.B. No. 1310 |
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| 3 | 3 | | Paddie, Eiland |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the exclusion from total revenue of the cost of certain |
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| 9 | 9 | | vaccines for purposes of the franchise tax. |
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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. Section 171.1011(p), Tax Code, is amended by |
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| 12 | 12 | | amending Subdivision (4-a) and adding Subdivisions (4-b) and (8) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (4-a) "Physician practice" means an entity that: |
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| 15 | 15 | | (A) is owned entirely by one or more individuals |
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| 16 | 16 | | licensed to practice medicine in this state under Subtitle B, Title |
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| 17 | 17 | | 3, Occupations Code; and |
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| 18 | 18 | | (B) offers services, the provision of which is |
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| 19 | 19 | | considered practicing medicine as defined by Section |
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| 20 | 20 | | 151.002(a)(13), Occupations Code. |
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| 21 | 21 | | (4-b) "Pro bono services" means the direct provision |
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| 22 | 22 | | of legal services to the poor, without an expectation of |
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| 23 | 23 | | compensation. |
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| 24 | 24 | | (8) "Vaccine" means a preparation or suspension of |
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| 25 | 25 | | dead, live attenuated, or live fully virulent viruses or bacteria, |
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| 26 | 26 | | or of antigenic proteins derived from them, used to prevent, |
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| 27 | 27 | | ameliorate, or treat an infectious disease. |
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| 28 | 28 | | SECTION 2. Section 171.1011, Tax Code, is amended by adding |
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| 29 | 29 | | Subsection (u) to read as follows: |
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| 30 | 30 | | (u) A taxable entity that is a physician practice shall |
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| 31 | 31 | | exclude from its total revenue the actual cost paid by the taxable |
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| 32 | 32 | | entity for a vaccine. |
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| 33 | 33 | | SECTION 3. This Act applies only to a report originally due |
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| 34 | 34 | | on or after the effective date of this Act. |
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| 35 | 35 | | SECTION 4. This Act takes effect January 1, 2014. |
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