83R8361 BEF-F By: Eiland H.B. No. 1900 A BILL TO BE ENTITLED AN ACT relating to exempting certain amounts charged for certain cable television services from the sales and use tax. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.3251 to read as follows: Sec. 151.3251. BASIC FEE FOR CERTAIN CABLE TELEVISION SERVICES. (a) The sale, use, or other consumption in this state of cable television service that is subject to a franchise fee authorized or governed by Chapter 66, Utilities Code, or 47 U.S.C. Sections 541 and 542 is exempted from the taxes imposed by this chapter in an amount not to exceed the first $75 of a monthly charge. (b) The exemption provided by this section applies without regard to: (1) whether the cable television service is bundled with another service, including any other taxable service listed in Section 151.0101(a); or (2) the billing period used by the service provider. (c) The exemption in this section applies to the total sales price the service provider charges for cable television service to a purchaser, without regard to whether the service provider charges one lump-sum amount or separately bills the purchaser for each user. (d) The exemption in this section does not apply to the taxes imposed under Chapters 321, 322, or 323. SECTION 2. Section 321.208, Tax Code, is amended to read as follows: Sec. 321.208. STATE EXEMPTIONS APPLICABLE. The exemptions provided by Subchapter H, Chapter 151, apply to the taxes authorized by this chapter, except as provided by Sections 151.3251(d) and [Section] 151.317(b). SECTION 3. Section 323.207, Tax Code, is amended to read as follows: Sec. 323.207. STATE EXEMPTIONS APPLICABLE. The exemptions provided by Subchapter H, Chapter 151, apply to the taxes authorized by this chapter, except as provided by Sections 151.3251(d) and [Section] 151.317(b). SECTION 4. The change in law made by this Act does not affect tax liability accruing before the effective date of this Act. That liability continues in effect as if this Act had not been enacted, and the former law is continued in effect for the collection of taxes due and for civil and criminal enforcement of the liability for those taxes. SECTION 5. This Act takes effect September 1, 2013.