84R6818 CBH-D By: Darby H.B. No. 3304 A BILL TO BE ENTITLED AN ACT relating to an exemption from the sales and use tax for tangible personal property sold to or used by certain state data center services providers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.3095 to read as follows: Sec. 151.3095. STATE DATA CENTER SERVICES PROVIDER. (a) In this section: (1) "Data center services program" means the program operated by the Department of Information Resources to provide fully managed server, mainframe, and bulk print and mail services. (2) "State data center services provider" means a person with which the Department of Information Resources contracts to provide hardware, software, tools, or technical staff to state agencies or for state agency use under the data center services program. (b) Tangible personal property sold to or used by a state data center services provider is exempted from the taxes imposed by this chapter if: (1) the tangible personal property is sold to or used by the state data center services provider on behalf of a state agency; and (2) the tangible personal property is used by the state agency or is used by the state data center services provider to provide services to the state agency under the data center services program. SECTION 2. 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 3. This Act takes effect September 1, 2015.