1 | | - | H.B. No. 1445 |
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| 1 | + | By: Oliverson, Meyer, Allison H.B. No. 1445 |
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| 2 | + | (Senate Sponsor - Nichols) |
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| 3 | + | (In the Senate - Received from the House April 8, 2021; |
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| 4 | + | April 8, 2021, read first time and referred to Committee on |
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| 5 | + | Finance; April 13, 2021, reported favorably by the following vote: |
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| 6 | + | Yeas 14, Nays 0; April 13, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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4 | 11 | | AN ACT |
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5 | 12 | | relating to the applicability of the sales and use tax to medical or |
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6 | 13 | | dental billing services. |
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7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 15 | | SECTION 1. Section 151.0039(b), Tax Code, is amended to |
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9 | 16 | | read as follows: |
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10 | 17 | | (b) "Insurance service" does not include: |
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11 | 18 | | (1) insurance coverage for which a premium is paid or |
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12 | 19 | | commissions paid to insurance agents for the sale of insurance or |
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13 | 20 | | annuities; |
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14 | 21 | | (2) a service performed on behalf of an insured by a |
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15 | 22 | | person licensed under Chapter 4102, Insurance Code; |
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16 | 23 | | (3) a service performed by a certified public |
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17 | 24 | | accountancy firm, if less than one percent of the firm's total |
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18 | 25 | | revenue in the prior calendar year is from services in this state |
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19 | 26 | | that would otherwise constitute insurance service under Subsection |
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20 | 27 | | (a); [or] |
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21 | 28 | | (4) a service performed on behalf of a certified |
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22 | 29 | | public accountancy firm by an owner of the firm or a member of the |
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23 | 30 | | firm's affiliated group, if less than one percent of the owner's or |
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24 | 31 | | member's total revenue in the prior calendar year is from services |
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25 | 32 | | in this state that would otherwise constitute insurance service |
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26 | 33 | | under Subsection (a); or |
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27 | 34 | | (5) a medical or dental billing service performed |
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28 | 35 | | before the original submission of: |
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29 | 36 | | (A) a medical or dental insurance claim related |
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30 | 37 | | to health or dental coverage; or |
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31 | 38 | | (B) a claim related to health or dental coverage |
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32 | 39 | | made to a medical assistance program funded by the federal |
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33 | 40 | | government, a state government, or both. |
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34 | 41 | | SECTION 2. Section 151.0039(c), Tax Code, is amended by |
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35 | 42 | | adding Subdivision (3) to read as follows: |
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36 | 43 | | (3) "Medical or dental billing service" means |
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37 | 44 | | assigning codes for the preparation of a medical or dental claim, |
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38 | 45 | | verifying medical or dental insurance eligibility, preparing a |
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39 | 46 | | medical or dental claim form for filing, and filing a medical or |
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40 | 47 | | dental claim. |
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41 | 48 | | SECTION 3. The change in law made by this Act does not |
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42 | 49 | | affect tax liability accruing before the effective date of this |
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43 | 50 | | Act. That liability continues in effect as if this Act had not been |
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44 | 51 | | enacted, and the former law is continued in effect for the |
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45 | 52 | | collection of taxes due and for civil and criminal enforcement of |
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46 | 53 | | the liability for those taxes. |
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47 | 54 | | SECTION 4. This Act takes effect January 1, 2022. |
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48 | | - | ______________________________ ______________________________ |
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49 | | - | President of the Senate Speaker of the House |
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50 | | - | I certify that H.B. No. 1445 was passed by the House on April |
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51 | | - | 7, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not |
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52 | | - | voting. |
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53 | | - | ______________________________ |
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54 | | - | Chief Clerk of the House |
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55 | | - | I certify that H.B. No. 1445 was passed by the Senate on April |
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56 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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57 | | - | ______________________________ |
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58 | | - | Secretary of the Senate |
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59 | | - | APPROVED: _____________________ |
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60 | | - | Date |
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61 | | - | _____________________ |
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62 | | - | Governor |
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| 55 | + | * * * * * |
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