1 | 1 | | S.B. No. 1122 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the exclusion of certain medical services performed to |
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6 | 6 | | determine an appropriate level of workers' compensation benefits |
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7 | 7 | | from sales and use taxes. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 151.0039(b), Tax Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | (b) "Insurance service" does not include: |
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12 | 12 | | (1) insurance coverage for which a premium is paid or |
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13 | 13 | | commissions paid to insurance agents for the sale of insurance or |
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14 | 14 | | annuities; |
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15 | 15 | | (2) a service performed on behalf of an insured by a |
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16 | 16 | | person licensed under Chapter 4102, Insurance Code; |
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17 | 17 | | (3) a service performed by a certified public |
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18 | 18 | | accountancy firm, if less than one percent of the firm's total |
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19 | 19 | | revenue in the prior calendar year is from services in this state |
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20 | 20 | | that would otherwise constitute insurance service under Subsection |
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21 | 21 | | (a); |
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22 | 22 | | (4) a service performed on behalf of a certified |
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23 | 23 | | public accountancy firm by an owner of the firm or a member of the |
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24 | 24 | | firm's affiliated group, if less than one percent of the owner's or |
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25 | 25 | | member's total revenue in the prior calendar year is from services |
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26 | 26 | | in this state that would otherwise constitute insurance service |
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27 | 27 | | under Subsection (a); [or] |
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28 | 28 | | (5) a medical or dental billing service performed |
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29 | 29 | | before the original submission of: |
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30 | 30 | | (A) a medical or dental insurance claim related |
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31 | 31 | | to health or dental coverage; or |
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32 | 32 | | (B) a claim related to health or dental coverage |
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33 | 33 | | made to a medical assistance program funded by the federal |
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34 | 34 | | government, a state government, or both; or |
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35 | 35 | | (6) a medical service, examination, or test required |
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36 | 36 | | or authorized under Chapter 408, Labor Code, for the purpose of |
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37 | 37 | | determining the appropriate level of benefits under that chapter. |
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38 | 38 | | SECTION 2. The changes in law made by this Act do not affect |
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39 | 39 | | tax liability accruing before the effective date of this Act. That |
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40 | 40 | | liability continues in effect as if this Act had not been enacted, |
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41 | 41 | | and the former law is continued in effect for the collection of |
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42 | 42 | | taxes due and for civil and criminal enforcement of the liability |
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43 | 43 | | for those taxes. |
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44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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48 | 48 | | Act takes effect September 1, 2023. |
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49 | 49 | | ______________________________ ______________________________ |
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50 | 50 | | President of the Senate Speaker of the House |
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51 | 51 | | I hereby certify that S.B. No. 1122 passed the Senate on |
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52 | 52 | | April 12, 2023, by the following vote: Yeas 31, Nays 0. |
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53 | 53 | | ______________________________ |
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54 | 54 | | Secretary of the Senate |
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55 | 55 | | I hereby certify that S.B. No. 1122 passed the House on |
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56 | 56 | | May 19, 2023, by the following vote: Yeas 119, Nays 24, |
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57 | 57 | | two present not voting. |
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58 | 58 | | ______________________________ |
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59 | 59 | | Chief Clerk of the House |
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60 | 60 | | Approved: |
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61 | 61 | | ______________________________ |
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62 | 62 | | Date |
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63 | 63 | | ______________________________ |
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64 | 64 | | Governor |
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