Texas 2025 - 89th Regular

Texas House Bill HB135 Compare Versions

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11 89R18892 JBD-F
22 By: Button, Noble, Turner, Capriglione, H.B. No. 135
3- Meyer, et al.
4-
5-
3+ Meyer
4+ Substitute the following for H.B. No. 135:
5+ By: Capriglione C.S.H.B. No. 135
66
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 relating to exemptions from sales and use taxes for game animals and
1111 exotic animals.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 151.316(a), Tax Code, is amended to read
1414 as follows:
1515 (a) Subject to Section 151.1551, the following items are
1616 exempted from the taxes imposed by this chapter:
1717 (1) horses, mules, and work animals;
1818 (2) animal life the products of which ordinarily
1919 constitute food for human consumption;
2020 (3) feed for farm and ranch animals;
2121 (4) feed for animals that are held for sale in the
2222 regular course of business;
2323 (5) seeds and annual plants the products of which:
2424 (A) ordinarily constitute food for human
2525 consumption;
2626 (B) are to be sold in the regular course of
2727 business; or
2828 (C) are used to produce feed for animals exempted
2929 by this section;
3030 (6) fertilizers, fungicides, insecticides,
3131 herbicides, defoliants, and desiccants exclusively used or
3232 employed on a farm or ranch in the production of:
3333 (A) food for human consumption;
3434 (B) feed for animal life; or
3535 (C) other agricultural products to be sold in the
3636 regular course of business;
3737 (7) machinery and equipment exclusively used or
3838 employed on a farm or ranch in the building or maintaining of roads
3939 or water facilities or in the production of:
4040 (A) food for human consumption;
4141 (B) grass;
4242 (C) feed for animal life; or
4343 (D) other agricultural products to be sold in the
4444 regular course of business;
4545 (8) machinery and equipment exclusively used in, and
4646 pollution control equipment required as a result of, the
4747 processing, packing, or marketing of agricultural products by an
4848 original producer at a location operated by the original producer
4949 for processing, packing, or marketing the producer's own products
5050 if:
5151 (A) 50 percent or more of the products processed,
5252 packed, or marketed at or from the location are produced by the
5353 original producer and not purchased or acquired from others; and
5454 (B) the producer does not process, pack, or
5555 market for consideration any agricultural products that belong to
5656 other persons in an amount greater than five percent of the total
5757 agricultural products processed, packed, or marketed by the
5858 producer;
5959 (9) ice exclusively used by commercial fishing boats
6060 in the storing of aquatic species including but not limited to
6161 shrimp, other crustaceans, finfish, mollusks, and other similar
6262 creatures;
6363 (10) tangible personal property, including a tire,
6464 sold or used to be installed as a component part of a motor vehicle,
6565 machinery, or other equipment exclusively used or employed on a
6666 farm or ranch in the building or maintaining of roads or water
6767 facilities or in the production of:
6868 (A) food for human consumption;
6969 (B) grass;
7070 (C) feed for animal life; or
7171 (D) other agricultural products to be sold in the
7272 regular course of business;
7373 (11) machinery and equipment exclusively used in an
7474 agricultural aircraft operation, as defined by 14 C.F.R. Section
7575 137.3;
7676 (12) tangible personal property incorporated into a
7777 structure that is used for the disposal of poultry carcasses in
7878 accordance with Section 26.303, Water Code;
7979 (13) tangible personal property incorporated into or
8080 attached to a structure that is located on a commercial dairy farm,
8181 is used or employed exclusively for the production of milk, and is:
8282 (A) a free-stall dairy barn; or
8383 (B) a dairy structure used solely for maternity
8484 purposes; [and]
8585 (14) telecommunications services exclusively provided
8686 or used for the navigation of machinery and equipment exclusively
8787 used or employed on a farm or ranch in the building or maintaining
8888 of roads or water facilities or in the production of:
8989 (A) food for human consumption;
9090 (B) grass;
9191 (C) feed for animal life; or
9292 (D) other agricultural products to be sold in the
9393 regular course of business;
9494 (15) exotic animals, as defined by Section 23.51; and
9595 (16) game animals, as described by Section 63.001,
9696 Parks and Wildlife Code.
9797 SECTION 2. The change in law made by this Act does not
9898 affect tax liability accruing before the effective date of this
9999 Act. That liability continues in effect as if this Act had not been
100100 enacted, and the former law is continued in effect for the
101101 collection of taxes due and for civil and criminal enforcement of
102102 the liability for those taxes.
103103 SECTION 3. This Act takes effect immediately if it receives
104104 a vote of two-thirds of all the members elected to each house, as
105105 provided by Section 39, Article III, Texas Constitution. If this
106106 Act does not receive the vote necessary for immediate effect, this
107107 Act takes effect September 1, 2025.