1 | 1 | | 89R3585 CJD-D |
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2 | 2 | | By: Curry H.B. No. 2481 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the exemption from sales and use taxes for clothing, |
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10 | 10 | | footwear, and certain school-related items. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 151.326, Tax Code, is amended by |
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13 | 13 | | amending Subsection (a) and adding Subsection (c) to read as |
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14 | 14 | | follows: |
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15 | 15 | | (a) The sale of an article of clothing or footwear designed |
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16 | 16 | | to be worn on or about the human body is exempted from the taxes |
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17 | 17 | | imposed by this chapter if: |
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18 | 18 | | (1) the sales price of the article is less than $150 |
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19 | 19 | | [$100]; and |
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20 | 20 | | (2) the sale takes place during a period beginning at |
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21 | 21 | | 12:01 a.m. on the Friday before the 15th day preceding the uniform |
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22 | 22 | | date prescribed by Section 25.0811(a), Education Code, without |
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23 | 23 | | regard to any exception authorized by that section, before which a |
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24 | 24 | | school district may not begin instruction for the school year, and |
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25 | 25 | | ending at 12 midnight on the following Sunday. |
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26 | 26 | | (c) Beginning in 2026, on January 1 of each year, the amount |
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27 | 27 | | prescribed by Subsection (a) is increased by an amount equal to the |
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28 | 28 | | amount prescribed by that subsection on December 31 of the |
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29 | 29 | | preceding year multiplied by the percentage increase, if any, |
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30 | 30 | | during the preceding state fiscal year in the consumer price index |
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31 | 31 | | and rounded to the nearest dollar. In this subsection, "consumer |
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32 | 32 | | price index" means the average over a state fiscal year of the |
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33 | 33 | | Consumer Price Index for All Urban Consumers (CPI-U), U.S. City |
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34 | 34 | | Average, published monthly by the United States Bureau of Labor |
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35 | 35 | | Statistics, or its successor in function. |
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36 | 36 | | SECTION 2. Section 151.327, Tax Code, is amended by |
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37 | 37 | | amending Subsection (a-1) and adding Subsection (c) to read as |
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38 | 38 | | follows: |
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39 | 39 | | (a-1) The sale or storage, use, or other consumption of a |
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40 | 40 | | school supply or a school backpack is exempted from the taxes |
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41 | 41 | | imposed by this chapter if the school supply or backpack is |
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42 | 42 | | purchased: |
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43 | 43 | | (1) for use by a student in a public or private |
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44 | 44 | | elementary or secondary school; |
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45 | 45 | | (2) during the period described by Section |
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46 | 46 | | 151.326(a)(2); and |
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47 | 47 | | (3) for a sales price of less than $150 [$100]. |
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48 | 48 | | (c) Beginning in 2026, on January 1 of each year, the amount |
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49 | 49 | | prescribed by Subsection (a-1) is increased by an amount equal to |
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50 | 50 | | the amount prescribed by that subsection on December 31 of the |
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51 | 51 | | preceding year multiplied by the percentage increase, if any, |
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52 | 52 | | during the preceding state fiscal year in the consumer price index |
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53 | 53 | | and rounded to the nearest dollar. In this subsection, "consumer |
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54 | 54 | | price index" means the average over a state fiscal year of the |
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55 | 55 | | Consumer Price Index for All Urban Consumers (CPI-U), U.S. City |
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56 | 56 | | Average, published monthly by the United States Bureau of Labor |
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57 | 57 | | Statistics, or its successor in function. |
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58 | 58 | | SECTION 3. The change in law made by this Act does not |
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59 | 59 | | affect taxes imposed before the effective date of this Act, and the |
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60 | 60 | | law in effect before the effective date of this Act is continued in |
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61 | 61 | | effect for purposes of the liability for and collection of those |
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62 | 62 | | taxes. |
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63 | 63 | | SECTION 4. This Act takes effect immediately if it receives |
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64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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67 | 67 | | Act takes effect September 1, 2025. |
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