1 | 1 | | 89R8408 JBD-F |
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2 | 2 | | By: Button H.B. No. 3303 |
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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 an exemption from sales and use taxes for exotic |
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10 | 10 | | animals. |
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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 151.316(a), Tax Code, is amended to read |
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13 | 13 | | as follows: |
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14 | 14 | | (a) Subject to Section 151.1551, the following items are |
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15 | 15 | | exempted from the taxes imposed by this chapter: |
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16 | 16 | | (1) horses, mules, and work animals; |
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17 | 17 | | (2) animal life the products of which ordinarily |
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18 | 18 | | constitute food for human consumption; |
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19 | 19 | | (3) feed for farm and ranch animals; |
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20 | 20 | | (4) feed for animals that are held for sale in the |
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21 | 21 | | regular course of business; |
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22 | 22 | | (5) seeds and annual plants the products of which: |
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23 | 23 | | (A) ordinarily constitute food for human |
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24 | 24 | | consumption; |
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25 | 25 | | (B) are to be sold in the regular course of |
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26 | 26 | | business; or |
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27 | 27 | | (C) are used to produce feed for animals exempted |
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28 | 28 | | by this section; |
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29 | 29 | | (6) fertilizers, fungicides, insecticides, |
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30 | 30 | | herbicides, defoliants, and desiccants exclusively used or |
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31 | 31 | | employed on a farm or ranch in the production of: |
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32 | 32 | | (A) food for human consumption; |
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33 | 33 | | (B) feed for animal life; or |
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34 | 34 | | (C) other agricultural products to be sold in the |
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35 | 35 | | regular course of business; |
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36 | 36 | | (7) machinery and equipment exclusively used or |
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37 | 37 | | employed on a farm or ranch in the building or maintaining of roads |
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38 | 38 | | or water facilities or in the production of: |
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39 | 39 | | (A) food for human consumption; |
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40 | 40 | | (B) grass; |
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41 | 41 | | (C) feed for animal life; or |
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42 | 42 | | (D) other agricultural products to be sold in the |
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43 | 43 | | regular course of business; |
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44 | 44 | | (8) machinery and equipment exclusively used in, and |
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45 | 45 | | pollution control equipment required as a result of, the |
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46 | 46 | | processing, packing, or marketing of agricultural products by an |
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47 | 47 | | original producer at a location operated by the original producer |
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48 | 48 | | for processing, packing, or marketing the producer's own products |
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49 | 49 | | if: |
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50 | 50 | | (A) 50 percent or more of the products processed, |
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51 | 51 | | packed, or marketed at or from the location are produced by the |
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52 | 52 | | original producer and not purchased or acquired from others; and |
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53 | 53 | | (B) the producer does not process, pack, or |
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54 | 54 | | market for consideration any agricultural products that belong to |
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55 | 55 | | other persons in an amount greater than five percent of the total |
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56 | 56 | | agricultural products processed, packed, or marketed by the |
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57 | 57 | | producer; |
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58 | 58 | | (9) ice exclusively used by commercial fishing boats |
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59 | 59 | | in the storing of aquatic species including but not limited to |
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60 | 60 | | shrimp, other crustaceans, finfish, mollusks, and other similar |
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61 | 61 | | creatures; |
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62 | 62 | | (10) tangible personal property, including a tire, |
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63 | 63 | | sold or used to be installed as a component part of a motor vehicle, |
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64 | 64 | | machinery, or other equipment exclusively used or employed on a |
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65 | 65 | | farm or ranch in the building or maintaining of roads or water |
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66 | 66 | | facilities or in the production of: |
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67 | 67 | | (A) food for human consumption; |
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68 | 68 | | (B) grass; |
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69 | 69 | | (C) feed for animal life; or |
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70 | 70 | | (D) other agricultural products to be sold in the |
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71 | 71 | | regular course of business; |
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72 | 72 | | (11) machinery and equipment exclusively used in an |
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73 | 73 | | agricultural aircraft operation, as defined by 14 C.F.R. Section |
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74 | 74 | | 137.3; |
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75 | 75 | | (12) tangible personal property incorporated into a |
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76 | 76 | | structure that is used for the disposal of poultry carcasses in |
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77 | 77 | | accordance with Section 26.303, Water Code; |
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78 | 78 | | (13) tangible personal property incorporated into or |
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79 | 79 | | attached to a structure that is located on a commercial dairy farm, |
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80 | 80 | | is used or employed exclusively for the production of milk, and is: |
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81 | 81 | | (A) a free-stall dairy barn; or |
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82 | 82 | | (B) a dairy structure used solely for maternity |
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83 | 83 | | purposes; [and] |
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84 | 84 | | (14) telecommunications services exclusively provided |
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85 | 85 | | or used for the navigation of machinery and equipment exclusively |
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86 | 86 | | used or employed on a farm or ranch in the building or maintaining |
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87 | 87 | | of roads or water facilities or in the production of: |
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88 | 88 | | (A) food for human consumption; |
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89 | 89 | | (B) grass; |
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90 | 90 | | (C) feed for animal life; or |
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91 | 91 | | (D) other agricultural products to be sold in the |
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92 | 92 | | regular course of business; and |
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93 | 93 | | (15) exotic animals, as defined by Section 23.51. |
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94 | 94 | | SECTION 2. The change in law made by this Act does not |
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95 | 95 | | affect tax liability accruing before the effective date of this |
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96 | 96 | | Act. That liability continues in effect as if this Act had not been |
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97 | 97 | | enacted, and the former law is continued in effect for the |
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98 | 98 | | collection of taxes due and for civil and criminal enforcement of |
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99 | 99 | | the liability for those taxes. |
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100 | 100 | | SECTION 3. This Act takes effect immediately if it receives |
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101 | 101 | | a vote of two-thirds of all the members elected to each house, as |
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102 | 102 | | provided by Section 39, Article III, Texas Constitution. If this |
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103 | 103 | | Act does not receive the vote necessary for immediate effect, this |
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104 | 104 | | Act takes effect September 1, 2025. |
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