Texas 2025 - 89th Regular

Texas House Bill HB3303 Compare Versions

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11 89R8408 JBD-F
22 By: Button H.B. No. 3303
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to an exemption from sales and use taxes for exotic
1010 animals.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 151.316(a), Tax Code, is amended to read
1313 as follows:
1414 (a) Subject to Section 151.1551, the following items are
1515 exempted from the taxes imposed by this chapter:
1616 (1) horses, mules, and work animals;
1717 (2) animal life the products of which ordinarily
1818 constitute food for human consumption;
1919 (3) feed for farm and ranch animals;
2020 (4) feed for animals that are held for sale in the
2121 regular course of business;
2222 (5) seeds and annual plants the products of which:
2323 (A) ordinarily constitute food for human
2424 consumption;
2525 (B) are to be sold in the regular course of
2626 business; or
2727 (C) are used to produce feed for animals exempted
2828 by this section;
2929 (6) fertilizers, fungicides, insecticides,
3030 herbicides, defoliants, and desiccants exclusively used or
3131 employed on a farm or ranch in the production of:
3232 (A) food for human consumption;
3333 (B) feed for animal life; or
3434 (C) other agricultural products to be sold in the
3535 regular course of business;
3636 (7) machinery and equipment exclusively used or
3737 employed on a farm or ranch in the building or maintaining of roads
3838 or water facilities or in the production of:
3939 (A) food for human consumption;
4040 (B) grass;
4141 (C) feed for animal life; or
4242 (D) other agricultural products to be sold in the
4343 regular course of business;
4444 (8) machinery and equipment exclusively used in, and
4545 pollution control equipment required as a result of, the
4646 processing, packing, or marketing of agricultural products by an
4747 original producer at a location operated by the original producer
4848 for processing, packing, or marketing the producer's own products
4949 if:
5050 (A) 50 percent or more of the products processed,
5151 packed, or marketed at or from the location are produced by the
5252 original producer and not purchased or acquired from others; and
5353 (B) the producer does not process, pack, or
5454 market for consideration any agricultural products that belong to
5555 other persons in an amount greater than five percent of the total
5656 agricultural products processed, packed, or marketed by the
5757 producer;
5858 (9) ice exclusively used by commercial fishing boats
5959 in the storing of aquatic species including but not limited to
6060 shrimp, other crustaceans, finfish, mollusks, and other similar
6161 creatures;
6262 (10) tangible personal property, including a tire,
6363 sold or used to be installed as a component part of a motor vehicle,
6464 machinery, or other equipment exclusively used or employed on a
6565 farm or ranch in the building or maintaining of roads or water
6666 facilities or in the production of:
6767 (A) food for human consumption;
6868 (B) grass;
6969 (C) feed for animal life; or
7070 (D) other agricultural products to be sold in the
7171 regular course of business;
7272 (11) machinery and equipment exclusively used in an
7373 agricultural aircraft operation, as defined by 14 C.F.R. Section
7474 137.3;
7575 (12) tangible personal property incorporated into a
7676 structure that is used for the disposal of poultry carcasses in
7777 accordance with Section 26.303, Water Code;
7878 (13) tangible personal property incorporated into or
7979 attached to a structure that is located on a commercial dairy farm,
8080 is used or employed exclusively for the production of milk, and is:
8181 (A) a free-stall dairy barn; or
8282 (B) a dairy structure used solely for maternity
8383 purposes; [and]
8484 (14) telecommunications services exclusively provided
8585 or used for the navigation of machinery and equipment exclusively
8686 used or employed on a farm or ranch in the building or maintaining
8787 of roads or water facilities or in the production of:
8888 (A) food for human consumption;
8989 (B) grass;
9090 (C) feed for animal life; or
9191 (D) other agricultural products to be sold in the
9292 regular course of business; and
9393 (15) exotic animals, as defined by Section 23.51.
9494 SECTION 2. The change in law made by this Act does not
9595 affect tax liability accruing before the effective date of this
9696 Act. That liability continues in effect as if this Act had not been
9797 enacted, and the former law is continued in effect for the
9898 collection of taxes due and for civil and criminal enforcement of
9999 the liability for those taxes.
100100 SECTION 3. This Act takes effect immediately if it receives
101101 a vote of two-thirds of all the members elected to each house, as
102102 provided by Section 39, Article III, Texas Constitution. If this
103103 Act does not receive the vote necessary for immediate effect, this
104104 Act takes effect September 1, 2025.