89R16430 CJC-D
By: Hunter H.B. No. 3486
A BILL TO BE ENTITLED
AN ACT
relating to a reduction in the amount of sales and use tax
collections that the owners of restaurants that purchase Texas
farm-raised oysters are required to remit to the comptroller of
public accounts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 151, Tax Code, is amended
by adding Section 151.4245 to read as follows:
Sec. 151.4245. DISCOUNT FOR CERTAIN TAXPAYERS PURCHASING
TEXAS FARM-RAISED OYSTERS. (a) In this section:
(1) "Food service establishment" has the meaning
assigned by Section 437.001, Health and Safety Code.
(2) "Texas farm-raised oyster" means an oyster
cultivated in the waters of this state in accordance with all
applicable state and federal regulations.
(b) A taxpayer may deduct and withhold from the taxpayer's
tax liability for a quarter or month in which a payment is made the
amount determined under Subsection (c) if the taxpayer owns a food
service establishment and purchases Texas farm-raised oysters to be
prepared and served at the establishment.
(c) A taxpayer may deduct and withhold from the taxpayer's
tax liability for a quarter or month for each food service
establishment for which a permit has been issued to the taxpayer
under this chapter the amount equal to $5 for every 100 Texas
farm-raised oysters purchased for preparation and service at the
food service establishment during the quarter or month, as
applicable.
(d) The comptroller may require a taxpayer to provide any
information the comptroller determines is reasonably necessary to
determine the accuracy of the amount deducted and withheld by the
taxpayer under this section.
(e) The comptroller may adopt rules necessary to implement
and administer this section.
SECTION 2. The change in law made by this Act does not
affect tax liability accruing before the effective date of this
Act. That liability continues in effect as if this Act had not been
enacted, and the former law is continued in effect for the
collection of taxes due and for civil and criminal enforcement of
the liability for those taxes.
SECTION 3. This Act takes effect October 1, 2025.