89R4125 CJD-D
By: Parker S.B. No. 2317
A BILL TO BE ENTITLED
AN ACT
relating to the exemption from sales and use taxes for certain
information provided by or on behalf of a homeowners' association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 151.0038(a), Tax Code, is amended to
read as follows:
(a) "Information service" means:
(1) furnishing general or specialized news or other
current information, including financial information, unless
furnished to [:
[(A)] a newspaper or to a radio or television
station licensed by the Federal Communications Commission; [or
[(B) a member of a homeowners association of a
residential subdivision or condominium development, and is
furnished by the association or on behalf of the association;] or
(2) electronic data retrieval or research.
SECTION 2. Section 151.0101, Tax Code, is amended by adding
Subsection (c) to read as follows:
(c) "Taxable services" does not include the provision of
information by or on behalf of a homeowners' association of a
residential subdivision or condominium development to a member of
the association or the member's representative, agent, lender, or
title company, including:
(1) a resale certificate;
(2) a condominium information statement;
(3) any financial information or other record about a
homeowners' association or a member's property;
(4) a copy of a declaration, restriction, or other
organizational document of a homeowners' association; or
(5) other similar information maintained by a
homeowners' association.
SECTION 3. The amendment made by this Act is a clarification
of existing law and does not imply that existing law may be
construed as inconsistent with the law as amended by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.