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Amend SB 1142 on third reading by adding the following
appropriately numbered SECTIONS to read as follows and renumbering
subsequent SECTIONS accordingly:
SECTION __. Subchapter E, Chapter 152, Tax Code, is amended
by adding Section 152.094 to read as follows:
Sec. 152.094. MOTOR VEHICLES USED IN TELEVISION, MOTION
PICTURE, VIDEO, OR AUDIO PRODUCTIONS. (a) In this section,
"nonbroadcast, industrial, or educational recorded material" means
material produced for instructional, educational, sales,
promotional, amusement, or entertainment purposes, regardless of
the medium used or the manner displayed or transmitted. The term
includes recording of events for sale to interested persons.
(b) The taxes imposed by this chapter do not apply to the
purchase, rental, or use of a motor vehicle used exclusively in
connection with the production for consideration of a television
film, commercial, or program, nonbroadcast, industrial, or
educational recorded material, a motion picture, or a video or
audio recording, a copy of which is sold or offered for ultimate
sale, licensed, distributed, broadcast, or otherwise commercially
exhibited.
(c) The tax that would have been remitted on gross rental
receipts without the exemption provided by this section is
considered to have been remitted for the purpose of computing the
minimum gross rental receipts tax imposed by Section 152.026.
SECTION __. Subchapter C, Chapter 156, Tax Code, is amended
by adding Section 156.105 to read as follows:
Sec. 156.105. EXCEPTION--PERSONS INVOLVED IN TELEVISION,
MOTION PICTURE, VIDEO, OR AUDIO PRODUCTIONS. (a) In this section,
"nonbroadcast, industrial, or educational recorded material" means
material produced for instructional, educational, sales,
promotional, amusement, or entertainment purposes, regardless of
the medium used or the manner displayed or transmitted. The term
includes recording of events for sale to interested persons.
(b) Subject to this section, this chapter does not impose a
tax on a person involved exclusively in the production for
consideration of a television film, commercial, or program,
nonbroadcast, industrial, or educational recorded material, a
motion picture, or a video or audio recording, a copy of which is
sold or offered for ultimate sale, licensed, distributed,
broadcast, or otherwise commercially exhibited, provided that the
person has the right to use or possess a room in one hotel or in a
series of two or more hotels for at least three consecutive days.
(c) A person otherwise excepted under this section shall pay
the tax imposed by this chapter and is entitled to a refund of the
amount of tax paid in accordance with Section 156.154.
SECTION __. Section 156.154(a), Tax Code, is amended to read
as follows:
(a) A governmental entity [that is] entitled under Section
156.103 or a person entitled under Section 156.105 to a refund of
taxes paid under this chapter must file a refund claim with the
comptroller.
SECTION __. The change in law made by this Act does not
affect taxes imposed before the effective date of this Act, and the
law in effect before the effective date of this Act is continued in
effect for the purposes of the liability for and collection of those
taxes.