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  81R2264 KLA-D
 
  By: McCall H.B. No. 3190
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an exemption from the sales tax for nonvehicular fuel
  cells.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
  by adding Section 151.358 to read as follows:
         Sec. 151.358.  NONVEHICULAR FUEL CELLS.  (a)  In this
  section, "fuel cell" means a device that uses fuel, oxygen, and a
  catalyst to generate electricity by electrochemical means.
         (b)  The sale, use, or other consumption of a fuel cell is
  exempted from the taxes imposed by this chapter unless the fuel cell
  is designed to be the source of motive power of a vehicle or
  provides the motive power of a vehicle.
         (c)  This section expires January 1, 2017.
         SECTION 2.  This Act takes effect September 1, 2009.