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A BILL TO BE ENTITLED
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AN ACT
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relating to a sales and use tax exemption for certain property and |
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services used in research and development activities performed in |
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conjunction with institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 151, Tax Code, is amended |
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by adding Section 151.3182 to read as follows: |
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Sec. 151.3182. CERTAIN PROPERTY AND SERVICES USED IN |
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RESEARCH AND DEVELOPMENT ACTIVITIES. (a) In this section: |
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(1) "Internal Revenue Code" means the Internal Revenue |
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Code of 1986 in effect on December 31, 2011, excluding any changes |
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made by federal law after that date, but including any regulations |
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adopted under that code applicable to the tax year to which the |
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provisions of the code in effect on that date applied. |
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(2) "Public or private institution of higher |
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education" means: |
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(A) an institution of higher education, as |
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defined by Section 61.003, Education Code; or |
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(B) a private or independent institution of |
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higher education, as defined by Section 61.003, Education Code. |
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(3) "Qualified research" and "qualified service" have |
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the meanings assigned by Section 41, Internal Revenue Code. |
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(b) The sale, storage, use, or other consumption of tangible |
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personal property directly used or consumed in qualified research |
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or of qualified services is exempted from the taxes imposed by this |
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chapter if the property or services are sold, leased, or rented to, |
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or stored, used, or consumed by, a person engaged in qualified |
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research under contracts with one or more public or private |
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institutions of higher education. |
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SECTION 2. Section 151.3182, Tax Code, as added by this Act, |
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does not affect tax liability accruing before the effective date of |
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this Act. That liability continues in effect as if this Act had not |
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been enacted, and the former law is continued in effect for the |
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collection of taxes due and for civil and criminal enforcement of |
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the liability for those taxes. |
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SECTION 3. This Act takes effect October 1, 2013. |