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  85R6439 TJB-D
 
  By: Guillen H.B. No. 1164
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of the sales and use tax to the lease or
  rental to a caterer of certain tangible personal property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 151.006, Tax Code, is amended by adding
  Subsection (e) to read as follows:
         (e)  A sale for resale includes the lease or rental of
  reusable tangible personal property to a caterer if the caterer
  uses the property in a sale of a taxable item. In this subsection,
  "caterer" means a person engaged in the business of preparing and
  serving meals, drinks, or other food products at locations
  designated by customers.
         SECTION 2.  The changes in law made by this Act do 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 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, 2017.