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A BILL TO BE ENTITLED
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AN ACT
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relating to the exclusion of services provided by a marketplace |
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provider from the definition of data processing services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 151.0035(b) and (c), Tax Code, are |
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amended to read as follows: |
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(b) "Data processing service" does not include: |
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(1) the transcription of medical dictation by a |
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medical transcriptionist; |
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(2) services exclusively to encrypt electronic |
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payment information for acceptance onto a payment card network |
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described by Subdivision (3)(E) to comply with standards set by the |
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Payment Card Industry Security Standards Council; or |
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(3) settling of an electronic payment transaction by: |
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(A) a downstream payment processor or point of |
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sale payment processor that routes electronic payment information |
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to an entity described by Paragraph (C) or (E); |
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(B) a person who is engaged in the business of |
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money transmission and required to obtain a license under Section |
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151.302(a), Finance Code; |
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(C) a federally insured financial institution, |
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as defined by Section 201.101, Finance Code, that is organized |
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under the laws of this state, another state, or the United States, |
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or an affiliate of the institution; |
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(D) a person who has entered into a sponsorship |
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agreement with an entity described by Paragraph (C) for the purpose |
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of settling that entity's electronic payment transactions through a |
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payment card network; or |
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(E) a payment card network that allows a person |
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to accept a specific brand of debit or credit card by routing |
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information and data to settle an electronic payment transaction. |
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(4) services provided by a marketplace provider in |
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relation to the processing of a sale or payment for a marketplace |
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seller, as those terms are defined in Section 151.0242. |
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(c) For purposes of Subsection (b)(3): |
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(1) "Downstream payment processor" means a person |
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described by 7 T.A.C. Section 33.4(c), as that provision existed on |
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January 1, 2021. |
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(2) "Point of sale payment processor" means a person |
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described by 7 T.A.C. Section 33.4(d), as that provision existed on |
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January 1, 2021. |
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(3) "Settling of an electronic payment transaction" |
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means the authorization, clearing, or funding of a payment made by |
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credit card, debit card, gift card, stored value card, electronic |
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check, virtual currency, loyalty program currency such as points or |
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miles, or a similar method. The term does not include charges by a |
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marketplace provider, as that term is defined by Section 151.0242. |
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SECTION 2. APPLICABILITY OF FORMER LAW. The change in law |
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made by this Act does not affect tax liability accruing before the |
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effective date of this Act. That liability continues in effect as if |
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this Act had not been enacted, and the former law is continued in |
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effect for the collection of taxes due and for civil and criminal |
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enforcement of the liability for those taxes. |
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SECTION 3. This Act takes effect October 1, 2023. |