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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption from sales and use taxes for certain |
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information provided by or on behalf of a homeowners' association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 151.0038(a), Tax Code, is amended to |
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read as follows: |
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(a) "Information service" means: |
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(1) furnishing general or specialized news or other |
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current information, including financial information, unless |
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furnished to [: |
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[(A)] a newspaper or to a radio or television |
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station licensed by the Federal Communications Commission; [or |
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[(B) a member of a homeowners association of a |
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residential subdivision or condominium development, and is |
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furnished by the association or on behalf of the association;] or |
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(2) electronic data retrieval or research. |
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SECTION 2. Section 151.0101, Tax Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) "Taxable services" does not include the provision of |
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information by or on behalf of a homeowners' association of a |
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residential subdivision or condominium development to a member of |
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the association or the member's representative, agent, lender, or |
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title company, including: |
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(1) a resale certificate; |
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(2) a condominium information statement; |
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(3) any financial information or other record about a |
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homeowners' association or a member's property; |
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(4) a copy of a declaration, restriction, or other |
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organizational document of a homeowners' association; or |
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(5) other similar information maintained by a |
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homeowners' association. |
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SECTION 3. The amendment made by this Act is a clarification |
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of existing law and does not imply that existing law may be |
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construed as inconsistent with the law as amended by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |