Bill Text: TX HB4054 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the application of sales and use taxes to certain food items.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB4054 Detail]
Download: Texas-2017-HB4054-Enrolled.html
H.B. No. 4054 |
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relating to the application of sales and use taxes to certain food | ||
items. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 151.314, Tax Code, is amended by adding | ||
Subsection (b-2) and amending Subsections (c-2) and (c-3) to read | ||
as follows: | ||
(b-2) For purposes of this section: | ||
(1) "Bakery" means a retail location that primarily | ||
sells bakery items from a display case or counter, predominantly | ||
for consumption off the premises. | ||
(2) "Bakery items" means bread, rolls, buns, biscuits, | ||
bagels, croissants, pastries, doughnuts, Danish, cakes, tortes, | ||
pies, tarts, muffins, bars, cookies, tortillas, and similar items. | ||
(c-2) The exemption provided by Subsection (a) does not | ||
include the following prepared food: | ||
(1) except as provided by Subsection (c-3)(1), food, | ||
food products, and drinks, including meals, milk and milk products, | ||
fruit and fruit products, sandwiches, salads, processed meats and | ||
seafoods, vegetable juice, and ice cream in cones or small cups, | ||
served, prepared, or sold ready for immediate consumption by | ||
restaurants, lunch counters, cafeterias, delis, vending machines, | ||
hotels, or like places of business or sold ready for immediate | ||
consumption from pushcarts, motor vehicles, or any other form of | ||
vehicle; | ||
(2) except as provided by Subsection (c-3)(1), food | ||
sold in a heated state or heated by the seller; or | ||
(3) two or more food ingredients mixed or combined by | ||
the seller for sale as a single item, including items that are sold | ||
in an unheated state by weight or volume as a single item, but not | ||
including food that is only cut, repackaged, or pasteurized by the | ||
seller. | ||
(c-3) The exemption provided by Subsection (a) includes: | ||
(1) bakery items sold by a bakery, regardless of | ||
whether the items are: | ||
(A) heated by the consumer or seller; or | ||
(B) served with plates or other eating utensils; | ||
(2) bakery items sold at a retail location other than a | ||
bakery without plates or other eating utensils[ |
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(3) [ |
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containing these raw animal foods, that require cooking by the | ||
consumer as recommended by the Food and Drug Administration in | ||
Chapter 3, Section 401.11 of its Food Code to prevent food-borne | ||
illness and any other food that requires cooking by the consumer | ||
before the food is edible. | ||
SECTION 2. The change in law made by this Act does 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 September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4054 was passed by the House on May 3, | ||
2017, by the following vote: Yeas 146, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 4054 on May 21, 2017, by the following vote: Yeas 140, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4054 was passed by the Senate, with | ||
amendments, on May 19, 2017, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |