Bill Text: TX HB3086 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the sales and use tax exemption for property used in the production of motion picture, video, or audio recordings and broadcasts.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-05-31 - Effective immediately [HB3086 Detail]

Download: Texas-2019-HB3086-Comm_Sub.html
 
 
  By: Cole (Senate Sponsor - Zaffirini) H.B. No. 3086
         (In the Senate - Received from the House April 11, 2019;
  April 15, 2019, read first time and referred to Committee on
  Finance; May 7, 2019, reported favorably by the following vote:  
  Yeas 14, Nays 0; May 7, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the sales and use tax exemption for property used in the
  production of motion picture, video, or audio recordings and
  broadcasts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 151.3185, Tax Code, is
  amended to read as follows:
         Sec. 151.3185. PROPERTY USED IN THE PRODUCTION OF MOTION
  PICTURE, [PICTURES OR] VIDEO, OR AUDIO RECORDINGS AND BROADCASTS.
         SECTION 2.  Section 151.3185, Tax Code, is amended by
  amending Subsections (a) and (e) and adding Subsection (h) to read
  as follows:
         (a)  The sale, lease, or rental or storage, use, or other
  consumption of the following items are exempted from the taxes
  imposed by this chapter:
               (1)  tangible personal property that will become an
  ingredient or component part of:
                     (A)  a motion picture, [or] video, or audio master
  recording, a copy of which is sold or offered for ultimate sale,
  licensed, distributed, broadcast, or otherwise exhibited for
  consideration; or
                     (B)  a broadcast by a producer of cable programs
  or by a radio or television station licensed by the Federal
  Communications Commission;
               (2)  tangible personal property that is necessary or
  essential to and used or consumed in or during:
                     (A)  the production of a motion picture, [or]
  video, or audio master recording, a copy of which is sold or offered
  for ultimate sale, licensed, distributed, broadcast, or otherwise
  exhibited for consideration; or
                     (B)  the production of a broadcast by or for a
  cable program producer or by or for a radio or television station
  licensed by the Federal Communications Commission; and
               (3)  except as provided by Subsection (c), services
  that are necessary and essential to and used directly in a
  production described by Subdivision (2)(A) or (B).
         (e)  The sale of a motion picture, video, or audio master
  recording by the producer of the master recording is exempt from the
  taxes imposed by this chapter.
         (h)  In this section, "master recording" means the principal
  media on which images, sound, or a combination of images and sound
  are first fixed and from which copies are commercially made
  available for sale, license, distribution, broadcast, or
  exhibition for consideration.
         SECTION 3.  The amendment made by this Act is a clarification
  of existing law and does not imply that existing law may be
  construed as inconsistent with the law as amended by this Act.
         SECTION 4.  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, 2019.
 
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