HB3646 - Relating to the exemption from sales and use taxes for certain information provided by or on behalf of a homeowners' association.

  89R4125 CJD-D     By: Capriglione H.B. No. 3646       A BILL TO BE ENTITLED   AN ACT   relating to the exemption from sales and use taxes for certain   information provided by or on behalf of a homeowners' association.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 151.0038(a), Tax Code, is amended to   read as follows:          (a)  "Information service" means:                (1)  furnishing general or specialized news or other   current information, including financial information, unless   furnished to [ :                      [ (A) ]  a newspaper or to a radio or television   station licensed by the Federal Communications Commission; [ or                      [ (B)     a member of a homeowners association of a   residential subdivision or condominium development, and is   furnished by the association or on behalf of the association; ] or                (2)  electronic data retrieval or research.          SECTION 2.  Section 151.0101, Tax Code, is amended by adding   Subsection (c) to read as follows:           (c)     "Taxable services" does not include the provision of   information by or on behalf of a homeowners' association of a   residential subdivision or condominium development to a member of   the association or the member's representative, agent, lender, or   title company, including:                 (1)  a resale certificate;                 (2)  a condominium information statement;                 (3)     any financial information or other record about a   homeowners' association or a member's property;                 (4)     a copy of a declaration, restriction, or other   organizational document of a homeowners' association; or                 (5)     other similar information maintained by a   homeowners' association.          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, 2025.