Sec. 151.330. INTERSTATE SHIPMENTS, COMMON CARRIERS, AND SERVICES ACROSS STATE LINES. (a) The sale of tangible personal property that under the sales contract is shipped to a point outside this state is exempted from the sales tax imposed by Subchapter C of this chapter if the shipment is made by the seller by means of:
(1) the facilities of the seller;
(2) delivery by the seller to a carrier for shipment to a consignee at a point outside this state; or
(3) delivery by the seller to a forwarding agent for shipment to a location in another state of the United States or its territories or possessions.
(b) The temporary storage of tangible personal property acquired outside this state and then moved into this state is exempted from the use tax imposed by Subchapter D of this chapter if after being moved into this state the property is stored here temporarily and:
(1) is used solely outside this state; or
(2) is physically attached to or incorporated into other tangible personal property that is used solely outside this state.
(c) The storage, use, or other consumption of tangible personal property that is acquired outside this state is exempted from the use tax imposed by Subchapter D of this chapter if the sale, use, or storage of the property would be exempted from the taxes imposed by this chapter had it been sold, leased, or rented in this state.
(d) If, pursuant to Subdivision (2) of Subsection (a) of this section a delivery is made to a carrier for shipment to a location outside the United States, then the seller must maintain the same documents required by Subsection (b) of Section 151.307 of this chapter.
(e) Services performed for use outside this state are exempt from the tax imposed by Subchapter C of this chapter.
(f) Services performed for use both within and outside this state are exempt to the extent the services are for use outside this state and made taxable on or after September 1, 1987.
(g) The exemption provided by Subsections (e) and (f) of this section do not apply to services performed outside this state for use within this state.
(h) The sale of tangible personal property to a common carrier is exempted from the sales tax imposed by Subchapter C if the tangible personal property:
(1) is shipped to a point outside this state using the purchasing carrier's facilities under a bill of lading; and
(2) is actually transported to the out-of-state destination for use by the carrier in the conduct of its business as a common carrier outside this state.
(i) The storage or use of tangible personal property acquired outside this state for use as a repair or replacement part for and actually affixed in this state to a self-propelled vehicle that is used as a licensed and certificated common carrier of persons or property is exempted from the use tax imposed by Subchapter D.
Acts 1981, 67th Leg., p. 1568, ch. 389, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1985, 69th Leg., ch. 74, Sec. 1, eff. Oct. 1, 1985; Acts 1985, 69th Leg., ch. 235, Sec. 2, 3, eff. Aug. 26, 1985; Acts 1987, 70th Leg., 2nd C.S., ch. 5, art. 1, pt. 4, Sec. 28; Acts 1993, 73rd Leg., ch. 587, Sec. 16, eff. Oct. 1, 1993; Acts 1997, 75th Leg., ch. 1040, Sec. 24, eff. Oct. 1, 1997.
Structure Texas Statutes
Subtitle E - Sales, Excise, and Use Taxes
Chapter 151 - Limited Sales, Excise, and Use Tax
Section 151.301. "Exempted From the Taxes Imposed by This Chapter"
Section 151.302. Sales for Resale
Section 151.3021. Packaging Supplies and Wrapping
Section 151.303. Previously Taxed Items: Use Tax Exemption or Credit
Section 151.304. Occasional Sales
Section 151.305. Coin-Operated Machine Sales
Section 151.3051. Sales Through Certain Vending Machines
Section 151.306. Transfers of Common Interests in Property
Section 151.307. Exemptions Required by Prevailing Law
Section 151.3071. Installation of Certain Equipment for Export
Section 151.308. Items Taxed by Other Law
Section 151.309. Governmental Entities
Section 151.310. Religious, Educational, and Public Service Organizations
Section 151.3101. Amusement Services Exemptions
Section 151.3102. Sale by Nonprofit Organization at County Fair
Section 151.3105. Bingo Equipment Purchased by Certain Organizations
Section 151.3111. Services on Certain Exempted Personal Property
Section 151.313. Health Care Supplies
Section 151.3131. Firearm Safety Equipment
Section 151.314. Food and Food Products
Section 151.3141. Food Stamp Purchases
Section 151.316. Agricultural Items
Section 151.3162. Timber Items
Section 151.317. Gas and Electricity
Section 151.318. Property Used in Manufacturing
Section 151.3181. Divergent Use of Property Used in Manufacturing
Section 151.3186. Property Used in Cable Television, Internet Access, or Telecommunications Services
Section 151.319. Newspapers and Property Used in Newspaper Publication
Section 151.321. University and College Student Organizations
Section 151.323. Certain Telecommunications Services
Section 151.324. Equipment Used Elsewhere for Mineral Exploration or Production
Section 151.325. Basic Fee for Internet Access Service
Section 151.326. Clothing and Footwear for Limited Period
Section 151.327. School Supplies and School Backpacks Before Start of School
Section 151.329. Certain Ships and Ship Equipment
Section 151.3291. Boats and Boat Motors
Section 151.330. Interstate Shipments, Common Carriers, and Services Across State Lines
Section 151.331. Rolling Stock; Train Fuel and Supplies
Section 151.332. Certain Sales by Senior Citizen Organizations
Section 151.333. Energy-Efficient Products
Section 151.3335. Water-Efficient Products
Section 151.336. Certain Coins and Precious Metals
Section 151.337. Sales by or to Indian Tribes
Section 151.338. Environment and Conservation Services
Section 151.339. Preexisting Contracts and Bids
Section 151.340. Official State Coin
Section 151.341. Items Sold to or Used by Development Corporations
Section 151.342. Agribusiness Items
Section 151.343. Animals Sold by Nonprofit Animal Shelters or Nonprofit Animal Welfare Organizations
Section 151.344. Post Exchanges on State Military Property
Section 151.346. Intercorporate Services
Section 151.347. Certain Lawn and Yard Service
Section 151.348. Cooperative Research and Development Ventures
Section 151.350. Labor to Restore Certain Property
Section 151.3501. Labor to Restore, Repair, or Remodel Historic Sites
Section 151.3503. Services by Employees
Section 151.351. Information Services and Data Processing Services
Section 151.353. Court Reporting Services
Section 151.354. Services by Employees of Property Management Companies
Section 151.355. Water-Related Exemptions
Section 151.356. Offshore Spill Response Containment Property
Section 151.3565. Emergency Preparation Supplies for Limited Period
Section 151.359. Property Used in Certain Data Centers; Temporary Exemption
Section 151.3595. Property Used in Certain Large Data Center Projects; Temporary Exemption