Texas Tax Code 154.601 – Nature of Tax
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(a) The tax imposed by this chapter is not an occupation tax.
(b) If a court of competent jurisdiction declares the tax imposed by this chapter to be an occupation tax:
(1) the legislature intends that the holding not affect the validity of the remaining provisions of this chapter; and
(2) the net revenue is allocated to the general revenue fund, except that one-fourth of the net revenue shall be transferred from the general revenue fund to the available school fund.
Terms Used In Texas Tax Code 154.601
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(c) A tax imposed by this chapter is in lieu of any other occupation or excise tax imposed by the state or a political subdivision of the state on cigarettes.