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TX 200003153L Sales and/or Use Tax (State,Local,MTA) 2000-03-30

After the Governor declared Tarrant County a disaster area, is labor to repair damaged property in the area exempt from Texas sales tax?

Short answer: Yes. Once the Governor declares an area a disaster area, labor to restore real or tangible personal property damaged within that area by the condition that caused the disaster declaration is exempt from sales tax under Tex. Tax Code § 151.350. This letter specifically confirms the exemption extends to damaged real and tangible personal property in the disaster area belonging to electric and gas utilities.

Apply this to your situation

This page answers the general question as of 2000. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 2000
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official Texas Comptroller of Public Accounts letter published on the State Tax Automated Research (STAR) system. Letters on STAR can be the basis of a detrimental reliance claim only for the taxpayer to whom the letter was directly issued (see 34 Tex. Admin. Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded. Taxpayer-identifying details are redacted. This summary is informational only and is not legal or tax advice. Consult a licensed Texas tax professional about your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page) is the authoritative source for any reliance.

Plain-English summary

Following a Comptroller news release about tax relief for Tarrant County, someone wrote in asking about the disaster relief after Governor Bush declared Tarrant County a disaster area. The Comptroller confirmed: labor to restore real or tangible personal property damaged within the disaster area by the condition that caused the disaster declaration is exempt from sales tax, under Tex. Tax Code § 151.350. This letter specifically confirms the exemption extends to damaged real and tangible personal property belonging to electric and gas utilities within the disaster area.

What this means for you

Property owners, contractors, and utilities in a Governor-declared disaster area

Repair labor to restore property damaged by the specific condition that triggered the disaster declaration is exempt from sales tax under § 151.350 — this letter confirms that exemption reaches electric and gas utility property specifically, not just typical residential/commercial real property.

Electric and gas utility companies

If your equipment or facilities are damaged by a condition that led to a Governor's disaster declaration in the affected county, repair labor on that damaged property is exempt from sales tax, per this letter's confirmation.

Accountants and tax professionals

A useful example applying the general § 151.350 disaster-area repair-labor exemption specifically to utility-owned property, confirming it isn't limited to typical residential/commercial buildings.

Common questions

Q: Is repair labor on property damaged by a Governor-declared disaster exempt from sales tax?
A: Yes, under Tex. Tax Code § 151.350, as long as the damage was caused by the condition that led to the disaster declaration.

Q: Does this exemption cover electric and gas utility property?
A: Yes, this letter confirms the exemption applies to damaged real and tangible personal property belonging to electric and gas utilities within the disaster area.

Q: Can I rely on this letter for a different disaster declaration or property type?
A: No. This opinion is based on the facts presented; additional or different facts could change the answer.

Citations and references

Statutes:

  • Tex. Tax Code § 151.350 (disaster area repair labor exemption)

Source

Original ruling text

March 30, 2000




Subject: Comptroller News Release 03/29/00 - Tax Relief to Tarrant

Dear **:

Thank you for your recent email concerning Tarrant County disaster relief.

Governor Bush declared Tarrant County a disaster area. The labor to restore
real or tangible personal property damaged within the area by the condition
that caused the area to be declared a disaster area is exempt from sales tax.
The exemption applies to damaged real and tangible personal property in the
disaster area belonging to electric and gas utilities. See Texas Tax Code
Section 151.350.

You may view or down load the sales tax law at and
then click on the following:

  1. State Government
  2. Texas Statutes
  3. Tax Code
  4. Chapter 151
  5. Scroll down to the referenced statutory section

This opinion is based on the facts presented. If there are additional or
different facts, the opinion may change.

You may call me toll free 1-800-531-5441, extension 3-4683, if you have any
questions or need more information. You may write to Tax Policy Division,
Comptroller of Public Accounts, P.O. Box 13528, Austin, Texas 78711-3825. My
e-mail address is .

Sincerely,

Eddie C. Washington
Tax Policy Division

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