The State of Texas Targets Small Rescues

The GREAT STATE OF TEXAS has decided to unfairly charge sales and use taxes for rescues that have foster programs and not a shelter. In fact, they are actively pursuing uncollected sales and use taxes, penalties and interest as far back as 2004. Texas does not charge sales and use tax for SHELTER adoptions. HOWEVER, they have decided to single out individual rescues that are not shelters due to bad wording in the tax code. Big shelters get the break but 501.(c)(3) rescues that foster dogs and cats in a loving home environment get the BIG SCREW. This will cost lives. This action will take precious resources away from medical treatments, basic veterinary care, food and supplies. It will take money to fight back charges on taxes the rescues cannot go back in time and collect, which could quickly add up to thousands and thousands of dollars. There are hundreds of pet rescues that perform a great service. Those rescues save hundreds of thousands of pets and provide medical care and time to heal in loving homes. The rescues typically have adoption applications with home inspections to make sure the adopted pets go to safe, loving homes. These rescues provided a huge service to the communities of Texas. This new fundraising strategy by the State of Texas is a tragedy in the making.

I am normally a big supporter of my great State, but this is a low blow. I am not interested in POLITICS at all, but I am interest in this horrible choice as a State form of fundraising. If this continues, many small rescues will be out of the business of saving furry abused, neglected, and abandoned pets. Nobody profits from that… Not even Texas.

Please help me in sharing your complete shock and horror at this sick turn of events. Reach out to anyone you know to stop the forward progression of this horrible situation.

What to do?

There needs to be an immediate cease and desist on this activity.

The wording of the Tax Statute needs to be changed:

Current Wording:

Administrative Code 34, Part 1, Chapter 3 §O Rule 3.316

(l) Sales by religious, educational, charitable organizations, and organizations classified as 501(c)(3), (4), (8), (10), or (19).

(m) Sales by nonprofit animal shelters. The sale, including the acceptance of a fee for adoption, of an animal by a nonprofit animal shelter is exempt from sales and use taxes. The term "animal shelter" is defined in Health and Safety Code, §823.001, as a facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals.

It needs to be amended as follows:

(M) Sales by nonprofit animal shelters and rescue organizations. The sale, including the acceptance of a fee for adoption, of an animal by a nonprofit animal shelter or 501.(c)(3) rescue is exempt from sales and use taxes. The term “animal shelter” is defined in Health and Safety Code, §823.001, as a facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals. The term 501.(c)(3) animal rescue is one that is recognized by the Internal Revenue Service as one operating for the purpose of saving, homeless, abandoned, or unwanted animals and is in good standing with the IRS.

Please spread the word to as many people as you can including campaign contributors, Senators, Congressmen, and people you know with influence. You can also copy this text and send it to:

Glenn Hegar, Texas Comptroller’s Office, P.O. Box 13528, Austin, Texas 78711

Dennis Bonnen, House Speaker, 122 E. Myrtle, Angleton, Texas 77515

Dan Patrick, Office of the Lieutenant Governor, P.O. Box 12068, Austin, Texas 78711