Sec. 171.10131.  PROVISIONS RELATED TO CERTAIN MONEY RECEIVED FOR COVID-19 RELIEF.  (a)  In this section, "qualifying loan or grant proceeds" means the amount of money received by a taxable entity that:
(1)  is:
(A)  a loan or grant under the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. Section 9001 et seq.), as amended by the Paycheck Protection Program Flexibility Act of 2020 (Pub. L. No. 116-142), the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260), the American Rescue Plan Act of 2021 (Pub. L. No. 117-2), and the PPP Extension Act of 2021 (Pub. L. No. 117-6);
(B)  a shuttered venue operator grant under Section 324 of the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260), as amended by Section 5005 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2);
(C)  microloan program recovery assistance under Section 329 of the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260); or
(D)  a grant from the restaurant revitalization fund established under Section 5003 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2); and
(2)  is not included in the taxable entity's gross income for purposes of federal income taxation under:
(A)  Section 276 or 278 of the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260); or
(B)  Section 9672 or 9673 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2).
(b)  Notwithstanding any other law, a taxable entity:
(1)  shall exclude from its total revenue, to the extent included under Section 171.1011(c)(1)(A), (c)(2)(A), or (c)(3), qualifying loan or grant proceeds;
(2)  may include as a cost of goods sold under Section 171.1012 any expense paid using qualifying loan or grant proceeds to the extent the expense is otherwise includable as a cost of goods sold under that section; and
(3)  may include as compensation under Section 171.1013 any expense paid using qualifying loan or grant proceeds to the extent the expense is otherwise includable as compensation under that section.
Added by Acts 2021, 87th Leg., R.S., Ch. 4 (H.B. 1195), Sec. 1, eff. May 8, 2021.