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Mar 15, 2023

Bill exempting feminine hygiene products, diaper from sales taxes moves through Texas Senate

Texas offers sale tax exemptions for supplies deemed necessary for life, such as most food and health-related items. Feminine hygiene products are excluded from that list.

AUSTIN — The Texas Senate Finance Committee heard public testimony on a bill that would exempt feminine hygiene products, diapers and other items from sales taxes.

HB 300, filed by state Rep. Donna Howard, an Austin Democrat, exempts, among other essential baby items, diapers and wipes, along with feminine hygiene products from the state's sales tax, helping to make those items for mothers and families in the state more affordable.

It passed in the House in March and was named a top priority by House Speaker Dade Phelan, a Republican.

"House Bill 300 would help Texans by alleviating part of the financial burden they have when purchasing some of the essential products they need to take care of themselves and their families," said bill sponsor state Sen. Joan Huffman, R-Houston.

Huffman added that the bill includes a sales and use-tax exemption for adult and children diapers, baby wipes and bottles, feminine hygiene products, maternity clothing and breast milk pumping supplies.

"Members, undoubtedly House Bill 300 would positively impact millions of Texans if passed into law," Huffman said.

Holly McDaniel, executive director of the Austin Diaper Bank, said while the bill will obviously help those who live in poverty, it will also greatly help those who don't. She said 40% of the families her organization serves do not qualify as living in poverty, but they are living paycheck to paycheck.

"They've done everything right. Their kids are thriving and doing really well. They're going to their jobs, they're paying their bills, but they get to the end of the month and then they can't afford the last little bits of basic needs, whatever that looks like," McDaniel said. "This bill will help those families."

In addition to the support it provides to families with young children, the bill includes adult diapers.

Kathy Green, with AARP Texas, said this will be especially helpful to the organization's 2.3 million members, many of whom live on fixed incomes. Medicaid also does not cover adult diapers.

"Whether it's because of surgery, medical condition, a disability, or simply aging, this will allow these adults to afford adult diapers better," Green said.

The bill was left pending in committee.

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