Tax Code §323.206

(a) The sales tax authorized by this chapter does not apply to the sale of a taxable item unless the sales tax imposed by Subchapter C , Chapter 151 , also applies to the sale. (b) The excise tax authorized by this chapter on the use, storage, or consumption of a taxable item does not apply to the use, storage, or consumption of an item unless the tax imposed by Subchapter D , Chapter 151 , also applies to the use, storage, or consumption. (c) Subsections (a) and (b) do not apply to the taxes authorized by this chapter on the sale, production, distribution, lease, or rental of, and the use, storage, or consumption of gas and electricity for residential use. (d) Subsection (b) does not apply to the application of the tax in a situation described by Section 323.205 (b).