Relating to: an income tax exemption for cash tips paid to an employee. (FE)
AB 38 clarifies that cash tips received by employees from customers are taxable income under state law. It creates a new definition (71.05(1)(j)) specifying that "tips" include cash tips paid directly by customers, and amends multiple tax calculation sections to explicitly include "tips" in income categories for nonresident and part-year resident taxpayers. The bill updates formulas to ensure tips are counted when calculating taxable income for apportionment purposes, affecting tipped employees (like servers) and nonresidents earning tips in the state. This change ensures cash tips are treated consistently with other wages for tax purposes, without creating new exemptions.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Jan 2026
Assembly Passage
Jan 2026
Senate Passage
Governor
Introduced Feb 17, 2025
Last action Mar 23, 2026
Floor votes · Assembly Jan 15, 2026
How they voted
61–33
Passed
Total votes 94
Jan 15, 2026
D
Democratic43
76% Nay
R
Republican51
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
29
Key actions
6
Committee
6
Amendments
6
Mar 23, 2026
Amended
Failed to concur in pursuant to Senate Joint Resolution 1
upper
Jan 15, 2026
Lower · Passed
Read a third time and passed, Ayes 61, Noes 33, Paired 2
lower
Jan 15, 2026
Lower · Passed
Assembly Substitute Amendment 2 adopted
lower
Jan 15, 2026
Amended
Assembly Substitute Amendment 3 laid on table, Ayes 52, Noes 42
lower
Jan 15, 2026
Introduced
Assembly Substitute Amendment 3 offered by Representative Clancy
lower
Jan 14, 2026
Introduced
Assembly Substitute Amendment 2 offered by Representative Tusler
lower
Jan 13, 2026
Lower · Passed
Placed on calendar 1-15-2026 by Committee on Rules
lower
Nov 11, 2025
Lower · Passed
Executive action taken by joint survey committee on Tax Exemptions
lower
Nov 7, 2025
Committee
Referred to joint survey committee on Tax Exemptions pursuant to Assembly Rule 45 (4)
lower
Sep 15, 2025
Committee
Referred to committee on Rules
lower
Sep 15, 2025
Lower · Passed
Report passage as amended recommended by Committee on Ways and Means, Ayes 8, Noes 2
lower
Sep 15, 2025
Lower · Passed
Report Assembly Substitute Amendment 1 adoption recommended by Committee on Ways and Means, Ayes 10, Noes 0
lower
Aug 18, 2025
Introduced
Assembly Substitute Amendment 1 offered by Representative Tusler
lower
Feb 17, 2025
Introduced
Introduced by Representatives Tusler, Behnke, Green, Gundrum, Kreibich, Maxey, Mursau, Penterman, Piwowarczyk, Tittl, Tranel and Wichgers;
cosponsored by Senators Jacque, Bradley, Hutton, Cabral-Guevara, Feyen, Nass, Quinn and Tomczyk
lower
12 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Chanz Green
RRepublican
P
Chuck Wichgers
RRepublican
P
Dave Maxey
RRepublican
P
Elijah Behnke
RRepublican
P
Jeff Mursau
RRepublican
P
Jim Piwowarczyk
RRepublican
P
Paul Tittl
RRepublican
P
Rick Gundrum
RRepublican
P
Rob Kreibich
RRepublican
P
Ron Tusler
RRepublican
P
Travis Tranel
RRepublican
P
Will Penterman
RRepublican
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