Texas 2023 - 88th Regular

Texas Senate Bill SB5

Filed
3/10/23  
Out of Senate Committee
3/21/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to an exemption from ad valorem taxation of a portion of the appraised value of tangible personal property that is held or used for the production of income and a franchise tax credit for the payment of certain related ad valorem taxes.

Impact

The implications of SB5 on state laws include changes to the property tax framework, especially concerning tangible assets owned by businesses. This bill is expected to enhance the economic environment for businesses, granting them a $25,000 exemption per location on property assessed for income production. If passed, it also highlights a shift toward greater incentivization of localized business growth, representing a potential increase in overall state economic activity.

Summary

Senate Bill 5, also known as SB5, focuses on providing significant property tax relief to businesses in Texas by introducing an exemption from ad valorem taxation of a portion of the appraised value of tangible personal property utilized for income generation. The bill also incorporates a franchise tax credit designed to offset the burden of certain related ad valorem taxes. By targeting support particularly at small and medium businesses, the intent is to alleviate financial pressures and promote reinvestment in communities.

Sentiment

Overall sentiment regarding Senate Bill 5 is largely positive among supporters, particularly within the business community. Proponents argue that this legislation will significantly support job creation and economic development through tax relief, which is vital in a competitive market. Conversely, there are concerns from certain stakeholders about potential revenue reductions for local governments and how the bill might disproportionately favor larger enterprises over smaller, more vulnerable businesses.

Contention

Notable points of contention include worries raised about the impact of reduced property taxes on local governments' revenue streams, as this could hinder municipalities' ability to fund essential services. Additionally, the intricacies of applying and qualifying for tax credits may pose compliance challenges for some businesses, offering a mixed reception among diverse economic groups. The overall debate highlights the balance between fostering a robust business environment and maintaining sustainable public funding mechanisms.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 11. Taxable Property And Exemptions
    • Section: New Section
    • Section: New Section
  • Chapter 22. Renditions And Other Reports
    • Section: 01
    • Section: 01
  • Chapter 171. Franchise Tax
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 403. Comptroller Of Public Accounts
    • Section: 302

Companion Bills

TX SJR2

Enabling for Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation a portion of the market value of tangible personal property a person owns that is held or used for the production of income.

TX SJR2

Enabling for Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation a portion of the market value of tangible personal property a person owns that is held or used for the production of income.

Similar Bills

TX SB32

Relating to an exemption from ad valorem taxation of a portion of the appraised value of tangible personal property that is held or used for the production of income and a franchise tax credit for the payment of certain related ad valorem taxes.

TX HB3868

Relating to the appraisal for ad valorem tax purposes of tangible personal property held for sale at retail and a franchise tax credit based on the ad valorem taxes paid on such property.

TX SB1143

Relating to the appraisal for ad valorem tax purposes of tangible personal property held for sale at retail and a franchise tax credit based on the ad valorem taxes paid on such property.

TX HB3466

Relating to the appraisal for ad valorem tax purposes of dealer's heavy equipment inventory and the prepayment of taxes on that inventory.

TX HB734

Relating to the phasing out by 2027 of the ad valorem taxation by a school district of the tangible personal property a person owns that consists of inventory.

TX HB3776

Relating to the phasing out by 2025 of the ad valorem taxation by a school district of the tangible personal property a person owns that consists of inventory.

TX HB2476

Relating to the appraisal for ad valorem tax purposes of certain dealer's heavy equipment inventory; providing penalties.

TX HB3869

Relating to the appraisal for ad valorem tax purposes of tangible personal property held for sale at retail.