Texas Senate Bill SB2001

Texas 2021 - 87th Regular

Caption

Relating to prohibiting the enactment of a law that imposes a tax on certain transactions that either convey a security or involve specified derivative contracts.

Impact

The proposed bill is set to take effect from January 1, 2022, only if a corresponding constitutional amendment is approved by voters. Should the amendment not pass, the bill would have no effect. The legislation is positioned to streamline the regulatory environment for securities transactions in Texas, which proponents argue could enhance the state's attractiveness to financial institutions and potentially bolster economic activity in the sector. By prohibiting specific taxes that could arise from local or state legislation, the bill seeks to create a more favorable business landscape for registered market operators, ideally leading to increased investment and job creation in the financial services industry.

Summary

Senate Bill 2001 aims to prohibit the enactment of any law that imposes a tax on transactions involving securities or certain derivative contracts operated by registered entities. This bill amends the Texas Tax Code, specifically adding a new provision that identifies various financial entities as 'Registered Securities Market Operators.' These entities include national securities exchanges and other organizations regulated by the U.S. Securities and Exchange Commission and the U.S. Commodities Futures Trading Commission. The intent behind this legislation is to support the financial market sector by ensuring that these operators are not burdened by additional taxes that could hinder their operations.

Contention

Opposition to SB2001 may arise from concerns that exempting securities transactions from taxation could lead to a disproportionate impact on state revenue, limiting funds available for public services. Critics may argue that while promoting business interests, the bill risks exacerbating inequalities in the financial sector and overlooks the potential need for regulatory measures that ensure fair taxation across different industries. Overall, the debate surrounding SB2001 reflects broader discussions about the role of state legislation in regulating financial markets and the balance between fostering economic growth and ensuring equitable taxation.