Texas 2009 81st Regular

Texas House Bill HB3895 Introduced / Fiscal Note

Filed 02/01/2025

Download
.pdf .doc .html
                    LEGISLATIVE BUDGET BOARD    Austin, Texas      FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION            April 19, 2009      TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means      FROM: John S. O'Brien, Director, Legislative Budget Board     IN RE:HB3895 by Oliveira (Relating to the sales tax on computer program services.), As Introduced   Estimated Two-year Net Impact to General Revenue Related Funds for HB3895, As Introduced: a positive impact of $289,630,000 through the biennium ending August 31, 2011, if the effective date of the bill is July 1, 2009; or a positive impact of $256,403,000 through the biennium ending August 31, 2011, if the effective date of the bill is October 1, 2009. 

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 19, 2009





  TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means      FROM: John S. O'Brien, Director, Legislative Budget Board     IN RE:HB3895 by Oliveira (Relating to the sales tax on computer program services.), As Introduced  

TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB3895 by Oliveira (Relating to the sales tax on computer program services.), As Introduced

 Honorable Rene Oliveira, Chair, House Committee on Ways & Means 

 Honorable Rene Oliveira, Chair, House Committee on Ways & Means 

 John S. O'Brien, Director, Legislative Budget Board

 John S. O'Brien, Director, Legislative Budget Board

HB3895 by Oliveira (Relating to the sales tax on computer program services.), As Introduced

HB3895 by Oliveira (Relating to the sales tax on computer program services.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for HB3895, As Introduced: a positive impact of $289,630,000 through the biennium ending August 31, 2011, if the effective date of the bill is July 1, 2009; or a positive impact of $256,403,000 through the biennium ending August 31, 2011, if the effective date of the bill is October 1, 2009. 

Estimated Two-year Net Impact to General Revenue Related Funds for HB3895, As Introduced: a positive impact of $289,630,000 through the biennium ending August 31, 2011, if the effective date of the bill is July 1, 2009; or a positive impact of $256,403,000 through the biennium ending August 31, 2011, if the effective date of the bill is October 1, 2009.

General Revenue-Related Funds, Six-Year Impact:  Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds  2009 $10,648,000   2010 $135,472,000   2011 $143,510,000   2012 $152,266,000   2013 $160,941,000   2014 $169,954,000    


2009 $10,648,000
2010 $135,472,000
2011 $143,510,000
2012 $152,266,000
2013 $160,941,000
2014 $169,954,000

General Revenue-Related Funds, Five-Year Impact:  Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds  2010 $112,893,000   2011 $143,510,000   2012 $152,266,000   2013 $160,941,000   2014 $169,954,000    


2010 $112,893,000
2011 $143,510,000
2012 $152,266,000
2013 $160,941,000
2014 $169,954,000

 All Funds, Six-Year Impact:  Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1  Probable Revenue Gain fromCities Probable Revenue Gain fromTransit Authorities Probable Revenue Gain fromCounties   2009 $10,648,000 $0 $0 $0   2010 $135,472,000 $25,195,000 $8,714,000 $3,560,000   2011 $143,510,000 $26,690,000 $9,231,000 $3,771,000   2012 $152,266,000 $28,318,000 $9,794,000 $4,002,000   2013 $160,941,000 $29,932,000 $10,352,000 $4,230,000   2014 $169,954,000 $31,608,000 $10,931,000 $4,466,000    The above table assumes an effective date of July 1, 2009.  The table below assumes an effective date of October 1, 2009.    Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1  Probable Revenue Gain fromCities Probable Revenue Gain fromTransit Authorities Probable Revenue Gain fromCounties   2010 $112,893,000 $18,896,000 $6,535,000 $2,670,000   2011 $143,510,000 $26,960,000 $9,231,000 $3,771,000   2012 $152,266,000 $28,318,000 $9,794,000 $4,002,000   2013 $160,941,000 $29,932,000 $10,352,000 $4,230,000   2014 $169,954,000 $31,608,000 $10,931,000 $4,466,000   Fiscal Analysis The bill would amend Chapter 151 of the Tax Code, regarding the sales tax. The bill would eliminate the sales tax exception for the repair, maintenance, creation, and restoration of computer programs from the definition of "taxable services." Under this bill, these services would become subject to taxation. The bill would take effect July 1, 2009, assuming that it received the requisite two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect October 1, 2009. Methodology The fiscal impact was estimated based on data on the Texas sale of custom computer programming services gathered from the U.S. Bureau of the Census. Sales were multiplied by the state sales tax rate; adjusted for potential effective dates of July 1, 2009 and October 1, 2009; and extrapolated through fiscal 2014.  Local Government Impact There would be a proportional gain of sales tax revenue to units of local government.    Source Agencies:304 Comptroller of Public Accounts   LBB Staff:  JOB, MN, SD, KK    

  Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1  Probable Revenue Gain fromCities Probable Revenue Gain fromTransit Authorities Probable Revenue Gain fromCounties   2009 $10,648,000 $0 $0 $0   2010 $135,472,000 $25,195,000 $8,714,000 $3,560,000   2011 $143,510,000 $26,690,000 $9,231,000 $3,771,000   2012 $152,266,000 $28,318,000 $9,794,000 $4,002,000   2013 $160,941,000 $29,932,000 $10,352,000 $4,230,000   2014 $169,954,000 $31,608,000 $10,931,000 $4,466,000  


2009 $10,648,000 $0 $0 $0
2010 $135,472,000 $25,195,000 $8,714,000 $3,560,000
2011 $143,510,000 $26,690,000 $9,231,000 $3,771,000
2012 $152,266,000 $28,318,000 $9,794,000 $4,002,000
2013 $160,941,000 $29,932,000 $10,352,000 $4,230,000
2014 $169,954,000 $31,608,000 $10,931,000 $4,466,000



The above table assumes an effective date of July 1, 2009.  The table below assumes an effective date of October 1, 2009.

   Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1  Probable Revenue Gain fromCities Probable Revenue Gain fromTransit Authorities Probable Revenue Gain fromCounties   2010 $112,893,000 $18,896,000 $6,535,000 $2,670,000   2011 $143,510,000 $26,960,000 $9,231,000 $3,771,000   2012 $152,266,000 $28,318,000 $9,794,000 $4,002,000   2013 $160,941,000 $29,932,000 $10,352,000 $4,230,000   2014 $169,954,000 $31,608,000 $10,931,000 $4,466,000   Fiscal Analysis The bill would amend Chapter 151 of the Tax Code, regarding the sales tax. The bill would eliminate the sales tax exception for the repair, maintenance, creation, and restoration of computer programs from the definition of "taxable services." Under this bill, these services would become subject to taxation. The bill would take effect July 1, 2009, assuming that it received the requisite two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect October 1, 2009. Methodology The fiscal impact was estimated based on data on the Texas sale of custom computer programming services gathered from the U.S. Bureau of the Census. Sales were multiplied by the state sales tax rate; adjusted for potential effective dates of July 1, 2009 and October 1, 2009; and extrapolated through fiscal 2014.  

  Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1  Probable Revenue Gain fromCities Probable Revenue Gain fromTransit Authorities Probable Revenue Gain fromCounties   2010 $112,893,000 $18,896,000 $6,535,000 $2,670,000   2011 $143,510,000 $26,960,000 $9,231,000 $3,771,000   2012 $152,266,000 $28,318,000 $9,794,000 $4,002,000   2013 $160,941,000 $29,932,000 $10,352,000 $4,230,000   2014 $169,954,000 $31,608,000 $10,931,000 $4,466,000  


2010 $112,893,000 $18,896,000 $6,535,000 $2,670,000
2011 $143,510,000 $26,960,000 $9,231,000 $3,771,000
2012 $152,266,000 $28,318,000 $9,794,000 $4,002,000
2013 $160,941,000 $29,932,000 $10,352,000 $4,230,000
2014 $169,954,000 $31,608,000 $10,931,000 $4,466,000

Fiscal Analysis

The bill would amend Chapter 151 of the Tax Code, regarding the sales tax. The bill would eliminate the sales tax exception for the repair, maintenance, creation, and restoration of computer programs from the definition of "taxable services." Under this bill, these services would become subject to taxation. The bill would take effect July 1, 2009, assuming that it received the requisite two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect October 1, 2009.

The bill would amend Chapter 151 of the Tax Code, regarding the sales tax.

The bill would eliminate the sales tax exception for the repair, maintenance, creation, and restoration of computer programs from the definition of "taxable services." Under this bill, these services would become subject to taxation.

The bill would take effect July 1, 2009, assuming that it received the requisite two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect October 1, 2009.

Methodology

The fiscal impact was estimated based on data on the Texas sale of custom computer programming services gathered from the U.S. Bureau of the Census. Sales were multiplied by the state sales tax rate; adjusted for potential effective dates of July 1, 2009 and October 1, 2009; and extrapolated through fiscal 2014. 

Local Government Impact

There would be a proportional gain of sales tax revenue to units of local government.

Source Agencies: 304 Comptroller of Public Accounts

304 Comptroller of Public Accounts

LBB Staff: JOB, MN, SD, KK

 JOB, MN, SD, KK