Texas House Bill HB4198

Texas 2019 - 86th Regular

Caption

Relating to the exclusion from total revenue of certain payments made by a performing rights society for purposes of computing the franchise tax.

Impact

The bill's passage is expected to directly benefit performing rights societies operating in Texas by allowing them more flexibility in their tax calculations. This could potentially lead to increased profitability for these organizations, enabling them to allocate resources more effectively to support artists and their rights. The bill applies to reports originally due on or after the effective date, which is January 1, 2020, thus ensuring that its effects are phased in and applicable to relevant fiscal years.

Summary

House Bill 4198 seeks to amend the Texas Tax Code, specifically Section 171.1011, to allow performing rights societies to exclude certain payments from their total revenue calculations when computing franchise tax. This legislative change is aimed at reducing the tax burden on these entities by ensuring that payments made to rights holders for licensing nondramatic musical works can be excluded from revenue totals. By making this amendment, the bill acknowledges the unique financial dynamics faced by performing rights societies in their operational practices.

Contention

While the bill appears to provide clear benefits to performing rights societies, it may raise questions regarding the broader implications for state revenue. By permitting these societies to exclude certain payments from gross revenue, there may be concerns that the state could see reduced tax collections from these entities. Opponents might argue that further tax exclusions could lead to budget shortfalls in other areas. Supporters, however, insist that this bill fosters a more conducive environment for the music industry, recognizing the role that performing rights societies play in licensing and maintaining the livelihoods of artists.