Texas House Bill HB4376

Texas 2019 - 86th Regular

Caption

Relating to the temporary exemption of certain tangible personal property related to certain colocation data centers from the sales and use tax.

Impact

The law will specifically amend Subchapter H of Chapter 151 of the Tax Code, introducing Section 151.3596. This change will allow qualifying colocation data centers to exempt necessary equipment and infrastructure from sales and use tax for a period of up to 15 years, depending on the level of capital investment made by the operators or tenants. The exemption is intended to incentivize the establishment and expansion of data centers within the state, which are essential for supporting the growing demand for data services in a digital economy.

Summary

House Bill 4376 introduces a temporary sales and use tax exemption for certain tangible personal property used in colocation data centers in Texas. The bill defines a colocation data center as a facility primarily designed for housing servers and equipment used for data processing, storage, and distribution. By offering this exemption, the bill aims to attract businesses in the technology and data management sectors to invest in Texas, potentially enhancing the state's economic landscape.

Contention

While proponents argue that the bill would significantly lower operating costs for colocation data centers and promote job creation and economic growth, there are concerns about the implications of such tax breaks. Critics may raise questions regarding the state’s revenue loss associated with these exemptions and whether such incentives are necessary given the resilience of the tech industry. Furthermore, there may be additional discussions about ensuring that the benefits provided through this exemption are equitably distributed among all communities within Texas.