Texas 2023 88th Regular

Texas House Bill HB105 Analysis / Analysis

Filed 03/16/2023

                    BILL ANALYSIS             H.B. 105     By: Noble     Ways & Means     Committee Report (Unamended)             BACKGROUND AND PURPOSE    Public universities are currently not required to collect sales tax on the issuance of academic transcripts. However, when a private university furnishes an academic transcript for a fee, this service falls under the definition of an "information service" for purposes of the Limited Sales, Excise, and Use Tax Act. Therefore, private universities are required to collect sales tax when imposing a fee for the furnishing of an academic transcript. In an effort to ensure that students and graduates from all universities are treated equally when requesting their transcripts, H.B. 105 exempts the furnishing of academic transcripts from sales and use taxes.       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 105 amends the Tax Code to exclude the furnishing of an academic transcript from the information services subject to taxation under the Limited Sales, Excise, and Use Tax Act.       EFFECTIVE DATE    October 1, 2023.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 105
By: Noble
Ways & Means
Committee Report (Unamended)

H.B. 105

By: Noble

Ways & Means

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    Public universities are currently not required to collect sales tax on the issuance of academic transcripts. However, when a private university furnishes an academic transcript for a fee, this service falls under the definition of an "information service" for purposes of the Limited Sales, Excise, and Use Tax Act. Therefore, private universities are required to collect sales tax when imposing a fee for the furnishing of an academic transcript. In an effort to ensure that students and graduates from all universities are treated equally when requesting their transcripts, H.B. 105 exempts the furnishing of academic transcripts from sales and use taxes.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 105 amends the Tax Code to exclude the furnishing of an academic transcript from the information services subject to taxation under the Limited Sales, Excise, and Use Tax Act.
EFFECTIVE DATE    October 1, 2023.

BACKGROUND AND PURPOSE 

 

Public universities are currently not required to collect sales tax on the issuance of academic transcripts. However, when a private university furnishes an academic transcript for a fee, this service falls under the definition of an "information service" for purposes of the Limited Sales, Excise, and Use Tax Act. Therefore, private universities are required to collect sales tax when imposing a fee for the furnishing of an academic transcript. In an effort to ensure that students and graduates from all universities are treated equally when requesting their transcripts, H.B. 105 exempts the furnishing of academic transcripts from sales and use taxes.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 105 amends the Tax Code to exclude the furnishing of an academic transcript from the information services subject to taxation under the Limited Sales, Excise, and Use Tax Act.

 

EFFECTIVE DATE 

 

October 1, 2023.