Texas 2023 - 88th Regular

Texas House Bill HB1465

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the location where certain sales are consummated for the purpose of municipal sales and use taxes.

Impact

The enactment of HB1465 would ensure that certain retailers maintain their places of business as defined under the law effective as of August 31, 2019, specifically those with economic development agreements in place. This retention is crucial for businesses incentivized to operate in certain locations because it allows them to maintain established tax benefits without the risk of changes that could come from evolving state taxation policies. This could incentivize businesses to engage in further agreements with local governments to enhance economic development.

Summary

House Bill 1465 aims to provide clarity regarding the taxation of businesses in Texas by specifying how and where sales for municipal sales and use taxes are consummated. The bill reinforces the existing economic development agreements that retailers have entered into with municipalities prior to August 31, 2019. This means that, as long as these agreements remain in effect, businesses can continue operating under the sales tax rules that were applicable before that date, thereby providing them with a degree of stability and predictability in their operations within Texas.

Sentiment

The general sentiment around HB1465 appears to align more closely with supporting business interests, particularly those of retailers that have previously entered agreements with municipalities. Proponents of the bill likely view it as a necessary measure to protect businesses from unexpected tax liabilities or changes in regulations, while critics may not have a significant vocal presence on the bill, focusing instead on general regulatory concerns rather than the specific provisions of HB1465.

Contention

While there is no significant opposition presented in the snippets analyzed, underlying concerns could revolve around the implications for local governments. This bill may be seen as limiting local autonomy in tax regulation and economic development strategies. If enacted, it could set a precedent for how municipal agreements are viewed in conjunction with state tax code, potentially leading to additional debates over the balance of state versus local authority in tax matters. The continued ‘grandfathering’ of these retail agreements could draw attention from other sectors aiming for similar protections, making the broader implications a point of future contention.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 321. Municipal Sales And Use Tax Act
    • Section: 203

Local Government Code

  • Chapter 380. Miscellaneous Provisions Relating To Municipal Planning And Development
    • Section: New Section
  • Chapter 504. Type A Corporations
    • Section: New Section
  • Chapter 505. Type B Corporations
    • Section: New Section

Companion Bills

TX SB333

Identical Relating to the location where certain sales are consummated for the purpose of municipal sales and use taxes.

Similar Bills

No similar bills found.