Texas 2023 - 88th Regular

Texas Senate Bill SB1143

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

Caption

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

Impact

If enacted, SB1143 would significantly impact state tax laws related to sales and use tax, offering financial incentives to qualifying data center projects. The exemption would apply to substantial investments, thereby encouraging the establishment of data centers that require substantial infrastructure and employment generation. By incentivizing such developments, the bill aims to boost economic growth in the state through job creation and increased technological infrastructure. The immediate effects would include enhancing the state's competitiveness in the data center market, potentially leading to more jobs and investment.

Summary

Senate Bill 1143, introduced by Senator Paxton, is aimed at providing a temporary exemption from sales and use tax for certain tangible personal property associated with large data centers. Under this bill, qualifying large data centers that meet specific criteria regarding size, capital investment, and job creation can receive tax exemptions on essential equipment and systems necessary for their operation, such as electricity, cooling systems, and data storage devices. This initiative is designed to attract large-scale data center projects to Texas, enhancing the state's status as a hub for the technology sector.

Sentiment

General sentiment around SB1143 appears to be positive among proponents, including technology advocates and business leaders, who argue that the bill will foster economic growth and position Texas favorably in the tech industry. However, potential concerns could arise regarding the effectiveness and oversight of the exemption process. Critics might question whether the anticipated economic benefits will offset the costs to the state’s tax revenue, suggesting that any fiscal impact must be carefully considered to ensure responsible governance.

Contention

Notable points of contention include the obligations placed on data center operators regarding job creation and capital investments to qualify for the tax exemptions. The bill stipulates criteria that demand substantial investment thresholds, which may be a barrier for smaller operators. Furthermore, discussions may arise regarding the long-term implications of such tax incentives on local economies and whether they adequately address potential inequities in taxation across different business sectors.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 151. Limited Sales, Excise, And Use Tax
    • Section: 359
    • Section: 3595

Companion Bills

TX HB2482

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

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