Texas 2023 - 88th Regular

Texas Senate Bill SB1265

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 certain connected data center projects from sales and use taxes.

Impact

If enacted, SB1265 will amend the Texas Tax Code by adding a new section that outlines the eligibility criteria for the exemption. Specifically, a connected data center project must involve substantial investment—at least $500 million—and create a minimum of 40 permanent jobs that pay at least 120% of the county's average weekly wage. This exemption would apply to tangible personal property essential for the operation of these data centers, including infrastructure like electricity, cooling systems, and data storage devices. It embodies an economic incentive aimed at making Texas an attractive location for data center investments, potentially leading to significant job creation and economic growth within the state.

Summary

Senate Bill 1265, introduced by Senator Parker, proposes a temporary exemption from sales and use taxes for certain tangible personal property related to connected data center projects in Texas. The bill is designed to stimulate growth in the data center industry by reducing the tax burden associated with significant investments in infrastructure and equipment. Through this exemption, data centers can operate more competitively in the market, which is crucial as the demand for data storage and processing continues to escalate with technological advancements and the growing digital economy.

Sentiment

The overall sentiment regarding SB1265 appears to be positive among proponents, particularly among business leaders and sectors involved in technology and data management. Supporters argue that the bill is essential for maintaining Texas's competitive edge in the tech industry, which can lead to job creation and economic diversification. However, there are concerns from some local government officials and community groups about the long-term implications of tax exemptions, including the potential loss of tax revenue and impacts on local services.

Contention

Notable points of contention surrounding SB1265 include debates about the adequacy of accountability measures for the tax exemption, as stakeholders seek assurances that the projected job creation and economic benefits will indeed materialize. Questions also arise about equity, with critics arguing that such tax exemptions may disproportionately benefit larger corporations at the expense of smaller businesses or underfunded services in the communities where these data centers are located. Additionally, discussions about environmental impacts and energy use have emerged, considering the significant power demands of data centers.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 151. Limited Sales, Excise, And Use Tax
    • Section: New Section
    • Section: 317

Companion Bills

TX HB3104

Identical Relating to the temporary exemption of certain tangible personal property related to certain connected data center projects from sales and use taxes.

Previously Filed As

TX HB3104

Relating to the temporary exemption of certain tangible personal property related to certain connected data center projects from sales and use taxes.

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