Texas 2023 - 88th Regular

Texas Senate Bill SB333

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
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 impact of SB333 on state laws revolves around maintaining the integrity of existing economic development agreements. By allowing retailers to continue operating under tax regulations that were applicable as of August 2019, the bill seeks to provide stability and predictability for business operations in municipalities that have entered into these agreements. The intent is to protect businesses from any abrupt changes in tax obligations that could arise from shifts in state laws or local regulations after that date.

Summary

Senate Bill 333 aims to clarify the location where certain sales are considered consummated for the purposes of municipal sales and use taxes. Specifically, the bill stipulates that if a retailer has an economic development agreement with a municipality in place on or before August 31, 2019, that location remains recognized as the retailer's place of business for sales tax purposes for the duration of the agreement. This provision ensures that any taxable item sold at that location is taxed according to the regulations in effect as of the specified date, thereby anchoring tax duties and compliance to prior law rather than current rulings.

Sentiment

The sentiment surrounding SB333 appears to be supportive among businesses and local governments that have made commitments through economic development agreements. Proponents argue that the continuity in taxation will encourage investment and local economic growth. However, concerns may arise from those who believe that locking businesses into outdated tax rules might restrict future municipal adjustment needs, potentially complicating local fiscal planning.

Contention

Notable points of contention surrounding SB333 include discussions over local autonomy and the prioritization of past agreements over potential new regulations. Critics may also argue that while the bill protects certain businesses, it may inadvertently create inequities among different retailers based on the historical timeline of their agreements. This could lead to criticisms regarding fairness in the application of sales tax responsibilities across various businesses operating in the same locality.

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 HB1465

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

Previously Filed As

TX SB1417

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

TX HB1465

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

TX HB4260

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

TX SB2836

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

Similar Bills

No similar bills found.