Texas 2025 89th Regular

Texas Senate Bill SB2774 Analysis / Analysis

Filed 04/09/2025

                    BILL ANALYSIS        Senate Research Center   S.B. 2774     89R6021 JBD-F   By: Hinojosa, Adam         Finance         4/8/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Many companies engaged in the business of renting work uniforms are not properly classified for franchise tax purposes because the industry groups under which they operate are not expressly listed in the definition of "retail trade" in the Tax Code. This has resulted in an inequity, where businesses that functionally operate like retailers are excluded from the lower retail franchise tax rate simply because they rent, rather than sell, their goods.    To correct this, S.B. 2774 seeks to amend Section 171.0001(12) of the Tax Code to include uniform rental activities classified under Industry 7213 and Industry 7218 of the 1987 Standard Industrial Classification Manual, as published by the federal Office of Management and Budget. The goal is to ensure fair tax treatment for industrial uniform and linen rental companies by aligning their classification with the nature of their business operations.    As proposed, S.B. 2774 amends current law relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Section 171.0001(12), Tax Code, to include activities involving the rental of industrial uniforms, industrial garments, and industrial linen supplies that are classified as Industry 7213 or 7218 of the 1987 Standard Industrial Classification Manual published by the federal Office of Management and Budget in the definition of "retail trade."   SECTION 2. Makes application of this Act prospective.   SECTION 3. Effective date: January 1, 2027. 

BILL ANALYSIS

 

 

Senate Research Center S.B. 2774
89R6021 JBD-F By: Hinojosa, Adam
 Finance
 4/8/2025
 As Filed

Senate Research Center

S.B. 2774

89R6021 JBD-F

By: Hinojosa, Adam

 

Finance

 

4/8/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Many companies engaged in the business of renting work uniforms are not properly classified for franchise tax purposes because the industry groups under which they operate are not expressly listed in the definition of "retail trade" in the Tax Code. This has resulted in an inequity, where businesses that functionally operate like retailers are excluded from the lower retail franchise tax rate simply because they rent, rather than sell, their goods. 

 

To correct this, S.B. 2774 seeks to amend Section 171.0001(12) of the Tax Code to include uniform rental activities classified under Industry 7213 and Industry 7218 of the 1987 Standard Industrial Classification Manual, as published by the federal Office of Management and Budget. The goal is to ensure fair tax treatment for industrial uniform and linen rental companies by aligning their classification with the nature of their business operations. 

 

As proposed, S.B. 2774 amends current law relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 171.0001(12), Tax Code, to include activities involving the rental of industrial uniforms, industrial garments, and industrial linen supplies that are classified as Industry 7213 or 7218 of the 1987 Standard Industrial Classification Manual published by the federal Office of Management and Budget in the definition of "retail trade."

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: January 1, 2027.