Texas 2025 - 89th Regular

Texas Senate Bill SB2774

Filed
3/14/25  
Out of Senate Committee
4/16/25  
Voted on by Senate
4/23/25  
Out of House Committee
5/7/25  
Voted on by House
5/10/25  
Governor Action
5/24/25  

Caption

Relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax.

Impact

If enacted, SB 2774 would have significant implications for state laws regarding franchise taxation. By reclassifying certain activities within retail trade, the bill is expected to bring in additional revenue for the state. It establishes a more systematic approach to tax categorization that could result in more consistent taxation practices across the state. The legislation is targeted primarily at businesses operating in specific sectors, including rental services and industrial uniform rentals, which could redefine the tax obligations for such entities and influence their financial operations moving forward.

Summary

Senate Bill 2774 aims to amend the Texas Tax Code to redefine certain entities classified as primarily engaged in retail trade for the purposes of the franchise tax. The bill seeks to include specific activities and classifications from the 1987 Standard Industrial Classification Manual, thereby potentially broadening the scope of what constitutes retail trade. This change is designed to align Texas tax laws more closely with the current economic landscape, ensuring that entities engaged in relevant activities are more accurately taxed under the franchise tax regulations.

Sentiment

The overall sentiment surrounding SB 2774 appears to be largely positive, with key support from business groups that recognize the necessity for updated tax classification systems that reflect current industry practices. Legislative discussions highlighted a consensus on the need for modernizing the tax code, though some caution is warranted regarding the potential repercussions for smaller businesses. Notably, there are stakeholders concerned about how these classifications may affect the tax burdens faced by certain types of businesses, which could create disparities in the competitive landscape.

Contention

Despite broad support, there remain points of contention related to the specifics of the classifications. Critics have raised concerns that the reclassification could inadvertently include or exclude certain businesses, thereby altering their tax obligations unpredictably. This creates a debate about the adequacy of the definitions used and whether they are sufficiently comprehensive to cover evolving market practices. The effectiveness of the bill will ultimately hinge on the implementation of these classifications and their oversight, making it a significant topic for ongoing legislative and public discussion.

Companion Bills

TX HB1769

Identical Relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax.

Previously Filed As

TX HB1769

Relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax.

TX HB1914

Modifies provisions relating to franchisors' warranty duties to franchisees

TX HB412

Modifies provisions relating to franchisors warranty duties to franchisees

TX HB2584

Relating to prohibitions upon fees that franchisors impose upon franchisees.

TX HB1768

Modifies provisions relating to the classification of certain residential real property used for short-term rentals

TX HB2060

Modifies provisions relating to the classification of certain residential real property used for short-term rentals

TX HB1086

Modifies provisions relating to the classification of certain residential real property used for short-term rentals

TX HB2162

Relating to the classification of certain sales of firearms as occasional sales for purposes of sales and use taxes.

TX HB5181

Relating to the minimum revenue calculation subject to the Texas Franchise Tax.

TX HB2140

Revenue and taxation; Ad Valorem Tax Code; definitions; classifications of property; valuation procedures; effective date.

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