Bill Text: TX HB1003 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the periodic evaluation of certain exemptions from property taxes and state taxes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-05-12 - Committee report sent to Calendars [HB1003 Detail]
Download: Texas-2015-HB1003-Comm_Sub.html
| 84R24746 CJC-D | |||
| By: Davis of Dallas | H.B. No. 1003 | ||
| Substitute the following for H.B. No. 1003: | |||
| By: Darby | C.S.H.B. No. 1003 | ||
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| relating to the periodic evaluation of certain exemptions from | ||
| property taxes and state taxes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 403, Government Code, is | ||
| amended by adding Section 403.0143 to read as follows: | ||
| Sec. 403.0143. EVALUATION OF AND REPORT ON EXEMPTIONS FROM | ||
| PROPERTY AND STATE TAXES. (a) In this section, "exemption" | ||
| includes: | ||
| (1) an exemption that is provided by the manner in | ||
| which a term is defined in Subchapter A, Chapter 151, Tax Code; and | ||
| (2) an exemption provided by Chapter 162, Tax Code, | ||
| from the taxes imposed by that chapter. | ||
| (b) The comptroller shall periodically evaluate each | ||
| exemption provided by Chapters 11, 151, 152, 162, 171, 201, and 202, | ||
| Tax Code, from the taxes imposed by those chapters. | ||
| (c) The comptroller shall conduct the evaluation required | ||
| by Subsection (b) according to a schedule that the comptroller | ||
| adopts. The schedule must provide for the comptroller to evaluate | ||
| each tax exemption at an interval not to exceed six years. The | ||
| comptroller shall provide the schedule to the governor, lieutenant | ||
| governor, speaker of the house of representatives, and presiding | ||
| officers of the senate finance committee and the house ways and | ||
| means committee. | ||
| (d) The comptroller's evaluation of each tax exemption | ||
| must: | ||
| (1) include an evaluation of the exemption's effect | ||
| on: | ||
| (A) revenue received from taxes imposed by the | ||
| chapter providing the exemption; | ||
| (B) the entities that receive the exemption; | ||
| (C) sales of property, goods, and services made | ||
| in this state, where applicable; and | ||
| (D) economic investment and growth in this state; | ||
| (2) take into account any other factors the | ||
| comptroller considers relevant in evaluating the exemption; | ||
| (3) consider whether retaining the exemption is in the | ||
| public's best interest; and | ||
| (4) make recommendations relating to the exemption | ||
| based on the evaluation. | ||
| (e) At each regular legislative session, the comptroller | ||
| shall present to the legislature and the governor a report on the | ||
| evaluation and recommendations the comptroller makes under | ||
| Subsection (d). The report must include drafts of any legislation | ||
| needed to carry out the comptroller's recommendations under that | ||
| subsection. | ||
| (f) The evaluation described by this section does not apply | ||
| to a tax exemption that is: | ||
| (1) explicitly provided by the constitution of this | ||
| state; or | ||
| (2) for an item or service that this state is unable to | ||
| tax under the United States Constitution or federal law. | ||
| SECTION 2. The comptroller of public accounts shall adopt a | ||
| schedule for evaluating exemptions from property taxes and state | ||
| taxes as provided by Section 403.0143, Government Code, as added by | ||
| this Act, on or before January 1, 2016. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
