HB 3504

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
negative
Limited Government
positive
Individual Liberty
Digest

HB 3504 creates a limited sales and use tax exemption for certain tools and work-related equipment purchased during a designated Labor Day weekend tax holiday. The exemption would apply to sales made from 12:01 a.m. on the Friday preceding the first Monday in September through 11:59 p.m. on the first Monday in September. Covered items include power tools, work boots, job boxes, toolboxes, tool organizers, and industry textbooks or codebooks with a sales price below the applicable cap, as well as hand tools, safety glasses, protective coveralls, and work gloves under a lower price cap.

The bill sets the initial price caps at less than $225 for the first category of items and less than $100 for the second category. Beginning January 1, 2027, and every fifth year thereafter, those caps would be adjusted based on the cumulative increase in the Consumer Price Index for All Urban Consumers over the preceding five-year period, rounded to the nearest five dollars.

The Committee Substitute amends Subchapter H, Chapter 151, Tax Code, by adding Section 151.360. It also includes a savings clause specifying that the change does not affect tax liability that accrued before the bill’s effective date.

The originally filed HB 3504 created a sales and use tax holiday for “tools and equipment of skilled trade workers,” while the committee substitute reframes the exemption as applying to “certain qualified tools and equipment.” Both versions amend Subchapter H, Chapter 151, Tax Code, by adding Section 151.360, and both exempt covered items purchased during a limited September period. The core policy remains the same: a temporary sales tax exemption for selected tools, equipment, and related work items.

The Committee Substitute substantially simplifies and narrows the list of eligible items. The filed version used eight price categories and covered items such as vehicle toolboxes, power tool batteries, handheld pipe cutters, drain-opening tools, plumbing inspection equipment, tool belts, electrical voltage-testing equipment, shop lights, duffle or tote bags, LED flashlights, and work gloves. The Committee Substitute reduces this to two price categories: items under the greater of $225 or the adjusted amount, including power tools, work boots, job boxes, toolboxes, tool organizers, and industry textbooks or codebooks; and items under the greater of $100 or the adjusted amount, including hand tools, safety glasses, protective coveralls, and work gloves.

The substitute also changes the timing and long-term structure of the exemption. The filed bill would have applied from the first Friday in September through the following Monday, while the Committee Substitute ties the holiday to the Friday preceding the first Monday in September through the first Monday in September, aligning the period more directly with Labor Day weekend. The committee substitute also adds an automatic five-year adjustment to the price caps based on cumulative CPI-U increases, rounded to the nearest five dollars; the filed bill did not include an inflation adjustment.

Finally, the effective date changes. The filed version would have taken effect immediately if it received the constitutionally required two-thirds vote in each chamber, or September 1, 2025, absent that vote. The Committee Substitute instead sets a fixed effective date of September 1, 2026. In practical terms, the substitute delays implementation, narrows and consolidates the exemption, and adds a mechanism for future price-cap increases.

Author (1)
Trey Martinez Fischer
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3504 would have a negative fiscal impact of $11.36 million on General Revenue Related Funds through the 2026–27 biennium. Because the bill takes effect September 1, 2026, the LBB estimates no fiscal impact in fiscal year 2026, followed by an $11.36 million General Revenue loss in fiscal year 2027. The bill would also reduce revenue to the Tax Reduction and Excellence in Education Fund by $411,000 in the 2026–27 biennium; the LBB notes that this loss must be replaced with an equal amount of General Revenue to fund the Foundation School Program.

The fiscal impact grows in later years because the exemption would recur annually and the bill includes CPI-based adjustments to the qualifying price caps every five years beginning January 1, 2027. LBB projects General Revenue Related losses of $14.72 million in fiscal year 2028, $15.4 million in fiscal year 2029, and $16.1 million in fiscal year 2030. The cost driver is foregone sales and use tax revenue from exempt purchases of qualified tools and equipment during the Labor Day weekend tax holiday.

The bill would also reduce local sales and use tax collections. For fiscal year 2027, LBB estimates losses of $2.15 million to cities, $710,000 to transit authorities, and $530,000 to counties and special districts. By fiscal year 2030, those projected local losses rise to $3.05 million for cities, $1.01 million for transit authorities, and $750,000 for counties and special districts. LBB states that its estimate is based on Comptroller data regarding the market size of eligible items, apportioned to Texas, adjusted for the exemption period and price caps, adjusted for projected CPI increases, and extrapolated forward.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote NO on HB 3504. The bill provides tax relief, but it does so through a narrow, state-selected sales tax holiday rather than through a broad, permanent tax reduction. The bill would exempt certain tools and equipment from sales and use tax during a limited Labor Day weekend period, with eligibility based on item type, price caps, and timing of purchase. The bill analysis states that the purpose is to help address skilled labor shortages by lowering the cost of tools for workers entering skilled trades, but the mechanism remains a targeted tax preference rather than neutral tax relief.

The bill does not directly grow the size of government in the conventional sense. It does not create a new agency, office, grant program, criminal offense, penalty, or express rulemaking authority. The committee bill analysis specifically states that the bill does not expressly grant additional rulemaking authority and does not create or increase a criminal penalty. However, it does expand the scope of government-directed tax policy by adding another selective exemption to the Tax Code. Instead of reducing the sales tax rate for all taxpayers, the bill authorizes the state to favor certain goods, certain buyers, and certain transactions during a specific period. That broadens the government’s role in choosing which economic activity receives preferential treatment.

The bill also increases taxpayer exposure by reducing recurring state and local revenue without pairing that reduction with a corresponding spending reduction or broader tax reform. The Legislative Budget Board estimates a negative impact of $11.36 million to General Revenue Related Funds through the 2026–27 biennium, along with a $411,000 loss to the Tax Reduction and Excellence in Education Fund that must be replaced with General Revenue for the Foundation School Program. LBB also projects revenue losses for cities, transit authorities, counties, and special districts. While lower taxes are desirable, a temporary carveout that leaves spending obligations intact can shift pressure elsewhere in the budget rather than structurally reducing government.

The bill does not meaningfully increase the regulatory burden on individuals or businesses in the way a licensing bill, mandate, reporting requirement, or compliance regime would. Consumers are not required to buy anything, and sellers are not directly subjected to a new occupational or operational regulation. Still, tax holidays create practical compliance complexity for retailers because they must determine which items qualify, apply price thresholds, distinguish covered from uncovered products, and administer the exemption during a narrow window. The committee substitute also includes automatic five-year CPI-based adjustments to the price caps, which adds an ongoing complexity to the tax code.

A limited-government objection is that the bill demonstrates the state can temporarily go without collecting this tax revenue, but only grants that relief on terms chosen by government. If the state can forgo sales tax on selected work tools during one weekend, the better policy question is why taxpayers should not receive a broader and more durable reduction in the overall sales tax burden. Government should not operate as a revenue-maximizing entity that keeps taxes in place by default while selectively suspending them for politically favored categories.

The bill’s tax-relief intent is preferable to a spending or regulatory expansion, but its structure reinforces a tax code based on exemptions, timing incentives, and government-selected preferences. A more liberty-oriented alternative would be a permanent, broad-based sales tax rate reduction, paired with spending restraint, rather than another temporary holiday that narrows relief to selected goods and selected purchase dates.

Free Enterprise
negative
The bill negatively affects free enterprise because it creates a targeted tax preference rather than neutral, broad-based tax relief. By exempting only certain items during a specific weekend, the state favors selected products, sellers, and purchase timing over others. This can distort market behavior and encourage businesses and consumers to organize transactions around government-created tax preferences.
Property Rights
neutral
The bill does not materially affect private property rights. It does not regulate land use, authorize takings, affect eminent domain, restrict ownership, or impose conditions on the use or control of private property. To the extent it lowers taxes on certain purchases, it may marginally reduce the cost of acquiring personal property, but the property-rights impact is indirect.
Personal Responsibility
positive
The bill supports personal responsibility by lowering the cost of tools and equipment that individuals may need to enter or remain in skilled trades. It does not create a direct subsidy, entitlement, or dependency program. Workers still make their own purchasing decisions and bear the primary responsibility for acquiring their tools.
Limited Government
negative
The bill negatively affects limited government because it expands the complexity and selectivity of the Tax Code. It does not create a new agency or program, but it adds another government-selected exemption and includes automatic CPI-based increases to the exemption thresholds. It also produces recurring state and local revenue losses without a corresponding spending reduction, reinforcing a structure in which government selectively suspends taxes rather than permanently reducing the overall tax burden.
Individual Liberty
positive
The bill modestly improves individual liberty by reducing the tax burden on certain purchases of tools and work-related equipment. Individuals remain free to decide whether to purchase the covered items, and the bill does not impose mandates, penalties, surveillance, or restrictions on personal conduct. The benefit is limited, however, because the relief applies only to selected items during a narrow purchase window.
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