SB 2774

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
neutral
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 2774 proposes an amendment to Section 171.0001(12) of the Texas Tax Code to modify the definition of “retail trade” for purposes of the state’s franchise tax. The bill specifically adds activities involving the rental of industrial uniforms, industrial garments, and industrial linen supplies to the list of operations that qualify as retail trade under the 1987 Standard Industrial Classification (SIC) Manual codes 7213 and 7218. These businesses would join other rental-related industries, such as apparel rental and heavy equipment leasing, which are already recognized under the retail trade classification.

By expanding this classification, the legislation allows qualifying businesses to potentially benefit from a lower franchise tax rate or different calculation method under existing tax provisions that distinguish between retail/wholesale and other types of business operations. This could provide tax relief to companies in the industrial textile rental sector and help correct perceived disparities in how similar business activities are treated for tax purposes.

The bill applies prospectively, only affecting franchise tax reports due on or after January 1, 2027. It does not impose new regulatory requirements or alter existing tax rates, but rather adjusts the classification framework used to determine tax liability for certain business types.
Author (1)
Adam Hinojosa
Sponsor (2)
Drew Darby
Trey Martinez Fischer
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2774 would not have a net fiscal impact on General Revenue-related funds during the 2026–2027 biennium. However, it is projected to cause a direct revenue loss to the Property Tax Relief Fund totaling approximately $2.86 million during that same period. Because the Foundation School Program is partially funded by the Property Tax Relief Fund, any shortfall in this fund would need to be made up from General Revenue, indirectly affecting state finances.

Looking beyond the initial biennium, the bill is expected to continue generating fiscal impacts through revenue reductions, with projected losses to the Property Tax Relief Fund growing to $3 million in fiscal year 2028, $3.13 million in 2029, and $3.27 million in 2030. These projections are based on adjustments to franchise tax liabilities for businesses reclassified as “retail trade,” which qualifies them for a lower tax rate.

The fiscal analysis used franchise tax data from businesses operating under SIC codes 7213 (Linen Supply) and 7218 (Industrial Launderers), adjusted for the lower rate applicable to retailers and extrapolated using standard franchise tax growth estimates. There are no anticipated fiscal implications for local governments.

Vote Recommendation Notes

SB 2774 seeks to correct a discrepancy in the Texas franchise tax code by expanding the definition of "retail trade" to include companies engaged in the rental of industrial uniforms and linen supplies. These businesses, currently classified under Standard Industrial Classification codes 7213 and 7218, are not eligible for the lower franchise tax rate offered to retailers, even though their business operations closely resemble those of retail entities. SB 2774 addresses this inequity by including them in the statutory list of retail activities, thereby allowing for a more consistent and fair tax treatment across similar business models.

From a liberty-focused policy perspective, the bill advances key principles of Free Enterprise and Limited Government. It reduces the tax burden on a narrow segment of businesses without imposing new mandates, regulations, or bureaucratic expansion. Importantly, it does not increase the size or scope of government, nor does it create new regulatory authority or obligations. The bill is a clean, technical correction to existing law that removes a penalty currently placed on businesses that rent rather than sell goods, despite their economic equivalence​.

However, one notable concern arises from the bill’s fiscal impact. The Legislative Budget Board estimates that SB 2774 will reduce revenue to the Property Tax Relief Fund (PTRF) by approximately $2.86 million during the 2026–2027 biennium, with annual losses increasing in subsequent years. Because the PTRF plays a critical role in funding the Foundation School Program and maintaining lower property tax rates, any reduction in its revenue, even a modest one, risks undermining long-term property tax relief efforts. Although the law requires that this loss be backfilled from General Revenue, this mechanism still introduces tension with the state’s broader commitment to sustainably reduce Texans’ property tax burdens​.

This tension does not negate the policy rationale for the bill, but it does warrant fiscal caution. SB 2774 is clearly pro-business and fair in intent, but lawmakers should remain aware that its revenue impact chips away, however slightly, at a vital source of tax relief and education funding. While this bill's impact is not large enough to shift overall tax policy, it highlights a pattern that, if repeated across many similar bills, could cumulatively erode the effectiveness of the PTRF over time.

Given its narrow scope, clear policy justification, and minimal regulatory footprint, Texas Policy Research recommends that lawmakers vote YES on SB 2774. However, stakeholders and legislators should remain mindful of its implications for school finance and tax relief funding.

  • Individual Liberty: While the bill does not directly affect individual rights or freedoms, it supports economic liberty—a key dimension of individual liberty—by easing financial restrictions imposed on small- and mid-sized businesses in the uniform rental industry. Owners and operators in this sector are free to structure their business models as they see fit without being unfairly penalized by the tax code due to semantics over selling versus leasing.
  • Personal Responsibility: The bill does not alter expectations or standards regarding accountability or responsibility, nor does it excuse non-compliance or bad behavior. It is silent on this principle, but also does not undermine it in any way.
  • Free Enterprise: The bill directly advances the principle of free enterprise by removing an artificial barrier in the tax code that disadvantages a specific group of businesses—industrial uniform and linen rental companies. These companies operate similarly to retail businesses in that they provide goods to customers for a fee; however, because they rent rather than sell those goods, they have historically been excluded from the retail classification under the franchise tax system. This exclusion has resulted in higher tax rates for these businesses, despite their functional similarity to retailers. By correcting this, the bill levels the playing field, encourages fair competition, and allows affected businesses to retain more capital for growth, wages, or reinvestment—outcomes that strengthen the market economy.
  • Private Property Rights: The bill touches lightly on private property rights by improving how the state recognizes and taxes the commercial use of tangible property (in this case, uniforms and linen supplies). By aligning taxation with operational use, the bill enables property owners to derive income from their assets without facing disproportionate taxation. While not a direct property rights bill, it does respect the rights of business owners to make full economic use of their assets under fairer tax terms.
  • Limited Government: The bill is a model of a narrowly tailored, non-regulatory legislative fix. It does not expand the role or authority of government agencies, impose new rules, or establish new oversight. Instead, it streamlines existing law to more accurately reflect current business practices. It refrains from creating new tax incentives or exemptions, and instead reinterprets classification language already embedded in statute. This type of legislative adjustment exemplifies limited government in practice: removing an unjustified burden rather than expanding government power to create a new workaround.
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