SRC-SEW S.B. 1286 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1286
77R8657 DAK-DBy: Carona
Finance
4/17/2001
As Filed


DIGEST AND PURPOSE 

Currently, the high technology industry is a key force in the evolution of
economic development.  Increasingly, states are enacting provisions
exemption research and development (R&D) machinery and equipment from sales
taxation in order to encourage the development of the technology industry.
Such exemptions promote growth and expansion of large and small start-up
companies and enhance the development of new technology, new products, and
new jobs.  At present, the state sales tax exemption for manufacturing
equipment specifically excludes R&D equipment, and for many companies this
exclusion has caused confusion with regard to whether a particular piece of
equipment is R&D equipment or manufacturing equipment.  Extending the sales
tax exemption to R&D equipment would resolve this issue and more
realistically reflect the trend in industry toward a convergence of R&D and
manufacturing.  As proposed, S.B. 1286 creates a sales tax exemption for
qualified purchases of R&D equipment.   

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 Chapter 151H, Tax Code, by adding Section 151.3181, as
follows: 

Sec.  151.3181.  EQUIPMENT USED IN RESEARCH OR DEVELOPMENT.  Provides that,
subject to certain limitations, there are exempted from the taxes imposed
by this chapter machinery, equipment, or replacement parts that are used
directly in the research or development of inventions, products, processes,
or technology by certain persons.  Provides that the exemption from the
taxes imposed by this chapter under this section is limited to certain
stated amounts.  Provides that the exemption does not include certain
items.  Defines "manufacturing" and "research or development." 

SECTION 2.  Effective date: January 1, 2002.
  Makes application of this Act prospective.