86R5434 SMT-F
 
  By: Darby H.B. No. 1089
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the classification of certain entities as primarily
  engaged in retail trade for purposes of the franchise tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 171.0001(12), Tax Code, is amended to
  read as follows:
               (12)  "Retail trade" means:
                     (A)  the activities described in Division G of the
  1987 Standard Industrial Classification Manual published by the
  federal Office of Management and Budget;
                     (B)  apparel rental activities classified as
  Industry 5999 or 7299 of the 1987 Standard Industrial
  Classification Manual published by the federal Office of Management
  and Budget;
                     (C)  the activities classified as Industry Group
  753 of the 1987 Standard Industrial Classification Manual published
  by the federal Office of Management and Budget;
                     (D)  rental-purchase agreement activities
  regulated by Chapter 92, Business & Commerce Code;
                     (E)  activities involving the rental or leasing of
  tools, party and event supplies, and furniture that are classified
  as Industry 7359 of the 1987 Standard Industrial Classification
  Manual published by the federal Office of Management and Budget;
  [and]
                     (F)  heavy construction equipment rental or
  leasing activities classified as Industry 7353 of the 1987 Standard
  Industrial Classification Manual published by the federal Office of
  Management and Budget; and
                     (G)  activities involving the rental of
  industrial uniforms, industrial garments, and industrial linen
  supplies that are classified as Industry 7213 or 7218 of the 1987
  Standard Industrial Classification Manual published by the federal
  Office of Management and Budget.
         SECTION 2.  This Act applies only to a report originally due
  on or after the effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2021.