LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
 
May 7, 2025

TO:
Honorable Angie Chen Button, Chair, House Committee on Trade, Workforce & Economic Development
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB3191 by Button (relating to a franchise tax credit for taxable entities that make certain employer child-care contributions and a study on access to and availability of child care in this state.), Committee Report 1st House, Substituted


Estimated Two-year Net Impact to General Revenue Related Funds for HB3191, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2027.

Additionally, the bill will have a direct impact of a revenue loss to the Property Tax Relief Fund of ($25,000,000) for the 2026-27 biennium and ($50,000,000) in subsequent biennia. Any loss to the Property Tax Relief Fund must be made up with an equal amount of General Revenue to fund the Foundation School Program.

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year Probable Net Positive/(Negative) Impact to
General Revenue Related Funds
2026$0
2027$0
2028$0
2029$0
2030$0

All Funds, Five-Year Impact:

Fiscal Year Probable Revenue Gain/(Loss) from
Property Tax Relief Fund
304
2026$0
2027($25,000,000)
2028($25,000,000)
2029($25,000,000)
2030($25,000,000)


Fiscal Analysis

The bill would create a franchise tax credit for up to $3,600 per child for child-care contributions paid by taxable entities on reports originally due on or after January 1, 2027. The total amount of credits that may be awarded may not exceed $25 million per fiscal year. The total amount of credit claimed by a taxable entity may not exceed the amount of franchise tax due for the report after applying all other applicable credits. Unused credit may be carried forward for not more than five consecutive reports. The credits may be sold or assigned to other taxable entities.

The Comptroller may elect to award a credit under this subchapter by issuing a refund warrant to the entity in lieu of awarding credit against the tax due on the entity's report. If credits were improperly awarded, the comptroller may assess the amount of the improperly awarded credit against the taxable entity that was originally awarded the credit. The amount recovered may increase to total amount of credit awarded during the next state fiscal year.

The bill would require the Texas Workforce Commission (TWC) to conduct a study to examine strategies to increase access and availability of child care in this state and submit a report to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and each legislative standing committee with jurisdiction over child-care facilities by December 31, 2026.

Methodology

The bill would cap the child-care franchise tax credit authorized by this bill at $25 million per year starting with reports due on or after January 1, 2027. This analysis assumes the maximum amount would be taken.

It is assumed that TWC can implement the provisions of the bill within existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
304 Comptroller of Public Accounts, 320 Texas Workforce Commission
LBB Staff:
JMc, JPE, KK, BRI