Monitoring the Session

HB 1769

Darby Franchise Tax Bill Counts Uniform Rental As Retail Trade

Companion SB 2774 became law

Verdict: Smells

SmellsInitial review
Rep. Drew DarbyRHouse 72
Both charges, and why
Carve-out

THE TEXT

…“industrial uniforms, industrial garments, and industrial linen”…

Bill text, House committee report version (H)

The bill adds one specific kind of business, industrial uniform and linen rental, to the lower-rate retail category. The caption only says "certain entities."

Carve-out
Delayed start

THE TEXT

“This Act takes effect January 1, 2027.”

Bill text, House committee report version (H)

The tax change does not start until after the November 3, 2026 general election.

Delayed start

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax.

Caption from analyzed text · version H.

Summary

The “certain entities” are industrial uniform and linen rental companies. Lower rate starts January 1, 2027.

The bill adds the rental of industrial uniforms, industrial garments, and industrial linen supplies to the franchise tax definition of retail trade. That moves those rental companies into the group that pays the lower retail and wholesale franchise tax rate. The change applies only to reports first due after January 1, 2027.

Labels

Labels: ACROSS THE AISLE. Joint authors: 1 Republican, 1 Democrat. Party as the Legislative Reference Library lists it for the 89th Legislature.

Receipt

The receipt

89R-HB1769 · 2025-01-08

SOLD BY

ITEM

relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax.

WHAT IT DOES

The “certain entities” are industrial uniform and linen rental companies. Lower rate starts January 1, 2027.

The bill adds the rental of industrial uniforms, industrial garments, and industrial linen supplies to the franchise tax definition of retail trade. That moves those rental companies into the group that pays the lower retail and wholesale franchise tax rate. The change applies only to reports first due after January 1, 2027.

CHARGES

[x] CARVE-OUTanalysis confidence 55%

THE TEXT

…“industrial uniforms, industrial garments, and industrial linen”…

Bill text, House committee report version (H)

The bill adds one specific kind of business, industrial uniform and linen rental, to the lower-rate retail category. The caption only says "certain entities."

[x] DELAYED STARTanalysis confidence 50%

THE TEXT

“This Act takes effect January 1, 2027.”

Bill text, House committee report version (H)

The tax change does not start until after the November 3, 2026 general election.

TOTAL

Net to General Revenue · FY 2026$0

LBB estimate, flow · fiscal note version I · ( ) = negative · source

Sources

Fiscal note · version I · April 21, 2025

Estimated Two-year Net Impact to General Revenue Related Funds for HB1769, As Introduced: 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 ($2,860,000) for the 2026-27 biennium. 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.

First year · FY 2026 · $0

Probable Net Positive/(Negative) Impact to General Revenue Related Funds

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Ways & Means
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in formal meeting
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
  13. Considered in Calendars
  14. Placed on General State Calendar
  15. Companion considered in lieu of SB 2774
  16. Laid on the table subject to call
FILED UNDER

CORPORATE WELFARE

THE TEXT

…“industrial uniforms, industrial garments, and industrial linen”…

Bill text, House committee report version (H)

The bill gives one named industry a lower franchise tax rate by reclassifying it as retail trade.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 9, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Truth and Liberty PAC$50,000.00

Texans for Truth and Liberty PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Oct 8, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101007659, 101072052.

Gideon Powell$30,000.00
Dustin Burrows Campaign$27,600.00

Dustin Burrows Campaign

$27,600.00

Cash
$0.00
Paid by others
$27,600.00
Total
$27,600.00
polling $27,600.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team
Sources

Derived itemized flow · on Aug 5, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068080.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Truth and Liberty PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Oct 8, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101007659, 101072052.

×

Dustin Burrows Campaign

$27,600.00

Cash
$0.00
Paid by others
$27,600.00
Total
$27,600.00
polling $27,600.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team
Sources

Derived itemized flow · on Aug 5, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068080.

Votes

No floor vote loaded for this bill.

Witnesses4
For
4
Against
0
On
0
Names

For

  • Self1 registration
  • Self; Textile Rental Service Association1 registration
  • Self; Textile Rental Services Association1 registration
  • Texas Taxpayers and Research Association - (TTARA)1 registration
Sources

4 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal
Net to General Revenue · FY 2026$0

LBB estimate, flow · fiscal note version I · ( ) = negative · source

Sources

Fiscal note · version I · April 21, 2025

Estimated Two-year Net Impact to General Revenue Related Funds for HB1769, As Introduced: 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 ($2,860,000) for the 2026-27 biennium. 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.

First year · FY 2026 · $0

Probable Net Positive/(Negative) Impact to General Revenue Related Funds

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Jan 8, 2025

05/09/2025 H Laid on the table subject to call

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Ways & Means · Committee vote 13 aye, 0 nay · Out of committee

Companion

SB 2774 by Hinojosa, Adam (identical)

Subjects

Business & Commerce--General

Taxation--Franchise

Text

The text as introduced · 283 words

89R6021 JBD-F

By: Darby
H.B. No. 1769

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, 2027.