During Monday’s Senate Finance Committee hearing, John Heleman, the chief revenue estimator in the Comptroller’s office, stated Texas has a structural deficit of $10 billion. This structural shortfall can be blamed primarily on the underperforming franchise tax and property tax.

For fiscal year 2010, the state’s revenue of the margin tax was $3.9 billion. However, the state’s anticipated revenue by fiscal year 2010 was $6.4 billion. Of the $2.5 billion difference, $1 billion is attributed to the recession and $1.5 billion to the underperformance of the business tax.

In addition, the cost of the property tax relief is also running about $1 billion per year above expectations.

As a result of these two issues and other factors as well, a structural deficit has been created that must be dealt with at some point to address larger budget concerns.

Additionally, Heleman reviewed recent sales tax receipts. Although he noted that sales tax in the retail sector was up, he cautioned this increase was off an extremely low base and compared to the recession.  Senator Florence Shapiro inquired about sales tax exemptions and the cost of those exemptions to Texas. Heleman noted an updated report from the Comptroller’s office would be published in February.

The House Committee on Ways and Means during the interim also reviewed sales tax exemptions and exclusions. Below is a list of those exemptions and exclusions that were brought up during the interim hearings. More details can be found in the House Ways and Means interim report.  As legislators begin to address the budget shortfall and the need for additional revenue, it is expected sales tax exemptions and exclusions will come under further scrutiny.

From House Ways and Means Interim Report:

Sales Tax

2011 Value of Exclusion

Installation of Certain Equipment for Export, Section 151.3071, Tax Code

$112 million

Water – Bottled Water, Section 151.315, Tax Code

$261.4 million

Basic Fee for Internet Access Service,  Section 151.325, Tax Code

$94.1 million

Information Services and Data Processing Services, Section 151.351, Tax Code

$40.5 million

Aircraft, Section 151.328, Tax Code

$18.1 million

Certain Ships and Ship Equipment, Section 151.329, Tax Code

$36.0 million

Coin-operated Services, Section 151.335, Tax Code

$64.7 million

Certain Coins and Precious Metals, Section 151.336, Tax Code

not provided

Cooperative Research and Development Ventures, Section 151.348, Tax Code

not provided

Services by Employees of Property Management Companies, Section 151.354, Tax Code

not provided

   

Sales Tax Exclusions: Services

2011 Value of Exclusion

Elective medical services physician services/dental services

$903.5 million/$312.1 million

Non-financial legal services

$472.5 million

Accounting, auditing, and financial legal services

$226.6 million

Architectural and engineering services

$390.3 million

Management consulting and public relations

$200.7 million

Research and development laboratory services

$142.1 million

Economic and sociological research

$23.0 million

Non-clinical testing labs

$55.2 million

Billboard advertising

$28.5 million

Employment agency services and /Temporary labor supply

$36.2 / $54.4 million

Financial services brokerage / Other financial

$175.5 / $71.4 million

Real estate brokerage and agency

$236.7 million

Other transportation (excluding scheduled passenger) intrastate transport: taxi, limousine,
tour bus, and courier service

$27.7 million

Small animal veterinary services

$51.5 million

Automotive maintenance and repair

$303.9 million

Car Washes

$36.9 million

Travel arrangements

$15.5 million

Private vocational education

$56.1 million

Other educational services

$40.5 million

Interior design

$9.1 million

Personal services: tattooing, tanning, and body piercing

no figures available

Water conditioning and water softening

no figures available