Texas 2025 - 89th Regular

Texas House Bill HB 4379

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the application, collection, remittance, and administration of the gross rental receipts tax on the renting of shared motor vehicles through peer-to-peer car sharing programs; imposing a penalty.

Summary

HB 4379 would extend and clarify Texas’s gross rental receipts tax rules for peer-to-peer car sharing. The bill defines key terms such as “peer-to-peer car sharing program,” “peer-to-peer car sharing program provider,” and “shared vehicle,” and then specifies when the gross rental receipts tax applies to shared vehicles rented through these platforms. Under the bill, the tax is due only if the vehicle owner registered the vehicle as a rental vehicle in lieu of paying motor vehicle sales or use tax, and the peer-to-peer platform provider—not the individual owner—must generally collect, report, and remit the tax for shared vehicles. The bill also updates related Tax Code provisions to fit this model. It requires platform providers to add the tax to the rental charge, authorizes the comptroller to pursue unpaid tax from the provider, imposes a $50 late-filing penalty on providers that fail to timely file required reports, and creates a good-faith reliance defense if a provider’s failure to collect or remit tax resulted from incorrect or incomplete information supplied by the vehicle owner. It further excludes shared vehicles from certain existing rental-tax credit and presumption rules, requires recordkeeping for both owners and providers, and mandates monthly statements from providers to vehicle owners showing tax collected and remitted. HB 4379 would change state tax administration by shifting compliance responsibilities for peer-to-peer car sharing transactions onto the platform operator and by carving shared vehicles out of some existing motor vehicle rental tax provisions. It also makes clear that the new obligations apply only prospectively, beginning on the bill’s effective date, and do not create tax liability for transactions that occurred before then. The bill is set to take effect October 1, 2025. The overall sentiment reflected in the available context is neutral to procedural, because there are no recorded committee transcripts or floor votes in the provided materials. The bill was referred to the House Ways & Means Committee, which suggests it was being considered as a tax administration measure rather than a highly controversial policy proposal at that stage. The main points of potential contention are the allocation of tax-collection duties and liability between vehicle owners and peer-to-peer platform providers, the new reporting and recordkeeping requirements, and the $50 penalty for late filing. Another possible issue is the bill’s decision to limit tax applicability to certain shared-vehicle rentals only when the owner previously used a sales/use tax registration option, which may be viewed as creating a narrower tax base or a special rule for this market segment.

Impact

The bill amends Chapter 152 of the Texas Tax Code to expressly address gross rental receipts tax as applied to peer-to-peer car sharing transactions. It adds definitions, creates a special tax rule for shared vehicles, assigns collection and remittance duties to platform providers, exempts shared vehicles from certain existing rental-tax provisions, and imposes reporting, recordkeeping, and penalty requirements on providers and owners. It also clarifies that the changes apply only to transactions on or after the effective date, October 1, 2025.

Sentiment

No votes or committee testimony were provided, so the bill’s reception cannot be measured from recorded debate. Based on the text and referral history, the measure appears to have been treated as a technical tax administration bill with a neutral procedural posture in the House Ways & Means Committee.

Contention

The likely areas of disagreement are who should bear the administrative burden of tax collection and reporting, whether peer-to-peer platforms should be treated like traditional rental companies for tax purposes, and whether the bill’s penalty and recordkeeping requirements are appropriately calibrated. Vehicle owners may object to the reporting obligations and the reliance on owner-supplied information, while platform providers may object to being made the primary tax collector and to potential liability for owner-provided errors. Tax policy observers could also question the bill’s narrow applicability to vehicles registered as rentals in lieu of sales/use tax.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1363

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider; imposing a penalty.

TX SB265

Motor vehicles; Peer-to-Peer Car Sharing Program Act, established

TX HB625

Requires peer-to-peer car sharing programs to maintain physical damage coverage for shared vehicles during the car sharing period

TX SB109

Peer-to-Peer Car Sharing Program act; requirements for the operation of peer-to-peer car sharing programs, provided

TX HB1463

Motor vehicles; peer-to-peer car-sharing program; add damage to the owner's vehicle to the program's liability

TX S2146

Created a peer-to-peer car sharing program, which will prescribe insurance coverage and other related details while using a car sharing application.

TX H7267

Created a peer-to-peer car sharing program, which will prescribe insurance coverage and other related details while using a car sharing application.

TX HB447

Motor vehicle rental and peer-to-peer vehicle sharing tax; disposition.

TX A09508

Provides that a rental vehicle company or peer-to-peer car sharing program administrator may act as an agent for an authorized insurer with respect to accident and health insurance that provides coverage to shared vehicle owners, shared vehicle drivers, or a combination thereof, and any other coverage that the superintendent of financial services may approve as meaningful and appropriate in connection with the sharing of a shared vehicle.

TX S08786

Provides that a rental vehicle company or peer-to-peer car sharing program administrator may act as an agent for an authorized insurer with respect to accident and health insurance that provides coverage to shared vehicle owners, shared vehicle drivers, or a combination thereof, and any other coverage that the superintendent of financial services may approve as meaningful and appropriate in connection with the sharing of a shared vehicle.

Similar Bills

No similar bills found.