Lawmakers seek to enhance state's climate for small-business owners

Small businesses are at the core of the Texas economy. Defined as those with fewer than 500 employees, small businesses provided 45 percent of the state's private-sector jobs and accounted for more than 98 percent of the state's employers, according to 2010 statistics from the U.S. Small Business Administration.

More than 4 million Texans work for small businesses, and the Legislature is focused on trying to help small businesses. Legislators' ideas currently before lawmakers include certifying certain businesses as homegrown, opening the door for more cottage-industry food artisans and making permanent a small-business tax exemption set to expire in 2014.

"Whether it be through lessening the impact and reach of the business margins tax, providing creative economic development incentives or increasing the transparency and predictability of government regulations, lawmakers are clearly prioritizing the interests of small businesses around the state, upon whom we all depend to keep the economic engine going," said Rep. Giovanni Capriglione, R-Southlake.

Tax relief proposal

On April 16, Gov. Rick Perry announced a four-point plan to give nearly $1.6 billion in tax relief to all Texas businesses that are subject to the state's franchise tax.

The plan reduces franchise taxes by 5 percent, provides a

$1 million deduction for businesses with revenue of up to $20 million, lowers the tax rate for 1040EZ tax form filers and gives companies relocating to Texas from out of state a one-time moving expense deduction.

Perry's plan also would make permanent the state's small-business tax exemption, which currently affects 29,000 businesses and is scheduled to end in 2014.

Business-friendly state

The 2011 Small Business Survival Index lists Texas as the third-friendliest state for small business, but lawmakers said they hope to boost it to No. 1 with several ideas.

One proposal would require the comptroller and state agencies to give preferences to small businesses when purchasing goods or services with a value of less than $500,000. Another would create a state Small Business Advisory Council.

Underscoring the importance of small business in the Lone Star State, the House of Representatives has a committee dedicated to small businesses—the House Economic and Small Business Development Committee—which is considering more than 100 bills this session.

In its interim report to the Texas Legislature, the committee recommended that lawmakers make it easier for students to get entrepreneurship education, ease tax burdens on small businesses, create incentives for investing in small businesses, consolidate resources for entrepreneurs and brand the state as immigrant-friendly.

"Most small businesses are not intended to become the next huge corporation," the report said. "But their impact on the economy is important, and we could use a lot more people who, but for a little encouragement, might open their own businesses. [Future entrepreneurs] are probably already in our state, and they don't even know it."

The cottage industry

Bills by Rep. Eddie Rodriguez, D-Austin, would expand the list of foods allowed to be made and sold by small, independent artisans to include non–potentially hazardous foods such as candy, dried fruits, cereal, granola, dry mixes and vinegar.

It also allows those foods to be sold at farmers markets, farm stands, fairs and similar events directly to customers.

Producers would still be required to label their items as home-produced and to include the producer's name and address.

The bill provides opportunities for micro- and startup businesses to meet the growing demand for locally produced foods in both rural and urban areas, Rodriguez said.

Richie Romero, director for the Lone Star Farmers Market in Bee Cave, said he supports the growing cottage food industry, especially as it pertains to the small mom and pop–type of businesses that operate booths at local events.

"I feel like [the cottage food bill] is a good thing because a lot of small businesses can't afford to rent a commercial kitchen or build [one]," Romero said.

However, Romero agrees with a legislative cap on the profits of small businesses that take advantage of this incentive to get their businesses off the ground.

Legal labor certification

Legislation by Capriglione would create a "Made in Texas" certification for businesses that use the E-verify system to make sure their employees are in the U.S. legally.

The bill would benefit small businesses because it rewards them for following the rules, he said.

"If you're a small-business owner, I think you're being penalized," Capriglione said. "If you're trying to keep to the rules [and] follow the laws, you'll find that you're paying these extra expenses and maybe some other business isn't, and I think that's unfair."

To follow specific bills written by lawmakers

Representatives:www.house.state.tx.us/members/

Senators: www.senate.state.tx.us/75r/senate/members.htm



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