Texas Comptroller Don Huffines has signed four directives he calls "executive orders" since late September, and each one sets agency staff to work rewriting rules on taxes or on the terms that come with state contracts and grants, The Texas Tribune reported Wednesday.
Huffines, whom Gov. Greg Abbott appointed to the post in August, faces Democratic state Sen. Sarah Eckhardt of Austin on the Nov. 3 ballot for a full four-year term.
The four orders
- Online marketplace fees (Sept. 30): Staff were told to propose a rule ending the state's data processing tax on fees that platforms such as eBay, Amazon, DoorDash and Etsy charge sellers. The proposal ran in the Texas Register, where the agency conceded the state would lose general revenue but said businesses would benefit from lower costs and less uncertainty.
- Medical records (Oct. 6): A proposed change to Rule 3.342 would stop treating electronic health records, patient portals and similar systems as taxable information or data processing services. The comptroller's office said a 30-day public comment period follows publication.
- License plate cameras (Oct. 13): Comptroller grant money could no longer pay for Flock cameras or other automated license plate readers. Abbott had directed state agencies in August to stop funding Flock cameras.
- Diversity programs (Oct. 15): Contractors and grantees would have to certify they run no diversity, equity and inclusion program that violates anti-discrimination law. The office said more contract and grant terms are coming.
What the orders do and do not do
The orders direct internal agency action and go through the normal rulemaking process, which the comptroller can largely start without them. The Flock order says it imposes no obligation on any grantee or contractor until rules are adopted.
Huffines has framed the tax changes as relief. "No Texan should have to pay a tax to see their own medical records," he said in announcing the second order.
