10/02/2026
This week, in a direct response to TRA’s advocacy efforts, Texas Comptroller of Public Accounts Don Huffines signed an executive order to eliminate a tax on third-party delivery fees that has frustrated restaurant operators for years.
Right now, when customers order food from third-party delivery companies like DoorDash, UberEats, or GrubHub, the customer pays sales tax on their order. In many instances, the fees a restaurant pays to a third-party delivery company are not a separate payment. Instead, the fees are deducted from the customer's payment before the balance is sent to the restaurant. In this way, the state has been double taxing a single order.
But under this change, restaurants should no longer have to pay this tax.
We have raised this issue repeatedly over the years, never giving up. When Comptroller Huffines was recently sworn into office, he quickly identified this as something he wanted to better understand. He convened a group of business leaders to give him feedback, and we were grateful to be included.
So what’s next? The Comptroller's Office is publishing a draft rule to implement this change in the next Texas Register, which will start the formal rulemaking process in early October. They hope to get the new rule in effect as early as December, and then restaurants should start seeing the savings.
We will participate in the rulemaking process to ensure this tax relief is as broad as possible for our members.
Thank you for being a part of this community. We know every dollar counts right now, and we're honored to advocate for you in Austin, in DC, and in every local community across our state.
