73R10039 E
          By Allen                                              H.B. No. 1718
          Substitute the following for H.B. No. 1718:
          By Granoff                                        C.S.H.B. No. 1718
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to work programs for inmates and former inmates of a
    1-3  county jail or state prison.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 171, Tax Code, is amended by adding
    1-6  Subchapter L to read as follows:
    1-7          SUBCHAPTER L.  TAX CREDIT FOR WAGES PAID TO INMATES
    1-8                           OR FORMER INMATES
    1-9        Sec. 171.651.  DEFINITIONS.  In this subchapter:
   1-10              (1)  "Inmate" means an inmate in a prison industries
   1-11  program operated by the prison industries office of the
   1-12  institutional division under Subchapter A, Chapter 497, Government
   1-13  Code.
   1-14              (2)  "Institutional division" means the institutional
   1-15  division of the Texas Department of Criminal Justice.
   1-16        Sec. 171.652.  CREDIT.  A corporation that meets the
   1-17  eligibility requirements under this subchapter is entitled to a
   1-18  credit in the amount allowed by this subchapter against the tax
   1-19  imposed under this chapter.
   1-20        Sec. 171.653.  CREDIT FOR WAGES PAID TO AN INMATE.  (a)  The
   1-21  amount of the credit for wages paid by a corporation to an inmate
   1-22  is equal to 10 percent of that portion of the wages paid that the
   1-23  institutional division apportions to the state under Section
   1-24  497.004(b)(3), Government Code, as reimbursement for the cost of
    2-1  the inmate's confinement.
    2-2        (b)  A corporation is eligible for the credit under this
    2-3  section only if it receives before the due date of its franchise
    2-4  tax report for the privilege period for which the credit is claimed
    2-5  a written certification from the institutional division stating the
    2-6  amount of the wages that the corporation paid to an inmate during
    2-7  the privilege period and the amount of those wages that the
    2-8  institutional division apportioned to the state as reimbursement
    2-9  for the cost of the inmate's confinement.
   2-10        Sec. 171.654.  CREDIT FOR WAGES PAID TO AN EMPLOYEE WHO WAS
   2-11  AN INMATE.  (a)  The amount of the credit for wages paid by a
   2-12  corporation to an employee who was employed by the corporation when
   2-13  the employee was an inmate is equal to 10 percent of that portion
   2-14  of the wages paid that, were the employee still an inmate, the
   2-15  institutional division would apportion to the state under Section
   2-16  497.004(b)(3), Government Code, as reimbursement for the cost of
   2-17  the inmate's confinement.
   2-18        (b)  A corporation is eligible for the credit under this
   2-19  section only if:
   2-20              (1)  the employee who was formerly an inmate has been
   2-21  continuously employed by the corporation for at least one year
   2-22  after the date that the employee was released from prison;
   2-23              (2)  the nature of the employment is substantially
   2-24  similar to the employment the employee had with the corporation
   2-25  when the employee was an inmate or the employment requires more
   2-26  skills or provides greater opportunities for the employee;
   2-27              (3)  the corporation has provided the institutional
    3-1  division a statement of the amount of wages paid the employee
    3-2  during the accounting period on which the credit is computed; and
    3-3              (4)  the corporation receives before the due date of
    3-4  its franchise tax report for the privilege period for which the
    3-5  credit is claimed a written certification from the institutional
    3-6  division stating the amount of the wages that, were the employee
    3-7  still an inmate, the institutional division would have apportioned
    3-8  to the state as reimbursement for the cost of the inmate's
    3-9  confinement.
   3-10        (c)  A corporation may claim a credit under this section only
   3-11  for wages paid an employee after the employee has been employed by
   3-12  the corporation for more than one year after the date of the
   3-13  employee's release from prison.
   3-14        Sec. 171.655.  LIMITATION.  The credit claimed for each
   3-15  privilege period may not exceed 50 percent of the amount of net
   3-16  franchise tax due for the privilege period after any other
   3-17  applicable tax credits.
   3-18        Sec. 171.656.  APPLICATION FOR CREDIT.  (a)  A corporation
   3-19  must apply for a credit under this subchapter on or with the tax
   3-20  report for the period for which the credit is claimed.
   3-21        (b)  The comptroller shall promulgate a form for the
   3-22  application for the credit.  A corporation must use this form in
   3-23  applying for the credit.
   3-24        Sec. 171.657.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A
   3-25  corporation may claim a credit under this subchapter for wages paid
   3-26  during an accounting period only against the tax owed for the
   3-27  corresponding privilege period.
    4-1        SECTION 2.  Subchapter A, Chapter 497, Government Code, is
    4-2  amended by adding Section 497.009 to read as follows:
    4-3        Sec. 497.009.  CERTIFICATION FOR FRANCHISE TAX CREDIT.  The
    4-4  institutional division or the prison industries office on behalf of
    4-5  the institutional division shall prepare and issue a certification
    4-6  that a corporation requires to establish eligibility for the
    4-7  franchise tax credit for wages paid to inmates or employees who
    4-8  were inmates under Subchapter L, Chapter 171, Tax Code.
    4-9        SECTION 3.  Subchapter A, Chapter 497, Government Code, is
   4-10  amended by adding Section 497.010 to read as follows:
   4-11        Sec. 497.010.  COMPLIANCE.  The prison industries office may
   4-12  enter into a contract with a private business under Section 497.006
   4-13  only if the contract specifies that the prison industries office
   4-14  and the private business will comply with the Private Sector/Prison
   4-15  Industry Enhancement Certification Program operated by the Bureau
   4-16  of Justice Assistance and authorized by 42 U.S.C. Sec. 3701 et seq.
   4-17        SECTION 4.  Section 497.022, Government Code, is amended to
   4-18  read as follows:
   4-19        Sec. 497.022.  Purpose.  The purpose of this subchapter is
   4-20  to:
   4-21              (1)  provide adequate, regular, and suitable employment
   4-22  for the vocational training and rehabilitation of inmates,
   4-23  consistent with proper penal purposes;
   4-24              (2)  use the labor of inmates for self-maintenance;
   4-25              (3)  reimburse the state for expenses caused by the
   4-26  crimes of inmates and the cost of their confinement; <and>
   4-27              (4)  provide for the requisition and disbursement of
    5-1  institutional division articles and products through established
    5-2  state authorities to eliminate the possibility of private profits
    5-3  from the distribution of those articles and products; and
    5-4              (5)  provide materials, products, or articles for sale
    5-5  to a private person or for the use of the state or a political
    5-6  subdivision of the state.
    5-7        SECTION 5.  The Texas Unemployment Compensation Act (Article
    5-8  5221b-1 et seq., Vernon's Texas Civil Statutes) is amended by
    5-9  adding Section 7d to read as follows:
   5-10        Sec. 7d.  CREDIT FOR CONTRIBUTIONS PAID TO INMATES OR FORMER
   5-11  INMATES.  (a)  In this section, "inmate" means an inmate in a
   5-12  prison industries program operated by the prison industries office
   5-13  of the institutional division of the Texas Department of Criminal
   5-14  Justice under Subchapter A, Chapter 497, Government Code.
   5-15        (b)  An employer that meets the eligibility requirements
   5-16  under this section is entitled to a credit in the amount allowed by
   5-17  this section against contributions owed by the employer under
   5-18  Section 7 of this Act.
   5-19        (c)  An employer is eligible for the credit under this
   5-20  section for an employee if:
   5-21              (1)  the employee was continuously employed by the
   5-22  employer for at least six months while the employee was an inmate;
   5-23              (2)  the employee has been continuously employed by the
   5-24  corporation for at least one year after the date that the employee
   5-25  was released from prison; and
   5-26              (3)  the nature of the employment is substantially
   5-27  similar to the employment the employee had with the employer when
    6-1  the employee was an inmate or the employment requires more skills
    6-2  or provides greater opportunities for the employee.
    6-3        (d)  An employer who qualifies for a credit under this
    6-4  section must apply to the Commission for the credit.  The
    6-5  Commission shall promulgate a form for the application for the
    6-6  credit.  An employer must use this form in applying for the credit.
    6-7        (e)  The amount of the credit is the amount of contributions
    6-8  paid by the employer under Section 7 of this Act for the employee:
    6-9              (1)  while the employee was an inmate; and
   6-10              (2)  for one year after the date that the employee was
   6-11  released from prison.
   6-12        (f)  The Commission shall apply the credit under this section
   6-13  for contributions paid by the employer under Section 7 of this Act
   6-14  for the employee against contributions that the employer owes for
   6-15  the employee after the employee has been continuously employed by
   6-16  the employer for one year after the date that the employee was
   6-17  released from prison.
   6-18        (g)  A credit under this section is not transferable between
   6-19  employees.
   6-20        (h)  An employee earns benefit wage credits for employment
   6-21  during the period in which the employer receives a credit under
   6-22  this section in the same manner and amount as if the employer paid
   6-23  the full amount otherwise due under Section 7 of this Act.
   6-24        SECTION 6.  (a)  A corporation may claim the credit under
   6-25  Subchapter L, Chapter 171, Tax Code, as added by this Act, only for
   6-26  any wages paid or incurred on or after the effective date of this
   6-27  Act and only on a franchise tax report due under Chapter 171, Tax
    7-1  Code, on or after January 1, 1994.
    7-2        (b)  An employer may claim the credit under Section 7d, Texas
    7-3  Unemployment Compensation Act (Article 5221b-1 et seq., Vernon's
    7-4  Texas Civil Statutes), as added by this Act, only for any
    7-5  contributions paid under Section 7, Texas Unemployment Compensation
    7-6  Act (Article 5221b-1 et seq., Vernon's Texas Civil Statutes), on or
    7-7  after the effective date of this Act.
    7-8        SECTION 7.  The importance of this legislation and the
    7-9  crowded condition of the calendars in both houses create an
   7-10  emergency and an imperative public necessity that the
   7-11  constitutional rule requiring bills to be read on three several
   7-12  days in each house be suspended, and this rule is hereby suspended.