1-1  By:  Allen (Senate Sponsor - Shelley)                 H.B. No. 1718
    1-2        (In the Senate - Received from the House May 12, 1993;
    1-3  May 13, 1993, read first time and referred to Committee on Finance;
    1-4  May 21, 1993, reported favorably, as amended, by the following
    1-5  vote:  Yeas 9, Nays 0; May 21, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins                                         x   
   1-13        Ellis              x                               
   1-14        Haley                                          x   
   1-15        Moncrief                                       x   
   1-16        Parker                                         x   
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21  COMMITTEE AMENDMENT NO. 1                                 By:  Sims
   1-22  Amend House Bill 1718 by inserting New SECTION 5 as follows and
   1-23  renumbering remaining SECTIONS accordingly:
   1-24        SECTION 5.  Section 497.035(a), Government Code, is amended
   1-25  to read as follows:
   1-26        Sec. 497.035  OFFENSE:  SALE OR OFFER OF SALE OF
   1-27  PRISON-PRODUCED ARTICLES OR PRODUCTS.  (a)  A person commits an
   1-28  offense if the person intentionally sells or offers to sell on the
   1-29  open market in this state an article or product the person knows
   1-30  was manufactured in whole or in part by an inmate of the
   1-31  institutional division or an inmate in a correctional facility in
   1-32  any other state, other than an inmate who was on probation or
   1-33  parole or employed by an enterprise who has employed the inmate to
   1-34  advantage themselves of the Franchise Tax Credit offered under
   1-35  Subchapter L, Chapter 171, Tax Code at the time of manufacture.
   1-36                         A BILL TO BE ENTITLED
   1-37                                AN ACT
   1-38  relating to work programs for inmates and former inmates of a
   1-39  county jail or state prison.
   1-40        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-41        SECTION 1.  Chapter 171, Tax Code, is amended by adding
   1-42  Subchapter L to read as follows:
   1-43          SUBCHAPTER L.  TAX CREDIT FOR WAGES PAID TO INMATES
   1-44                           OR FORMER INMATES
   1-45        Sec. 171.651.  DEFINITIONS.  In this subchapter:
   1-46              (1)  "Inmate" means an inmate in a prison industries
   1-47  program operated by the prison industries office of the
   1-48  institutional division under Subchapter A, Chapter 497, Government
   1-49  Code.
   1-50              (2)  "Institutional division" means the institutional
   1-51  division of the Texas Department of Criminal Justice.
   1-52        Sec. 171.652.  CREDIT.  A corporation that meets the
   1-53  eligibility requirements under this subchapter is entitled to a
   1-54  credit in the amount allowed by this subchapter against the tax
   1-55  imposed under this chapter.
   1-56        Sec. 171.653.  CREDIT FOR WAGES PAID TO INMATE.  (a)  The
   1-57  amount of the credit for wages paid by a corporation to an inmate
   1-58  is equal to 10 percent of that portion of the wages paid that the
   1-59  institutional division apportions to the state under Section
   1-60  497.004(b)(3), Government Code, as reimbursement for the cost of
   1-61  the inmate's confinement.
   1-62        (b)  A corporation is eligible for the credit under this
   1-63  section only if it receives before the due date of its franchise
   1-64  tax report for the privilege period for which the credit is claimed
   1-65  a written certification from the institutional division stating the
   1-66  amount of the wages that the corporation paid to an inmate during
   1-67  the privilege period and the amount of those wages that the
   1-68  institutional division apportioned to the state as reimbursement
    2-1  for the cost of the inmate's confinement.
    2-2        (c)  A corporation is eligible for the credit under this
    2-3  section only if the inmate for whom it is paid has been
    2-4  continuously employed for not less than six months.
    2-5        Sec. 171.654.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN
    2-6  INMATE.  (a)  The amount of the credit for wages paid by a
    2-7  corporation to an employee who was employed by the corporation when
    2-8  the employee was an inmate is equal to 10 percent of that portion
    2-9  of the wages paid that, were the employee still an inmate, the
   2-10  institutional division would apportion to the state under Section
   2-11  497.004(b)(3), Government Code, as reimbursement for the cost of
   2-12  the inmate's confinement.
   2-13        (b)  A corporation is eligible for the credit under this
   2-14  section only if:
   2-15              (1)  the employee who was formerly an inmate was
   2-16  continuously employed for not less than six months while an inmate
   2-17  and has been continuously employed by the corporation for at least
   2-18  one year after the date that the employee was released from prison;
   2-19              (2)  the nature of the employment is substantially
   2-20  similar to the employment the employee had with the corporation
   2-21  when the employee was an inmate or the employment requires more
   2-22  skills or provides greater opportunities for the employee;
   2-23              (3)  the corporation has provided the institutional
   2-24  division a statement of the amount of wages paid the employee
   2-25  during the accounting period on which the credit is computed; and
   2-26              (4)  the corporation receives before the due date of
   2-27  its franchise tax report for the privilege period for which the
   2-28  credit is claimed a written certification from the institutional
   2-29  division stating the amount of the wages that, were the employee
   2-30  still an inmate, the institutional division would have apportioned
   2-31  to the state as reimbursement for the cost of the inmate's
   2-32  confinement.
   2-33        (c)  A corporation may claim a credit under this section only
   2-34  for:
   2-35              (1)  wages paid an employee after the employee has been
   2-36  employed by the corporation for more than one year after the date
   2-37  of the employee's release from prison; and
   2-38              (2)  wages paid the employee for not longer than one
   2-39  year.
   2-40        Sec. 171.655.  LIMITATION.  The credit claimed for each
   2-41  privilege period may not exceed 50 percent of the amount of net
   2-42  franchise tax due for the privilege period after any other
   2-43  applicable tax credits.
   2-44        Sec. 171.656.  APPLICATION FOR CREDIT.  (a)  A corporation
   2-45  must apply for a credit under this subchapter on or with the tax
   2-46  report for the period for which the credit is claimed.
   2-47        (b)  The comptroller shall promulgate a form for the
   2-48  application for the credit.  A corporation must use this form in
   2-49  applying for the credit.
   2-50        Sec. 171.657.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A
   2-51  corporation may claim a credit under this subchapter for wages paid
   2-52  during an accounting period only against the tax owed for the
   2-53  corresponding privilege period.
   2-54        SECTION 2.  Subchapter A, Chapter 497, Government Code, is
   2-55  amended by adding Section 497.009 to read as follows:
   2-56        Sec. 497.009.  CERTIFICATION FOR FRANCHISE TAX CREDIT.  The
   2-57  institutional division or the prison industries office on behalf of
   2-58  the institutional division shall prepare and issue a certification
   2-59  that a corporation requires to establish eligibility for the
   2-60  franchise tax credit for wages paid to inmates or employees who
   2-61  were inmates under Subchapter L, Chapter 171, Tax Code.
   2-62        SECTION 3.  Subchapter A, Chapter 497, Government Code, is
   2-63  amended by adding Section 497.010 to read as follows:
   2-64        Sec. 497.010.  COMPLIANCE.  The prison industries office may
   2-65  enter into a contract with a private business under Section 497.006
   2-66  only if the contract specifies that the prison industries office
   2-67  and the private business will comply with the Private Sector/Prison
   2-68  Industry Enhancement Certification Program operated by the Bureau
   2-69  of Justice Assistance and authorized by 42 U.S.C. Section 3701 et
   2-70  seq.
    3-1        SECTION 4.  Section 497.022, Government Code, is amended to
    3-2  read as follows:
    3-3        Sec. 497.022.  Purpose.  The purpose of this subchapter is
    3-4  to:
    3-5              (1)  provide adequate, regular, and suitable employment
    3-6  for the vocational training and rehabilitation of inmates,
    3-7  consistent with proper penal purposes;
    3-8              (2)  use the labor of inmates for self-maintenance;
    3-9              (3)  reimburse the state for expenses caused by the
   3-10  crimes of inmates and the cost of their confinement; <and>
   3-11              (4)  provide for the requisition and disbursement of
   3-12  institutional division articles and products through established
   3-13  state authorities to eliminate the possibility of private profits
   3-14  from the distribution of those articles and products; and
   3-15              (5)  provide materials, products, or articles for sale
   3-16  to a private person or for the use of the state or a political
   3-17  subdivision of the state.
   3-18        SECTION 5.  A corporation may claim the credit under
   3-19  Subchapter L, Chapter 171, Tax Code, as added by this Act, only for
   3-20  any wages paid or incurred on or after the effective date of this
   3-21  Act and only on a franchise tax report due under Chapter 171, Tax
   3-22  Code, on or after January 1, 1994.
   3-23        SECTION 6.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended.
   3-28                               * * * * *
   3-29                                                         Austin,
   3-30  Texas
   3-31                                                         May 21, 1993
   3-32  Hon. Bob Bullock
   3-33  President of the Senate
   3-34  Sir:
   3-35  We, your Committee on Finance to which was referred H.B. No. 1718,
   3-36  have had the same under consideration, and I am instructed to
   3-37  report it back to the Senate with the recommendation that it do
   3-38  pass, as amended, and be printed.
   3-39                                                         Montford,
   3-40  Chairman
   3-41                               * * * * *
   3-42                               WITNESSES
   3-43                                                  FOR   AGAINST  ON
   3-44  ___________________________________________________________________
   3-45  Name:  Jeff Kloster                                            x
   3-46  Representing:  Senator Shelley's Office
   3-47  City:  Austin
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