By:  Patterson                                        H.B. No. 2205
       73R3337 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the imposition, collection, administration, and civil
    1-3  and criminal enforcement of an occupation tax on banks and savings
    1-4  and loan associations based on gross deposits.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subtitle G, Title 2, Tax Code, is amended by
    1-7  adding Chapter 183 to read as follows:
    1-8         CHAPTER 183.  OCCUPATION TAX BASED ON GROSS DEPOSITS
    1-9                      SUBCHAPTER A.  DEFINITIONS
   1-10        Sec. 183.001.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Bank" means a state or national bank, domestic or
   1-12  foreign bank, or a bank organized under Section 25(a) of the
   1-13  Federal Reserve Act (12 U.S.C. Sections 611-631) (edge
   1-14  corporations), but does not include a bank holding company as
   1-15  defined by Section 2 of the Bank Holding Company Act of 1956 (12
   1-16  U.S.C. Section 1841).
   1-17              (2)  "Branch" means a facility operated by a financial
   1-18  institution at which the financial institution receives deposits,
   1-19  pays checks, or lends money, but does not include:
   1-20                    (A)  the principal office of the financial
   1-21  institution;
   1-22                    (B)  an automatic teller machine; or
   1-23                    (C)  a drive-in facility.
   1-24              (3)  "Charitable organization" means any organization
    2-1  exempt from federal income tax under Section 501(a) of the Internal
    2-2  Revenue Code of 1986 by being listed as an exempt organization in
    2-3  Sections 501(c)(3) through 501(c)(10) of the code.
    2-4              (4)  "Deposits" means the balance of money or its
    2-5  equivalent held by a financial institution in the usual course of
    2-6  business for which the financial institution has given or is
    2-7  obligated to give credit, conditionally or unconditionally, to a
    2-8  commercial, checking, savings, time, or thrift account or that is
    2-9  evidenced by a certificate of deposit.
   2-10              (5)  "Financial institution" means a bank or a savings
   2-11  and loan association.
   2-12              (6)  "Local area" means a financial institution's local
   2-13  community, as delineated under federal regulations adopted under
   2-14  the Community Reinvestment Act of 1977 (12 U.S.C. Section 2901 et
   2-15  seq.).
   2-16              (7)  "Local area borrower" means a borrower that is an
   2-17  individual residing in a financial institution's local area, a
   2-18  business having its principal place of business in the
   2-19  institution's local area, or an entity conducting the majority of
   2-20  its affairs in the institution's local area.
   2-21              (8)  "Savings and loan association" means a savings and
   2-22  loan association or a savings bank organized under the laws of this
   2-23  state, another state, or the United States.
   2-24              (9)  "Tax" means the occupation tax on gross deposits
   2-25  imposed by this chapter.
   2-26           (Sections 183.002-183.020 reserved for expansion
   2-27            SUBCHAPTER B.  TAX IMPOSED; PAYMENT AND REPORTS
    3-1        Sec. 183.021.  TAX IMPOSED; RATE.  (a)  A tax is imposed on a
    3-2  financial institution that engages in the business of accepting
    3-3  deposits in this state.
    3-4        (b)  The tax rate is two percent of the average annual net
    3-5  taxable deposits of the financial institution.
    3-6        Sec. 183.022.  REGULAR ANNUAL PERIOD COVERED BY TAX.  The tax
    3-7  is for a regular annual period beginning each year on May 1 and
    3-8  ending the following April 30.
    3-9        Sec. 183.023.  DATE ON WHICH PAYMENT IS DUE.  Payment of the
   3-10  tax is due March 15 of each year before the beginning of the
   3-11  regular annual period.
   3-12        Sec. 183.024.  PAYMENT TO COMPTROLLER.  A financial
   3-13  institution shall pay the tax to the comptroller.
   3-14        Sec. 183.025.  REPORTS.  (a)  Each financial institution in
   3-15  this state shall report to the comptroller on or before March 15 of
   3-16  the year after the year in which the fiscal year ends.
   3-17        (b)  The report must include for the computation period
   3-18  covered by the report:
   3-19              (1)  the total deposits of the institution;
   3-20              (2)  the allocations of deposits among the principal
   3-21  office and branches as required by Section 183.045 if the
   3-22  institution's annual gross deposits are $300 million or more;
   3-23              (3)  the value of loans made to local area borrowers
   3-24  that qualify for deductions under this chapter if the institution's
   3-25  annual gross deposits are $300 million or more; and
   3-26              (4)  any other information required by the
   3-27  comptroller's rules.
    4-1        Sec. 183.026.  PAYMENT AND REPORTING; NEW INSTITUTIONS.  (a)
    4-2  The comptroller by rule shall provide for the reporting,
    4-3  computation, and payment of the tax for financial institutions that
    4-4  begin accepting deposits in this state after May 1, 1994.
    4-5        (b)  The rules shall provide for an initial period and a
    4-6  second period for the payment of the tax in the same manner as the
    4-7  franchise taxes imposed under Chapter 171 are paid and reported for
    4-8  corporations that begin doing business in this state.
    4-9           (Sections 183.027-183.040 reserved for expansion
   4-10                   SUBCHAPTER C.  COMPUTATION OF TAX
   4-11        Sec. 183.041.  COMPUTATION PERIOD.  The tax covering the
   4-12  regular annual period for a financial institution is determined on
   4-13  a computation period consisting of the institution's fiscal year
   4-14  that ends in the year before the year in which the tax is due.
   4-15        Sec. 183.042.  AVERAGE ANNUAL GROSS DEPOSITS.  A financial
   4-16  institution shall determine its average annual gross deposits for a
   4-17  computation period by dividing the sum of the daily deposits for
   4-18  the computation period by 365.
   4-19        Sec. 183.043.  GROSS TAXABLE DEPOSITS.  A financial
   4-20  institution shall determine its gross taxable deposits for a
   4-21  computation period by subtracting from the institution's average
   4-22  annual gross deposits for the computation period:
   4-23              (1)  $300 million;
   4-24              (2)  the average annual deposits made at the
   4-25  institution by other financial institutions;
   4-26              (3)  the average annual deposits made at the
   4-27  institution by the federal or state government or any political
    5-1  subdivision of the state government, or any board, commission,
    5-2  department, institution, agency, or office within the federal or
    5-3  state government or within a political subdivision of the state
    5-4  government;
    5-5              (4)  the average annual deposits made at the
    5-6  institution by foreign countries; and
    5-7              (5)  the average annual deposits made at the
    5-8  institution by an individual who is not a citizen of the United
    5-9  States and who is not a resident of this state or by a legal entity
   5-10  that is created under a charter or other authorization issued by a
   5-11  foreign country and that is not engaged in business in this state.
   5-12        Sec. 183.044.  AVERAGE ANNUAL NET TAXABLE DEPOSITS.  A
   5-13  financial institution shall determine its average annual net
   5-14  taxable deposits for a computation period by subtracting from its
   5-15  gross taxable deposits for the computation period:
   5-16              (1)  the product of 1.75 and the average annual balance
   5-17  of the institution's loans made to local area borrowers; and
   5-18              (2)  the amount of cash contributed by the institution
   5-19  to charitable organizations in the institution's local area.
   5-20        Sec. 183.045.  ALLOCATIONS AMONG BRANCHES.  (a)  A financial
   5-21  institution that has a principal office and one or more branches in
   5-22  this state shall report its average annual gross deposits, gross
   5-23  taxable deposits, and average annual net taxable deposits
   5-24  separately for the office and each branch, using the amounts of
   5-25  deposits and loans assigned to each facility.  The $300 million
   5-26  deduction provided by Section 183.043(1) is allocated among an
   5-27  institution's office and branches according to each facility's
    6-1  proportionate share of the average annual gross deposits of the
    6-2  financial institution.
    6-3        (b)  If the allocations and assignments under Subsection (a)
    6-4  result in an office or branch having average annual net taxable
    6-5  deposits of less than zero, the financial institution may transfer
    6-6  the negative amount to the principal office or another branch and
    6-7  treat the amount as a deduction to that facility's average annual
    6-8  net taxable deposits.
    6-9        (c)  A financial institution may not carry an unused
   6-10  deduction from one computation period to a different computation
   6-11  period.
   6-12           (Sections 183.046-183.060 reserved for expansion
   6-13                 SUBCHAPTER D.  ENFORCEMENT; PENALTIES
   6-14        Sec. 183.061.  EXAMINATION OF FINANCIAL INSTITUTIONS.  To
   6-15  determine the tax liability of a financial institution, the
   6-16  comptroller may investigate or examine the records of the financial
   6-17  institution.
   6-18        Sec. 183.062.  INTEREST.  (a)  The yearly interest rate on
   6-19  the delinquent payment of the tax is 10 percent.
   6-20        (b)  A delinquent tax draws interest beginning on the 60th
   6-21  day after the date that the tax is due.
   6-22        Sec. 183.063.  PENALTY.  A penalty of 10 percent of the tax
   6-23  due is imposed on a financial institution that does not pay the tax
   6-24  when due.
   6-25        Sec. 183.064.  STATE DEPOSITORY.  The comptroller shall
   6-26  notify the state treasurer if a financial institution designated as
   6-27  a state depository under Chapter 404, Government Code, fails to
    7-1  report or pay the tax.
    7-2        Sec. 183.065.  PENALTY FOR FAILURE TO FILE REPORT.  (a)  A
    7-3  person commits an offense if the person fails to file a report as
    7-4  required by this chapter.
    7-5        (b)  An offense under this section is a Class A misdemeanor.
    7-6           (Sections 183.066-183.080 reserved for expansion
    7-7        SUBCHAPTER E.  ALLOCATION OF REVENUE; CREATION OF FUND
    7-8        Sec. 183.081.  ALLOCATION.  The comptroller shall allocate
    7-9  the revenue from the tax as follows:
   7-10              (1)  one-fourth to the foundation school fund;
   7-11              (2)  three-eighths to the municipal economic
   7-12  development fund created under Section 481.361, Government Code;
   7-13  and
   7-14              (3)  three-eighths to the young farmer endowment fund
   7-15  created under Section 253.008, Agriculture Code.
   7-16        SECTION 2.  Chapter 481, Government Code, is amended by
   7-17  adding Subchapter AA to read as follows:
   7-18                 SUBCHAPTER AA.  MUNICIPAL DEVELOPMENT
   7-19        Sec. 481.361.  MUNICIPAL ECONOMIC DEVELOPMENT FUND.  (a)  The
   7-20  municipal economic development fund is a fund in the state
   7-21  treasury.
   7-22        (b)  Money in the fund may be appropriated only to the Texas
   7-23  Department of Commerce for grants to municipalities for
   7-24  infrastructure and economic development.
   7-25        (c)  The board shall promulgate rules to administer the grant
   7-26  program under the fund.  The board shall give preference in the
   7-27  rules to proposed projects that include telecommunications or high
    8-1  technology efforts.
    8-2        SECTION 3.  Section 404.021, Government Code, is amended by
    8-3  adding Subsection (d) to read as follows:
    8-4        (d)  An institution is not eligible to be a state depository
    8-5  if the institution fails to report or pay the occupation tax on
    8-6  gross deposits due under Chapter 183, Tax Code.
    8-7        SECTION 4.  Section 404.022, Government Code, is amended by
    8-8  amending Subsection (c) and adding Subsection (j) to read as
    8-9  follows:
   8-10        (c)  The application for designation as a state depository
   8-11  must include a statement:
   8-12              (1)  of the amount of the applicant's paid capital
   8-13  stock and permanent surplus, if any, or if the applicant is a
   8-14  private bank, the amount of net proprietorship;
   8-15              (2)  of the maximum amount of state funds the applicant
   8-16  will accept;
   8-17              (3)  of the applicant's condition on the date the
   8-18  application is submitted; <and>
   8-19              (4)  that the books and accounts of the institution, if
   8-20  it is designated as a state depository, will be open at all times
   8-21  for inspection by the board or a member or accredited
   8-22  representative of the board; and
   8-23              (5)  that the institution reported and paid any
   8-24  occupation tax on gross deposits due under Chapter 183, Tax Code,
   8-25  on or before the application date.
   8-26        (j)  If an institution previously designated as a state
   8-27  depository fails to report or pay the occupation tax on gross
    9-1  deposits imposed by Chapter 183, Tax Code, the treasurer shall
    9-2  withdraw state funds from the institution, except that the
    9-3  treasurer is not required to withdraw funds at a time or in a
    9-4  manner that will result in loss to the state.
    9-5        SECTION 5.  The first report and the first tax payable under
    9-6  Chapter 183, Tax Code, as added by this Act, are due on or before
    9-7  March 15, 1994, for the regular annual period beginning May 1,
    9-8  1994.
    9-9        SECTION 6.  The importance of this legislation and the
   9-10  crowded condition of the calendars in both houses create an
   9-11  emergency and an imperative public necessity that the
   9-12  constitutional rule requiring bills to be read on three several
   9-13  days in each house be suspended, and this rule is hereby suspended,
   9-14  and that this Act take effect and be in force from and after its
   9-15  passage, and it is so enacted.