By Parker                                              S.B. No. 554
          Substitute the following for S.B. No. 554:
          By Craddick                                        C.S.S.B. No. 554
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the determination and apportionment of taxable capital
    1-3  and taxable earned surplus for franchise tax purposes.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 171.101(a), Tax Code, is amended to read
    1-6  as follows:
    1-7        (a)  Except as provided by Subsections (b) and (c), the net
    1-8  taxable capital of a corporation is computed by:
    1-9              (1)  adding the corporation's stated capital, as
   1-10  defined by Article 1.02, Texas Business Corporation Act, and the
   1-11  corporation's surplus, to determine the corporation's taxable
   1-12  capital;
   1-13              (2)  apportioning the corporation's taxable capital to
   1-14  this state as provided by Section 171.106(a) or (c), as applicable,
   1-15  or, if a banking corporation, as provided by Section 171.1065, to
   1-16  determine the corporation's apportioned taxable capital; and
   1-17              (3)  subtracting from the amount computed under
   1-18  Subdivision (2) any other allowable deductions to determine the
   1-19  corporation's net taxable capital.
   1-20        SECTION 2.  Section 171.103, Tax Code, is amended to read as
   1-21  follows:
   1-22        Sec. 171.103.  Determination of Gross Receipts From Business
   1-23  Done in this State for Taxable Capital.  Except as specifically
   1-24  provided by Section 171.1031 for a savings and loan association or
    2-1  Section 171.1033 for a banking corporation, in <In> apportioning
    2-2  taxable capital, the gross receipts of a corporation from its
    2-3  business done in this state is the sum of the corporation's
    2-4  receipts from:
    2-5              (1)  each sale of tangible personal property if the
    2-6  property is delivered or shipped to a buyer in this state
    2-7  regardless of the FOB point or another condition of the sale, and
    2-8  each sale of tangible personal property shipped from this state to
    2-9  a purchaser in another state in which the seller is not subject to
   2-10  taxation;
   2-11              (2)  each service performed in this state;
   2-12              (3)  each rental of property situated in this state;
   2-13              (4)  each royalty for the use of a patent or copyright
   2-14  in this state; and
   2-15              (5)  other business done in this state.
   2-16        SECTION 3.  Section 171.1031, Tax Code, is amended to read as
   2-17  follows:
   2-18        Sec. 171.1031.  APPORTIONMENT OF TAXABLE CAPITAL AND TAXABLE
   2-19  EARNED SURPLUS OF <BANKING CORPORATION AND> A SAVINGS AND LOAN
   2-20  ASSOCIATION.  (a)  Interest and dividends received by <a banking
   2-21  corporation or> a savings and loan association are gross receipts
   2-22  of the <banking corporation or> savings and loan association from
   2-23  its business done in this state if the <banking corporation or>
   2-24  savings and loan association has its commercial domicile in this
   2-25  state.
   2-26        (b)  This section does not apply to any corporation other
   2-27  than <a banking corporation and> a savings and loan association.
    3-1        <(c)  To the extent that this subsection does not conflict
    3-2  with Article 8, Chapter 9, The Texas Banking Code of 1943 (Article
    3-3  342-908, Vernon's Texas Civil Statutes), the Banking Department of
    3-4  Texas is required to revoke the charter of any banking corporation
    3-5  certified by the Comptroller as being delinquent in the payment of
    3-6  its franchise tax.>
    3-7        SECTION 4.  Section 171.1032(a), Tax Code, is amended to read
    3-8  as follows:
    3-9        (a)  Except as specifically provided under Section 171.1031
   3-10  for a savings and loan association or Section 171.1033 for a
   3-11  banking corporation, in <In> apportioning taxable earned surplus,
   3-12  the gross receipts of a corporation from its business done in this
   3-13  state is the sum of the corporation's receipts from:
   3-14              (1)  each sale of tangible personal property if the
   3-15  property is delivered or shipped to a buyer in this state
   3-16  regardless of the FOB point or another condition of the sale, and
   3-17  each sale of tangible personal property shipped from this state to
   3-18  a purchaser in another state in which the seller is not subject to
   3-19  taxation;
   3-20              (2)  each service performed in this state;
   3-21              (3)  each rental of property situated in this state;
   3-22              (4)  each royalty for the use of a patent or copyright
   3-23  in this state; and
   3-24              (5)  other business done in this state.
   3-25        SECTION 5.  Chapter 171, Tax Code, is amended by adding
   3-26  Section 171.1033 to read as follows:
   3-27        Sec. 171.1033.  DETERMINATION OF GROSS RECEIPTS, PROPERTY,
    4-1  AND PAYROLL FOR TAXABLE CAPITAL AND TAXABLE EARNED SURPLUS OF A
    4-2  BANKING CORPORATION.  A banking corporation shall determine the
    4-3  gross receipts factor, property factor, and payroll factor for
    4-4  purposes of apportioning taxable capital and taxable earned surplus
    4-5  in accordance with this section.
    4-6        (b)  The gross receipts factor is a fraction the numerator of
    4-7  which is the gross receipts of the banking corporation from its
    4-8  business done in this state during the period on which the tax is
    4-9  based and the denominator of which is the gross receipts of the
   4-10  banking corporation within and without this state during the period
   4-11  on which the tax is based.  Gross receipts of a banking corporation
   4-12  not specifically described under the provisions of Subdivisions (1)
   4-13  through (13) are apportioned as business done in this state under
   4-14  the rules prescribed by Section 171.103 for taxable capital and
   4-15  under the rules prescribed by Section 171.1032 for taxable earned
   4-16  surplus.  The numerator of the gross receipts factor includes all
   4-17  interest and fees or penalties in the nature of interest and all
   4-18  net gains (but not less than zero), charges, fees, or other
   4-19  receipts of the banking corporation from:
   4-20              (1)  the lease or rental of real property owned by the
   4-21  taxpayer if the property is located in this state or the sublease
   4-22  of real property if the property is located in this state;
   4-23              (2)  the lease or rental of tangible personal property
   4-24  owned by the taxpayer if the property is located in this state when
   4-25  it is first placed in service, other than receipts from the lease
   4-26  or rental of movable tangible property, such as rolling stock,
   4-27  water vessels, or mobile equipment, included in the numerator of
    5-1  the property factor under Subsection (c);
    5-2              (3)  loans secured by real property if the real
    5-3  property securing the loan is primarily located in this state at
    5-4  the time the original loan agreement was made, provided that if a
    5-5  loan is secured by real property not primarily located in any one
    5-6  state at the time the original loan agreement is made, the gross
    5-7  receipts from the loan are apportioned to this state if the
    5-8  borrower is engaged in a trade or business in this state and
    5-9  maintains its commercial domicile in this state or if the borrower
   5-10  is not engaged in a trade or business in this state but has its
   5-11  billing address in this state;
   5-12              (4)  loans not secured by real property if the borrower
   5-13  is engaged in a trade or business in this state and maintains its
   5-14  commercial domicile in this state or if the borrower is not engaged
   5-15  in a trade or business in this state but has its billing address in
   5-16  this state;
   5-17              (5)  syndication loans or participation loans, provided
   5-18  that the taxpayer's portion of the interest, fees, or penalties in
   5-19  the nature of interest from syndication loans or participation
   5-20  loans is included in the numerator of the gross receipts factor in
   5-21  the same manner as gross receipts from loans are included in the
   5-22  numerator of the gross receipts factor under Subdivisions (3) and
   5-23  (4);
   5-24              (6)  syndicated lease transactions involving the lease
   5-25  of real property or tangible personal property, provided that the
   5-26  taxpayer's portion of the interest, fees, or penalties in the
   5-27  nature of interest from syndicated lease transactions is included
    6-1  in the numerator of the gross receipts factor in the same manner as
    6-2  gross receipts from leases of real property or tangible personal
    6-3  property are included in the numerator of the receipts factor under
    6-4  Subdivisions (1) and (2);
    6-5              (7)  net gains, including income recorded under the
    6-6  coupon stripping rule of Section 1286 of the Internal Revenue Code,
    6-7  from the sale of all loans, including syndication loans and
    6-8  participation loans, provided that:
    6-9                    (A)  if the gains are from the sale of loans
   6-10  secured by real property, the amount of the net gains included as
   6-11  business done in this state is determined by multiplying the net
   6-12  gains by a fraction, the numerator of which is the amount included
   6-13  as business done in this state under Subdivision (3) and the
   6-14  denominator of which is the taxpayer's total amount of interest and
   6-15  fees or penalties in the nature of interest from loans secured by
   6-16  real property; and
   6-17                    (B)  if the gains are from the sale of loans not
   6-18  secured by real property, the amount of the net gains included as
   6-19  business done in this state is determined by multiplying the net
   6-20  gains by a fraction, the numerator of which is the amount included
   6-21  as business done in this state under Subdivision (4) and the
   6-22  denominator of which is the taxpayer's total amount of interest and
   6-23  fees or penalties in the nature of interest from loans not secured
   6-24  by real property;
   6-25              (8)  credit card receivables and credit card fees
   6-26  charged to card holders, such as annual fees, if the billing
   6-27  address of the card holder is in this state;
    7-1              (9)  credit card issuer's reimbursement fees and any
    7-2  net gains from the sale of credit card receivables; provided that
    7-3  the amount of credit card issuer's reimbursement fees or net gains
    7-4  from the sale of credit card receivables included as business done
    7-5  in this state is determined by multiplying the credit card
    7-6  reimbursement fees or net gains from the sale of credit card
    7-7  receivables, respectively, by a fraction, the numerator of which is
    7-8  the amount included as business done in this state from credit card
    7-9  receivables and credit card fees under Subdivision (8) and the
   7-10  denominator of which is the taxpayer's total amount of gross
   7-11  receipts from credit card receivables and credit card fees charged
   7-12  to card holders;
   7-13              (10)  merchant discounts, if the commercial domicile of
   7-14  the merchant is in this state;
   7-15              (11)  loan servicing fees, provided that:
   7-16                    (A)  if the loan servicing fees are derived from
   7-17  loans secured by real property, the amount of the loan servicing
   7-18  fees included as business done in this state is determined by
   7-19  multiplying the loan servicing fees by a fraction, the numerator of
   7-20  which is the amount included as business done in this state under
   7-21  Subdivision (3) and the denominator of which is the taxpayer's
   7-22  total amount of gross receipts from loans secured by real property;
   7-23  and
   7-24                    (B)  if the loan servicing fees are derived from
   7-25  loans not secured by real property, the amount of the loan
   7-26  servicing fees included as business done in this state is
   7-27  determined by multiplying the loan servicing fees by a fraction,
    8-1  the numerator of which is the amount included as business done in
    8-2  this state under Subdivision (4) and the denominator of which is
    8-3  the taxpayer's total amount of gross receipts from loans not
    8-4  secured by real property;
    8-5              (12)  all other fees or charges for services not
    8-6  otherwise apportioned under this subsection, if the service is
    8-7  performed in this state; and
    8-8              (13)  interest, dividends, net gains, and other income
    8-9  from investments in securities and from trading activities,
   8-10  including investment securities, assets held in trading accounts,
   8-11  federal funds, securities purchased or sold under agreements to
   8-12  resell or repurchase, options, futures contracts, forward
   8-13  contracts, notional principal contracts such as swaps, and foreign
   8-14  currency transactions, provided that:
   8-15                    (A)  if the income is from investments in
   8-16  securities in the investment portfolio, the amount of the income
   8-17  included as business done in this state is determined by
   8-18  multiplying all the income by a fraction, the numerator of which is
   8-19  the average value of such investments that are properly booked for
   8-20  tax purposes at a regular place of business of the taxpayer in this
   8-21  state and the denominator of which is the average value of all such
   8-22  investments; and
   8-23                    (B)  if the income is from investments in
   8-24  securities not in the investment portfolio or from trading
   8-25  activities, the amount of the income included as business done in
   8-26  this state shall be determined by multiplying all the income by a
   8-27  fraction, the numerator of which is the average value of such
    9-1  investments and trading activities that are properly booked for tax
    9-2  purposes at a regular place of business of the taxpayer in this
    9-3  state and the denominator of which is the average value of all such
    9-4  investments.
    9-5        (c)  The property factor is a fraction that represents the
    9-6  percentage of the taxpayer's real property, tangible personal
    9-7  property, loans, and credit card receivables apportioned to this
    9-8  state during the period on which the tax is based.  The numerator
    9-9  of the fraction is the average value of such property located in
   9-10  this state, and the denominator of the fraction is the average
   9-11  value of all such property located both within and without this
   9-12  state.  The numerator of the property factor includes:
   9-13              (1)  real property owned or rented to the taxpayer, if
   9-14  the property is physically located or situated in this state;
   9-15              (2)  movable tangible property, such as rolling stock,
   9-16  water vessels, or mobile equipment, to the extent that the property
   9-17  is used in this state;
   9-18              (3)  loans and all credit card receivables that are:
   9-19                    (A)  properly booked for tax purposes at a
   9-20  regular place of business of the taxpayer in this state; or
   9-21                    (B)  if the taxpayer is organized under the laws
   9-22  of the United States or of any state, properly booked for tax
   9-23  purposes at a place that is not a regular place of business of the
   9-24  taxpayer if the taxpayer's commercial domicile is in this state; or
   9-25                    (C)  if the taxpayer is organized under the laws
   9-26  of a foreign country, properly booked for tax purposes at a place
   9-27  that is not a regular place of business of the taxpayer if the
   10-1  taxpayer has declared this state to be its home state under the
   10-2  International Banking Act or 1978 (12 U.S.C. Section 3101 et seq.),
   10-3  provided that if that declaration has not been made or is not
   10-4  required, the loan is presumed to be located at the place in the
   10-5  United States where the taxpayer has the most employees as of the
   10-6  last day of the period on which the tax is based; and
   10-7              (4)  any other loan that is demonstrated to have a
   10-8  preponderance of substantive contact with this state under rules
   10-9  established by the comptroller taking into consideration actions
  10-10  such as solicitation, investigation, negotiation, approval and
  10-11  administration of the loan in this state.
  10-12        (d)  The average value of property owned by the taxpayer is
  10-13  determined for purposes of the property factor on an annual basis
  10-14  by adding the value of the property on the first day of the taxable
  10-15  year and the value on the last day of the taxable year and dividing
  10-16  the sum by two.  The average value of real property and tangible
  10-17  personal property that the taxpayer has leased from another and
  10-18  that is not treated as owned by the taxpayer for federal income tax
  10-19  purposes is determined on an annual basis by multiplying the gross
  10-20  rents payable during the taxable year by eight.  The value of the
  10-21  property is determined as follows:
  10-22              (1)  real property and tangible personal property owned
  10-23  by the taxpayer is valued at the cost or other basis of the
  10-24  property for federal income tax purposes without regard to
  10-25  depletion, depreciation, or amortization;
  10-26              (2)  loans are valued at their outstanding principal
  10-27  balance without regard to any reserve for bad debts, provided that
   11-1  if a loan is charged off in whole or in part for federal income tax
   11-2  purposes, the portion of the loan charged off is not considered
   11-3  part of the outstanding balance and any specifically allocated
   11-4  reserve established under regulatory or financial accounting
   11-5  guidelines that is treated as charged off for federal income tax
   11-6  purposes is treated as charged off for purposes of this subsection;
   11-7  and
   11-8              (3)  credit card receivables are valued at their
   11-9  outstanding principal balance without regard to any reserve for bad
  11-10  debts, provided that if a credit card receivable is charged off in
  11-11  whole or in part for federal income tax purposes, the portion of
  11-12  the receivable charged off is not considered part of the
  11-13  outstanding balance.
  11-14        (e)  The payroll factor is a fraction, the numerator of which
  11-15  is the total amount paid in this state by the taxpayer as
  11-16  compensation during the period on which the tax is based and the
  11-17  denominator of which is the total amount paid by the taxpayer as
  11-18  compensation within and without this state during the period on
  11-19  which the tax is based.  The amount paid to an employee for
  11-20  services or activities connected to the production of non business
  11-21  income and the amount paid to an independent contractor or a person
  11-22  not deemed to be an employee of the taxpayer under Section 3401,
  11-23  Internal Revenue Code, is excluded from both the numerator and
  11-24  denominator of the factor.  In this subsection:
  11-25              (1)  "Compensation" includes all wages, salaries,
  11-26  commissions and any other forms of remuneration paid to an employee
  11-27  for personal services that are considered income under the Internal
   12-1  Revenue Code.
   12-2              (2)  "Employee" means an officer of a corporation or an
   12-3  individual who, under the usual common-law rules applicable in
   12-4  determining the employer-employee relationship, has the status of
   12-5  an employee.  For an employee not subject to the Internal Revenue
   12-6  Code, including for example, a person employed in a foreign
   12-7  country, the determination of whether a payment to the employee
   12-8  constitutes income paid to the employee is made as though the
   12-9  employee were subject to the Internal Revenue Code.  Compensation
  12-10  paid in this state shall equal the total compensation taken from
  12-11  the federal payroll tax reports for the period on which the tax is
  12-12  based that is attributable to this state.  Compensation is paid in
  12-13  this state if any one of the following tests, applied
  12-14  consecutively, is met:
  12-15                    (A)  the employee's service is performed entirely
  12-16  within this state;
  12-17                    (B)  the employee's service is performed both
  12-18  within and without this state, but the service performed without
  12-19  this state is incidental to the employee's service within this
  12-20  state because it is temporary or transitory in nature, or is
  12-21  rendered in connection with an isolated transaction;
  12-22                    (C)  if the employee's services are performed
  12-23  both within and without this state, the employee's compensation is
  12-24  attributed to this state:
  12-25                          (i)  if the employee's base of operations
  12-26  is within this state;
  12-27                          (ii)  if there is no base of operations in
   13-1  any state in which some part of the service is performed, but the
   13-2  place from which the service is directed or controlled is in this
   13-3  state; or
   13-4                          (iii)  if the base of operations or the
   13-5  place from which the service is directed or controlled is not in
   13-6  any state in which some part of the service is performed, but the
   13-7  employee's residence is in this state.
   13-8              (3)  "Place from which the service is directed or
   13-9  controlled" means the place from which the power to direct or
  13-10  control is exercised by the taxpayer.
  13-11              (4)  "Base of operations" means the place of more or
  13-12  less permanent nature from which the employee starts the employee's
  13-13  work and to which the employee customarily returns to:
  13-14                    (A)  receive instructions from the taxpayer, or
  13-15  communications from the employee's customers or other persons; or
  13-16                    (B)  perform any other functions necessary to the
  13-17  exercise of the employee's trade or profession at some other point
  13-18  or points.
  13-19        (f)  In this section:
  13-20              (1)  "Billing address" means the location indicated in
  13-21  the books and records of the taxpayer as the address where any
  13-22  notice, statement, or bill relating to a customer's account is
  13-23  mailed.
  13-24              (2)  "Commercial domicile" means the headquarters of
  13-25  the trade or business, that is, the place from which the trade or
  13-26  business is principally managed and directed.
  13-27              (3)  "Credit card" means a credit, travel or
   14-1  entertainment card.
   14-2              (4)  "Credit card issuer's reimbursement fee" means the
   14-3  receipts a taxpayer receives from a merchant's bank because one of
   14-4  the persons to whom the taxpayer has issued a credit card has
   14-5  charged merchandise or services to the credit card.
   14-6              (5)  "Gross rents" means the actual sum of money or
   14-7  other consideration payable, directly or indirectly, by or on
   14-8  behalf of the taxpayer for the use or possession of the property.
   14-9  The term:
  14-10                    (A)  includes any amount payable for the use or
  14-11  possession of real property or tangible person property whether
  14-12  designated as a fixed sum of money or as a percentage of receipts,
  14-13  as profits, or otherwise;
  14-14                    (B)  includes any amount payable as additional
  14-15  rent or in lieu of rent, such as interest, taxes, insurance,
  14-16  repairs, or any other amount required to be paid by the terms of a
  14-17  lease or other arrangement;
  14-18                    (C)  includes a proportionate part of the cost of
  14-19  any improvement to real property made by or on behalf of the
  14-20  taxpayer that reverts to the owner or lessor on termination of a
  14-21  lease or other arrangement determined by computing the amount of
  14-22  amortization or depreciation allowed in computing the taxable
  14-23  income base for the taxable year; except that if a building is
  14-24  erected on leased land by or on behalf of the taxpayer, the value
  14-25  of the land is determined by multiplying the gross rent by eight
  14-26  and the value of the building is determined in the same manner as
  14-27  if owned by the taxpayer; and
   15-1                    (D)  does not include:
   15-2                          (i)  amounts payable as separate charges
   15-3  for water and electric service provided by the lessor;
   15-4                          (ii)  amounts payable as service charges,
   15-5  such as janitorial services provided by the lessor;
   15-6                          (iii)  amounts payable for storage,
   15-7  provided the amounts are payable for space not designated and not
   15-8  under the control of the taxpayer; and
   15-9                          (iv)  that portion of any rental payment
  15-10  that is applicable to the space subleased from the taxpayer and not
  15-11  used by it.
  15-12              (6)  "Loan" means any extension of credit resulting
  15-13  from direct negotiations between the taxpayer and its customer, or
  15-14  the purchase, in whole or in part, of the extension of credit from
  15-15  another, or both.  The term includes leases treated as loans for
  15-16  federal income tax purposes, but shall not include:
  15-17                    (A)  loans representing property acquired in lieu
  15-18  of or pursuant to a foreclosure under Section 595, Internal Revenue
  15-19  Code;
  15-20                    (B)  futures or forward contracts, options, and
  15-21  notional principal contracts, such as swaps;
  15-22                    (C)  credit card receivables, including purchased
  15-23  credit card relationships;
  15-24                    (D)  non interest-bearing balances due from other
  15-25  depository institutions;
  15-26                    (E)  cash items in the process of collection;
  15-27                    (F)  federal funds sold;
   16-1                    (G)  securities purchased under agreements to
   16-2  resell;
   16-3                    (H)  assets held in a trading account; and
   16-4                    (I)  securities held for investment.
   16-5              (7)  "Merchant discount" means the fee or negotiated
   16-6  discount charged to a merchant by the taxpayer for the privilege of
   16-7  participating in a program in which a credit card is accepted in
   16-8  payment for merchandise or services sold to the card holder.  The
   16-9  fee is computed net of any card holder charge-backs, but is not
  16-10  reduced by any interchange transaction fee or by a credit card
  16-11  issuer's reimbursement fee paid to another for charges made by its
  16-12  card holders.
  16-13              (8)  "Real property owned" and "tangible personal
  16-14  property owned" mean real and tangible personal property,
  16-15  respectively,:
  16-16                    (A)  on which the taxpayer may claim depreciation
  16-17  for federal income tax purposes, or
  16-18                    (B)  to which the taxpayer holds legal title and
  16-19  on which no other person may claim depreciation for federal income
  16-20  tax purposes or could claim depreciation if subject to federal
  16-21  income tax.  Real and tangible personal property includes land,
  16-22  stocks in goods and real and tangible personal property rented to
  16-23  the taxpayer.  Real and tangible personal property does not include
  16-24  coin, currency, or property acquired in lieu of or pursuant to a
  16-25  foreclosure.
  16-26              (9)  "Regular place of business" means an office at
  16-27  which the taxpayer carries on the taxpayer's business in a regular
   17-1  and systematic manner and that is continuously maintained,
   17-2  occupied, and used by employees of the taxpayer.
   17-3        (g)  This section does not apply to any corporation other
   17-4  than a banking corporation.
   17-5        SECTION 6.  Chapter 171, Tax Code, is amended by adding
   17-6  Section 171.1065 to read as follows:
   17-7        Sec. 171.1065  APPORTIONMENT OF TAXABLE CAPITAL AND TAXABLE
   17-8  EARNED SURPLUS OF A BANKING CORPORATION.  (a)  Except as provided
   17-9  by Section 171.106(c), the taxable capital and the taxable earned
  17-10  surplus of a banking corporation is apportioned to this state by
  17-11  multiplying the taxable capital and taxable earned surplus,
  17-12  respectively, of the banking corporation by the apportionment
  17-13  percentage.  The apportionment percentage is determined by adding
  17-14  the following three factors and dividing the sum by three:
  17-15              (1)  the gross receipts factor computed as prescribed
  17-16  by Section 171.1033(b);
  17-17              (2)  the property factor computed as prescribed by
  17-18  Section 171.1033(c) and (d); and
  17-19              (3)  the payroll factor computed as prescribed by
  17-20  Section 171.1033(e).
  17-21        (b)  If one of the factors is missing, the two remaining
  17-22  factors are added and the sum is divided by two.  If two of the
  17-23  factors are missing, the remaining factor is the apportionment
  17-24  percentage.  A factor is missing if both its numerator and
  17-25  denominator are zero, but it is not missing solely because its
  17-26  numerator is zero.
  17-27        (c)  Each factor is computed on a cash or accrual basis
   18-1  according to the method of accounting required or allowed to be
   18-2  used by the taxpayer in determining taxable capital or earned
   18-3  surplus for the period on which the tax is based.
   18-4        (d)  The receipts factor includes only receipts that are
   18-5  included in the computation of the taxable income base for the
   18-6  period on which the tax is based.
   18-7        (e)  The payroll factor includes only expenses that are
   18-8  included in the computation of the taxable income base for the
   18-9  period on which the tax is based.
  18-10        (f)  The property factor includes only property the income or
  18-11  expenses of which are included or would have been included if not
  18-12  fully depreciated or expensed, or depreciated or expensed to a
  18-13  nominal amount, in the computation of the taxable income base for
  18-14  the period on which the tax is based.
  18-15        (g)  If the apportionment percentage, computed on the basis
  18-16  of all or any of the three factors of gross receipts, property, or
  18-17  payroll, does not properly reflect the activity, business, or
  18-18  income of the taxpayer in this state, the taxpayer may request an
  18-19  adjustment or the comptroller may adjust the apportionment
  18-20  percentage by:
  18-21              (1)  excluding one or more factors;
  18-22              (2)  including one or more other factors; or
  18-23              (3)  using any other method calculated to effect a fair
  18-24  and proper apportionment to this state.
  18-25        SECTION 7.  Section 171.110, Tax Code, is amended by amending
  18-26  Subsection (a) and adding Subsection (h) to read as follows:
  18-27        (a)  The net taxable earned surplus of a corporation is
   19-1  computed by:
   19-2              (1)  determining the corporation's reportable federal
   19-3  taxable income, subtracting from that amount any amount included in
   19-4  reportable federal taxable income under Section 78 or Sections
   19-5  951-964, Internal Revenue Code, and dividends received from a
   19-6  subsidiary, associate, or affiliated corporation that does not
   19-7  transact a substantial portion of its business or regularly
   19-8  maintain a substantial portion of its assets in the United States,
   19-9  and adding to that amount any compensation of officers or
  19-10  directors, or if a bank, any compensation of directors and
  19-11  executive officers, to the extent excluded in determining federal
  19-12  taxable income to determine the corporation's taxable earned
  19-13  surplus;
  19-14              (2)  apportioning the corporation's taxable earned
  19-15  surplus to this state as provided by Section 171.106(b) or (c), as
  19-16  applicable, or, if a banking corporation, as provided by Section
  19-17  171.1065, to determine the corporation's apportioned taxable earned
  19-18  surplus; and
  19-19              (3)  subtracting from that amount any allowable
  19-20  deductions and any business loss that is carried forward to the tax
  19-21  reporting period and deductible under Subsection (e).
  19-22        (h)  Dividends and interest received from federal obligations
  19-23  are not included in earned surplus or gross receipts for earned
  19-24  surplus purposes.
  19-25              (1)  For purposes of this subsection, the term "federal
  19-26  obligations" means:
  19-27                    (A)  stocks and other direct obligations of, and
   20-1  obligations unconditionally guaranteed by, the United States
   20-2  government and United States government agencies; and
   20-3                    (B)  direct obligations of United States
   20-4  government-sponsored agencies.
   20-5              (2)  For purposes of this subsection:
   20-6                    (A)  "Obligation" means any bond, debenture,
   20-7  security, mortgage-backed security, pass-through certificate, or
   20-8  other evidence of indebtedness of the issuing entity.  The term
   20-9  does not include a deposit, a repurchase agreement, a loan, a
  20-10  lease, a participation in a loan or pool of loans, a loan
  20-11  collateralized by an obligation of an agency of the United States
  20-12  or a loan guaranteed by an agency of the United States government.
  20-13                    (B)  "United States government" means any
  20-14  department and ministry of the federal government including the
  20-15  twelve federal reserve banks.  The term does not include state or
  20-16  local governments or commercial enterprises owned in whole or part
  20-17  by the United States government.
  20-18                    (C)  "United States government agency" means an
  20-19  instrumentality of the United States government whose obligations
  20-20  are fully and explicitly guaranteed as to the timely payment of
  20-21  principal and interest by the full faith and credit of the United
  20-22  States government.  These agencies include the Government National
  20-23  Mortgage Association, (GNMA), the Veterans Administration (VA), the
  20-24  Federal Housing Administration (FHA), the Farmers Home
  20-25  Administration (FmHA), the Export-Import Bank (Exim Bank), the
  20-26  Overseas Private Investment Corporation (OPIC), the Commodity
  20-27  Credit Corporation (CCC), and the Small Business Administration
   21-1  (SBA).
   21-2                    (D)  "United States government-sponsored agency"
   21-3  means agencies original established or chartered by the United
   21-4  States government to serve public purposes specified by the United
   21-5  States Congress but whose obligations are not explicitly guaranteed
   21-6  by the full faith and credit of the United States government.
   21-7  These agencies include the Federal Home Loan Mortgage Corporation
   21-8  (FHLMC), the Federal National Mortgage Association (FNMA), the Farm
   21-9  Credit System, the Federal Home Loan Bank System, and the Student
  21-10  Loan Marketing Association (SLMA).
  21-11        SECTION 8.  Section 171.316, Tax Code, is amended to read as
  21-12  follows:
  21-13        Sec. 171.316  BANKING CORPORATIONS.  (a)  Except as
  21-14  prohibited by Article 8, Chapter 9, The Texas Banking Code of 1943
  21-15  (Article 342-908, Vernon's Texas Civil Statutes), the Banking
  21-16  Department of Texas shall revoke the charter of a banking
  21-17  corporation that the comptroller certifies is delinquent in the
  21-18  payment of the tax imposed under this chapter.
  21-19        (b)  Except as provided by Subsection (a), this  <This>
  21-20  subchapter does not apply to a banking corporation.
  21-21        SECTION 9.  Section 171.001(b), Tax Code, is amended to read
  21-22  as follows:
  21-23        (b)  In this chapter:
  21-24              (1)  "Banking corporation" means each state, national,
  21-25  domestic, or foreign bank, and each bank organized under Section
  21-26  25(a), Federal Reserve Act (12 U.S.C. Secs. 611-631) (edge
  21-27  corporations), but does not include (i) a bank holding company as
   22-1  that term is defined by Section 2, Bank Holding Company Act of 1956
   22-2  (12 U.S.C. Sec. 1841) or (ii) a limited-purpose bank.
   22-3              (2)  "Corporation" includes:
   22-4                    (A)  a limited liability company, as defined
   22-5  under the Texas Limited Liability Company Act; and
   22-6                    (B)  a state or federal savings and loan
   22-7  association.
   22-8              (3)  "Charter" includes a limited liability company's
   22-9  certificate of organization.
  22-10              (4)  "Internal Revenue Code" means the Internal Revenue
  22-11  Code of 1986 in effect for the federal tax year beginning on or
  22-12  after January 1, 1990, and before January 1, 1991, and any
  22-13  regulations adopted under that code applicable to that period.
  22-14              (5)  "Limited-purpose bank" means each bank as that
  22-15  term is defined by Section 2, Bank Holding Company Act of 1956 (12
  22-16  U.S.C. 1841) that is controlled by a corporation that is not
  22-17  treated as a bank holding company under the Bank Holding Company
  22-18  Act of 1956.
  22-19              (6) <(5)>  "Officer" and "director" include a limited
  22-20  liability company's directors and managers.
  22-21              (7) <(6)>  "Savings and loan association" includes a
  22-22  state or federal savings bank and, for purposes only of this
  22-23  Chapter 171, each limited-purpose bank.
  22-24              (8) <(7)>  "Shareholder" includes a limited liability
  22-25  company's member.
  22-26        SECTION 10.  This Act takes effect January 1, 1994, and
  22-27  applies to a report originally due on or after that date.
   23-1        SECTION 11.  The importance of this legislation and the
   23-2  crowded condition of the calendars in both houses create an
   23-3  emergency and an imperative public necessity that the
   23-4  constitutional rule requiring bills to be read on three several
   23-5  days in each house be suspended, and this rule is hereby suspended.