By:  Montford                                          S.B. No. 899
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the application and administration of the franchise
    1-2  tax.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 171.001(b), Tax Code, is amended to read
    1-5  as follows:
    1-6        (b)  In this chapter:
    1-7              (1)  "Banking corporation" means each state, national,
    1-8  domestic, or foreign bank, and each bank organized under Section
    1-9  25(a), Federal Reserve Act (12 U.S.C. Secs. 611-631) (edge
   1-10  corporations), but does not include a bank holding company as that
   1-11  term is defined by Section 2, Bank Holding Company Act of 1956 (12
   1-12  U.S.C. Sec. 1841).
   1-13              (2)  "Beginning Date" means:
   1-14                    (A)  for a corporation chartered in Texas, the
   1-15  date the charter is effective; and
   1-16                    (B)  for a foreign corporation, the earlier of:
   1-17                          (i)  the date the certificate of authority
   1-18  is effective; or
   1-19                          (ii)  the date the corporation begins doing
   1-20  business in Texas.
   1-21              (3) <(2)>  "Corporation" includes:
   1-22                    (A)  a limited liability company, including a
   1-23  foreign limited liability company, as defined under the Texas
    2-1  Limited Liability Company Act (Article 1528n, Vernon's Texas Civil
    2-2  Statutes); <and>
    2-3                    (B)  a state or federal savings and loan
    2-4  association; and
    2-5                    (C)  a banking corporation.
    2-6              (4) <(3)>  "Charter" includes a limited liability
    2-7  company's certificate of organization.
    2-8              (5) <(4)>  "Internal Revenue Code" means the Internal
    2-9  Revenue Code of 1986 in effect for the federal tax year beginning
   2-10  on or after January 1, 1990, and before January 1, 1991, and any
   2-11  regulations adopted under that code applicable to that period.
   2-12              (6) <(5)>  "Officer" and "director" include a limited
   2-13  liability company's directors and managers.
   2-14              (7) <(6)>  "Savings and loan association" includes a
   2-15  state or federal savings bank.
   2-16              (8) <(7)>  "Shareholder" includes a limited liability
   2-17  company's member.
   2-18        SECTION 2.  Sections 171.0011(a), (b), and (c), Tax Code, are
   2-19  amended to read as follows:
   2-20        (a)  An additional tax is imposed on a corporation that for
   2-21  any reason becomes <is subject to the tax imposed under Section
   2-22  171.001 and that is> no longer subject to the earned surplus
   2-23  component of the tax, whether or not the corporation remains
   2-24  subject to the taxable capital component of the tax <taxing
   2-25  jurisdiction of this state in relation to the tax on net taxable
    3-1  earned surplus>.
    3-2        (b)  The additional tax is equal to 4.5 percent of <the rate
    3-3  then in effect under Section 171.002(a)(2) multiplied by> the
    3-4  corporation's net taxable earned surplus computed on the period
    3-5  beginning on the day after the last day for which the tax imposed
    3-6  on net taxable earned surplus was computed under Section 171.1532
    3-7  and ending on the date the corporation is no longer subject to the
    3-8  earned surplus component of the tax <taxing jurisdiction of this
    3-9  state in relation to the tax on net taxable earned surplus>.
   3-10        (c)  The additional tax imposed and any report required by
   3-11  the comptroller are due on the 60th day after the corporation
   3-12  becomes no longer subject to the earned surplus component of the
   3-13  tax <taxing jurisdiction of this state are delinquent after the
   3-14  60th day after the date on which the corporation is no longer
   3-15  subject to the taxing jurisdiction of this state in relation to the
   3-16  tax on net taxable earned surplus>.
   3-17        SECTION 3.  Section 171.002(d), Tax Code, is amended to read
   3-18  as follows:
   3-19        (d)  If the amount of tax computed <under Subsection (b)> for
   3-20  a corporation is less than $100, the corporation is not required to
   3-21  pay that amount and is not considered to owe any tax for that
   3-22  period.
   3-23        SECTION 4.  Section 171.0022, Tax Code is added to read as
   3-24  follows:
   3-25        Sec. 171.0022.  TITLE INSURANCE HOLDING COMPANY TAX CREDITS.
    4-1  (a)  Controlled company.  For franchise tax purposes controlled
    4-2  company has the same meaning as defined in the Insurance Code,
    4-3  Article 21.49-1.
    4-4        (b)  Eligibility.  A title insurance holding company that is
    4-5  subject to the Insurance Code, Article 21.49-1, and which controls
    4-6  one or more domestic title insurance companies that are subject to
    4-7  the tax on premiums under the Insurance Code, Article 9.59, is
    4-8  entitled to a credit against its franchise tax imposed under this
    4-9  chapter.
   4-10        (c)  Calculation of credit.
   4-11              (1)  The credit for each controlled domestic title
   4-12  insurance company is computed by multiplying the amount of tax on
   4-13  premiums paid by that company in the most recent calendar year
   4-14  ending before the franchise tax report is due, by the percentage of
   4-15  ownership of the title insurance holding company in the controlled
   4-16  domestic title insurance company.
   4-17              (2)  The percentage of ownership of a controlled
   4-18  domestic title insurance company is determined as of the end of the
   4-19  accounting period upon which taxable capital is based.
   4-20        (d)  Limitations.
   4-21              (1)  No portion of a credit may be carried forward or
   4-22  carried back and used on a report for another period.
   4-23              (2)  A corporation may not take credit for the same tax
   4-24  on premiums more than once.
   4-25        SECTION 5.  Article 9.59, Section 16, Insurance Code, is
    5-1  amended to read as follows:
    5-2        Sec. 16.  (a)  The definitions for this section are the same
    5-3  as for Article 21.49-1 of this code.
    5-4        (b)  A title insurance holding company that is subject to
    5-5  Article 21.49-1, Insurance Code, and which controls one or more
    5-6  domestic title insurance companies that are subject to the tax on
    5-7  premiums under this article is entitled to a credit against its
    5-8  franchise tax imposed by Chapter 171, Tax Code in accordance with
    5-9  the provisions of Section 171.0022, Tax Code.  <The amount of the
   5-10  credit for each controlled domestic title insurance company is
   5-11  computed by multiplying the amount of tax on premiums paid by that
   5-12  controlled domestic title insurance company in the most recent
   5-13  calendar year ending before the franchise tax report is due, by the
   5-14  percentage ownership of the title insurance holding company in the
   5-15  controlled domestic title insurance company.  The percentage of
   5-16  ownership of a controlled domestic title insurance company is
   5-17  determined as of the accounting year-end upon which the franchise
   5-18  tax report is based.>
   5-19        <(c)  A claim for a credit is subject to the following
   5-20  limitations:>
   5-21              <(1)  if the total amount of the credit for all
   5-22  controlled title insurance companies exceeds the franchise tax due,
   5-23  the credit is an amount equal to the franchise tax due;>
   5-24              <(2)  the minimum franchise tax must be paid; and>
   5-25              <(3)  a credit may not be carried forward or backward
    6-1  and apply to another year's franchise tax report.>
    6-2        (c) <(d)>  Nothing under this article may be construed to
    6-3  exempt title insurance holding companies, or title insurance agents
    6-4  from paying any tax imposed under the Tax Code.  Provided, however,
    6-5  title insurance companies and title insurance agents whose
    6-6  principal activity is the business of title insurance are exempted
    6-7  from Chapter 171, Tax Code.
    6-8        SECTION 6.  Sections 171.063(a), (e), (f), and (g), Tax Code,
    6-9  are amended to read as follows:
   6-10        (a)  The following corporations are exempt from the franchise
   6-11  tax:
   6-12              (1)  a nonprofit corporation exempted from the federal
   6-13  income tax under Section 501(c)(3), (4), (5), (6), or (7) of the
   6-14  Internal Revenue Code of 1954, as it existed on January 1, 1975; or
   6-15              (2)  a corporation exempted under Section 501(c)(2) or
   6-16  (25) of the Internal Revenue Code of 1986, if the entity or
   6-17  entities <corporation or corporations> for which it holds title to
   6-18  property is either exempt from or not subject to the franchise tax;
   6-19  and
   6-20              (3)  a corporation exempted from federal income tax
   6-21  under Section 501(c)(16), of the Internal Revenue Code of 1986.
   6-22        (e)  An exemption established under Subsection (c) and (d) of
   6-23  this section is to be recognized, after it is finally established,
   6-24  as of the date <of> the corporation's charter or certificate of
   6-25  authority is effective.
    7-1        (f)  If a corporation timely files evidence with the
    7-2  comptroller under Subsection (d) of this section that it has
    7-3  applied for a federal exemption and if the application is finally
    7-4  denied by the Internal Revenue Service, no penalty will be imposed
    7-5  on the corporation for the period from the corporation's beginning
    7-6  date to the date of denial of its application for federal
    7-7  exemption. <this chapter does not impose a penalty on the
    7-8  corporation from the date of its charter or certificate of
    7-9  authority to the date of the final denial.>.
   7-10        (g)  If a corporation's federal tax exemption is withdrawn by
   7-11  the Internal Revenue Service for failure of the corporation to
   7-12  qualify or maintain its qualification for the exemption, the
   7-13  corporation's exemption under this section ends on the <effective>
   7-14  date the Internal Revenue Service's withdrawal of its federal tax
   7-15  exemption is effective <of the withdrawal>.  The effective date of
   7-16  the Internal Revenue Service's withdrawal will be considered the
   7-17  beginning date of the corporation for purpose of determining the
   7-18  privilege periods of the corporation and for all purposes of this
   7-19  chapter.
   7-20        SECTION 7.  Section 171.1032, Tax Code, is amended by
   7-21  amending Subsection (a) and adding Subsection (c) to read as
   7-22  follows:
   7-23        (a)  In apportioning taxable earned surplus, the gross
   7-24  receipts of a corporation from its business done in this state is
   7-25  the sum of the corporation's receipts from:
    8-1              (1)  each sale of tangible personal property if the
    8-2  property is delivered or shipped to a buyer in this state
    8-3  regardless of the FOB point or another condition of the sale, and
    8-4  each sale of tangible personal property shipped from this state to
    8-5  a purchaser in another state in which the seller is not subject to
    8-6  any tax imposed on, or measured by net income <taxation>;
    8-7              (2)  each service performed in this state;
    8-8              (3)  each rental of property situated in this state;
    8-9              (4)  each royalty for the use of a patent or copyright
   8-10  in this state; and
   8-11              (5)  other business done in this state.
   8-12        (c)  Amounts deemed received by a corporation in certain
   8-13  stock purchases that are treated as asset acquisitions under
   8-14  Section 338 of the Internal Revenue Code will be treated as sales
   8-15  of assets by the target corporation.  For purposes of this
   8-16  Subsection, the purchaser of the target corporation's stock will be
   8-17  considered the purchaser of the assets.
   8-18        SECTION 8.  Section 171.1051, Tax Code, is amended by adding
   8-19  Subsection (d) to read as follows:
   8-20        (d)  Amounts deemed received by a corporation in certain
   8-21  stock purchases that are treated as asset acquisitions under
   8-22  Section 338 of the Internal Revenue Code will be treated as sales
   8-23  of assets by the target corporation.  For purposes of this
   8-24  Subsection, the purchaser of the target corporation's stock will be
   8-25  considered the purchaser of the assets.
    9-1        SECTION 9.  Section 171.106(d), Tax Code, is added to read as
    9-2  follows:
    9-3        (d)  Amounts deemed received by a corporation in certain
    9-4  stock purchases that are treated as asset acquisitions under
    9-5  Section 338 of the Internal Revenue Code will be treated as sales
    9-6  of assets by the target corporation.  For purposes of this
    9-7  Subsection, the purchaser of the target corporation's stock will be
    9-8  considered the purchaser of the assets.
    9-9        SECTION 10.  Section 171.107, Tax Code is amended to read as
   9-10  follows:
   9-11        Sec. 171.107.  DEDUCTION OF COST OF SOLAR ENERGY DEVICE <FROM
   9-12  TAXABLE CAPITAL APPORTIONED TO THIS STATE>.
   9-13        (a)  In this section, "solar energy device" means a system or
   9-14  series of mechanisms designed primarily to provide heating or
   9-15  cooling or to produce electrical or mechanical power by collecting
   9-16  and transferring solar-generated energy.  The term includes a
   9-17  mechanical or chemical device that has the ability to store
   9-18  solar-generated energy for use in heating or cooling or in the
   9-19  production of power.
   9-20        (b)  A corporation may deduct from its apportioned taxable
   9-21  capital the undepreciated <amortized> cost of a solar energy device
   9-22  or, after adding back to taxable earned surplus the amount of
   9-23  depreciation deducted for the solar energy device in arriving at
   9-24  its taxable earned surplus, from its apportioned taxable earned
   9-25  surplus 20 percent of the <amortized> cost of a solar energy device
   10-1  for the first five years after the date the device is placed in
   10-2  service in this state if:
   10-3              (1)  the device is acquired by the corporation for
   10-4  heating or cooling or for the production of power; and
   10-5              (2)  the device is used solely in this state by the
   10-6  corporation. <; and>
   10-7              <(3)  the cost of the device is amortized in accordance
   10-8  with Subsection (c) of this section.>
   10-9        (c)  If a corporation chooses to use the deduction available
  10-10  under this section, no depreciation may be deducted in arriving at
  10-11  taxable earned surplus for the solar energy device for any report
  10-12  year beginning after the fifth year from the date the device is
  10-13  placed in service in this state.  <The amortization of the cost of
  10-14  a solar energy device must:>
  10-15              <(1)  be for a period of at least 60 months;>
  10-16              <(2)  provide for equal monthly amounts;>
  10-17              <(3)  begin on the month in which the device is placed
  10-18  in service in this state; and>
  10-19              <(4)  cover only a period in which the device is in use
  10-20  in this state.>
  10-21        (d)  <A corporation that makes a deduction under this section
  10-22  shall file with the comptroller an amortization schedule showing
  10-23  the period in which a deduction is to be made.>  On the request of
  10-24  the comptroller, the corporation shall file with the comptroller
  10-25  such proof of the cost of the solar energy device and <or> proof of
   11-1  the corporation's use of the device <device's operation> in this
   11-2  state as the comptroller may request.
   11-3        SECTION 11.  Sections 171.109(f), (i), and (j), Tax Code are
   11-4  amended to read as follows:
   11-5        (f)  A corporation declaring dividends shall exclude those
   11-6  dividends from its taxable capital as of the date the dividends are
   11-7  declared.  A corporation receiving dividends shall include those
   11-8  dividends in its gross receipts for taxable capital apportionment
   11-9  purposes <to the extent not excluded under Section 171.1032(b) or
  11-10  171.1051(c),> and in its taxable capital as of the date the
  11-11  dividends are declared by the corporation declaring the dividends.
  11-12        (i)  The following accounts may also be excluded from
  11-13  surplus, to the extent they are in conformance with generally
  11-14  accepted accounting principles or the appropriate federal income
  11-15  tax method, whichever is applicable:
  11-16              (1)  a reserve or allowance for uncollectible trade
  11-17  accounts and trade notes receivable; and
  11-18              (2)  a contra-asset account for depletion,
  11-19  depreciation, or amortization.
  11-20        (j)  A corporation may not exclude from surplus:
  11-21              (1)  liabilities for compensation and other benefits
  11-22  provided to employees, other than wages, that are not debt as of
  11-23  the end of the accounting period upon which the taxable capital
  11-24  component is based <are not payable in the current accounting
  11-25  year>, including retirement, medical, insurance, postretirement,
   12-1  and other similar benefits; and
   12-2              (2)  deferred tax credits.
   12-3        SECTION 12.  Sections 171.110(d) and (e), Tax Code, are
   12-4  amended to read as follows:
   12-5        (d)  A corporation's reportable federal taxable income is the
   12-6  corporation's federal taxable income after Schedule C special
   12-7  deductions and before net operating loss deductions as computed
   12-8  under the Internal Revenue Code. <, except that> An <an> S
   12-9  corporation's or a limited liability company's reportable federal
  12-10  taxable income is the amount of the income reportable to the
  12-11  Internal Revenue Service as allocated <taxable> to the S
  12-12  corporation's shareholders, or to the limited liability company's
  12-13  members.  For purposes of this subsection, all references to a
  12-14  limited liability company shall apply to a limited liability
  12-15  company that files a U.S. Partnership Return of Income in reporting
  12-16  its federal income tax.
  12-17              (1)  Items of income, loss, deduction, or credit
  12-18  reportable as separately stated items to the shareholders of an S
  12-19  corporation or to the members of a limited liability company shall
  12-20  be treated as items of income, loss, deduction, or credit of the S
  12-21  corporation or of the limited liability company.
  12-22              (2)  The treatment of items of income, loss, deduction
  12-23  or credit shall be subject to any federal income tax requirements
  12-24  or limitations imposed on the S corporation or limited liability
  12-25  company, but without regard to federal income tax limitations or
   13-1  restrictions imposed on the shareholders of an S corporation or on
   13-2  the members of a limited liability company.
   13-3              (3)  Notwithstanding any provision of Subdivision (1)
   13-4  or (2) to the contrary, the comptroller may adopt such rules as may
   13-5  be necessary in the determination of the comptroller for the
   13-6  reporting requirements of specific items of income, loss,
   13-7  deduction, or credit of an S corporation or limited liability
   13-8  company to which the provisions of this subsection apply.
   13-9              (4)  Any item of income, loss, deduction, or credit
  13-10  taxable to a corporation in its capacity as a member of a limited
  13-11  liability company shall be excluded by the corporation in computing
  13-12  its own taxable earned surplus.
  13-13        (e)  For purposes of this section, a business loss is any
  13-14  negative amount after apportionment.  The business loss may be
  13-15  carried forward to the year succeeding the loss year as a deduction
  13-16  in computing net taxable earned surplus, then successively to the
  13-17  succeeding four report <taxable> years <after the loss year> or
  13-18  until the loss is exhausted, whichever occurs first, but for not
  13-19  more than five report <taxable> years after the loss year.
  13-20  Notwithstanding the preceding sentence, a business loss from a tax
  13-21  year that ends before January 1, 1991, may not be used to reduce
  13-22  net taxable earned surplus.  The business loss carry forward under
  13-23  this section may not be conveyed, assigned, or transferred to any
  13-24  other entity for its use in calculating its franchise tax.
  13-25        SECTION 13.  Section 171.1121(a), Tax Code, is amended to
   14-1  read as follows:
   14-2        (a)  For purposes of this section, "gross receipts" means all
   14-3  revenues reportable by a corporation on its federal tax return,
   14-4  without deduction for the cost of property sold, materials used,
   14-5  labor performed, or other costs incurred, unless otherwise
   14-6  specifically provided in this chapter.  The term "gross receipts"
   14-7  does not include revenues which are not included in taxable earned
   14-8  surplus.  For example, Schedule C special deductions and any
   14-9  amounts subtracted from reportable federal taxable income under
  14-10  section 171.110(a)(1) are not included in taxable earned surplus
  14-11  and therefore are not considered "gross receipts."
  14-12        SECTION 14.  Section 171.151, Tax Code, is amended to read as
  14-13  follows:
  14-14        Sec. 171.151.  PRIVILEGE PERIOD COVERED BY TAX.  The
  14-15  franchise tax shall be paid for each of the following:
  14-16              (1)  an initial period beginning on the beginning date
  14-17  of <that> the corporation <files its charter or is granted a
  14-18  certificate of authority or the date that a foreign corporation
  14-19  begins doing business in this state, whichever is earlier,> and
  14-20  ending on the day before the first anniversary of the beginning
  14-21  <that> date;
  14-22              (2)  a second period beginning on the first anniversary
  14-23  of the beginning date of <that> the corporation <files its charter
  14-24  or is granted its certificate of authority or the date that a
  14-25  foreign corporation begins doing business in this state, whichever
   15-1  is earlier,> and ending on the December 31 following the beginning
   15-2  <that> date, unless the date of the first anniversary is December
   15-3  31, in which event the second period begins and ends on that
   15-4  December 31; and
   15-5              (3)  after the initial and second periods have expired,
   15-6  a regular annual period beginning each year on January 1 and ending
   15-7  the following December 31.
   15-8        SECTION 15.  Section 171.152(c), Tax Code, is amended to read
   15-9  as follows:
  15-10        (c)  Payment of the tax covering the regular annual period is
  15-11  due May 15 of each year after the beginning of the regular annual
  15-12  period.  However, if the anniversary of the beginning date of the
  15-13  corporation <the date that the domestic corporation files its
  15-14  charter or the foreign corporation begins doing business in Texas
  15-15  or is granted its certificate of authority, whichever occurs
  15-16  first,> is after October 3 and before January 1, the payment of the
  15-17  tax covering the first regular annual period is due on the same day
  15-18  as the tax covering the initial period.
  15-19        SECTION 16.  Sections 171.153(a) and (c), Tax Code are
  15-20  amended to read as follows:
  15-21        (a)  The tax covering the initial period is reported on the
  15-22  initial report and is based on the business done by the corporation
  15-23  during the period beginning on the beginning date of the
  15-24  corporation <day the corporation files its charter or is granted a
  15-25  certificate of authority or the date that a foreign corporation
   16-1  begins doing business in this state, whichever is earlier,> and:
   16-2              (1)  ending on the last accounting period ending date
   16-3  that is at least six months after the beginning date and at least
   16-4  60 days before the original due date of the initial report; or
   16-5              (2)  if there is no such period ending date in
   16-6  Subdivision (1) of this subsection, then ending on the day that is
   16-7  the last day of a calendar month and that is nearest to the end of
   16-8  the corporation's first year of business; or
   16-9              (3)  ending on the day after the merger occurs, for the
  16-10  survivor of a merger which occurs after the day on which the tax is
  16-11  based in Subdivision (1) or Subdivision (2), whichever is
  16-12  applicable, of Subsection (a) and before January 1 of the year an
  16-13  initial report is due by the survivor.
  16-14        (c)  The tax covering the regular annual period is based on
  16-15  the business done by the corporation during its last accounting
  16-16  period that ends in the year before the year in which the tax is
  16-17  due; unless a corporation is the survivor of a merger which occurs
  16-18  between the end of its last accounting period in the year before
  16-19  the report year and January 1 of the report year, in which case the
  16-20  tax will be based on the financial condition of the surviving
  16-21  corporation for the 12-month period ending on the day after the
  16-22  merger.  However, if the first anniversary of the beginning date of
  16-23  the corporation <that the corporation files its charter, is granted
  16-24  a certificate of authority, or begins doing business in this state>
  16-25  is after October 3 and before January 1, the tax covering the first
   17-1  regular annual period is based on the same business on which the
   17-2  tax covering the initial period is based and is reported on the
   17-3  initial report.
   17-4        SECTION 17.  Sections 171.1531(b) and (c), Tax Code, are
   17-5  amended to read as follows:
   17-6        (b)  The survivor of a merger is entitled to a credit against
   17-7  the tax computed on its net taxable capital under Section
   17-8  171.002(b)(1) <or refund> in the amount of the franchise tax
   17-9  computed on net taxable capital paid by the nonsurvivors for the
  17-10  credit period, provided the tax computed on net taxable capital
  17-11  paid by the survivor for the credit period is based on the
  17-12  survivor's financial condition after the merger.  Only a survivor
  17-13  that is subject to the franchise tax is entitled to the merger
  17-14  credit <or refund>.  The merger credit shall be allocated among
  17-15  survivors based on net taxable capital reported, and as provided by
  17-16  Section 171.153.
  17-17        (c)  The credit <or refund> will be limited to the lesser of
  17-18  the amount of tax on net taxable capital paid for the credit period
  17-19  by the survivor or by the non survivors.
  17-20        SECTION 18.  Section 171.1532, Tax Code, is amended by
  17-21  amending Subsections (a) and (b), and adding Subsection (c) to read
  17-22  as follows:
  17-23        (a)  The tax covering the privilege periods included on the
  17-24  initial report, as required by Section 171.153, is based on the
  17-25  business done by the corporation during the period beginning on the
   18-1  beginning date of the corporation <day the corporation files its
   18-2  charter or is granted a certificate of authority or the date that a
   18-3  foreign corporation begins doing business in this state, whichever
   18-4  is earlier,>; and
   18-5              (1)  ending on the last accounting period ending date
   18-6  for federal income tax purposes that is at least 60 days before the
   18-7  original due date of the initial report; or
   18-8              (2)  if there is no such period ending date in
   18-9  Subdivision (1) of this subsection, then ending on the day that is
  18-10  the last day of a calendar month and that is nearest to the end of
  18-11  the corporation's first year of business.
  18-12        (b)  The tax covering the regular annual period, other than a
  18-13  regular annual period included on the initial report, is based on
  18-14  the business done by the corporation during the period beginning
  18-15  with the day after the last date upon which earned surplus on a
  18-16  previous report was <the initial report is> based<, as required by
  18-17  Subsection (a) of this section,> and ending with its last
  18-18  accounting period ending date for federal income tax purposes in
  18-19  the year before the year in which the report is originally due.  If
  18-20  there is no such ending date, then December 31 must be used.
  18-21        SECTION 19.  Section 171.201(a), Tax Code, is amended to read
  18-22  as follows:
  18-23        (a)  Except as provided by Section 171.2022, a corporation on
  18-24  which the franchise tax is imposed shall file an initial report
  18-25  with the comptroller containing:
   19-1              (1)  financial information of the corporation necessary
   19-2  to compute the tax under this chapter <information showing the
   19-3  financial condition of the corporation on the day that is the last
   19-4  day of a calendar month and that is nearest to the end of the
   19-5  corporation's first year of business>;
   19-6              (2)  the name and address of each officer and director
   19-7  of the corporation;
   19-8              (3)  the name and address of the agent of the
   19-9  corporation designated under Section 171.354; and
  19-10              (4)  other information required by the comptroller.
  19-11        SECTION 20.  Section 171.202(d), Tax Code, is amended to read
  19-12  as follows:
  19-13        (d)  In the case of a taxpayer whose previous return was its
  19-14  initial report, the optional payment provided under Paragraph (B)
  19-15  of Subdivision (2) of Subsection (c) of this section must be equal
  19-16  to the greater of:
  19-17              (1)  an amount produced by multiplying the net taxable
  19-18  capital, as reported <required to be shown> on the initial report,
  19-19  by the rate of tax in Section 171.002(a)(1) which is effective
  19-20  January 1 of the year in which the report is due; or
  19-21              (2)  an amount produced by multiplying the <amount paid
  19-22  on> net taxable earned surplus, reported <as required> on the
  19-23  initial report, by the rate of tax in Section 171.002(a)(2) which
  19-24  is effective January 1 of the year in which the report is due.
  19-25        SECTION 21.  Section 171.255(a), Tax Code is amended to read
   20-1  as follows:
   20-2        (a)  If the corporate privileges of a corporation are
   20-3  forfeited for the failure to file a report or pay a tax or penalty,
   20-4  each director or officer of the corporation is liable for each debt
   20-5  of the corporation that is created or incurred in this state after
   20-6  the date on which the report, tax, or penalty is due and before the
   20-7  corporate privileges are revived.  The liability includes liability
   20-8  for any tax or penalty imposed by this chapter on the corporation
   20-9  that becomes due and payable after the date of the forfeiture.  For
  20-10  purposes of this section, the term "debt" specifically includes any
  20-11  amount owed under this Title or any other provision of state law
  20-12  for tax, interest or penalty.
  20-13        SECTION 22.  This Act takes effect for reports originally due
  20-14  on or after January 1, 1994.
  20-15        SECTION 23.  The importance of this legislation and the
  20-16  crowded condition of the calendars in both houses create an
  20-17  emergency and an imperative public necessity that the
  20-18  constitutional rule requiring bills to be read on three several
  20-19  days in each house be suspended, and this rule is hereby suspended.