BILL ANALYSIS
S.B. 1658
By: Gallegos
Finance
05-10-95
Committee Report (Amended)
BACKGROUND
Current law does not allow certain institutions of higher education
to acquire real estate in exchange for a state sales or franchise
tax credit granted to the property owner.
PURPOSE
As proposed, S.B. 1658 allows an institution of higher education to
petition the Texas Higher Education Coordinating Board for approval
to obtain the desired real estate in which the comptroller would be
required to grant a property owner a franchise or sales tax credit
within 10 days of the approval.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 111C, Tax Code, by adding Section
111.110, as follows:
Sec. 111.110. TAX CREDIT FOR REAL PROPERTY CONTRIBUTED TO AN
INSTITUTION OF HIGHER EDUCATION. (a) Requires the
comptroller to issue a credit to be used by a taxpayer who
qualifies for the credit against the payment of a tax imposed
on the taxpayer for the franchise tax under Chapter 171 or if
the taxpayer holds a direct payment permit for the sales and
use tax under Chapter 151, for the tax, subject to the
provisions of Chapter 55D, Education Code.
(b) Provides that the credit applies to a tax originally
due on or after the date the credit is issued but not later
than the end of the 20th calendar year following the
calendar year in which the credit was issued.
(c) Prohibits a taxpayer from claiming a credit issued
under this section in a calendar year in an amount greater
than five percent of the total credit issued to that
taxpayer.
(d) Requires a taxpayer to include a statement containing
certain information with a return or report showing an
amount of tax due against which a taxpayer claims a credit
under this section.
(e) Authorizes the comptroller to recover an amount
erroneously claimed as a credit in a jeopardy or deficiency
determination issued before the fourth anniversary of the
date on which the erroneous claim is filed.
SECTION 2. Amends Chapter 55, Education Code, by adding Subchapter
D, as follows:
SUBCHAPTER D. TAX CREDIT FOR CONTRIBUTED REAL PROPERTY
Sec. 55.51. PETITION FOR TAX CREDIT; QUALIFICATIONS. (a)
Authorizes the governing board to petition the Texas Higher
Education Coordinating Board (coordinating board), in
accordance with the rules and regulations adopted under
Section 61.027, for the issuance of a tax credit to the owner
of the real estate in the amount provided by this subchapter
in exchange for the owner's transfer of the parcel of real
estate to the institution if the governing board of an
institution determines that the funds to acquire a parcel of
real estate may not be provided through the issuance of
revenue bonds pursuant to this chapter.
(b) Authorizes a taxpayer to qualify for a tax credit under
this subchapter under certain conditions.
Sec. 55.52. TAX CREDIT PETITION. (a) Requires the
governing board to show or provide certain information in the
petition before the coordinating board authorized by Section
55.51.
(b) Requires the petition to include a fair market
valuation study by an independent, certified real estate
appraiser with not less than five years experience.
Sec. 55.53. RULING BY COORDINATING BOARD. (a) Requires the
coordinating board, in accordance with the rules and
regulations adopted under Section 61.027, to grant or to deny
the petition by the 90th day after the date the coordinating
board receives a petition authorized by Section 55.51.
(b) Requires the coordinating board to request, receive,
and consider a report from the comptroller indicating
certain information prior to deciding whether to grant or
deny the petition.
(c) Requires the coordinating board to issue a written
notice of its ruling on a petition authorized by Section
55.51 within five days of such ruling and deliver its
decision to the petitioning institution and to the
comptroller.
Sec. 55.54. ISSUANCE OF TAX CREDIT. (a) Requires the
comptroller to issue a written notice to the owner of the
parcel of real estate that a tax credit in an amount equal to
50 percent of the fair market value reported on the petition
has been granted conditioned on the completion of the transfer
of the parcel to the petitioning institution on or before
August 31, 1996.
(b) Prohibits the owner from claiming a tax credit before
the owner files with the comptroller a statement signed by
the property owner and the petitioning institution that the
property transfer has been completed on or before August 31,
1996.
Sec. 55.55. EXPIRATION DATE. Provides that this subchapter
expires January 1, 1997.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.