By Allen                                               H.B. No. 891
       74R2204 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to work programs for certain persons committed to a
    1-3  facility of the Texas Youth Commission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 171, Tax Code, is amended by adding
    1-6  Subchapter M to read as follows:
    1-7          SUBCHAPTER M.  TAX CREDIT FOR WAGES PAID TO CERTAIN
    1-8           CHILDREN COMMITTED TO THE TEXAS YOUTH COMMISSION
    1-9        Sec. 171.681.  DEFINITIONS.  In this subchapter:
   1-10              (1)  "Commission" means the Texas Youth Commission.
   1-11              (2)  "Eligible child" means a person who:
   1-12                    (A)  is committed to the commission under Title
   1-13  3, Family Code, other than a commitment under Section 54.04(d)(3),
   1-14  Family Code; and
   1-15                    (B)  resides at a facility of the commission.
   1-16        Sec. 171.682.  CREDIT.  A corporation that meets the
   1-17  eligibility requirements under this subchapter is entitled to a
   1-18  credit in the amount allowed by this subchapter against the tax
   1-19  imposed under this chapter.
   1-20        Sec. 171.683.  CREDIT FOR WAGES PAID TO ELIGIBLE CHILD.  (a)
   1-21  The amount of the credit for wages paid by a corporation to an
   1-22  eligible child is equal to 10 percent of the wages paid to the
   1-23  child or to the commission for the benefit of the child.
   1-24        (b)  A corporation is eligible for the credit under this
    2-1  section only if the corporation files on or before the due date of
    2-2  its franchise tax report for the privilege period for which the
    2-3  credit is claimed a written certification issued by the commission
    2-4  stating the amount of the wages that the corporation paid to an
    2-5  eligible child or to the commission for the benefit of the child
    2-6  during:
    2-7              (1)  the privilege period; and
    2-8              (2)  not more than six months of the preceding
    2-9  privilege period for wages for which a credit has not previously
   2-10  been claimed.
   2-11        (c)  A corporation is eligible for the credit under this
   2-12  section only if the eligible child to whom or for whose benefit it
   2-13  pays wages has been continuously employed by the corporation for
   2-14  not less than six months.
   2-15        Sec. 171.684.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN
   2-16  ELIGIBLE CHILD.  (a)  The amount of the credit for wages paid by a
   2-17  corporation to an employee who was first employed by the
   2-18  corporation when the employee was an eligible child is equal to 10
   2-19  percent of the wages paid the employee.
   2-20        (b)  A corporation is eligible for the credit under this
   2-21  section only if:
   2-22              (1)  the employee who was formerly an eligible child
   2-23  was continuously employed for not less than six months while an
   2-24  eligible child and has been continuously employed by the
   2-25  corporation for at least one year after the date that the employee
   2-26  was released from commitment to the commission or released under
   2-27  supervision by the commission; and
    3-1              (2)  the nature of the employment is substantially
    3-2  similar to the employment the employee had with the corporation
    3-3  when the employee was an eligible child or the employment requires
    3-4  more skills or provides greater opportunities for the employee.
    3-5        (c)  A corporation may claim a credit under this section only
    3-6  for:
    3-7              (1)  wages paid an employee after the employee has been
    3-8  employed by the corporation for more than one year after the
    3-9  earlier of the date of the employee's release from commitment to
   3-10  the commission or release under supervision by the commission; and
   3-11              (2)  wages paid the employee for not longer than one
   3-12  year.
   3-13        Sec. 171.685.  LIMITATION.  The total credits claimed under
   3-14  this subchapter for a privilege period may not exceed 50 percent of
   3-15  the amount of net franchise tax due for the privilege period after
   3-16  any other applicable tax credits.
   3-17        Sec. 171.686.  APPLICATION FOR CREDIT.  (a)  A corporation
   3-18  must apply for a credit under this subchapter on or with the tax
   3-19  report for the period for which the credit is claimed.
   3-20        (b)  The comptroller shall promulgate a form for the
   3-21  application for the credit.  A corporation must use this form in
   3-22  applying for the credit.
   3-23        Sec. 171.687.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A
   3-24  corporation may claim a credit under this subchapter for wages paid
   3-25  during an accounting period only against the tax owed for the
   3-26  corresponding privilege period.
   3-27        SECTION 2.  Subchapter C, Chapter 61, Human Resources Code,
    4-1  is amended by adding Section 61.0375 to read as follows:
    4-2        Sec. 61.0375.  EMPLOYMENT PROGRAMS; CERTIFICATION FOR
    4-3  FRANCHISE TAX CREDIT.  (a)  The commission may allow a corporation
    4-4  to employ a child committed to the commission and residing at a
    4-5  facility of the commission.
    4-6        (b)  Employment of a child by a person must comply with state
    4-7  and federal law.
    4-8        (c)  The commission shall prepare and issue any certification
    4-9  required under Subchapter M, Chapter 171, Tax Code, for a
   4-10  corporation to establish eligibility for the franchise tax credit
   4-11  authorized by that subchapter.
   4-12        SECTION 3.  A corporation may claim the credit under
   4-13  Subchapter M, Chapter 171, Tax Code, as added by this Act, only for
   4-14  any wages paid or incurred on or after the effective date of this
   4-15  Act and only a franchise tax report due under Chapter 171, Tax
   4-16  Code, on or after January 1, 1996.
   4-17        SECTION 4.  The importance of this legislation and the
   4-18  crowded condition of the calendars in both houses create an
   4-19  emergency and an imperative public necessity that the
   4-20  constitutional rule requiring bills to be read on three several
   4-21  days in each house be suspended, and this rule is hereby suspended.