By Dutton H.B. No. 1067
74R4343 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a franchise tax credit for a
1-3 corporation that provides a loaned teacher to a school district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 171, Tax Code, is amended
1-6 by adding Section 171.003 to read as follows:
1-7 Sec. 171.003. LOANED TEACHER CREDIT. (a) A corporation
1-8 that provides an employee of the corporation to a school district
1-9 as a loaned teacher under Section 13.914, Education Code, is
1-10 entitled to a credit to be applied against the tax imposed under
1-11 this chapter in an amount equal to:
1-12 (1) one-half of the amount of the compensation paid by
1-13 the corporation to the loaned teacher for services performed for
1-14 the school district; and
1-15 (2) one-half of any expenses incurred by the
1-16 corporation in providing the loaned teacher, including the costs of
1-17 insurance covering the corporation for any liability that might
1-18 arise from the activities of the loaned teacher performed in the
1-19 scope of teaching duties.
1-20 (b) The credit authorized by this section may be applied
1-21 against the tax on net taxable earned surplus due for a reporting
1-22 period occurring after the completion of the loaned teacher's
1-23 duties for the school district as provided by the comptroller's
1-24 rules.
2-1 (c) The credit authorized by this section is nontransferable
2-2 and may not exceed the amount of the tax on net taxable earned
2-3 surplus due under this chapter for the period for which the credit
2-4 may be claimed.
2-5 (d) A corporation must provide the comptroller with
2-6 information as requested by the comptroller to determine the
2-7 validity of the credit under this section.
2-8 SECTION 2. The credit authorized by Section 171.003, Tax
2-9 Code, as added by this Act, applies only to compensation and
2-10 expenses paid by a corporation on or after the effective date of
2-11 this Act.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.