By Allen                                              H.B. No. 2318
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to work programs for certain persons committed to the
    1-3  Texas Youth Commission and to tax credits and abatements for
    1-4  businesses participating in the programs.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 61, Human Resources Code, is amended by
    1-7  adding Subchapter H to read as follows:
    1-8                   SUBCHAPTER H.  INDUSTRIES PROGRAM
    1-9        Sec. 61.121.  PROGRAM; PURPOSES.  (a)  The commission may
   1-10  establish and operate an industries program at any commission
   1-11  facility.
   1-12        (b)  The purposes of the industries program are to:
   1-13              (1)  provide adequate employment and vocational
   1-14  training for children; and
   1-15              (2)  develop and expand public and private commission
   1-16  industries.
   1-17        (c)  The commission shall:
   1-18              (1)  use children as workers in the industries program
   1-19  to the greatest extent feasible; and
   1-20              (2)  expand the industries program by pursuing
   1-21  arrangements with business to use children as workers.
   1-22        Sec. 61.122.  ADVISORY COMMITTEE.  (a)  A commission
   1-23  industries advisory committee is created consisting of nine members
   1-24  appointed by the commission.  An effort shall be made to include
    2-1  representatives of industries appropriate for hiring young
    2-2  offenders.
    2-3        (b)  Members serve staggered three-year terms, with the terms
    2-4  of three members expiring February 1 of each odd-numbered year.
    2-5        Sec. 61.123.  PAY AND DISTRIBUTION OF PAY.  (a)  The
    2-6  commission may develop and administer an incentive pay scale for
    2-7  children who participate in the industries program.
    2-8        (b)  The commission shall apportion wages earned by a child
    2-9  working under the industries program in amounts determined at the
   2-10  discretion of the commission to:
   2-11              (1)  a person to whom the child has been ordered by a
   2-12  court to pay restitution;
   2-13              (2)  the general revenue fund of the state, as
   2-14  reimbursement for the cost of the child's confinement provided that
   2-15  the industries program in which the child is participating is
   2-16  Private Sector/Prison Industries certified by the Bureau of Justice
   2-17  Assistance under 18 U.S.C. Section 1761;
   2-18              (3)  the compensation to victims of crime fund and the
   2-19  compensation to victims of crime auxiliary fund created by Article
   2-20  56.54, Code of Criminal Procedure; and
   2-21              (4)  a trust fund for the child.
   2-22        Sec. 61.124.  INDUSTRIES FUND.  (a)  A Texas Youth Commission
   2-23  industries program fund is created in the state treasury.
   2-24        (b)  Proceeds from the operation of Private Sector/Prison
   2-25  Industries certified industries programs shall be deposited in the
   2-26  fund.
   2-27        (c)  Money from the fund may only be appropriated for use by
    3-1  the commission for the administration of this subchapter.
    3-2        (d)  Sections 403.094 and 403.095, Government Code, do not
    3-3  apply to the fund.
    3-4        Sec. 61.125.  CONTRACTS.  The commission may contract with a
    3-5  private person to conduct an industries program on or off premises
    3-6  operated by the commission.
    3-7        Sec. 61.126.  GRANTS.  (a)  The commission may accept a grant
    3-8  for the vocational rehabilitation of children.
    3-9        (b)  The commission shall maintain a record of the receipt
   3-10  and disbursement of a grant.
   3-11        Sec. 61.127.  LEASE OF LAND.  (a)  The commission may lease
   3-12  land owned by the commission to a private business to expand and
   3-13  develop the industries program.
   3-14        (b)  The term of the lease may not exceed 50 years.
   3-15        (c)  The business must lease the land at fair market value.
   3-16        (d)  The business may construct a new facility on the land or
   3-17  convert an existing facility.
   3-18        Sec. 61.128.  CERTIFICATION FOR FRANCHISE CREDIT.  The
   3-19  commission shall prepare and issue a certification that a
   3-20  corporation requires to establish eligibility for the franchise tax
   3-21  credit for wages paid as provided by Subchapter M, Chapter 171, Tax
   3-22  Code.
   3-23        Sec. 61.129.  OPTIONAL AD VALOREM TAX ABATEMENT.  (a)  A
   3-24  business contracting with the commission may enter into an ad
   3-25  valorem tax abatement agreement under Subchapters B and C, Chapter
   3-26  312, Tax Code, with the governing body of the municipality and
   3-27  county in which the business is located.
    4-1        (b)  If an area in which businesses contracting with the
    4-2  commission under this subchapter is designated as a reinvestment
    4-3  zone under Chapter 312, Tax Code, the area satisfies Section
    4-4  312.202(a)(6), Tax Code, in that the area would be reasonably
    4-5  likely as a result of the designation to contribute to the
    4-6  retention or expansion of primary employment or to attract major
    4-7  investment in the zone that would be a benefit to the property and
    4-8  that would contribute to the economic development of the entity
    4-9  designating the area as a reinvestment zone.
   4-10        SECTION 2.  Chapter 171, Tax Code, is amended by adding
   4-11  Subchapter M to read as follows:
   4-12          SUBCHAPTER M.  TAX CREDIT FOR WAGES PAID TO CERTAIN
   4-13             CHILDREN COMMITTED TO TEXAS YOUTH COMMISSION
   4-14        Sec. 171.681.  DEFINITIONS.  In this subchapter:
   4-15              (1)  "Commission" means Texas Youth Commission.
   4-16              (2)  "Eligible child" means a person in the industries
   4-17  program of the Texas Youth Commission operated under Subchapter H,
   4-18  Chapter 61, Human Resources Code.
   4-19        Sec. 171.682.  CREDIT.  A corporation that meets the
   4-20  eligibility requirements under this subchapter is entitled to a
   4-21  credit in the amount allowed by this subchapter against the tax
   4-22  imposed under this chapter.
   4-23        Sec. 171.683.  CREDIT FOR WAGES PAID TO ELIGIBLE CHILD.  (a)
   4-24  The amount of the credit for wages paid by a corporation to an
   4-25  eligible child is equal to 10 percent of that portion of  the wages
   4-26  paid that the commission apportioned under Section 61.123(b), Human
   4-27  Resources Code.
    5-1        (b)  A corporation is eligible for the credit under this
    5-2  section only if it receives before the due date of its franchise
    5-3  tax report for the privilege period for which the credit is claimed
    5-4  a written certification from the commission stating the amount of
    5-5  the wages that the corporation paid to an eligible child or to the
    5-6  commission and the amount of those wages apportioned under Section
    5-7  61.123(b), Human Resources Code, during:
    5-8              (1)  the privilege period; and
    5-9              (2)  not more than six months of the preceding
   5-10  privilege period for wages for which a credit has not previously
   5-11  been claimed.
   5-12        (c)  A corporation is eligible for the credit under this
   5-13  section only if the eligible child to whom or for whose benefit it
   5-14  pays wages has been continuously employed by the corporation for
   5-15  not less than six months.
   5-16        Sec. 171.684.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN
   5-17  ELIGIBLE CHILD.  (a)  The amount of the credit for wages paid by a
   5-18  corporation to an employee who was first employed by the
   5-19  corporation when the employee was an eligible child is equal to 10
   5-20  percent of that portion of the wages paid that, were the employee
   5-21  still an eligible child, the commission would apportion under
   5-22  Section 61.123(b), Human Resources Code.
   5-23        (b)  A corporation is eligible for the credit under this
   5-24  section only if:
   5-25              (1)  the employee who was formerly an eligible child
   5-26  was continuously employed for not less than six months while an
   5-27  eligible child and has been continuously employed by the
    6-1  corporation for at least one year after the date that the employee
    6-2  was released from commitment to the commission or released under
    6-3  supervision by the commission;
    6-4              (2)  the nature of the employment is substantially
    6-5  similar to the employment the employee had with the corporation
    6-6  when the employee was an eligible child or the employment requires
    6-7  more skills or provides greater opportunities for the employee;
    6-8              (3)  the corporation has provided the commission a
    6-9  statement of the amount of wages paid the eligible child during the
   6-10  accounting period on which the credit is computed; and
   6-11              (4)  the corporation receives before the due date of
   6-12  its franchise tax report for the tax privilege period for which the
   6-13  credit is claimed a written certification from the commission
   6-14  stating the amount of the wages that, were the employee still an
   6-15  eligible child, the commission would apportion under Section
   6-16  61.123(b), Human Resources Code.
   6-17        (c)  A corporation may claim a credit under this section only
   6-18  for:
   6-19              (1)  wages paid an employee after the employee has been
   6-20  employed by the corporation for more than one year after the
   6-21  earlier of the date of the employee's release from commitment to
   6-22  the commission or release under supervision by the commission; and
   6-23              (2)  wages paid the employee for not longer than one
   6-24  year.
   6-25        Sec. 171.685.  LIMITATION.  The total credits claimed under
   6-26  this subchapter for a privilege period may not exceed 50 percent of
   6-27  the amount of net franchise tax due for the privilege period after
    7-1  any other applicable tax credits.
    7-2        Sec. 171.686.  APPLICATION FOR CREDIT.  (a)  A corporation
    7-3  must apply for a credit under this subchapter on or with the tax
    7-4  report for the period for which the credit is claimed.
    7-5        (b)  The comptroller shall promulgate a form for the
    7-6  application for the credit.  A corporation must use this form in
    7-7  applying for the credit.
    7-8        Sec.  171.687.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A
    7-9  corporation may claim a credit under this subchapter for wages paid
   7-10  during an accounting period only against the tax owed for the
   7-11  corresponding privilege period.
   7-12        SECTION 3.  A corporation may claim the credit under
   7-13  Subchapter M, Chapter 171, Tax Code, as added by this Act, only for
   7-14  any wages paid or incurred on or after the effective date of this
   7-15  Act and only a franchise tax report due under Chapter 171, Tax
   7-16  Code, on or after January 1, 1996.
   7-17        SECTION 4.  The importance of this legislation and the
   7-18  crowded condition of the calendars in both houses create an
   7-19  emergency and an imperative public necessity that the
   7-20  constitutional rule requiring bills to be read on three several
   7-21  days in each house be suspended, and this rule is hereby suspended.