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.