1-1  By:  Gallegos                                         S.B. No. 1658
    1-2        (In the Senate - Filed April 19, 1995; April 19, 1995, read
    1-3  first time and referred to Committee on Finance; May 9, 1995,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 8, Nays 1; May 9, 1995, sent to printer.)
    1-6  COMMITTEE SUBSTITUTE FOR S.B. No. 1658                   By:  Ellis
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to tax credits for real property contributed to
   1-10  institutions of higher education.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Subchapter C, Chapter 111, Tax Code, is amended
   1-13  by adding Section 111.110 to read as follows:
   1-14        Sec. 111.110.  TAX CREDIT FOR REAL PROPERTY CONTRIBUTED TO AN
   1-15  INSTITUTION OF HIGHER EDUCATION.  (a)  Subject to the provisions of
   1-16  Subchapter D, Chapter 55, Education Code, the comptroller shall
   1-17  issue a credit to be used by a taxpayer who qualifies for the
   1-18  credit under that subchapter against the payment of a tax imposed
   1-19  on the taxpayer:
   1-20              (1)  for the franchise tax under Chapter 171; or
   1-21              (2)  if the taxpayer holds a direct payment permit for
   1-22  the sales and use tax under Chapter 151, for that tax.
   1-23        (b)  The credit applies to a tax originally due on or after
   1-24  the date the credit is issued but not later than the end of the
   1-25  20th calendar year following the calendar year in which the credit
   1-26  was issued.
   1-27        (c)  A taxpayer may not claim a credit issued under this
   1-28  section in a calendar year in an amount greater than five percent
   1-29  of the total credit issued to that taxpayer.
   1-30        (d)  A taxpayer shall include with a return or report showing
   1-31  an amount of tax due against which a taxpayer claims a credit under
   1-32  this section, a statement containing the following information:
   1-33              (1)  the original amount of the credit and its date of
   1-34  issue;
   1-35              (2)  the total amount of the credit previously claimed
   1-36  by the taxpayer;
   1-37              (3)  the amount of credit claimed on the attached
   1-38  return;
   1-39              (4)  the remaining unused credit amount; and
   1-40              (5)  the calendar year in which the credit expires.
   1-41        (e)  The comptroller may recover an amount erroneously
   1-42  claimed as a credit in a jeopardy or deficiency determination
   1-43  issued before the fourth anniversary of the date on which the
   1-44  erroneous claim is filed.
   1-45        SECTION 2.  Chapter 55, Education Code, is amended by adding
   1-46  Subchapter D to read as follows:
   1-47        SUBCHAPTER D.  TAX CREDIT FOR CONTRIBUTED REAL PROPERTY
   1-48        Sec. 55.51.  PETITION FOR TAX CREDIT; QUALIFICATIONS.
   1-49  (a)  If the governing board of an institution determines that the
   1-50  funds to acquire a parcel of real estate may not be provided
   1-51  through the issuance of revenue bonds under this chapter, the
   1-52  governing board may petition the Texas Higher Education
   1-53  Coordinating Board, in accordance with the rules and regulations
   1-54  adopted under Section 61.027, for the issuance of a tax credit to
   1-55  the owner of the real estate in the amount provided by this
   1-56  subchapter in exchange for the owner's transfer of the parcel of
   1-57  real estate to the institution.
   1-58        (b)  A taxpayer may qualify for a tax credit under this
   1-59  subchapter only if:
   1-60              (1)  the parcel of real estate that is the subject of
   1-61  the petition is located in a county with a population of more than
   1-62  2,500,000;
   1-63              (2)  the institution seeking ownership of the parcel
   1-64  has more than 29,000 students enrolled or registered during its
   1-65  regular term at a facility of the institution located in a county
   1-66  with a population of more than 2,500,000; and
   1-67              (3)  the parcel of real estate owned by the taxpayer is
   1-68  transferred to the institution on or before August 31, 1996.
    2-1        Sec. 55.52.  TAX CREDIT PETITION.  (a)  In the petition
    2-2  before the Texas Higher Education Coordinating Board authorized by
    2-3  Section 55.51, the governing board shall:
    2-4              (1)  show that the desired parcel has been included in
    2-5  the most recent campus facilities plan or similar master plan
    2-6  adopted by the governing board as a property proposed or targeted
    2-7  for acquisition;
    2-8              (2)  show that the desired parcel is being offered or
    2-9  proposed for sale on the open market;
   2-10              (3)  provide an estimate of the current fair market
   2-11  value of the desired parcel; and
   2-12              (4)  show the basis for the governing board's
   2-13  determination that revenue bond funding may not be available.
   2-14        (b)  The petition must include a fair market valuation study
   2-15  of the desired parcel completed and signed by an independent,
   2-16  certified real estate appraiser with not less than five years
   2-17  experience.
   2-18        Sec. 55.53.  RULING BY COORDINATING BOARD.  (a)  Not later
   2-19  than the 90th day after the date the Texas Higher Education
   2-20  Coordinating Board receives a petition authorized by Section 55.51,
   2-21  the board shall, in accordance with the rules and regulations
   2-22  adopted under Section 61.027, grant or deny the petition.
   2-23        (b)  Before deciding whether to grant or deny the petition,
   2-24  the Texas Higher Education Coordinating Board shall request,
   2-25  receive, and consider a report from the comptroller indicating:
   2-26              (1)  whether the estimate of fair market value
   2-27  presented in the petition is derived in a reasonable and
   2-28  professional manner;
   2-29              (2)  whether the owner of the real estate currently
   2-30  owes any outstanding taxes collected or administered by the
   2-31  comptroller; and
   2-32              (3)  whether the owner of the real estate qualifies for
   2-33  the tax credit under Sections 55.51(b)(1) and (2).
   2-34        (c)  The Texas Higher Education Coordinating Board shall
   2-35  issue a written notice of its ruling on a petition authorized by
   2-36  Section 55.51 not later than the fifth day after the date of the
   2-37  ruling and deliver its decision to the petitioning institution and
   2-38  to the comptroller.
   2-39        Sec. 55.54.  ISSUANCE OF TAX CREDIT.  (a)  Not later than the
   2-40  10th day after the date the Texas Higher Education Coordinating
   2-41  Board grants a petition authorized by Section 55.51, the
   2-42  comptroller shall issue a written notice to the owner of the parcel
   2-43  of real estate that a tax credit in an amount equal to 50 percent
   2-44  of the fair market value reported on the petition has been granted
   2-45  conditioned on the completion of the transfer of the parcel to the
   2-46  petitioning institution on or before August 31, 1996.
   2-47        (b)  The owner may not claim a tax credit before the owner
   2-48  files with the comptroller a statement signed by the property owner
   2-49  and the petitioning institution that the property transfer has been
   2-50  completed on or before August 31, 1996.
   2-51        Sec. 55.55.  EXPIRATION DATE.  This subchapter expires
   2-52  January 1, 1997.
   2-53        SECTION 3.  This Act takes effect September 1, 1995.
   2-54        SECTION 4.  The importance of this legislation and the
   2-55  crowded condition of the calendars in both houses create an
   2-56  emergency and an imperative public necessity that the
   2-57  constitutional rule requiring bills to be read on three several
   2-58  days in each house be suspended, and this rule is hereby suspended.
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