By Montford                                          S.C.R. No. 138
       74R10968 CCK-D
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, Congressional legislation in 1976 added Section
    1-2  170(e)(3) of the Internal Revenue Code, offering a tax incentive
    1-3  for donations by corporations to charities serving the ill, the
    1-4  needy, or infants; and
    1-5        WHEREAS, The incentive exists in the form of a charitable
    1-6  contribution deduction equal to half the difference between the
    1-7  donor's cost and the fair market value of the donated product, not
    1-8  to exceed twice the cost; and
    1-9        WHEREAS, In West Texas, which contributes a high percentage
   1-10  of this state's agricultural production, farmers have responded
   1-11  generously to solicitations by providing donations of food for
   1-12  dehydration and distribution to the hungry through the food bank
   1-13  network; and
   1-14        WHEREAS, Fairness warrants that noncorporate farmers and any
   1-15  other entities supplying food or other charitable donations be
   1-16  entitled to equal tax treatment and enjoy a similar tax incentive
   1-17  as corporate farmers; and
   1-18        WHEREAS, Such an incentive would not only increase the amount
   1-19  of food destined for the needy but would have a positive effect on
   1-20  net farm income and would prevent the destruction of crops that are
   1-21  economically unmarketable due to poor weather conditions,
   1-22  corresponding low yield, or other factors; now, therefore, be it
   1-23        RESOLVED, That the 74th Legislature of the State of Texas
   1-24  hereby respectfully urge the United States Congress to amend the
    2-1  Internal Revenue Code to extend to noncorporate farmers, entities,
    2-2  and individuals the tax incentive for charitable donations; and, be
    2-3  it further
    2-4        RESOLVED, That the Texas secretary of state forward official
    2-5  copies of this resolution to the speaker of the house of
    2-6  representatives and president of the senate of the United States
    2-7  Congress and to all members of the Texas delegation to the congress
    2-8  with the request that it be entered officially in the Congressional
    2-9  Record as a memorial to the Congress of the United States.