75R9864 DAK/CBH-D                           

         By Craddick, Junell, et al.                              H.B. No. 4

         Substitute the following for H.B. No. 4:

         By Sadler, Hilbert, Brimer, Chisum,                  C.S.H.B. No. 4

            Craddick, Hernandez, Hochberg, Junell,

            Stiles, Williamson, Wilson

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to funding public elementary and secondary schools and

 1-3     providing property tax relief and equity and to the imposition,

 1-4     administration, enforcement, and collection of, and allocation of

 1-5     the revenue from, various state and local taxes; providing

 1-6     penalties.

 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-8                         ARTICLE 1.  SCHOOL FINANCE

 1-9           SECTION 1.01.  The following provisions of the Education Code

1-10     are repealed:

1-11                 (1)  Chapter 41; and

1-12                 (2)  Sections 7.055(a)(34), 12.107, 31.021(c), and

1-13     56.208(d).

1-14           SECTION 1.02.  Chapter 42, Education Code, is amended to read

1-15     as follows:

1-16                   CHAPTER 42.  FOUNDATION SCHOOL PROGRAM

1-17                      SUBCHAPTER A.  GENERAL PROVISIONS

1-18           Sec. 42.001.  STATE POLICY.  (a)  It is the policy of this

1-19     state that the provision of public education is a state

1-20     responsibility and that a thorough and efficient system be provided

1-21     and substantially financed through state revenue sources so that

1-22     each student enrolled in the public school system shall have access

1-23     to programs and services that are appropriate to the student's

1-24     educational needs and that are substantially equal to those

 2-1     available to any similar student, notwithstanding varying local

 2-2     economic factors.

 2-3           (b)  The public school finance system of this state shall

 2-4     adhere to a standard of neutrality that provides for substantially

 2-5     equal access to similar revenue per student at similar tax effort,

 2-6     considering all state and local tax revenues of districts after

 2-7     acknowledging all legitimate student and district cost differences.

 2-8           Sec. 42.002.  PURPOSES OF FOUNDATION SCHOOL PROGRAM.

 2-9     (a)  The purposes of the Foundation School Program set forth in

2-10     this chapter are to guarantee that each school district in the

2-11     state has:

2-12                 (1)  adequate resources to provide each eligible

2-13     student a basic instructional program and facilities suitable to

2-14     the student's educational needs; and

2-15                 (2)  access to a substantially equalized program of

2-16     financing in excess of basic costs for certain services, as

2-17     provided by this chapter.

2-18           (b)  The Foundation School Program consists of[:]

2-19                 [(1)]  two tiers that in combination provide for:

2-20                 (1) [(A)]  sufficient financing for all school

2-21     districts to provide a basic program of education that is rated

2-22     academically acceptable or higher under Section 39.072 and meets

2-23     other applicable legal standards; and

2-24                 (2) [(B)]  substantially equal access to funds to

2-25     provide an enriched program and additional funds for facilities.

2-26           (c)  The Foundation School Program is supplemented by[; and]

2-27                 [(2)]  a facilities component as provided by Chapter

 3-1     46.

 3-2           Sec. 42.003.  STUDENT ELIGIBILITY.  (a)  A student is

 3-3     entitled to the benefits of the Foundation School Program if the

 3-4     student is 5 years of age or older and under 21 years of age on

 3-5     September 1 of the school year and has not graduated from high

 3-6     school.

 3-7           (b)  A student to whom Subsection (a)  does not apply is

 3-8     entitled to the benefits of the Foundation School Program if the

 3-9     student is enrolled in a prekindergarten class under Section

3-10     29.153.

3-11           (c)  A child may be enrolled in the first grade if the child

3-12     is at least six years of age at the beginning of the school year of

3-13     the district or has been enrolled in the first grade or has

3-14     completed kindergarten in the public schools in another state

3-15     before transferring to a public school in this state.

3-16           (d)  Notwithstanding Subsection (a), a student younger than

3-17     five years of age is entitled to the benefits of the Foundation

3-18     School Program if:

3-19                 (1)  the student performs satisfactorily on the

3-20     assessment instrument administered under Section 39.023(a) to

3-21     students in the third grade; and

3-22                 (2)  the district has adopted a policy for admitting

3-23     students younger than five years of age.

3-24           Sec. 42.004.  ADMINISTRATION OF THE PROGRAM.  The

3-25     commissioner, in accordance with [the] rules adopted by the

3-26     commissioner [of the State Board of Education], shall take such

3-27     action and require such reports consistent with this chapter as may

 4-1     be necessary to implement and administer the Foundation School

 4-2     Program.

 4-3           Sec. 42.005.  AVERAGE DAILY ATTENDANCE.  (a)  In this

 4-4     chapter, average daily attendance is the quotient of the sum of

 4-5     attendance for each day of the minimum number of days of

 4-6     instruction as described under Section 25.081(a) [and for each day

 4-7     approved by the commissioner for an extended year program under

 4-8     Section 29.082] divided by the minimum number of days of

 4-9     instruction.

4-10           [(a-1)  Subsection (a) applies beginning with the 1997-1998

4-11     school year.  For the 1995-1996 and 1996-1997 school years, average

4-12     daily attendance is the quotient of the sum of attendance for each

4-13     day of the minimum number of days of instruction as described under

4-14     Section 25.081(a) divided by the minimum number of days of

4-15     instruction.  This subsection expires September 1, 1997.]

4-16           (b)  A school district that experiences a decline of two

4-17     percent or more in average daily attendance as a result of the

4-18     closing or reduction in personnel of a military base shall be

4-19     funded on the basis of the actual average daily attendance of the

4-20     preceding school year.

4-21           (c)  The commissioner shall adjust the average daily

4-22     attendance of a school district that has a significant percentage

4-23     of students who are migratory children as defined by 20 U.S.C.

4-24     Section 6399.

4-25           (d)  The commissioner may adjust the average daily attendance

4-26     of a school district in which a disaster, flood, extreme weather

4-27     condition, fuel curtailment, or other calamity has a significant

 5-1     effect on the district's attendance.

 5-2           Sec. 42.006.  PUBLIC EDUCATION INFORMATION MANAGEMENT SYSTEM

 5-3     (PEIMS).  (a)  Each school district shall participate in the Public

 5-4     Education Information Management System (PEIMS) and shall provide

 5-5     through that system information required for the administration of

 5-6     this chapter and of other appropriate provisions of this code.

 5-7           (b)  Each school district shall use a uniform accounting

 5-8     system adopted by the commissioner for the data required to be

 5-9     reported for the Public Education Information Management System.

5-10           (c)  Annually, the commissioner shall review the Public

5-11     Education Information Management System and shall repeal or amend

5-12     rules that require school districts to provide information through

5-13     the Public Education Information Management System that is not

5-14     necessary.  In reviewing and revising the Public Education

5-15     Information Management System, the commissioner shall develop rules

5-16     to ensure that the system:

5-17                 (1)  provides useful, accurate, and timely information

5-18     on student demographics and academic performance, personnel, and

5-19     school district finances;

5-20                 (2)  contains only the data necessary for the

5-21     legislature and the agency to perform their legally authorized

5-22     functions in overseeing the public education system; and

5-23                 (3)  does not contain any information related to

5-24     instructional methods, except as required by federal law.

5-25           Sec. 42.007.  EQUALIZED FUNDING ELEMENTS.  (a)  The

5-26     Legislative Budget Board shall compute [adopt rules, subject to

5-27     appropriate notice and opportunity for public comment, for the

 6-1     calculation] for each year of a biennium [of] the qualified funding

 6-2     elements, in accordance with Subsection (c), [under Section

 6-3     42.256(e)] necessary to achieve the state policy under Section

 6-4     42.001.

 6-5           (b)  Before [Not later than October 1 preceding] each regular

 6-6     session of the legislature, the board shall report the equalized

 6-7     funding elements to [the foundation school fund budget committee,]

 6-8     the commissioner[,] and the legislature.

 6-9           (c)  [Sec. 42.256.  FOUNDATION SCHOOL FUND BUDGET COMMITTEE.

6-10     (a)  The foundation school fund budget committee is composed of the

6-11     governor, the lieutenant governor, and the comptroller.]

6-12           [(b)  On or before December 1 before each regular session of

6-13     the legislature, the budget committee shall determine and certify

6-14     to the comptroller an amount of money to be placed in the

6-15     foundation school fund for the succeeding biennium for the purpose

6-16     of financing the Foundation School Program.]

6-17           [(c)  The budget committee may, during the biennium, change

6-18     the estimate of money necessary to finance the Foundation School

6-19     Program.]

6-20           [(d)  The foundation school fund budget committee shall adopt

6-21     rules for the calculation for each year of a biennium of the

6-22     qualified funding elements necessary to achieve the state funding

6-23     policy under Section 42.001.  In the calculation of these funding

6-24     elements, the committee shall consider the report of the

6-25     Legislative Budget Board prescribed under Section 42.007.]

6-26           [(e)]  The funding elements shall include:

6-27                 (1)  an amount [a basic allotment] for the purposes of

 7-1     Section 42.101 that[, when combined with the guaranteed yield

 7-2     component provided by Subchapter F,] represents the cost per

 7-3     student of a regular education program that meets all mandates of

 7-4     law and regulation;

 7-5                 (2)  adjustments designed to reflect the variation in

 7-6     known resource costs and costs of education beyond the control of

 7-7     school districts; and

 7-8                 (3)  appropriate program cost differentials and other

 7-9     funding elements for the programs required by Subchapters A-D and

7-10     F, Chapter 29 [authorized under Subchapter C], with the program

7-11     funding level expressed as dollar amounts and as student

7-12     multipliers [weights] applied to the guaranteed level of state and

7-13     local funds per student [adjusted basic allotment] for the

7-14     appropriate year[;]

7-15                 [(4)  the maximum guaranteed level of qualified state

7-16     and local funds per student for the purposes of Subchapter F;]

7-17                 [(5)  the enrichment and facilities tax rate under

7-18     Subchapter F];

7-19                 [(6)  the calculation of students in weighted average

7-20     daily attendance under Section 42.302; and]

7-21                 [(7)  the amount to be appropriated for the school

7-22     facilities assistance program under Subchapter H].

7-23           (d)  The board may conduct a study on the funding elements

7-24     each biennium, as appropriate.

7-25           [(f)  Not later than December 1 preceding each regular

7-26     session of the legislature, the foundation school fund budget

7-27     committee shall publish and report the equalized funding elements

 8-1     calculated under this section to the commissioner and the

 8-2     legislature.  Before the committee adopts the elements, the

 8-3     committee or the committee's designees shall hold a public hearing

 8-4     on the recommendations of the Legislative Budget Board.]

 8-5               (Sections 42.008-42.100 reserved for expansion)

 8-6                  SUBCHAPTER B.  BASIC PROGRAM [ENTITLEMENT]

 8-7                  [SUBCHAPTER F.  GUARANTEED YIELD PROGRAM]

 8-8           [Sec. 42.301.  PURPOSE.  The purpose of the guaranteed yield

 8-9     component of the Foundation School Program is to provide each

8-10     school district with the opportunity to provide the basic program

8-11     and to supplement that program at a level of its own choice and

8-12     with access to additional funds for facilities.  An allotment under

8-13     this subchapter may be used for any legal purpose, including

8-14     capital outlay and debt service.]

8-15           Sec. 42.101.  BASIC PROGRAM [42.302. ALLOTMENT].  (a)  Each

8-16     school district is guaranteed a specified amount per [weighted]

8-17     student in state and local funds for each cent of tax effort [over

8-18     that required for the district's local fund assignment] up to the

8-19     maximum level specified in this subchapter.  Except as provided by

8-20     Subchapter C, funds allocated under this section may be used for

8-21     any legal purpose.  The amount of state and local funds for each

8-22     educational program for which a student multiplier is provided

8-23     under Subsection (b) [support, subject only to the maximum amount

8-24     under Section 42.303,] is determined by the formula:

8-25     GYA = [(]GL X S X SM [WADA] X DTR X 100[) - LR]

8-26     where:

8-27           "GYA" is the guaranteed yield amount of state and local funds

 9-1     [to be] allocated to the district for the educational program;

 9-2           "GL" is the dollar amount guaranteed level of state and local

 9-3     funds per [weighted] student per cent of tax effort, which is

 9-4     $53.15 [$20.55] or a greater amount for any year provided by

 9-5     appropriation[, or a greater amount adopted by the foundation

 9-6     school fund budget committee under Section 42.256(d)];

 9-7           "S" ["WADA"] is the number of students in [weighted] average

 9-8     daily attendance, number of full-time equivalent students, or

 9-9     number of students enrolled, as appropriate, in the educational

9-10     program for which the computation is made[, which is calculated by

9-11     dividing the sum of the school district's allotments under

9-12     Subchapters B and C, less any allotment to the district for

9-13     transportation and 50 percent of the adjustment under Section

9-14     42.102, by the basic allotment for the applicable year];

9-15           "SM" is the student multiplier for the educational program,

9-16     as provided by Subsection (b); and

9-17           "DTR" is the district maintenance and operations [enrichment

9-18     and facilities] tax rate of the school district[, which is

9-19     determined by subtracting the amounts specified by Subsection (b)

9-20     from the total amount of taxes collected by the school district for

9-21     the applicable school year and dividing the difference by the

9-22     quotient of the district's taxable value of property as determined

9-23     under Subchapter M, Chapter 403, Government Code, divided by 100;

9-24     and]

9-25           ["LR" is the local revenue, which is determined by

9-26     multiplying "DTR" by the quotient of the district's taxable value

9-27     of property as determined under Subchapter M, Chapter 403,

 10-1    Government Code, divided by 100].

 10-2          (b)  The student multipliers are:

 10-3                (1)  1.0 for a student in average daily attendance, not

 10-4    including time the student spends each day in a special education

 10-5    program in an instructional arrangement other than mainstream or in

 10-6    career and technology education programs;

 10-7                (2)  1.1 for a student in a special education program

 10-8    in a mainstream instructional arrangement;

 10-9                (3)  5.0 for a full-time equivalent student in a

10-10    special education program in a homebound instructional arrangement;

10-11                (4)  3.0 for a full-time equivalent student in a

10-12    special education program in a hospital class instructional

10-13    arrangement;

10-14                (5)  5.0 for a full-time equivalent student in a

10-15    special education program in a speech therapy instructional

10-16    arrangement;

10-17                (6)  3.0 for a full-time equivalent student in a

10-18    special education program in  a resource room instructional

10-19    arrangement;

10-20                (7)  3.0 for a full-time equivalent student in a

10-21    special education program in a self-contained, mild and moderate,

10-22    regular campus instructional arrangement;

10-23                (8)  3.0 for a full-time equivalent student in a

10-24    special education program in a self-contained, severe, regular

10-25    campus instructional arrangement;

10-26                (9)  2.7 for a full-time equivalent student in a

10-27    special education program in an off-home campus instructional

 11-1    arrangement;

 11-2                (10)  1.7 for a full-time equivalent student in a

 11-3    special education program in a nonpublic day school;

 11-4                (11)  2.3 for a full-time equivalent student in a

 11-5    special education program vocational adjustment class;

 11-6                (12)  4.0 for a student in a special education program

 11-7    who resides in a residential care and treatment facility, other

 11-8    than a state school, whose parent or guardian does not reside in

 11-9    the district and who receives educational services from a local

11-10    school district;

11-11                (13)  2.8 for a student in a special education program

11-12    who resides in a state school;

11-13                (14)  0.2 for a student who is educationally

11-14    disadvantaged or who is a student who does not have a disability

11-15    and resides in a residential placement facility in a district in

11-16    which the student's parent or guardian does not reside;

11-17                (15)  2.41 for a student who is in a remedial and

11-18    support program under Section 29.081 because the student is

11-19    pregnant;

11-20                (16)  0.1 for a student who is in a bilingual education

11-21    or special language program under Subchapter B, Chapter 29;

11-22                (17)  1.37 for a full-time equivalent student in an

11-23    approved career and technology education program in grades nine

11-24    through 12 or in a career and technology program for students with

11-25    disabilities in grades seven through 12; and

11-26                (18)  0.12 for a student in a program for gifted and

11-27    talented students that the district certifies to the commissioner

 12-1    as complying with Subchapter D, Chapter 29.

 12-2          (c)  The sum of the guaranteed yield amounts for each

 12-3    educational program allocated to the district constitute the

 12-4    district's basic program.

 12-5          (d)  In this section:

 12-6                (1)  "Career and technology education program" means a

 12-7    program under Subchapter F, Chapter 29.

 12-8                (2)  "Full-time equivalent student" means 30 hours of

 12-9    contact a week between a student and program personnel.

12-10                (3)  "Special education program" means a program under

12-11    Subchapter A, Chapter 29 [In computing the district enrichment and

12-12    facilities  tax rate of a school district, the total amount of

12-13    taxes collected by the school district does not include the amount

12-14    of:]

12-15                [(1)  the district's local fund assignment under

12-16    Section 42.252; or]

12-17                [(2)  taxes collected to pay the local share of the

12-18    cost of an instructional facility for which the district receives

12-19    state assistance under Subchapter H].

12-20          Sec. 42.102 [42.303].  LIMITATION ON MAINTENANCE AND

12-21    OPERATIONS [ENRICHMENT AND FACILITIES] TAX RATE.  The district

12-22    maintenance and operations [enrichment and facilities] tax rate

12-23    ("DTR") under Section 42.101 [42.302] may not exceed 70 cents

12-24    [$0.64] per $100 of valuation[, or a greater amount adopted by the

12-25    foundation school fund budget committee under Section 42.256(d)].

12-26          [Sec. 42.101.  BASIC ALLOTMENT.  For each student in average

12-27    daily attendance, not including the time students spend each day in

 13-1    special education programs in an instructional arrangement other

 13-2    than mainstream or career and technology education programs, for

 13-3    which an additional allotment is made under Subchapter C, a

 13-4    district is entitled to an allotment of $2,387 or a greater amount

 13-5    adopted by the foundation school fund budget committee under

 13-6    Section 42.256. A greater amount for any school year may be

 13-7    provided by appropriation.]

 13-8          Sec. 42.103 [42.102].  COST OF EDUCATION ADJUSTMENT.

 13-9    (a)  The basic program [allotment] for each district is adjusted to

13-10    reflect the geographic variation in known resource costs and costs

13-11    of education due to factors beyond the control of the school

13-12    district.

13-13          (b)  The [foundation school fund budget committee shall

13-14    determine the] cost of education adjustment is determined by the

13-15    following  formula:

13-16    CEA = ((CEI - 1) X .58) + 1

13-17    where:

13-18          "CEA" is the cost of education adjustment; and

13-19          "CEI" is the cost of education index adjustment adopted by

13-20    the foundation school fund budget committee and contained in

13-21    Chapter 203, Title 19, Texas Administrative Code, as that chapter

13-22    existed on January 1, 1997 [under Section 42.256].

13-23          [(c)  Beginning with the 1996-1997 school year, the

13-24    commissioner shall recompute the cost of education index, excluding

13-25    from the computation the calculation for the diseconomies of scale

13-26    component and substituting a value of 1.00.]

13-27          Sec. 42.104 [42.103].  SMALL AND MID-SIZED DISTRICT

 14-1    ADJUSTMENT.  (a)  The basic program [allotment] for certain small

 14-2    and mid-sized districts is adjusted in accordance with this

 14-3    section.  In this section:

 14-4                (1)  "AP" ["AA"] is the district's adjusted program

 14-5    [allotment per student];

 14-6                (2)  "ADA" is the number of students in average daily

 14-7    attendance for which the district is entitled to state funds [an

 14-8    allotment] under Section 42.101; and

 14-9                (3)  "ABP" ["ABA"] is the adjusted basic program

14-10    [allotment] determined under Section 42.103 [42.102].

14-11          (b)  The basic program [allotment] of a school district that

14-12    contains at least 300 square miles and has not more than 1,600

14-13    students in average daily attendance is adjusted by applying the

14-14    formula:

14-15    AP [AA] = (1 + ((1,600 - ADA) X .0004)) X ABP [ABA]

14-16          (c)  The basic program [allotment] of a school district that

14-17    contains less than 300 square  miles and has not more than 1,600

14-18    students in average daily attendance is adjusted by applying the

14-19    formula:

14-20    AP [AA] = (1 + ((1,600 - ADA) X .00025)) X ABP [ABA]

14-21          (d)  The basic program [allotment] of a school district that

14-22    offers a kindergarten through  grade 12 program and has less than

14-23    5,000 students in average daily attendance is adjusted by applying

14-24    the formula, of the following formulas, that results in the

14-25    greatest adjusted allotment:

14-26                (1)  the formula in Subsection (b) or (c) for which the

14-27    district is eligible;

 15-1                (2)  AP [AA] = 1 X ABP [ABA]; or

 15-2                (3)  depending on the school year:

 15-3                      (A)  [for the 1996-1997 school year,]

 15-4               [AA = (1 + ((5,000 - ADA) X .0000045)) X ABA;]

 15-5                      [(B)]  for the 1997-1998 school year,

 15-6          AP [AA] = (1 + ((5,000 - ADA) X .0000090)) X ABP [ABA];

 15-7                      (B) [(C)]  for the 1998-1999 school year,

 15-8          AP [AA] = (1 + ((5,000 - ADA) X .000015)) X ABP [ABA];

 15-9                      (C) [(D)]  for the 1999-2000 school year,

15-10          AP [AA] = (1 + ((5,000 - ADA) X .000020)) X ABP [ABA];

15-11                      (D) [(E)]  for the 2000-2001 school year,

15-12          AP [AA] = (1 + ((5,000 - ADA) X .000025)) X ABP [ABA]. 

15-13          [(e)  The commissioner may make the adjustment authorized by

15-14    Subsection (d)(3) only if the district's wealth per student does

15-15    not exceed the equalized wealth level under Section 41.002.  For

15-16    purposes of this subsection, a district's wealth per student is

15-17    determined in the manner provided by Section 41.001, except that

15-18    the adjustment provided by Subsection (d)(3) is not used in

15-19    computing the number of students in weighted average daily

15-20    attendance.]

15-21          [Sec. 42.104.  USE OF SMALL OR MID-SIZED DISTRICT ADJUSTMENT

15-22    IN CALCULATING SPECIAL ALLOTMENTS.  In determining the amount of a

15-23    special allotment under Subchapter C for a district to which

15-24    Section 42.103 applies, a district's adjusted basic allotment is

15-25    considered to be the district's adjusted allotment determined under

15-26    Section 42.103.]

15-27          Sec. 42.105.  SPARSITY ADJUSTMENT.  Notwithstanding Sections

 16-1    42.101, [42.102, and] 42.103, and 42.104, a school district that

 16-2    has fewer than 130 students in average daily attendance shall be

 16-3    provided an adjusted basic program [allotment] on the basis of 130

 16-4    students in average daily attendance if it offers a kindergarten

 16-5    through grade 12 program and has preceding or current year's

 16-6    average daily attendance of at least 90 students or is 30 miles or

 16-7    more by bus route from the nearest high school district.  A

 16-8    district offering a kindergarten through grade 8 program whose

 16-9    preceding or current year's average daily attendance was at least

16-10    50 students or which is 30 miles or more by bus route from the

16-11    nearest high school district shall be provided an adjusted basic

16-12    program [allotment] on the basis of 75 students in average daily

16-13    attendance.  An average daily attendance of 60 students shall be

16-14    the basis of providing the adjusted basic program [allotment] if a

16-15    district offers a kindergarten through grade 6 program and has

16-16    preceding or current year's average daily attendance of at least 40

16-17    students or is 30 miles or more by bus route from the nearest high

16-18    school district.

16-19          Sec. 42.106 [42.304].  COMPUTATION OF AID FOR CERTAIN

16-20    DISTRICTS [DISTRICT ON MILITARY RESERVATION] OR AT STATE SCHOOL.

16-21    State assistance under this chapter [subchapter] for a school

16-22    district located on a federal military installation or at Moody

16-23    State School or for the South Texas Independent School District or

16-24    the Boys Ranch Independent School District is computed using the

16-25    average maintenance and operations tax rate [and property value per

16-26    student] of school districts in the county, as determined by the

16-27    commissioner.

 17-1         (Sections 42.107 [42.106]-42.150 reserved for expansion)

 17-2         SUBCHAPTER C.  CONDITIONS APPLICABLE TO FUNDING BASED ON

 17-3             SPECIAL STUDENT MULTIPLIERS [SPECIAL ALLOTMENTS]

 17-4          Sec. 42.151.  SPECIAL EDUCATION PROGRAMS.  (a)  [For each

 17-5    student in average daily attendance in a special education program

 17-6    under Subchapter A, Chapter 29, in a mainstream instructional

 17-7    arrangement, a school district is entitled to an annual allotment

 17-8    equal to the adjusted basic allotment multiplied by 1.1.  For each

 17-9    full-time equivalent student in average daily attendance in a

17-10    special education program under Subchapter A, Chapter 29, in an

17-11    instructional arrangement other than a mainstream instructional

17-12    arrangement, a district is entitled to an annual allotment equal to

17-13    the adjusted basic allotment multiplied by a weight determined

17-14    according to instructional arrangement as follows:]

17-15          [Homebound ........................................ 5.0]

17-16          [Hospital class ................................... 3.0]

17-17          [Speech therapy ................................... 5.0]

17-18          [Resource room .................................... 3.0]

17-19          [Self-contained,   mild   and   moderate,   regular

17-20          campus ............................................ 3.0]

17-21          [Self-contained, severe, regular campus ........... 3.0]

17-22          [Off home campus .................................. 2.7]

17-23          [Nonpublic day school ............................. 1.7]

17-24          [Vocational adjustment class ...................... 2.3]

17-25          [(b)  A special instructional arrangement for students with

17-26    disabilities residing in care and treatment facilities, other than

17-27    state schools, whose parents or guardians do not reside in the

 18-1    district providing education services shall be established under

 18-2    the rules of the State Board of Education.  The funding weight for

 18-3    this arrangement shall be 4.0 for those students who receive their

 18-4    education service on a local school district campus.  A special

 18-5    instructional arrangement for students with disabilities residing

 18-6    in state schools shall be established under the rules of the State

 18-7    Board of Education with a funding weight of 2.8.]

 18-8          [(c)]  For funding purposes, the number of contact hours

 18-9    credited per day for each student in the off home campus

18-10    instructional arrangement may not exceed the contact hours credited

18-11    per day for the multidistrict class instructional arrangement in

18-12    the 1992-1993 school year.

18-13          (b) [(d)]  For funding purposes, the number of contact hours

18-14    credited per day for each student in the resource room;

18-15    self-contained, mild and moderate; and self-contained, severe,

18-16    instructional arrangements may not exceed the average of the

18-17    statewide total contact hours credited per day for those three

18-18    instructional arrangements in the 1992-1993 school year.

18-19          (c) [(e)]  The commissioner [State Board of Education] by

18-20    rule shall prescribe the qualifications an instructional

18-21    arrangement must meet in order to be funded as a particular

18-22    instructional arrangement under this chapter [section].  In

18-23    prescribing the qualifications that a mainstream instructional

18-24    arrangement must meet, the commissioner [board] shall establish

18-25    requirements that students with disabilities and their teachers

18-26    receive the direct, indirect, and support services that are

18-27    necessary to enrich the regular classroom and enable student

 19-1    success.

 19-2          (d) [(f)  In this section, "full-time equivalent student"

 19-3    means 30 hours of contact a week between a special education

 19-4    student and special education program personnel.]

 19-5          [(g)]  The commissioner [State Board of Education] shall

 19-6    adopt rules and procedures governing contracts for residential

 19-7    placement of  special education students.  The legislature shall

 19-8    provide by appropriation for the state's share of the costs of

 19-9    those placements.

19-10          (e) [(h)]  Funds allocated under this chapter for special

19-11    education programs [section], other than an indirect cost allotment

19-12    established under rules adopted by the commissioner [State Board of

19-13    Education rule], must be used in the special education program

19-14    under Subchapter A, Chapter 29.

19-15          (f) [(i)]  The agency shall encourage the placement of

19-16    students in special education programs, including students in

19-17    residential instructional arrangements, in the least restrictive

19-18    environment appropriate for their educational needs.

19-19          (g) [(j)]  A school district that maintains for two

19-20    successive years a ratio of full-time equivalent students placed in

19-21    partially or totally self-contained classrooms to the number of

19-22    full-time equivalent students placed in resource room or mainstream

19-23    instructional arrangements that is 25 percent higher than the

19-24    statewide average ratio shall be reviewed by the agency to

19-25    determine the appropriateness of student placement.  The

19-26    commissioner may reduce the guaranteed yield amounts for special

19-27    education [allotment the district receives] to the level to which

 20-1    the district would be entitled if the district's ratio was not more

 20-2    than 25 percent higher than the statewide average ratio.

 20-3          (h) [(k)]  A school district that provides an extended year

 20-4    program required by federal law for special education students  who

 20-5    may regress is entitled to receive funds in an amount equal to 75

 20-6    percent, or a lesser percentage determined by the commissioner, of

 20-7    the dollar amount guaranteed level of state and local funds per

 20-8    student per cent of tax effort [adjusted basic allotment or

 20-9    adjusted allotment, as applicable], for each full-time equivalent

20-10    student in average daily attendance, multiplied by the amount

20-11    designated for the student's instructional arrangement under

20-12    Section 42.101(b) [this section], for each day the program is

20-13    provided divided by the number of days in the minimum school year.

20-14    For purposes of this subsection, the dollar amount guaranteed level

20-15    of state and local funds per student per cent of tax effort is

20-16    adjusted in the same manner as a district's basic program under

20-17    Sections 42.103 and 42.104.  The total amount of state funding for

20-18    extended year services under this section may not exceed $10

20-19    million per year.  A school district may use funds received under

20-20    this section only in providing an extended year program.

20-21          [(l)  From the total amount of funds appropriated for special

20-22    education under this section, the commissioner shall withhold an

20-23    amount specified in the General Appropriations Act, and distribute

20-24    that amount to school districts for programs under Section 29.014.

20-25    The program established under that section is required only in

20-26    school districts in which the program is financed by funds

20-27    distributed under this subsection and any other funds available for

 21-1    the program.  After deducting the amount withheld under this

 21-2    subsection from the total amount appropriated for special

 21-3    education, the commissioner shall reduce each district's allotment

 21-4    proportionately and shall allocate funds to each district

 21-5    accordingly.]

 21-6          Sec. 42.152.  COMPENSATORY EDUCATION PROGRAMS [ALLOTMENT].

 21-7    (a)  [For each student who is educationally disadvantaged or  who

 21-8    is a student who does not have a disability and resides in a

 21-9    residential placement facility in a district in which the student's

21-10    parent or legal guardian does not reside, a district is entitled to

21-11    an annual allotment equal to the adjusted basic allotment

21-12    multiplied by 0.2, and by 2.41 for each full-time equivalent

21-13    student who is in a remedial and support program under Section

21-14    29.081 because the student is pregnant.]

21-15          [(b)]  For purposes of Section 42.101 [this section], the

21-16    number of educationally disadvantaged students is  determined by

21-17    averaging the best six months' enrollment in the national school

21-18    lunch program of free or reduced-price lunches for the preceding

21-19    school year.

21-20          (b) [(c)]  Funds allocated under this chapter for

21-21    compensatory education programs [section], other than an indirect

21-22    cost allotment established under rules adopted by the commissioner

21-23    [State Board of Education rule, which may not exceed 15 percent],

21-24    must be used in providing compensatory education and accelerated

21-25    instruction programs under Section 29.081 and may only be spent to

21-26    improve and enhance programs and services funded under the regular

21-27    education program.  A[, and the] district must account for the

 22-1    expenditure of [state] funds allocated under this chapter for

 22-2    compensatory education programs by program and by campus under

 22-3    existing agency reporting and auditing procedures.  [Funds

 22-4    allocated under this section, other than the indirect cost

 22-5    allotment, shall only be expended to improve and enhance programs

 22-6    and services funded under the regular education program.]  A

 22-7    home-rule school district or an open-enrollment charter school must

 22-8    use funds allocated under this chapter for compensatory education

 22-9    programs [Subsection (a)] to provide compensatory services but is

22-10    not otherwise subject to Subchapter C, Chapter 29.

22-11          (c) [(d)]  The agency shall evaluate the effectiveness of

22-12    accelerated instruction and support programs provided under Section

22-13    29.081 for students at risk of dropping out of school.

22-14          [(e)  The commissioner may:]

22-15                [(1)  retain a portion of the total amount allotted

22-16    under Subsection (a)  that the commissioner considers appropriate

22-17    to finance intensive accelerated instruction programs and study

22-18    guides provided under Sections 39.024(b) and (c); and]

22-19                [(2)  reduce each district's tier one allotments in the

22-20    same manner described for a reduction in allotments under Section

22-21    42.253.]

22-22          [(f)  From the total amount of funds appropriated for

22-23    allotments under this section, the commissioner shall, each fiscal

22-24    year, withhold an amount to be determined by the commissioner, but

22-25    not less than $10,000,000, and distribute that amount for programs

22-26    under Section 29.085.  In distributing those funds, preference

22-27    shall be given to a school district that received funds for a

 23-1    program under Section 29.085 for the preceding school year.  The

 23-2    program established under that section is required only in school

 23-3    districts in which the program is financed by funds distributed

 23-4    under this section and any other funds available for the program.]

 23-5          [(g)  The commissioner shall coordinate the funds withheld

 23-6    under Subsection (f) and any other funds available for the program

 23-7    and shall distribute those funds.  To receive funds for the

 23-8    program, a school district must apply to the commissioner.  The

 23-9    commissioner shall give a preference to the districts that apply

23-10    that have the highest concentration of students who are pregnant or

23-11    who are parents.]

23-12          [(h)  After deducting the amount withheld under Subsection

23-13    (f) from the total amount appropriated for the allotment under

23-14    Subsection (a), the commissioner shall reduce each district's tier

23-15    one allotments in the same manner described for a reduction in

23-16    allotments under Section 42.253 and shall allocate funds to each

23-17    district accordingly.]

23-18          [(i)  From the total amount of funds appropriated for

23-19    allotments under this section, the commissioner shall, each fiscal

23-20    year, withhold $7,500,000 or a greater amount as determined in the

23-21    General Appropriations Act and distribute that amount for programs

23-22    under Subchapter A, Chapter 33.  A program established under that

23-23    subchapter is required only in school districts in which the

23-24    program is financed by funds distributed under this section or

23-25    other funds distributed by the commissioner for a program under

23-26    that subchapter.  In distributing those funds, preference shall be

23-27    given to a school district that received funds for a program under

 24-1    this subsection for the preceding school year.]

 24-2          [(j)  The commissioner shall coordinate the funds withheld

 24-3    under Subsection (i) and any other funds available for the program

 24-4    and shall distribute those funds.  To receive funds for the

 24-5    program, a school district must apply to the commissioner.  The

 24-6    commissioner shall give a preference to the districts that apply

 24-7    that have the highest concentration of at-risk students.  For each

 24-8    school year that a school district receives funds under this

 24-9    section, the district shall allocate an amount of local funds for

24-10    school guidance and counseling programs that is equal to or greater

24-11    than the amount of local funds that the school district allocated

24-12    for that purpose during the preceding school year.]

24-13          [(k)  After deducting the amount withheld under Subsection

24-14    (i) from the total amount appropriated for the allotment under

24-15    Subsection (a), the commissioner shall reduce each district's tier

24-16    one allotments in the same manner described for a reduction in

24-17    allotments under Section 42.253.]

24-18          [(l)  From the total amount of funds appropriated for

24-19    allotments under this section, the commissioner shall, each fiscal

24-20    year, withhold the amount of $2.5 million for transfer to the

24-21    investment capital fund under Section 7.024.]

24-22          [(m)  From the total amount of funds appropriated for

24-23    allotments under this section, the commissioner may withhold an

24-24    amount not exceeding $1 million each fiscal year and distribute the

24-25    funds to school districts that incur unanticipated expenditures

24-26    resulting from a significant increase in the enrollment of students

24-27    who do not have disabilities and who reside in residential

 25-1    placement facilities.]

 25-2          [(n)  After deducting the amount withheld under Subsection

 25-3    (l) from the total amount appropriated for the allotment under

 25-4    Subsection (a), the commissioner shall reduce each district's

 25-5    allotment under Subsection (a)  proportionately and shall allocate

 25-6    funds to each district accordingly.]

 25-7          [(o)  After deducting the amount withheld under Subsection

 25-8    (m) from the total amount appropriated for the allotment under

 25-9    Subsection (a), the commissioner shall reduce each district's

25-10    allotment under Subsection (a)  proportionately.]

25-11          [(p)  The commissioner shall:]

25-12                [(1)  withhold, from the total amount of funds

25-13    appropriated for allotments under this section, an amount

25-14    sufficient to finance extended year programs under Section 29.082

25-15    not to exceed five percent of the amounts allocated under this

25-16    section; and]

25-17                [(2)  give priority to applications for extended year

25-18    programs to districts with high concentrations of educationally

25-19    disadvantaged students.]

25-20          Sec. 42.153.  BILINGUAL EDUCATION PROGRAMS [ALLOTMENT].

25-21    (a)  [For each student in average daily attendance in a bilingual

25-22    education or special language program under Subchapter B, Chapter

25-23    29, a district is entitled to an annual allotment equal to the

25-24    adjusted basic allotment multiplied by 0.1.]

25-25          [(b)]  Funds allocated under this chapter for bilingual

25-26    education programs [section], other than an indirect cost allotment

25-27    established under rules adopted by the commissioner [State Board of

 26-1    Education rule], must be used in providing bilingual education or

 26-2    special language programs under Subchapter B, Chapter 29, and must

 26-3    be accounted for under existing agency reporting and auditing

 26-4    procedures.

 26-5          (b) [(c)]  A district's bilingual education or special

 26-6    language allocation may be used only for program and student

 26-7    evaluation, instructional materials and equipment, staff

 26-8    development, supplemental staff expenses, salary supplements for

 26-9    teachers, and other supplies required for quality instruction and

26-10    smaller class size.

26-11          Sec. 42.154.  CAREER AND TECHNOLOGY EDUCATION [ALLOTMENT].

26-12    [(a)  For each full-time equivalent student in  average daily

26-13    attendance in an approved career and technology education program

26-14    in grades nine through 12 or in career and technology education

26-15    programs for students with disabilities in grades seven through 12,

26-16    a district is entitled to an annual allotment equal to the adjusted

26-17    basic allotment multiplied by a weight of 1.37.]

26-18          [(b)  In this section, "full-time equivalent student" means

26-19    30 hours of contact a week between a student and career and

26-20    technology education program personnel.]

26-21          [(c)]  Funds allocated under this chapter for career and

26-22    technology education [section], other than an indirect cost

26-23    allotment established under rules adopted by the commissioner

26-24    [State Board of Education rule], must be used in providing career

26-25    and technology education programs in grades nine through 12 or

26-26    career and technology education programs for students with

26-27    disabilities in grades seven through 12 under Sections 29.182,

 27-1    29.183, and 29.184.

 27-2          [(d)  The commissioner shall conduct a cost-benefit

 27-3    comparison between career and technology education programs and

 27-4    mathematics and science programs.]

 27-5          [(e)  Out of the total statewide allotment for career and

 27-6    technology education under this section, the commissioner shall set

 27-7    aside an amount specified in the General Appropriations Act, which

 27-8    may not exceed an amount equal to one percent of the total amount

 27-9    appropriated, to support regional career and technology education

27-10    planning.  After deducting the amount set aside under this

27-11    subsection from the total amount appropriated for career and

27-12    technology education under this section, the commissioner shall

27-13    reduce each district's tier one allotments in the same manner

27-14    described for a reduction in allotments under Section 42.253.]

27-15          Sec. 42.155 [42.156].  GIFTED AND TALENTED STUDENT PROGRAMS

27-16    [ALLOTMENT].  (a)  [For each identified student a school district

27-17    serves in a program for gifted and talented students that the

27-18    district certifies to the commissioner as complying with Subchapter

27-19    D, Chapter 29, a district is entitled to an annual allotment equal

27-20    to the district's adjusted basic allotment as determined under

27-21    Section 42.102 or Section 42.103, as applicable, multiplied by .12

27-22    for each school year or a greater amount provided by appropriation.]

27-23          [(b)]  Funds allocated under this chapter for gifted and

27-24    talented student programs [section], other than the amount that

27-25    represents the program's share of general administrative costs,

27-26    must be used in providing programs for gifted and talented students

27-27    under Subchapter D, Chapter 29, including programs sanctioned by

 28-1    International Baccalaureate and Advanced Placement, or in

 28-2    developing programs for gifted and talented students.  Each

 28-3    district must account for the expenditure of state funds as

 28-4    provided by rules adopted by the commissioner [rule of the State

 28-5    Board of  Education].  If by the end of the 12th month after

 28-6    receiving an allotment for developing a program a district has

 28-7    failed to implement a program, the district must refund the amount

 28-8    of the allotment to the agency within 30 days.

 28-9          (b) [(c)]  Not more than five percent of a district's

28-10    students in average daily attendance are eligible for funding under

28-11    this chapter for attendance in a gifted and talented program

28-12    [section].

28-13          [(d)  If the amount of state funds for which school districts

28-14    are eligible under this section exceeds the amount of state funds

28-15    appropriated in any year for the programs, the commissioner shall

28-16    reduce each district's tier one allotments in the same manner

28-17    described for a reduction in allotments under Section 42.253.]

28-18          [(e)  If the total amount of funds allotted under this

28-19    section before a date set by rule of the State Board of Education

28-20    is less than the total amount appropriated for a school year, the

28-21    commissioner shall transfer the remainder to any program for which

28-22    an allotment under Section 42.152 may be used.]

28-23          [(f)  After each district has received allotted funds for

28-24    this program, the State Board of Education may use up to $500,000

28-25    of the funds allocated under this section for programs such as

28-26    MATHCOUNTS, Future Problem Solving, Odyssey of the Mind, and

28-27    Academic Decathlon, as long as these funds are used to train

 29-1    personnel and provide program services.  To be eligible for funding

 29-2    under this subsection, a program must be determined by the State

 29-3    Board of Education to provide services that are effective and

 29-4    consistent with the state plan for gifted and talented education.]

 29-5         (Sections 42.156 [42.157]-42.200 reserved for expansion)

 29-6                  SUBCHAPTER D.  TRANSPORTATION ALLOTMENT

 29-7          Sec. 42.201 [42.155].  TRANSPORTATION ALLOTMENT.  [(a)]  Each

 29-8    district or county operating a transportation system is entitled to

 29-9    allotments for transportation costs as provided by this subchapter

29-10    [section].

29-11          Sec. 42.202.  DEFINITIONS.  In [(b)  As used in] this

29-12    subchapter [section]:

29-13                (1)  "Regular eligible student" means a student who

29-14    resides two or more miles from the student's campus of regular

29-15    attendance, measured along the shortest route that may be traveled

29-16    on public roads, and who is not classified as a student eligible

29-17    for special education services.

29-18                (2)  "Eligible special education student" means a

29-19    student who is eligible for special education services under

29-20    Section 29.003 and who would be unable to attend classes without

29-21    special transportation services.

29-22                (3)  "Linear density" means the average number of

29-23    regular eligible students transported daily, divided by the

29-24    approved daily route miles traveled by the respective

29-25    transportation system.

29-26          Sec. 42.203.  REGULAR TRANSPORTATION ALLOTMENT.

29-27    (a) [(c)]  Each district or county operating a regular

 30-1    transportation system is entitled to an allotment based on the

 30-2    daily cost per regular eligible student of operating and

 30-3    maintaining the regular transportation system and the linear

 30-4    density of that system.

 30-5          (b)  In determining the cost, the commissioner shall give

 30-6    consideration to factors affecting the actual cost of providing

 30-7    these transportation services in each district or county.  The

 30-8    average actual cost is to be computed by the commissioner and

 30-9    included for consideration by [the foundation school fund budget

30-10    committee and] the legislature in the General Appropriations Act.

30-11          (c)  The allotment per mile of approved route may not exceed

30-12    the amount set by appropriation.

30-13          Sec. 42.204.  HAZARDOUS CONDITIONS TRANSPORTATION ALLOTMENT.

30-14    (a) [(d)]  A district or county may apply for and on approval of

30-15    the commissioner receive an additional amount of up to 10 percent

30-16    of its regular transportation allotment to be used for the

30-17    transportation of children living within two miles of the school

30-18    they attend who would be subject to hazardous traffic conditions if

30-19    they walked to school.

30-20          (b)  Each board of trustees shall provide to the commissioner

30-21    the definition of hazardous conditions applicable to that district

30-22    and shall identify the specific hazardous areas for which the

30-23    allocation is requested.  A hazardous condition exists where no

30-24    walkway is provided and children must walk along or cross a freeway

30-25    or expressway, an underpass, an overpass or a bridge, an

30-26    uncontrolled major traffic artery, an industrial or commercial

30-27    area, or another comparable condition.

 31-1          Sec. 42.205.  COMMERCIAL TRANSPORTATION ALLOTMENT.

 31-2    (a) [(e)]  The commissioner may grant an amount set by

 31-3    appropriation for private or commercial transportation for eligible

 31-4    students from isolated areas.  The need for this type of

 31-5    transportation grant shall be determined on an individual basis and

 31-6    the amount granted shall not exceed the actual cost.

 31-7          (b)  The grants may be made only in extreme hardship cases.

 31-8    A grant may not be made if the students live within two miles of an

 31-9    approved school bus route.

31-10          Sec. 42.206.  TRANSPORTATION OF CAREER AND TECHNOLOGY

31-11    EDUCATION STUDENTS.  [(f)]  The cost of transporting career and

31-12    technology education students from one campus to another inside a

31-13    district or from a sending district to another secondary public

31-14    school for a career and technology program or an area career and

31-15    technology school or to an approved post-secondary institution

31-16    under a contract for instruction approved by the agency shall be

31-17    reimbursed based on the number of actual miles traveled times the

31-18    district's official extracurricular travel per mile rate as set by

31-19    the board of trustees and approved by the agency.

31-20          Sec. 42.207.  TRANSPORTATION OF SPECIAL EDUCATION STUDENTS.

31-21    (a) [(g)]  A school district or county that provides special

31-22    transportation services for eligible special education students is

31-23    entitled to a state allocation paid on a previous year's

31-24    cost-per-mile basis.  The maximum rate per mile allowable shall be

31-25    set by appropriation based on data gathered from the first year of

31-26    each preceding biennium.

31-27          (b)  Districts may use a portion of their support allocation

 32-1    to pay transportation costs, if necessary.  The commissioner may

 32-2    grant an amount set by appropriation for private transportation to

 32-3    reimburse parents or their agents for transporting eligible special

 32-4    education students.  The mileage allowed shall be computed along

 32-5    the shortest public road from the student's home to school and

 32-6    back, morning and afternoon.  The need for this type transportation

 32-7    shall be determined on an individual basis and shall be approved

 32-8    only in extreme hardship cases.

 32-9          Sec. 42.208.  USE OF TRANSPORTATION ALLOTMENTS.  [(h)]  Funds

32-10    allotted under this subchapter [section] must be used in providing

32-11    transportation services.

32-12          Sec. 42.209.  DETERMINATION OF TRANSPORTATION ALLOTMENTS OF

32-13    DISTRICT BELONGING TO COUNTY TRANSPORTATION SYSTEM.  [(i)]  In the

32-14    case of a district belonging to a county transportation system, the

32-15    district's transportation allotment for purposes of determining a

32-16    district's foundation school program allocations is determined on

32-17    the basis of the number of approved daily route miles in the

32-18    district multiplied by the allotment per mile to which the county

32-19    transportation system is entitled.

32-20          Sec. 42.210.  TRANSPORTATION ALLOTMENT FOR TEXAS SCHOOL FOR

32-21    THE DEAF.  [(j)]  The Texas School for the Deaf is entitled to an

32-22    allotment under this subchapter [section].  The commissioner shall

32-23    determine the appropriate allotment.

32-24         (Sections 42.211 [42.202]-42.250 reserved for expansion)

32-25                   SUBCHAPTER E.  FINANCING THE PROGRAM

32-26          Sec. 42.251.  FINANCING; GENERAL RULE.  (a)  The sum of the

32-27    adjusted basic program [allotment] under Subchapter B and the

 33-1    transportation allotment [special allotments] under Subchapter D

 33-2    [C], computed in accordance with this chapter, [constitute the tier

 33-3    one allotments.  The sum of the tier one allotments, the guaranteed

 33-4    yield allotments under Subchapter F, and assistance provided under

 33-5    the school facilities assistance program under Subchapter H,

 33-6    computed in accordance with this chapter,] constitute the total

 33-7    cost of the Foundation School Program.

 33-8          (b)  The program shall be financed by:

 33-9                (1)  ad valorem tax revenue generated by an equalized

33-10    [uniform] school district effort;

33-11                (2)  [ad valorem tax revenue generated by local school

33-12    district effort in excess of the equalized uniform school district

33-13    effort;]

33-14                [(3)]  state available school funds distributed in

33-15    accordance with law; and

33-16                (3) [(4)]  state funds appropriated for the purposes of

33-17    public school education and allocated to each district in an amount

33-18    sufficient to finance the cost of each district's Foundation School

33-19    Program not covered by other funds specified in this subsection.

33-20          [(c)  The commissioner shall compute for each school district

33-21    the total amount, if any, by which the district's total revenue is

33-22    reduced from one school year to the next because of a change in the

33-23    method of finance under this chapter.  The commissioner shall

33-24    certify the amount of the reduction to the school district for use

33-25    in determining the school district's rollback rate under Section

33-26    26.08, Tax Code.]

33-27          Sec. 42.252.  LOCAL SHARE OF PROGRAM COST [(TIER ONE)].

 34-1    (a)  Each school district's share of the Foundation School Program

 34-2    is determined by the following formula:

 34-3                         LS [LFA] = DTR [TR] X DPV

 34-4    where:

 34-5          "LS" ["LFA"] is the school district's local share;

 34-6          "DTR" ["TR"] is the district's [a] tax rate for maintenance

 34-7    and operations used in computing the district's basic program under

 34-8    Section 42.101 [which for each hundred dollars of valuation is an

 34-9    effective tax rate of $0.86]; and

34-10          "DPV" is the taxable value of property in the school district

34-11    for the current [preceding] tax year for purposes of maintenance

34-12    and operations taxes determined under Section 403.302(d)

34-13    [Subchapter M, Chapter 403], Government Code.

34-14          (b)  The commissioner shall adjust the values reported in the

34-15    official report of the comptroller as required by Section 5.09(a),

34-16    Tax Code, to reflect reductions in taxable value of property

34-17    resulting from natural or economic disaster after January 1 in the

34-18    year in which the valuations are determined.  The decision of the

34-19    commissioner is final.  An adjustment does not affect the local

34-20    share [fund assignment] of any other school district.

34-21          (c)  Appeals of district values shall be held pursuant to

34-22    Section 403.303, Government Code.

34-23          [(d)  A school district must raise its total local share of

34-24    the Foundation School Program to be eligible to receive foundation

34-25    school fund payments.]

34-26          [(e)  The commissioner shall hear appeals from school

34-27    districts that have experienced a rapid decline in tax base used in

 35-1    calculating the local fund assignment, exceeding four percent of

 35-2    the preceding year, that is beyond the control of the board of

 35-3    trustees of the district.  The commissioner may adjust the

 35-4    district's taxable values for local fund assignment purposes for

 35-5    such losses in value exceeding four percent and thereby adjust the

 35-6    local fund assignment to reflect the local current year taxable

 35-7    value.  The decision of the commissioner is final.  An adjustment

 35-8    does not affect the local fund assignment of any other school

 35-9    district.  This subsection applies to determinations by the

35-10    commissioner in identifying districts with wealth per student

35-11    exceeding the equalized wealth level pursuant to Section 41.004.]

35-12          Sec. 42.253.  DISTRIBUTION OF FOUNDATION SCHOOL FUND.

35-13    (a)  For each school year the commissioner shall determine:

35-14                (1)  the amount of money to which a school district is

35-15    entitled under Subchapters B and D [C];

35-16                (2)  [the amount of money to which a school district is

35-17    entitled under Subchapter F;]

35-18                [(3)]  the amount of money allocated to the district

35-19    from the available school fund; and

35-20                (3) [(4)]  the amount of each district's [tier one]

35-21    local share under Section 42.252[; and]

35-22                [(5)  the amount of each district's tier two local

35-23    share under Section 42.302].

35-24          (b)  Except as provided by this subsection, the commissioner

35-25    shall base the determinations under Subsection (a) on the estimates

35-26    provided to the legislature under Section 42.254, or if the General

35-27    Appropriations Act provides estimates for that purpose, on the

 36-1    estimates provided under that Act, for each school district for

 36-2    each school year.  The commissioner shall reduce the entitlement of

 36-3    each district that has a final taxable value of property for the

 36-4    second year of a state fiscal biennium that is higher than the

 36-5    estimate under Section 42.254 or the General Appropriations Act, as

 36-6    applicable.  A reduction under this subsection may not reduce the

 36-7    district's entitlement below the amount to which it is entitled at

 36-8    its actual taxable value of property.  The sum of the reductions

 36-9    under this subsection may not be greater than the amount necessary

36-10    to fully fund the entitlement of each district.

36-11          (c)  Each school district is entitled to an amount equal to

36-12    the difference for that district between the amount of Subsection

36-13    [sum of Subsections] (a)(1) [and (a)(2)] and the sum of Subsections

36-14    (a)(2) and (a)(3)[, (a)(4), and (a)(5)].

36-15          (d)  The commissioner shall approve warrants to each school

36-16    district equaling the amount of its entitlement except as provided

36-17    by this section.  Warrants for all money expended according to this

36-18    chapter shall be approved and transmitted to treasurers or

36-19    depositories of school districts in the same manner that warrants

36-20    for state payments are transmitted.  The total amount of the

36-21    warrants issued under this section may not exceed the total amount

36-22    appropriated for Foundation School Program purposes for that fiscal

36-23    year.

36-24          (e)  The commissioner shall recompute the amount to which the

36-25    district is entitled under Subsection (c) if a school district's

36-26    tax rate is less than the limit authorized under this subsection.

36-27    The amount to which a district is entitled under this section may

 37-1    not exceed the amount to which the district would be entitled at

 37-2    the district's tax rate for the final year of the preceding

 37-3    biennium, or a different tax rate provided by appropriation.  The

 37-4    commissioner shall recompute the amount to which a district is

 37-5    entitled to the extent necessary under this section.  The

 37-6    commissioner shall approve warrants to the school in the amount

 37-7    that results from the new computation.  An amount equal to the

 37-8    difference between the initial allocation and the amount of the

 37-9    warrants shall be transferred to a special account in the

37-10    foundation school fund known as the reserve account.

37-11          (e-1)  Notwithstanding Subsection (e), the amount to which a

37-12    district is entitled under this section for the 1997-1998 and

37-13    1998-1999 school years may not exceed the amount to which the

37-14    district would be entitled at the maximum tax rate permitted under

37-15    Section 26.08(g)(1) or (2)(A), Tax Code, for the district for the

37-16    1997 tax year.  This subsection expires September 1, 1999.

37-17          (f)  Amounts transferred to the reserve account under

37-18    Subsection (e) shall be used in the succeeding fiscal year to

37-19    finance increases in allocations to school districts under

37-20    Subsection (i).  If the amount in the reserve account is less than

37-21    the amount of the increases under Subsection (i) for the second

37-22    year of a state fiscal biennium, the commissioner shall certify the

37-23    amount of the difference to the Legislative Budget Board

37-24    [foundation school fund budget committee] not later than January 1

37-25    of the second year of the state fiscal biennium.  The Legislative

37-26    Budget Board [committee] shall propose to the legislature that the

37-27    certified amount be transferred to the foundation school fund from

 38-1    the economic stabilization fund and appropriated for the purpose of

 38-2    increases in allocations under Subsection (h).

 38-3          (g)  If a school district demonstrates to the satisfaction of

 38-4    the commissioner that the estimate of the district's tax rate,

 38-5    student enrollment, or taxable value of property used in

 38-6    determining the amount of state funds to which the district is

 38-7    entitled are so inaccurate as to result in undue financial hardship

 38-8    to the district, the commissioner may adjust funding to that

 38-9    district in that school year to the extent that funds are available

38-10    for that year, including funds in the reserve account.  Funds in

38-11    the reserve account may not be used under this subsection until any

38-12    reserve funds have been used for purposes of Subsection (f).

38-13          (h)  If the legislature fails during the regular session to

38-14    enact the transfer and appropriation proposed under Subsection (f)

38-15    and there are not funds available under Subsection (j), the

38-16    commissioner shall reduce the total amount of state funds allocated

38-17    to each district by an amount determined by a method under which

38-18    the application of the same number of cents of increase in tax rate

38-19    in all districts applied to the taxable value of property of each

38-20    district for purposes of maintenance and operations taxes, as

38-21    determined under Section 403.302(d) [Subchapter M, Chapter 403],

38-22    Government Code, results in a total levy equal to the total

38-23    reduction.  The following fiscal year, a district's entitlement

38-24    under this section is increased by an amount equal to the reduction

38-25    made under this subsection.

38-26          (i)  Not later than March 1 each year, the commissioner shall

38-27    determine the actual amount of state funds to which each school

 39-1    district is entitled under the allocation formulas in this chapter

 39-2    for the current school year and shall compare that amount with the

 39-3    amount of the warrants issued to each district for that year.  If

 39-4    the amount of the warrants differs from the amount to which a

 39-5    district is entitled because of variations in the district's tax

 39-6    rate, student enrollment, or taxable value of property, the

 39-7    commissioner shall adjust the district's entitlement for the next

 39-8    fiscal year accordingly.

 39-9          (j)  The legislature may appropriate funds necessary for

39-10    increases under Subsection (i) from funds that the comptroller, at

39-11    any time during the fiscal year, finds are available.

39-12          (k)  The commissioner shall compute for each school district

39-13    the total amount by which the district's allocation of state funds

39-14    is increased or reduced under Subsection (i) and shall certify that

39-15    amount to the district.

39-16          Sec. 42.2531.  ADDITIONAL STATE AID FOR CERTAIN SCHOOL

39-17    DISTRICTS.  (a)  Notwithstanding any other provision of this

39-18    chapter, a school district that imposes a tax for purposes of

39-19    maintenance and operations at a tax rate of at least 70 cents on

39-20    the $100 valuation of property is entitled, for the 1997-1998 and

39-21    1998-1999 school years, to an amount of state and local funding per

39-22    student, using the student multipliers under Section 42.101(b),

39-23    that is equal to the state and local funding per weighted student

39-24    for maintenance and operations to which the district would have

39-25    been entitled for each of those years at the district's tax rate

39-26    for the 1996 tax year under:

39-27                (1)  this code as it would have been in effect for the

 40-1    appropriate school year before amendment by H.B. No. 4, Acts of the

 40-2    75th Legislature, Regular Session, 1997, except as provided by

 40-3    Subsection (b) or (c); and

 40-4                (2)  the General Appropriations Act.

 40-5          (b)  For purposes of Subsection (a), for the 1998-1999 school

 40-6    year, the amount of state and local funding to which a school

 40-7    district would have been entitled includes any amount to which the

 40-8    district would have been entitled for that year if former Section

 40-9    41.002(e) had been in effect for that year.

40-10          (c)  Notwithstanding Subsection (a), a school district is not

40-11    entitled to additional state aid based on the computation of

40-12    average daily attendance under Section 42.005(a) as that subsection

40-13    would have been in effect on September 1, 1997, before amendment of

40-14    this chapter by H.B. No. 4, Acts of the 75th Legislature, Regular

40-15    Session, 1997.

40-16          (d)  The commissioner shall determine the amount of

40-17    additional state aid to which a district is entitled by subtracting

40-18    the amount to which the district is entitled under Section

40-19    42.253(a)(1) from the amount to which the district is entitled

40-20    under Subsection (a) and shall award that amount to the district.

40-21          (e)  A determination by the commissioner under this section

40-22    is final and not appealable.

40-23          (f)  This section expires September 1, 1999.

40-24          Sec. 42.2532.  EXPERIENCED TEACHER ALLOTMENT.  (a)  A

40-25    district in which the average of the minimum salaries of classroom

40-26    teachers and full-time librarians required under the minimum salary

40-27    schedule provided by Section 21.4011 or 21.402 exceeds the average

 41-1    minimum salary for classroom teachers and full-time librarians in

 41-2    the state multiplied by 1.03 is entitled to an additional allotment

 41-3    computed as provided by Subsection (b).

 41-4          (b)  The amount of the allotment under this section is the

 41-5    difference between the total amount of all minimum salaries of

 41-6    classroom teachers and full-time librarians in the district less an

 41-7    amount equal to the amount those salaries would be if each

 41-8    classroom teacher and full-time librarian in the district were paid

 41-9    a salary equal to the state average minimum salary multiplied by

41-10    1.03.

41-11          (c)  An allotment under this section is payable in the manner

41-12    provided by this chapter for payment of a school district's

41-13    entitlement under the basic program.

41-14          [(l)  In this section, the number of students in weighted

41-15    average daily attendance is calculated in the manner provided by

41-16    Section 42.302.]

41-17          Sec. 42.254.  ESTIMATES REQUIRED.  (a)  Not later than

41-18    October 1 of each even-numbered year:

41-19                (1)  the agency shall submit to [the foundation school

41-20    fund budget committee and] the legislature an estimate of:

41-21                      (A)  the tax rate and student enrollment of each

41-22    school district for the following biennium; and

41-23                      (B)  the expected cost of teacher salaries for

41-24    the following biennium, based on the minimum salary schedule

41-25    provided by Section 21.402 and excluding any projected increase in

41-26    the number of teachers due to growth in student enrollment; and

41-27                (2)  the comptroller shall submit to [the foundation

 42-1    school fund budget committee and] the legislature an estimate of

 42-2    the total taxable value of all property in the state as determined

 42-3    under Subchapter M, Chapter 403, Government Code, for the following

 42-4    biennium.

 42-5          (b)  The agency and the comptroller shall update the

 42-6    information provided to the legislature under Subsection (a)  not

 42-7    later than March 1 of each odd-numbered year.

 42-8          (c)  Not later than September 1 of each year, each school

 42-9    district shall submit to the Legislative Budget Board an estimate

42-10    of:

42-11                (1)  the district's tax rate that will be in effect for

42-12    that fiscal year;

42-13                (2)  the district's student enrollment for that school

42-14    year; and

42-15                (3)  the number of teachers in the district for that

42-16    school year at each step of the minimum salary schedule provided by

42-17    Section 21.402.

42-18          Sec. 42.255.  FALSIFICATION OF RECORDS; REPORT.  When, in the

42-19    opinion of the agency's director of school audits, audits or

42-20    reviews of accounting, enrollment, or other records of a school

42-21    district reveal deliberate falsification of the records, or

42-22    violation of the provisions of this chapter, through which the

42-23    district's share of state funds allocated under the authority of

42-24    this chapter would be, or has been, illegally increased, the

42-25    director shall promptly and fully report the fact to the State

42-26    Board of Education, the state auditor, and the appropriate county

42-27    attorney, district attorney, or criminal district attorney.

 43-1          Sec. 42.256 [42.257].  EFFECT OF APPRAISAL APPEAL.  (a)  If

 43-2    the final determination of an appeal under Chapter 42, Tax Code,

 43-3    results in a reduction in the taxable value of property for

 43-4    purposes of maintenance and operations taxes that exceeds five

 43-5    percent of the total taxable value of property for purposes of

 43-6    maintenance and operations taxes in the school district for the

 43-7    same tax year determined under Section 403.302(d) [Subchapter M,

 43-8    Chapter 403], Government Code, the commissioner shall request the

 43-9    comptroller to adjust the comptroller's [its] taxable property

43-10    value findings for that year consistent with the final

43-11    determination of the appraisal appeal.

43-12          (b)  If the district would have received a greater amount

43-13    from the foundation school fund for the applicable school year

43-14    using the adjusted value, the commissioner shall add the difference

43-15    to subsequent distributions to the district from the foundation

43-16    school fund.  An adjustment does not affect the local share [fund

43-17    assignment] of any other district.

43-18          Sec. 42.257 [42.258].  RECOVERY OF OVERALLOCATED FUNDS.

43-19    (a)  If a school district has received an  overallocation of state

43-20    funds, the agency shall, by withholding from subsequent allocations

43-21    of state funds or by requesting and obtaining a refund, recover

43-22    from the district an amount equal to the overallocation.

43-23          (b)  If a district fails to comply with a request for a

43-24    refund under Subsection (a), the agency shall certify to the

43-25    comptroller that the amount constitutes a debt for purposes of

43-26    Section 403.055, Government Code.  The agency shall provide to the

43-27    comptroller the amount of the overallocation and any other

 44-1    information required by the comptroller.  The comptroller may

 44-2    certify the amount of the debt to the attorney general for

 44-3    collection.

 44-4          (c)  Any amounts recovered under this section shall be

 44-5    deposited in the foundation school fund.

 44-6          Sec. 42.258.  PENALTY FOR FAILURE TO FULLY COLLECT TAXES.

 44-7    (a)  As provided by comptroller's rule, the comptroller shall

 44-8    determine for each school district the amount of taxes for purposes

 44-9    of maintenance and operations that the district would have

44-10    collected during the preceding tax year if:

44-11                (1)  the values of the district's appraisals were the

44-12    same as the values determined under Section 403.302(d), Government

44-13    Code; and

44-14                (2)  the district had collected all the taxes the

44-15    district levied.

44-16          (b)  The comptroller shall certify to the commissioner any

44-17    difference between the amount determined under Subsection (a) and

44-18    the amount of taxes for purposes of maintenance and operations the

44-19    district actually collected for the preceding tax year.

44-20          (c)  The commissioner shall reduce a district's state aid

44-21    under this chapter for the current year by any amount certified

44-22    under Subsection (b).

44-23          (d)  A school district may appeal to the comptroller the

44-24    comptroller's determination under Subsection (a) if the district's

44-25    failure to collect all the taxes the district levied was due to a

44-26    factor beyond the district's control.

44-27          Sec. 42.259.  FOUNDATION SCHOOL FUND TRANSFERS.  (a)  [In

 45-1    this section:]

 45-2                [(1)  "Category 1 school district" means a school

 45-3    district having a wealth per student of less than one-half of the

 45-4    statewide average wealth per student.]

 45-5                [(2)  "Category 2 school district" means a school

 45-6    district having a wealth per student of at least one-half of the

 45-7    statewide average wealth per student but not more than the

 45-8    statewide average wealth per student.]

 45-9                [(3)  "Category 3 school district" means a school

45-10    district having a wealth per student of more than the statewide

45-11    average wealth per student.]

45-12                [(4)  "Wealth per student" means the taxable property

45-13    values reported by the comptroller to the commissioner under

45-14    Section 42.252 divided by the number of students in average daily

45-15    attendance.]

45-16          [(b)]  Payments from the foundation school fund to each

45-17    [category 1] school district shall be made as follows:

45-18                (1)  30 [15] percent of the yearly entitlement of the

45-19    district shall be paid in two equal installments [an installment]

45-20    to be made on or before the 25th day of August and September [of a

45-21    fiscal year]; and

45-22                (2)  70 [80] percent of the yearly entitlement of the

45-23    district shall be paid in 10 [eight] equal installments to be made

45-24    on or before the 25th day of October, November, December, January,

45-25    February, March, April, May, June, and July[; and]

45-26                [(3)  five percent of the yearly entitlement of the

45-27    district shall be paid in an installment to be made on or before

 46-1    the 25th day of February].

 46-2          (b) [(c)  Payments from the foundation school fund to each

 46-3    category 2 school district shall be made as follows:]

 46-4                [(1)  22 percent of the yearly entitlement of the

 46-5    district shall be paid in an installment to be made on or before

 46-6    the 25th day of September of a fiscal year;]

 46-7                [(2)  18 percent of the yearly entitlement of the

 46-8    district shall be paid in an installment to be made on or before

 46-9    the 25th day of October;]

46-10                [(3)  9.5 percent of the yearly entitlement of the

46-11    district shall be paid in an installment to be made on or before

46-12    the 25th day of November;]

46-13                [(4)  7.5 percent of the yearly entitlement of the

46-14    district shall be paid in an installment to be made on or before

46-15    the 25th day of April;]

46-16                [(5)  five percent of the yearly entitlement of the

46-17    district shall be paid in an installment to be made on or before

46-18    the 25th day of May;]

46-19                [(6)  10 percent of the yearly entitlement of the

46-20    district shall be paid in an installment to be made on or before

46-21    the 25th day of June;]

46-22                [(7)  13 percent of the yearly entitlement of the

46-23    district shall be paid in an installment to be made on or before

46-24    the 25th day of July; and]

46-25                [(8)  15 percent of the yearly entitlement of the

46-26    district shall be paid in an installment to be made on or before

46-27    the 25th day of August.]

 47-1          [(d)  Payments from the foundation school fund to each

 47-2    category 3 school district shall be made as follows:]

 47-3                [(1)  45 percent of the yearly entitlement of the

 47-4    district shall be paid in an installment to be made on or before

 47-5    the 25th day of September of a fiscal year;]

 47-6                [(2)  35 percent of the yearly entitlement of the

 47-7    district shall be paid in an installment to be made on or before

 47-8    the 25th day of October; and]

 47-9                [(3)  20 percent of the yearly entitlement of the

47-10    district shall be paid in an installment to be made on or before

47-11    the 25th day of August.]

47-12          [(e)]  The amount of any installment required by this section

47-13    may be modified to provide a school district with the proper amount

47-14    to which the district may be entitled by law and to correct errors

47-15    in the allocation or distribution of funds.  If an installment

47-16    under this section is required to be equal to other installments,

47-17    the amount of other installments may be adjusted to provide for

47-18    that equality.  A payment under this section is not invalid because

47-19    it is not equal to other installments.

47-20          (c) [(f)]  Any previously unpaid additional funds from prior

47-21    years owed to a district shall be paid to the district together

47-22    with the September payment of the current year entitlement.

47-23              (Sections 42.260-42.300 reserved for expansion)

47-24                  SUBCHAPTER F [D].  ADMINISTRATIVE COSTS

47-25          Sec. 42.301 [42.201].  LIMIT ON ADMINISTRATIVE COSTS.

47-26    (a)  The commissioner by rule shall determine annually:

47-27                (1)  an administrative cost ratio for school districts

 48-1    with fewer than 500 students in average daily attendance;

 48-2                (2)  an administrative cost ratio for school districts

 48-3    with 500 to 999 students in average daily attendance;

 48-4                (3)  an administrative cost ratio for school districts

 48-5    with 1,000 to 4,999 students in average daily attendance;

 48-6                (4)  an administrative cost ratio for school districts

 48-7    with 5,000 to 9,999 students in average daily attendance; and

 48-8                (5)  an administrative cost ratio for school districts

 48-9    with more than 10,000 students in average daily attendance.

48-10          (b)  The commissioner may adjust the administrative cost

48-11    ratio of a district to allow for additional administrative costs

48-12    required by:

48-13                (1)  the sparsity of the district; or

48-14                (2)  students with special needs.

48-15          (c)  Not later than February 1 of each year, the commissioner

48-16    shall notify all districts of the requirements and standards for

48-17    determining administrative cost ratios for the following year.  Not

48-18    later than May 1 of each year, agency staff shall conduct a desk

48-19    audit of prior-year expenditure data available through the Public

48-20    Education Information Management System (PEIMS) to identify those

48-21    districts whose administrative cost ratio in the preceding year

48-22    exceeded their adjusted group standard.  Districts with an

48-23    administrative cost ratio in excess of their adjusted group

48-24    standard shall be notified not later than May 15 that they have

48-25    excessive administrative costs and that they are required to reduce

48-26    these costs to the level of the adjusted group standard for the

48-27    following school year.  Not later than the 60th day after receiving

 49-1    notification, a district shall respond to the commissioner by

 49-2    submitting a description of the district's plan to comply with the

 49-3    standard for the following year or request a waiver from the

 49-4    commissioner explaining why the district cannot comply with the

 49-5    standard.  Not later than August 15, the commissioner shall notify

 49-6    responding districts if further action is needed.

 49-7          (d)  If a school district fails to reduce administrative

 49-8    costs to the level required by this section, the commissioner shall

 49-9    deduct from a school district's foundation school program

49-10    allocations [tier one allotments] an amount equal to the amount by

49-11    which the district's administrative costs exceed the amount

49-12    permitted by its administrative cost ratio, unless the commissioner

49-13    has granted a waiver in response to the district's request.  The

49-14    commissioner shall make a deduction under this subsection from the

49-15    foundation school fund payments to the district in the school year

49-16    following the school year in which the plan to reduce costs was to

49-17    be implemented.  If a school district does not receive a foundation

49-18    school program allocation [tier one allotment], the district shall

49-19    remit an amount equal to the excess to the comptroller for deposit

49-20    to the credit of the foundation school fund.

49-21          (e)  The commissioner may grant a waiver to a school district

49-22    that exceeds its administrative cost ratio if the excess is

49-23    justified by unusual circumstances.

49-24          (f)  A school district shall include a statement of any

49-25    amount withheld or remitted under Subsection (d) in the district

49-26    report required by Section 39.053.

49-27          (g)  In this section:

 50-1                (1)  "Administrative cost ratio" means a school

 50-2    district's administrative costs divided by its instructional costs,

 50-3    expressed as a percentage.

 50-4                (2)  "Administrative costs" are defined as operating

 50-5    expenses made from funds other than federal funds associated with

 50-6    managing, planning, directing, coordinating, and evaluating a

 50-7    school district in accordance with Accounting functions 21 --

 50-8    Instructional Leadership, and 41 -- General Administration, as

 50-9    described in the Financial Accountability Resource guide, Bulletin

50-10    679, Module 1:  Financial Accounting and Reporting, First Edition,

50-11    published by the Texas Education Agency.

50-12                (3)  "Instructional costs" are defined as operating

50-13    expenses made from funds other than federal funds associated with

50-14    teacher-student instruction in accordance with Accounting functions

50-15    11 -- Instruction, 12 -- Instructional Resources and Media

50-16    Services, 13 -- Curriculum Development and Instructional Staff

50-17    Development, and 31 -- Guidance and Counseling Services, as

50-18    described in the Financial Accountability Resource guide, Bulletin

50-19    679, Module 1: Financial Accounting and Reporting, First Edition,

50-20    published by the Texas Education Agency.

50-21                (4)  "Adjusted group standard" is the acceptable

50-22    administrative cost ratio for each district as determined in

50-23    accordance with Subsections (a) and (b).

50-24         (Sections 42.302 [42.305]-42.350 reserved for expansion)

50-25                SUBCHAPTER G.  ENRICHMENT GUARANTEED YIELD

50-26          Sec. 42.351.  PURPOSE.  The purpose of the enrichment

50-27    guaranteed yield component of the Foundation School Program is to

 51-1    provide each school district with the opportunity to supplement the

 51-2    basic program at a level of its own choice.  Except as provided by

 51-3    Section 42.354, an allotment under this subchapter may be used for

 51-4    any legal purpose, including capital outlay and debt service.

 51-5          Sec. 42.352.  ALLOTMENT.  Each school district is guaranteed

 51-6    a specified amount per student in state and local funds for each

 51-7    cent of tax effort up to the maximum level specified in this

 51-8    subchapter.  The amount of state support is determined by the

 51-9    formula:

51-10                    GYA = (GL X AADA X DTR X 100) - LR

51-11    where:

51-12          "GYA" is the guaranteed yield amount of state funds to be

51-13    allocated to the district;

51-14          "GL" is the dollar amount guaranteed level of state and local

51-15    funds per student per cent of tax effort, which is $9 or a greater

51-16    amount for any year provided by appropriation;

51-17          "AADA" is the number of students in adjusted average daily

51-18    attendance, which is computed by dividing the amount of the

51-19    district's adjusted basic program under Subchapter B by the

51-20    guaranteed level of state and local funds per student per cent of

51-21    tax effort provided by Section 42.101;

51-22          "DTR" is the rate of the district educational enrichment tax

51-23    levied in accordance with Section 45.0031(b); and

51-24          "LR" is the local revenue, which is determined by multiplying

51-25    "DTR" by the quotient of the district's taxable value of property

51-26    for the current year for purposes of maintenance and operations

51-27    taxes determined under Section 403.302(d), Government Code, as

 52-1    applicable, divided by 100.

 52-2          Sec. 42.353.  DISTRIBUTION OF SUPPLEMENTAL GUARANTEED YIELD.

 52-3    (a)  For each school year the commissioner shall determine the

 52-4    guaranteed yield amount of state funds to which a school district

 52-5    is entitled under Section 42.352.

 52-6          (b)  Except as otherwise provided by this subsection, the

 52-7    commissioner shall base the determination under Subsection (a) on

 52-8    the estimates provided to the legislature under Section 42.254 for

 52-9    each school district for each school year.  The commissioner shall

52-10    reduce the entitlement of each district that has a final taxable

52-11    value of property for the second year of a state fiscal biennium

52-12    that is higher than the estimate under Section 42.254.  A reduction

52-13    under this subsection may not reduce the district's entitlement

52-14    below the amount to which it is entitled at its actual taxable

52-15    value of property.  The sum of the reductions under this subsection

52-16    may not be greater than the amount necessary to fully fund the

52-17    entitlement of each district.

52-18          (c)  The amount to which a district is entitled under this

52-19    section may not exceed the amount to which the district would be

52-20    entitled at the district's tax rate for the final year of the

52-21    preceding biennium, or a different tax rate provided by

52-22    appropriation.

52-23          (c-1)  Notwithstanding Subsection (c), the amount to which a

52-24    district is entitled under this section for the 1997-1998 and

52-25    1998-1999 school years may not exceed the amount to which the

52-26    district would be entitled at the maximum tax rate permitted under

52-27    Section 26.08(g)(1) or (2)(A), Tax Code, for the district for the

 53-1    1997 tax year.  This subsection expires September 1, 1999.

 53-2          (d)  The commissioner shall approve warrants to each school

 53-3    district equaling the amount of the district's entitlement as

 53-4    determined under Subsection (a) except as otherwise provided by

 53-5    this section.  Warrants for all money spent according to this

 53-6    chapter shall be approved and transmitted as provided by Subchapter

 53-7    E.  The total amount of the warrants issued under this section may

 53-8    not exceed the total amount appropriated for purposes of the

 53-9    supplemental guaranteed yield for that fiscal year.

53-10          (e)  If the total amount of state funds allocated to

53-11    districts under this subchapter for a fiscal year exceeds the

53-12    amount appropriated for that year and there are not funds available

53-13    under Subsection (g), the commissioner shall reduce the total

53-14    amount of state funds allocated to each district by an amount

53-15    determined by a method under which the application of the same

53-16    number of cents of increase in tax rate in all districts applied to

53-17    the taxable value of property of each district for purposes of

53-18    maintenance and operations, as determined under Section 403.302(d),

53-19    Government Code, results in a total levy equal to the total

53-20    reduction.  The following fiscal year, a district's entitlement

53-21    under this section is increased by an amount equal to the reduction

53-22    made under this subsection.

53-23          (f)  Not later than March 1 each year, the commissioner shall

53-24    determine the actual amount of state funds to which each school

53-25    district is entitled under this subchapter for the current school

53-26    year and shall compare that amount with the amount of the warrants

53-27    issued to the district under this section for that year.  If the

 54-1    amount of the warrants differs from the amount to which a district

 54-2    is entitled because of variations in the district's tax rate,

 54-3    student enrollment, or taxable value of property, the commissioner

 54-4    shall adjust the district's entitlement for the next fiscal year

 54-5    accordingly.

 54-6          (g)  The legislature may appropriate funds necessary for

 54-7    increases under Subsection (f) from funds that the comptroller, at

 54-8    any time during the fiscal year, finds are available.

 54-9          (h)  Section 42.258 applies to district educational

54-10    enrichment taxes in the same manner as it applies to maintenance

54-11    and operations taxes.

54-12          Sec. 42.354.  ALLOTMENT FOR EXISTING DEBT.  (a)  Each school

54-13    district is guaranteed a specified amount in state and local funds

54-14    for each cent of tax effort levied for purposes of debt service on

54-15    bonds authorized before September 1, 1997, up to the maximum level

54-16    specified by this section.  The amount of state support is

54-17    determined by the formula:

54-18                     GYA = (GL X ADA X DTR X 100) - LR

54-19    where:

54-20          "GYA" is the guaranteed yield amount of state funds to be

54-21    allocated to the district;

54-22          "GL" is $21.35 or a greater amount for any year provided by

54-23    appropriation;

54-24          "ADA" is the number of students in average daily attendance

54-25    as determined under Section 42.005;

54-26          "DTR" is the district existing debt tax rate; and

54-27          "LR" is determined by multiplying "DTR" by the quotient of

 55-1    the district's taxable value of property for the current year for

 55-2    purposes of debt service taxes determined under Section 403.302(e),

 55-3    Government Code, divided by 100.

 55-4          (b)  Sections 46.003(b) and (c) apply to taxes for which a

 55-5    district receives state assistance under this section.

 55-6          (c)  If the amount appropriated for purposes of this section

 55-7    for a year is less than the total amount to which each school

 55-8    district is entitled under Subsection (a) for that year, the

 55-9    commissioner shall:

55-10                (1)  transfer from the basic program to the enrichment

55-11    program the amount by which the total amount to which districts are

55-12    entitled under Subsection (a) exceeds the amount appropriated; and

55-13                (2)  reduce each district's basic program allocations

55-14    in the manner provided by Section 42.253.

55-15          (d)  A district may use state funds received under this

55-16    section only to pay the principal of and interest on the bonds for

55-17    which the district receives the funds.

55-18          (e)  As soon as practicable after September 1 of each year,

55-19    the commissioner shall distribute to each school district the

55-20    amount of state assistance under this section to which the

55-21    commissioner has determined the district is entitled for the school

55-22    year.  The district shall deposit the money in the interest and

55-23    sinking fund for the bonds for which the assistance is received and

55-24    shall adopt a tax rate for purposes of debt service that takes into

55-25    account the balance of the interest and sinking fund.

55-26          Sec. 42.355.  LIMITATION ON TAX RATE.  The sum of the

55-27    district enrichment tax rate under Section 42.352 and the existing

 56-1    debt tax rate under Section 42.354 may not exceed $0.10 per $100 of

 56-2    valuation.

 56-3         [SUBCHAPTER G.  SCHOOL FACILITIES INVENTORY AND STANDARDS]

 56-4          [Sec. 42.351.  INVENTORY OF SCHOOL FACILITIES.  (a)  The

 56-5    State Board of Education shall establish a statewide inventory of

 56-6    school facilities and shall update the inventory on a periodic

 56-7    basis.]

 56-8          [(b)  The inventory shall include information on the

 56-9    condition, use, type, and replacement cost of public school

56-10    facilities in this state.]

56-11          [Sec. 42.352.  STANDARDS.  The State Board of Education shall

56-12    establish standards for adequacy of school facilities.  The

56-13    standards shall include requirements related to space, educational

56-14    adequacy, and construction quality.  All facilities constructed

56-15    after September 1, 1992, must meet the standards in order to be

56-16    financed with state or local tax funds.]

56-17           [SUBCHAPTER H.  SCHOOL FACILITIES ASSISTANCE PROGRAM]

56-18          [Sec. 42.401.  DEFINITIONS.  In this subchapter:]

56-19                [(1)  "Effective tax rate" means a tax rate that is

56-20    determined by dividing the amount of taxes collected by a school

56-21    district by the quotient of the district's taxable value of

56-22    property, as determined under Subchapter M, Chapter 403, Government

56-23    Code, divided by 100.]

56-24                [(2)  "Guaranteed wealth level" means a wealth per

56-25    student determined by the following formula:]

56-26                    [GWL = (GL X 10,000) X (SWADA/SADA)]

56-27    [where:]

 57-1          ["GWL" is the guaranteed wealth level;]

 57-2          ["GL" is the dollar amount guaranteed level of state and

 57-3    local funds per weighted student per cent of tax effort, as

 57-4    provided by Section 42.302;]

 57-5          ["SWADA" is the total weighted average daily attendance,

 57-6    determined in the manner provided by Section 42.302, for all school

 57-7    districts in the state; and]

 57-8          ["SADA" is the total average daily attendance for all school

 57-9    districts in the state.]

57-10                [(3)  "Instructional facility" means real property, an

57-11    improvement to real property, or a necessary fixture of an

57-12    improvement to real property that is used predominantly for

57-13    teaching the curriculum required under Section 28.002.]

57-14                [(4)  "Wealth per student" means a school district's

57-15    taxable value of property, as determined under Subchapter M,

57-16    Chapter 403, Government Code, divided by the district's average

57-17    daily attendance.]

57-18          [Sec. 42.402.  DISTRICT ELIGIBILITY.  A school district is

57-19    eligible for state assistance under this subchapter if the district

57-20    has:]

57-21                [(1)  a wealth per student less than the guaranteed

57-22    wealth level; and]

57-23                [(2)  a total effective tax rate that is at least $1.30

57-24    per $100 of valuation of taxable property or an effective tax rate

57-25    for the payment of principal of and interest on bonds that is at

57-26    least $0.20 per $100 of valuation of taxable property.]

57-27          [Sec. 42.403.  AMOUNT OF STATE ASSISTANCE.  Except as

 58-1    provided by Section 42.404, the amount of state assistance to which

 58-2    a school district is entitled for an eligible project is determined

 58-3    by the following formula:]

 58-4                        [SA = (1 - (WPS/GWL)) X PC]

 58-5    [where:]

 58-6          ["SA" is the amount of state assistance;]

 58-7          ["WPS" is the district's wealth per student;]

 58-8          ["GWL" is the guaranteed wealth level; and]

 58-9          ["PC" is the total cost of the project, excluding financing

58-10    costs.]

58-11          [Sec. 42.404.  SUPPLEMENTAL STATE ASSISTANCE FOR SMALL SCHOOL

58-12    DISTRICTS.  (a)  In addition to the amount determined under Section

58-13    42.403, a district is entitled to supplemental state assistance if

58-14    the district's average daily attendance is less than the product of

58-15    the quotient of the average daily attendance for all school

58-16    districts in the state, as determined under Section 42.401, divided

58-17    by the weighted average daily attendance for all school districts

58-18    in the state, as determined under Section 42.401, multiplied by

58-19    2,500.  The amount of supplemental state assistance to which a

58-20    school district is entitled is the lesser of the amounts determined

58-21    by the following formulas:]

58-22                [SSA = PC - SA - (.002 X DPV X PC/500,000)]

58-23    [where:]

58-24          ["SSA" is the amount of supplemental state assistance;]

58-25          ["SA" is the amount of state assistance determined under

58-26    Section 42.403;]

58-27          ["DPV" is the district's taxable value of property, as

 59-1    determined under Subchapter M, Chapter 403, Government Code; and]

 59-2          ["PC" is the total cost of the project; or]

 59-3                       [SSA = PC - SA - (0.15 X PC)]

 59-4    [where:]

 59-5          ["SSA" is the amount of supplemental state assistance;]

 59-6          ["SA" is the amount of state assistance determined under

 59-7    Section 42.403; and]

 59-8          ["PC" is the total cost of the project.]

 59-9          [(b)  If the lesser of the amounts determined by the formulas

59-10    in Subsection (a)  is less than zero, the district is not entitled

59-11    to supplemental state assistance.]

59-12          [Sec. 42.405.  PROJECT ELIGIBILITY AND APPROVAL.  (a)  A

59-13    project must be an instructional facility to be eligible for  state

59-14    assistance under this subchapter.]

59-15          [(b)  A district is entitled to state assistance under this

59-16    subchapter for only one project in a state fiscal biennium.]

59-17          [(c)  To receive state assistance under this subchapter, a

59-18    school district must submit to the commissioner a proposal that

59-19    contains the information required by rule of the commissioner.]

59-20          [(d)  A school district must submit a proposal by the date

59-21    established by rule of the commissioner.]

59-22          [(e)  The commissioner shall review each proposal and approve

59-23    those proposals that meet the requirements of this subchapter and

59-24    the commissioner's rules.]

59-25          [(f)  If the amount of state assistance for an approved

59-26    project is insufficient to enable the school district to finance

59-27    the remainder from other funds, the district may modify the project

 60-1    to reduce its cost and may resubmit the proposal.]

 60-2          [Sec. 42.406.  LIMITATION ON ASSISTANCE.  (a)  The cost of a

 60-3    project for which a district may receive assistance under  this

 60-4    subchapter may not exceed the greater of:]

 60-5                [(1)  $500,000; or]

 60-6                [(2)  the product of the number of students in average

 60-7    daily attendance in the district multiplied by $266.]

 60-8          [(b)  For purposes of Sections 42.403, 42.404, and 42.407, a

 60-9    project that has a cost that exceeds the limit prescribed by

60-10    Subsection (a)  is treated as if the cost equals the applicable

60-11    limit.]

60-12          [Sec. 42.407.  SHORTAGE OF APPROPRIATED FUNDS.  If the total

60-13    state assistance for approved projects in a state fiscal biennium

60-14    exceeds the amount appropriated for that biennium, the commissioner

60-15    shall remove from the list of approved projects one or more

60-16    projects in ascending order of the proportion of state assistance

60-17    to project cost, beginning with the project that has the lowest

60-18    proportion of state assistance to project cost, until the total

60-19    state assistance for approved projects is less than or equal to the

60-20    amount appropriated.  If, after removing approved projects from the

60-21    list, the total state assistance is less than the amount

60-22    appropriated, the commissioner shall grant the difference to the

60-23    district that proposed the last project removed from the list.]

60-24          [Sec. 42.408.  USE OF EXCESS APPROPRIATED FUNDS.  If the

60-25    total state assistance for approved projects in a state fiscal

60-26    biennium is less than the amount appropriated for that biennium,

60-27    the commissioner may use the excess amount for any purpose under

 61-1    the Foundation School Program.]

 61-2          [Sec. 42.409.  PAYMENT OF STATE ASSISTANCE.  (a)  The

 61-3    commissioner shall approve warrants to a school district that

 61-4    receives state assistance under this subchapter as necessary to

 61-5    permit the district to meet contractual obligations as construction

 61-6    or renovation progresses.]

 61-7          [(b)  The commissioner may not approve a warrant for

 61-8    assistance under this subchapter until the district provides the

 61-9    commissioner with information concerning the manner in which the

61-10    district will pay the local share of the project cost.  The

61-11    information must include the number of years:]

61-12                [(1)  for which the district will have bonds

61-13    outstanding in connection with the project; or]

61-14                [(2)  in which the district will be making payments

61-15    under a lease-purchase agreement in connection with the project.]

61-16          [(c)  If the commissioner determines that a district has

61-17    altered a project in a manner that reduces the cost of the project

61-18    below the cost stated in the proposal, the commissioner shall

61-19    recompute the amount of state assistance to which the district is

61-20    entitled based on the reduced project cost and approve warrants to

61-21    the district accordingly.]

61-22          [Sec. 42.410.  ADDITIONAL STATE ASSISTANCE.  (a)  If the

61-23    guaranteed wealth level is increased over the level for the year in

61-24    which a school district received assistance under this subchapter,

61-25    for each year to which the increased level applies and in which the

61-26    district levies a tax to pay for the local share of the cost of the

61-27    project for which the district received state assistance under this

 62-1    subchapter, the district is entitled to additional state assistance

 62-2    determined by the formula:]

 62-3    [ASA = (GL X (SWADA/SADA) X ADA X PTR X 100) - LPR - ((SA +

 62-4    SSA)/PY)]

 62-5    [where:]

 62-6          ["ASA" is the amount of additional state assistance;]

 62-7          ["GL" is the dollar amount guaranteed level of state and

 62-8    local funds per weighted student per cent of tax effort, as

 62-9    provided by Section 42.302;]

62-10          ["SWADA" is the total number of students in weighted average

62-11    daily attendance in the district, determined in the manner provided

62-12    by Section 42.302, for all school districts in the state;]

62-13          ["SADA" is the total average daily attendance for all school

62-14    districts in the state;]

62-15          ["ADA" is the district's average daily attendance;]

62-16          ["PTR" is the project tax rate of the district, which is

62-17    calculated by dividing the amount necessary for annual payments:]

62-18                [(1)  on the principal and interest of bonds issued to

62-19    finance the local share of the project; or]

62-20                [(2)  under a lease-purchase agreement for the local

62-21    share of the project;]

62-22    [by the DPV as defined in Section 42.404;]

62-23          ["LPR" is the local project revenue, which is determined by

62-24    multiplying "PTR" by the quotient of the district's taxable value

62-25    of property, as determined under Subchapter M, Chapter 403,

62-26    Government Code, divided by 100;]

62-27          ["SA" is the state assistance allocated to the district under

 63-1    Section 42.403;]

 63-2          ["SSA" is the supplemental state assistance allocated to the

 63-3    district under Section 42.404; and]

 63-4          ["PY" is the number of years for which the district must levy

 63-5    a tax to pay for the local share of the project cost, as reported

 63-6    to the commissioner under Section 42.409(b).]

 63-7          [(b)  A district may use assistance received under this

 63-8    section for any legal purpose.]

 63-9          [(c)  Assistance under this subsection shall be paid in the

63-10    manner prescribed by Section 42.253.]

63-11          [Sec. 42.411.  PROJECTS BY MORE THAN ONE DISTRICT.  (a)  Two

63-12    or more eligible districts may submit a proposal for a joint

63-13    project at a single location.]

63-14          [(b)  The state assistance for a joint project is the amount

63-15    specified by Section 42.403, except that wealth per student is the

63-16    quotient of the sum of the taxable values of property of the

63-17    districts divided by the sum of the districts' average daily

63-18    attendances.]

63-19          [(c)  The supplemental state assistance for a joint project

63-20    is the sum of the assistance under Section 42.404 for each district

63-21    participating in the joint project that is eligible under Section

63-22    42.404, except that:]

63-23                [(1)  the result of the applicable formula in that

63-24    section for each district is multiplied by the ratio of the

63-25    district's average  daily attendance to the total average daily

63-26    attendance for all the districts in the project; and]

63-27                [(2)  "500,000" is replaced by (600,000 x N), where "N"

 64-1    is the number of districts in the project.]

 64-2          [(d)  The limitation on assistance for a joint project is 20

 64-3    percent greater than the sum of the limitations for each district

 64-4    prescribed by Section 42.406.]

 64-5          SECTION 1.03.  Title 2, Education Code, is amended by adding

 64-6    Chapter 46 to read as follows:

 64-7              CHAPTER 46.  INSTRUCTIONAL FACILITIES ALLOTMENT

 64-8          Sec. 46.001.  DEFINITION.  In this chapter, "instructional

 64-9    facility" means real property, an improvement to real property, or

64-10    a necessary fixture of an improvement to real property that is used

64-11    predominantly for teaching the curriculum required under Section

64-12    28.002.

64-13          Sec. 46.002.  RULES.  (a)  The commissioner may adopt rules

64-14    for the administration of this chapter.

64-15          (b)  The commissioner's rules may limit the amount of an

64-16    allotment under this chapter that is to be used to construct,

64-17    acquire, renovate, or improve an instructional facility that may

64-18    also be used for noninstructional or extracurricular activities.

64-19          Sec. 46.003.  SCHOOL FACILITIES ALLOTMENT.  (a)  For each

64-20    year, except as provided by Sections 46.005 and 46.006, a school

64-21    district is guaranteed a specified amount per student in state and

64-22    local funds for each cent of tax effort, up to the maximum rate

64-23    under Subsection (b), to pay the principal of and interest on

64-24    eligible bonds issued to construct, acquire, renovate, or improve

64-25    an instructional facility.  The amount of state support is

64-26    determined by the formula:

64-27             FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))

 65-1    where:

 65-2          "FYA" is the guaranteed facilities yield amount of state

 65-3    funds allocated to the district for the year;

 65-4          "FYL" is the dollar amount guaranteed level of state and

 65-5    local funds per student per cent of tax effort, which is $36.40 or

 65-6    a greater amount for any year provided by appropriation;

 65-7          "ADA" is the number of students in average daily attendance,

 65-8    as determined under Section 42.005, in the district;

 65-9          "BTR" is the district's bond tax rate for the current year,

65-10    determined as provided by Subsection (b); and

65-11          "DPV" is the district's taxable value of property for the

65-12    current year for purposes of debt service taxes as determined under

65-13    Section 403.302(e), Government Code.

65-14          (b)  The bond tax rate under Subsection (a) may not exceed

65-15    the rate that would be necessary for the current year, using state

65-16    funds under Subsection (a), to make payments of principal and

65-17    interest on the bonds for which the tax is pledged if:

65-18                (1)  the values of the district's appraisals were the

65-19    same as the values determined under Section 403.302(e), Government

65-20    Code; and

65-21                (2)  the district had collected all the bond taxes the

65-22    district levied.

65-23          (c)  To enable the district to collect local funds sufficient

65-24    to pay the district's share of the debt service, a district may

65-25    levy a bond tax at a rate higher than the maximum rate for which it

65-26    may receive state assistance.

65-27          (d)  Bonds are eligible to be paid with state and local funds

 66-1    under this section if the bonds:

 66-2                (1)  are authorized on or after September 1, 1997; and

 66-3                (2)  do not have a weighted average maturity of less

 66-4    than eight years and may not be called for redemption earlier than

 66-5    10 years after the date of issuance.

 66-6          (e)  A district may use state funds received under this

 66-7    section only to pay the principal of and interest on the bonds for

 66-8    which the district received the funds.

 66-9          (f)  The board of trustees and voters of a school district

66-10    shall determine district needs concerning construction,

66-11    acquisition, renovation, or improvement of instructional

66-12    facilities.

66-13          (g)  To receive state assistance under this chapter, a school

66-14    district must apply to the commissioner in accordance with rules

66-15    adopted by the commissioner before issuing bonds that will be paid

66-16    with state assistance.  Until the bonds are fully paid or the

66-17    instructional facility is sold:

66-18                (1)  a school district is entitled to continue

66-19    receiving state assistance without reapplying to the commissioner;

66-20    and

66-21                (2)  the guaranteed level of state and local funds per

66-22    student per cent of tax effort applicable to the bonds may not be

66-23    reduced below the level provided for the year in which the bonds

66-24    were issued.

66-25          Sec. 46.004.  LEASE-PURCHASE AGREEMENTS.  (a)  A district may

66-26    receive state assistance in connection with a lease-purchase

66-27    agreement concerning an instructional facility.  For purposes of

 67-1    this chapter:

 67-2                (1)  taxes levied for purposes of maintenance and

 67-3    operations that are necessary to pay a district's share of the

 67-4    payments under a lease-purchase agreement for which the district

 67-5    receives state assistance under this chapter are considered to be

 67-6    bond taxes; and

 67-7                (2)  payments under a lease-purchase agreement are

 67-8    considered to be payments of principal of and interest on bonds.

 67-9          (b)  Section 46.003(b) applies to taxes levied to pay a

67-10    district's share of the payments under a lease-purchase agreement

67-11    for which the district receives state assistance under this

67-12    chapter.

67-13          (c)  A lease-purchase agreement must be for a term of at

67-14    least eight years to be eligible to be paid with state and local

67-15    funds under this chapter.

67-16          Sec. 46.005.  LIMITATION ON GUARANTEED AMOUNT.  In any state

67-17    fiscal biennium, the guaranteed amount of state and local funds

67-18    under Section 46.003 for a school district may not exceed the

67-19    lesser of:

67-20                (1)  the amount the actual debt service payments the

67-21    district makes in the biennium in which the bonds are issued; or

67-22                (2)  the greater of:

67-23                      (A)  $100,000; or

67-24                      (B)  the product of the number of students in

67-25    average daily attendance in the district multiplied by $250.

67-26          Sec. 46.006.  SHORTAGE OR EXCESS OF FUNDS APPROPRIATED FOR

67-27    NEW PROJECTS.  (a)  If the total amount appropriated for a year for

 68-1    new projects is less than the amount of money to which school

 68-2    districts applying for state assistance are entitled for that year,

 68-3    the commissioner shall rank each school district applying by wealth

 68-4    per student.  For purposes of this section, a district's wealth per

 68-5    student is reduced by 10 percent for each state fiscal biennium in

 68-6    which the district did not receive assistance under this chapter.

 68-7    The commissioner shall adjust the rankings after making the

 68-8    reductions in wealth per student required by this subsection.

 68-9          (b)  Beginning with the district with the lowest adjusted

68-10    wealth per student that has applied for state assistance for the

68-11    year, the commissioner shall award state assistance to districts

68-12    that have applied for state assistance in ascending order of

68-13    adjusted wealth per student.  The commissioner shall award the full

68-14    amount of state assistance to which a district is entitled under

68-15    this chapter, except that the commissioner may award less than the

68-16    full amount to the last district for which any funds are available.

68-17          (c)  Any amount appropriated for the first year of a fiscal

68-18    biennium that is not awarded to a school district may be used to

68-19    provide assistance in the following fiscal year.

68-20          (d)  In this section, "wealth per student" means a school

68-21    district's taxable value of property for purposes of debt service

68-22    taxes, as determined under Section 403.302(e), Government Code,

68-23    divided by the district's average daily attendance as determined

68-24    under Section 42.005.

68-25          Sec. 46.007.  REFUNDING BONDS.  A school district may use

68-26    state funds received under this chapter to pay the principal of and

68-27    interest on refunding bonds that:

 69-1                (1)  are issued to refund bonds eligible under Section

 69-2    46.003;

 69-3                (2)  do not have a final maturity date later than the

 69-4    final maturity date of the bonds being refunded;

 69-5                (3)  may not be called for redemption earlier than the

 69-6    earliest call date of the bonds being refunded; and

 69-7                (4)  result in a present value savings, which is

 69-8    determined by computing the net present value of the difference

 69-9    between each scheduled payment on the original bonds and each

69-10    scheduled payment on the refunding bonds.  The present value

69-11    savings shall be computed at the true interest cost of the

69-12    refunding bonds.

69-13          Sec. 46.008.  STANDARDS.  The commissioner shall establish

69-14    standards for adequacy of school facilities.  The standards must

69-15    include requirements related to space, educational adequacy, and

69-16    construction quality.  All facilities constructed after September

69-17    1, 1998, must meet the standards to be eligible to be financed with

69-18    state or local tax funds.

69-19          Sec. 46.009.  PAYMENT OF SCHOOL FACILITIES ALLOTMENTS.  (a)

69-20    For each school year, the commissioner shall determine the amount

69-21    of money to which each school district is entitled under this

69-22    chapter.

69-23          (b)  If the amount appropriated for purposes of Section

69-24    46.003 for a year is less than the total amount determined under

69-25    Subsection (a) for that year, the commissioner shall:

69-26                (1)  transfer from the Foundation School Program to the

69-27    instructional facilities program the amount by which the total

 70-1    amount determined under Subsection (a) exceeds the amount

 70-2    appropriated; and

 70-3                (2)  reduce each district's foundation school fund

 70-4    allocations in the manner provided by Section 42.253.

 70-5          (c)  Warrants for payments under this chapter shall be

 70-6    approved and transmitted to school district treasurers or

 70-7    depositories in the same manner as warrants for payments under

 70-8    Chapter 42.

 70-9          (d)  As soon as practicable after September 1 of each year,

70-10    the commissioner shall distribute to each school district the

70-11    amount of state assistance under this chapter to which the

70-12    commissioner has determined the district is entitled for the school

70-13    year. The district shall deposit the money in the interest and

70-14    sinking fund for the bonds for which the assistance is received and

70-15    shall adopt a tax rate for purposes of debt service that takes into

70-16    account the balance of the interest and sinking fund.

70-17          (e)  Section 42.257 applies to payments under this chapter.

70-18          Sec. 46.010.  PENALTY FOR FAILURE TO FULLY COLLECT TAXES.

70-19    (a)  As provided by comptroller's rule, the comptroller shall

70-20    determine for each school district the amount of taxes for purposes

70-21    of eligible debt service that the district would have collected

70-22    during the preceding tax year if:

70-23                (1)  the values of the district's appraisals were the

70-24    same as the values determined under Section 403.302(e), Government

70-25    Code; and

70-26                (2)  the district had collected all the taxes the

70-27    district levied.

 71-1          (b)  The comptroller shall certify to the commissioner any

 71-2    difference between the amount determined under Subsection (a) and

 71-3    the amount of taxes for purposes of debt service the district

 71-4    actually collected for the preceding tax year.

 71-5          (c)  The commissioner shall reduce a district's state aid

 71-6    under Chapter 42 for the current year by any amount certified under

 71-7    Subsection (b).

 71-8          (d)  A school district may appeal to the comptroller the

 71-9    comptroller's determination under Subsection (a) if the district's

71-10    failure to collect all the taxes the district levied was due to a

71-11    factor beyond the district's control.

71-12          Sec. 46.011.  PROJECTS BY MORE THAN ONE DISTRICT.  If two or

71-13    more districts apply for state assistance in connection with a

71-14    joint project at a single location, each district is entitled to a

71-15    guaranteed facilities yield amount of state and local funds that is

71-16    20 percent higher than the amount to which the district would

71-17    otherwise be entitled under Section 46.005.

71-18          Sec. 46.012.  SALE OF INSTRUCTIONAL FACILITY FINANCED WITH

71-19    INSTRUCTIONAL FACILITIES ALLOTMENT.  (a)  If an instructional

71-20    facility financed by bonds paid with state and local funds under

71-21    this chapter is sold before the bonds are fully paid, the school

71-22    district shall send to the comptroller an amount equal to the

71-23    district's net proceeds from the sale multiplied by a percentage

71-24    determined by dividing the amount of state funds under this

71-25    subchapter used to pay the principal of and interest on the bonds

71-26    by the total amount of principal and interest paid on the bonds

71-27    with funds other than the proceeds of the sale.

 72-1          (b)  In this section, "net proceeds" means the difference

 72-2    between the total amount received from the sale less:

 72-3                (1)  the amount necessary to fully pay the outstanding

 72-4    principal of and interest on the bonds; and

 72-5                (2)  the school district's costs of the sale, as

 72-6    approved by the commissioner.

 72-7          SECTION 1.04.  Section 7.024(a), Education Code, is amended

 72-8    to read as follows:

 72-9          (a)  The investment capital fund consists of money

72-10    appropriated [transferred] to the fund [as provided by Section

72-11    42.152(l)].  The agency shall administer the fund.  The purposes

72-12    of this fund are to assist eligible public schools to implement

72-13    practices and procedures consistent with deregulation and school

72-14    restructuring in order to improve student achievement and to help

72-15    schools identify and train parents and community leaders who will

72-16    hold the school and the school district accountable for achieving

72-17    high academic standards.

72-18          SECTION 1.05.  Section 12.013(b), Education Code, is amended

72-19    to read as follows:

72-20          (b)  A home-rule school district is subject to:

72-21                (1)  a provision of this title establishing a criminal

72-22    offense;

72-23                (2)  a provision of this title relating to limitations

72-24    on liability; and

72-25                (3)  a prohibition, restriction, or requirement, as

72-26    applicable, imposed by this title or a rule adopted under this

72-27    title, relating to:

 73-1                      (A)  the Public Education Information Management

 73-2    System (PEIMS) to the extent necessary to monitor compliance with

 73-3    this subchapter as determined by the commissioner;

 73-4                      (B)  educator certification under Chapter 21 and

 73-5    educator rights under Sections 21.407, 21.408, and 22.001;

 73-6                      (C)  criminal history records under Subchapter C,

 73-7    Chapter 22;

 73-8                      (D)  student admissions under Section 25.001;

 73-9                      (E)  school attendance under Sections 25.085,

73-10    25.086, and 25.087;

73-11                      (F)  inter-district or inter-county transfers of

73-12    students under Subchapter B, Chapter 25;

73-13                      (G)  elementary class size limits under Section

73-14    25.112, in the case of any campus in the district that is

73-15    considered low-performing under Section 39.131(b);

73-16                      (H)  high school graduation under Section 28.025;

73-17                      (I)  special education programs under Subchapter

73-18    A, Chapter 29;

73-19                      (J)  bilingual education under Subchapter B,

73-20    Chapter 29;

73-21                      (K)  prekindergarten programs under Subchapter E,

73-22    Chapter 29;

73-23                      (L)  safety provisions relating to the

73-24    transportation of students under Sections 34.002, 34.003, 34.004,

73-25    and 34.008;

73-26                      (M)  computation and distribution of state aid

73-27    under Chapters 31, 42, and 43;

 74-1                      (N)  extracurricular activities under Section

 74-2    33.081;

 74-3                      (O)  health and safety under Chapter 38;

 74-4                      (P)  public school accountability under

 74-5    Subchapters B, C, D, and G, Chapter 39;

 74-6                      (Q)  [equalized wealth under Chapter 41;]

 74-7                      [(R)]  a bond or other obligation or tax rate

 74-8    under Chapters 42, 43, and 45; and

 74-9                      (R) [(S)]  purchasing under Chapter 44.

74-10          SECTION 1.06.  Section 12.016, Education Code, is amended to

74-11    read as follows:

74-12          Sec. 12.016.  CONTENT.  Each home-rule school district

74-13    charter must:

74-14                (1)  describe the educational program to be offered;

74-15                (2)  provide that continuation of the home-rule school

74-16    district charter is contingent on:

74-17                      (A)  acceptable student performance on assessment

74-18    instruments adopted under Subchapter B, Chapter 39; and

74-19                      (B)  compliance with other applicable

74-20    accountability provisions under Chapter 39;

74-21                (3)  specify any basis, in addition to a basis

74-22    specified by this subchapter, on which the charter may be placed on

74-23    probation or revoked;

74-24                (4)  describe the governing structure of the district

74-25    and campuses;

74-26                (5)  specify any procedure or requirement, in addition

74-27    to those under Chapter 38, that the district will follow to ensure

 75-1    the health and safety of students and employees;

 75-2                (6)  describe the process by which the district will

 75-3    adopt an annual budget, including a description of the use of

 75-4    [program-weight] funds for programs under Subchapters A-D and F,

 75-5    Chapter 29;

 75-6                (7)  describe the manner in which an annual audit of

 75-7    financial and programmatic operations of the district is to be

 75-8    conducted, including the manner in which the district will provide

 75-9    information necessary for the district to participate in the Public

75-10    Education Information Management System (PEIMS) to the extent

75-11    required by this subchapter; and

75-12                (8)  include any other provision the charter commission

75-13    considers necessary.

75-14          SECTION 1.07.  Section 12.029(b), Education Code, is amended

75-15    to read as follows:

75-16          (b)  If [Except as provided by Subchapter H, Chapter 41, if]

75-17    two or more school districts having different status, one of which

75-18    is home-rule school district status, consolidate into a single

75-19    district, the petition under Section 13.003 initiating the

75-20    consolidation must state the status for the consolidated district.

75-21    The ballot shall be printed to permit voting for or against the

75-22    proposition:  "Consolidation of (names of school districts) into a

75-23    single school district governed as (status of school district

75-24    specified in the petition)."

75-25          SECTION 1.08.  Section 12.106, Education Code, is amended to

75-26    read as follows:

75-27          Sec. 12.106.  [STATE] FUNDING.  [(a)]  An open-enrollment

 76-1    charter school is entitled to funding under Chapter 42 as if the

 76-2    open-enrollment charter school were a school district to which

 76-3    Section 42.106 applies.  In determining funding for an

 76-4    open-enrollment charter school, adjustments under Sections 42.103,

 76-5    42.104, and 42.105 are based on the average adjustment for the

 76-6    county in which the open-enrollment charter school is located [the

 76-7    distribution from the available school fund for a student attending

 76-8    the open-enrollment charter school to which the district in which

 76-9    the student resides would be entitled].

76-10          [(b)  A student attending an open-enrollment charter school

76-11    who is eligible under Section 42.003 is entitled to the benefits of

76-12    the Foundation School Program under Chapter 42.  The commissioner

76-13    shall distribute from the foundation school fund to each school an

76-14    amount equal to the cost of a Foundation School Program provided by

76-15    the program for which the charter is granted as determined under

76-16    Section 42.251, including the transportation allotment under

76-17    Section 42.155, for the student that the district in which the

76-18    student resides would be entitled to, less an amount equal to the

76-19    sum of the school's tuition receipts under Section 12.107 plus the

76-20    school's distribution from the available school fund.]

76-21          SECTION 1.09.  Section 12.108, Education Code, is amended to

76-22    read as follows:

76-23          Sec. 12.108.  TUITION RESTRICTED.  An [Except as provided by

76-24    Section 12.106, an] open-enrollment charter school may  not charge

76-25    tuition to an eligible student who applies under Section 12.117.

76-26          SECTION 1.10.  Section 13.054(f), Education Code, is amended

76-27    to read as follows:

 77-1          (f)  For five years beginning with the school year in which

 77-2    the annexation occurs, the commissioner shall annually adjust the

 77-3    local share [fund assignment] of a district to which territory is

 77-4    annexed under this section by multiplying the enlarged district's

 77-5    local share [fund assignment] computed under Section 42.252 by a

 77-6    fraction, the numerator of which is the number of students residing

 77-7    in the district preceding the date of the annexation and the

 77-8    denominator of which is the number of students residing in the

 77-9    district as enlarged on the date of the annexation.

77-10          SECTION 1.11.  Section 13.285, Education Code, is amended to

77-11    read as follows:

77-12          Sec. 13.285.  COST.  The cost of incentive aid payments

77-13    authorized by this subchapter shall be paid from the foundation

77-14    school fund.  [The costs shall be considered and included by the

77-15    foundation school fund budget committee in estimating the funds

77-16    needed for purposes of the Foundation School Program.]

77-17          SECTION 1.12.  Section 19.007(b), Education Code, is amended

77-18    to read as follows:

77-19          (b)  The costs for persons eligible under Section 19.005

77-20    shall be paid from the foundation school fund.  [Those costs shall

77-21    be considered annually by the foundation school fund budget

77-22    committee and included in estimating the funds needed for purposes

77-23    of the Foundation School Program.]

77-24          SECTION 1.13.  Section 21.401, Education Code, is amended to

77-25    read as follows:

77-26          Sec. 21.401.  MINIMUM SERVICE REQUIRED.  (a)  A contract

77-27    between a school district and an educator must be for a minimum of

 78-1    10 months' service.

 78-2          (a-1)  For the 1997-1998 and 1998-1999 school years

 78-3    [1995-1996 school year], an educator employed under a 10-month

 78-4    contract must provide a minimum of 185 [183] days of service.  This

 78-5    subsection expires September 1, 1999 [1997].

 78-6          [(a-2)  For the 1996-1997 school year, an educator employed

 78-7    under a 10-month contract must provide a minimum of 185 days of

 78-8    service.  This subsection expires September 1, 1997.]

 78-9          (b)  An educator employed under a 10-month contract must

78-10    provide a minimum number of days of service as determined by the

78-11    following formula:

78-12                 MDS = 185 + (0.33 X (GL1 - GL2)(GL2/185)

78-13                           [(R1 - R2)/(R2/183)])

78-14    where:

78-15          "MDS" is the minimum number of days of service;

78-16          "GL1" ["R1"] is equal to the guaranteed level of state and

78-17    local funds per student per cent of tax effort as provided by

78-18    Section 42.101 [FSP/ADA as determined under Section 21.402] for the

78-19    fiscal year; and

78-20          "GL2" ["R2"] is equal to the guaranteed level of state and

78-21    local funds per student per cent of tax effort as provided by

78-22    Section 42.101 [FSP/ADA as determined under Section 21.402] for the

78-23    1998-1999 [1994-1995] school year.

78-24          (b-1)  Subsection (b) applies beginning with the 1999-2000

78-25    [1997-1998] school year.  This subsection expires January 1, 2000

78-26    [1998].

78-27          (c)  The result of the formula prescribed by Subsection (b)

 79-1    shall be rounded to the nearest whole number.

 79-2          (d)  The commissioner, as provided by Section 25.081(b), may

 79-3    reduce the number of days of service required by this section.  A

 79-4    reduction by the commissioner does not reduce an educator's salary.

 79-5          SECTION 1.14.  Subchapter I, Chapter 21, Education Code, is

 79-6    amended by adding Section 21.4011 to read as follows:

 79-7          Sec. 21.4011.  MINIMUM SALARY SCHEDULE FOR CLASSROOM TEACHERS

 79-8    AND FULL-TIME LIBRARIANS FOR 1997-1998 AND 1998-1999 SCHOOL YEARS.

 79-9    (a)  This section applies only to the 1997-1998 and 1998-1999

79-10    school years.

79-11          (b)  Except as provided by Subsection (d), a school district

79-12    must pay each classroom teacher or full-time librarian not less

79-13    than the minimum monthly salary, based on the employee's level of

79-14    experience, as follows:

79-15    Years Experience         0         1         2         3         4

79-16    Minimum Salary        1,995     2,049     2,103     2,157     2,271

79-17    Years Experience         5         6         7         8         9

79-18    Minimum Salary        2,384     2,498     2,604     2,704     2,798

79-19    Years Experience        10        11        12        13        14

79-20    Minimum Salary        2,887     2,972     3,052     3,127     3,198

79-21    Years Experience        15        16        17        18        19

79-22    Minimum Salary        3,265     3,329     3,389     3,446     3,500

79-23    Years Experience  20 and over

79-24    Minimum Salary        3,551

79-25          (c)  Placement of a classroom teacher or full-time librarian

79-26    on the minimum salary schedule provided by this section is

79-27    determined in accordance with Section 21.403.

 80-1          (d)  Notwithstanding Subsection (b), a teacher or librarian

 80-2    who received a career ladder supplement on August 31, 1993, is

 80-3    entitled to at least the same gross monthly salary the teacher or

 80-4    librarian received for the 1994-1995 school year as long as the

 80-5    teacher or librarian is employed by the same district.

 80-6          (e)  In this section, "gross monthly salary" must include the

 80-7    amount a teacher or librarian received that represented a career

 80-8    ladder salary supplement under Section 16.057, as that section

 80-9    existed January 1, 1993.

80-10          (f)  This section expires September 1, 1999.

80-11          SECTION 1.15.  Section 21.402, Education Code, is amended to

80-12    read as follows:

80-13          Sec. 21.402.  MINIMUM SALARY SCHEDULE FOR CLASSROOM TEACHERS

80-14    AND FULL-TIME LIBRARIANS.  (a)  Except as provided by Subsection

80-15    (c) or (d) [or (e)], a school district must pay each classroom

80-16    teacher or full-time librarian not less than the minimum monthly

80-17    salary, based on the employee's level of experience, determined by

80-18    the following formula:

80-19                         MS = SF X GL [(FSP/ADA)]

80-20    where:

80-21          "MS" is the minimum monthly salary;

80-22          "SF" is the applicable salary factor specified by Subsection

80-23    (c); and

80-24          "GL" is the guaranteed level of state and local funds per

80-25    student per cent of tax effort provided by Section 42.101 ["FSP" is

80-26    the amount appropriated in the General Appropriations Act for the

80-27    fiscal year for the Foundation School Program, as determined by the

 81-1    commissioner as provided by Subsection (b); and]

 81-2          ["ADA" is the total estimated average daily attendance, as

 81-3    defined by Section 42.005, used for purposes of the General

 81-4    Appropriations Act for the fiscal year].

 81-5          (b)  [Not later than June 1 of each year, the commissioner

 81-6    shall determine the amount appropriated for purposes of Chapter 42

 81-7    for the state fiscal year beginning September 1.  The commissioner

 81-8    shall exclude from the determination:]

 81-9                [(1)  amounts designated solely for use in connection

81-10    with school facilities or for payment of principal of and interest

81-11    on bonds; and]

81-12                [(2)  local funds received under Subchapter D, Chapter

81-13    41.]

81-14          [(c)]  The salary factors per step are as follows: 

81-15    Years Experience              0                    1                   2

81-16    Salary Factor       37.5353  [.8470]    38.5513  [.8699]   39.5673  [.8928]

81-17    Years Experience              3                    4                   5

81-18    Salary Factor       40.5833  [.9156]    42.7281  [.9639]   44.8542 [1.0122]

81-19    Years Experience              6                    7                   8

81-20    Salary Factor       46.9991 [1.0605]    46.9934 [1.1054]   50.8749 [1.1477]

81-21    Years Experience              9                   10                  11

81-22    Salary Factor       52.6435 [1.1879]    54.3180 [1.2256]   55.9172 [1.2616]

81-23    Years Experience             12                   13                  14

81-24    Salary Factor       57.4224 [1.2955]    58.8335 [1.3273]   60.1693 [1.3578]

81-25    Years Experience             15                   16                  17

81-26    Salary Factor       61.4299 [1.3862]    62.6341 [1.4133]   63.7629 [1.4387]

81-27    Years Experience             18                   19              20 and over

 82-1    Salary Factor       64.8354 [1.4628]    65.8514 [1.4857]   66.8109 [1.5073]

 82-2          (c) [(d)]  If the minimum monthly salary determined under

 82-3    Subsection (a)  for a particular level of experience is less than

 82-4    the minimum monthly salary for that level of experience in the

 82-5    preceding year, the minimum monthly salary is the minimum monthly

 82-6    salary for the preceding year.

 82-7          (d) [(e)]  Notwithstanding Subsection (a), a teacher or

 82-8    librarian who received a career ladder supplement on August 31,

 82-9    1993, is entitled to at least the same gross monthly salary the

82-10    teacher or librarian received for the 1994-1995 school year as long

82-11    as the teacher or librarian is employed by the same district.

82-12          (e) [(f)]  In this section, "gross monthly salary" must

82-13    include the amount a teacher or librarian received that represented

82-14    a career ladder salary supplement under Section 16.057, as that

82-15    section existed January 1, 1993.

82-16          (f)  This section applies beginning with the 1999-2000 school

82-17    year.  This subsection expires January 1, 2000.

82-18          SECTION 1.16.  Section 29.002, Education Code, is amended to

82-19    read as follows:

82-20          Sec. 29.002.  DEFINITION.  In this subchapter, "special

82-21    services" means:

82-22                (1)  special instruction, which may be provided by

82-23    professional and paraprofessional personnel in the regular

82-24    classroom or in an instructional arrangement described by Sections

82-25    42.101(b)(2)-(13) [Section 42.151]; or

82-26                (2)  related services, which are developmental,

82-27    corrective, supportive, or evaluative services, not instructional

 83-1    in nature, that may be required for the proper development and

 83-2    implementation of a student's individualized education program.

 83-3          SECTION 1.17.  Section 29.008(b), Education Code, is amended

 83-4    to read as follows:

 83-5          (b)  Except as provided by Subsection (c), costs of an

 83-6    approved contract for residential placement may be paid from a

 83-7    combination of federal, state, and local funds.  The local share

 83-8    under this section of the total contract cost for each student is

 83-9    that portion of the local tax effort that exceeds the district's

83-10    local share [fund assignment] under Section 42.252, divided by the

83-11    average daily attendance in the district.  If the contract involves

83-12    a private facility, the state share of the total contract cost is

83-13    that amount remaining after subtracting the local share under this

83-14    section.   If the contract involves a public facility, the state

83-15    share is  that amount remaining after subtracting the local share

83-16    from the portion of the contract that involves the costs of

83-17    instructional and related services.  For purposes of this

83-18    subsection, "local tax effort" means the total amount of money

83-19    generated by taxes imposed for debt service and maintenance and

83-20    operation.

83-21          SECTION 1.18.  Section 29.014, Education Code, is amended by

83-22    amending Subsection (d) and adding Subsection (e) to read as

83-23    follows:

83-24          (d)  The guaranteed level of state and local funds per

83-25    student [basic allotment] for a student enrolled in a district to

83-26    which this section applies is adjusted by:

83-27                (1)  the cost of education adjustment under Section

 84-1    42.103 [42.102] for the school district in which the district is

 84-2    geographically located; and

 84-3                (2)  the student multiplier [weight] for a homebound

 84-4    student under Section 42.101(b)(3) [42.151(a)].

 84-5          (e)  The commissioner shall distribute to school districts

 84-6    funds appropriated for programs under this section.  The program

 84-7    established under this section is required only in school districts

 84-8    in which the program is financed by funds distributed under this

 84-9    subsection and any other funds available for the program.

84-10          SECTION 1.19.  Section 29.081, Education Code, is amended by

84-11    adding Subsection (g) to read as follows:

84-12          (g)  The commissioner shall distribute funds appropriated for

84-13    purposes of this subsection to school  districts that incur

84-14    unanticipated expenditures resulting from a significant increase in

84-15    the enrollment of students who do not have disabilities and who

84-16    reside in residential placement facilities.

84-17          SECTION 1.20.  Section 29.082(a), Education Code, is amended

84-18    to read as follows:

84-19          (a)  A school district may set aside an amount from the

84-20    district's allotment for compensatory education under Chapter 42

84-21    [Section 42.152] or may apply to the commissioner [agency] for

84-22    funding of an extended year program for a period not to exceed 30

84-23    instructional days for students in kindergarten through grade 8 who

84-24    are identified as likely not to be promoted to the next grade level

84-25    for the succeeding school year.  Funding distributed by the

84-26    commissioner under this subsection shall be from  amounts

84-27    appropriated for extended year programs.  In distributing funds

 85-1    under this subsection, the commissioner shall give priority to

 85-2    applications submitted by districts that have high concentrations

 85-3    of educationally disadvantaged students.

 85-4          SECTION 1.21.  Section 29.085, Education Code, is amended by

 85-5    adding Subsections (e) and (f) to read as follows:

 85-6          (e)  The commissioner shall, each fiscal  year, distribute to

 85-7    school districts funds  appropriated for programs under this

 85-8    section.  In distributing those funds, preference shall  be given

 85-9    to a school district that received funds for a program under this

85-10    section for the preceding school year.  The program established

85-11    under this section is required only in school districts in which

85-12    the program is financed by funds distributed under this subsection

85-13    and any other funds available for the program.

85-14          (f)  The commissioner shall coordinate the funds distributed

85-15    under Subsection (e) with any other funds available for the

85-16    program.  To receive funds for the program, a school district must

85-17    apply to the commissioner.  The commissioner shall give a

85-18    preference to the districts that apply that have the highest

85-19    concentration of students who are pregnant or who are parents.

85-20          SECTION 1.22.  Subchapter D, Chapter 29, Education Code, is

85-21    amended by adding Section 29.124 to read as follows:

85-22          Sec. 29.124.  FUNDING OF ADDITIONAL PROGRAMS.  The

85-23    commissioner shall distribute to school districts funds

85-24    appropriated for programs such as MATHCOUNTS, Future Problem

85-25    Solving, Odyssey of the Mind, and Academic Decathlon, as long as

85-26    these funds are used to train personnel and provide program

85-27    services.  To be eligible for funding under this section, a program

 86-1    must be determined by the State Board of Education to provide

 86-2    services that are effective and consistent with the state plan for

 86-3    gifted and talented education.

 86-4          SECTION 1.23.  Section 29.203(b), Education Code, is amended

 86-5    to read as follows:

 86-6          (b)  A student's public education grant is the total state

 86-7    and local funding per student for the school district in which the

 86-8    student resides.  Total funding from state and local sources

 86-9    includes funding based on student multipliers under Section

86-10    42.101(b) [special allotments under Subchapter C, Chapter 42], but

86-11    does not include small district, sparsity, and cost of education

86-12    adjustments and allotments for technology and transportation.  A

86-13    student's public education grant is the entitlement of the student,

86-14    under the supervision of the student's parent, guardian, or

86-15    custodian, is not an entitlement of any school district, and is

86-16    paid to a school district solely as a means of administrative

86-17    convenience.

86-18          SECTION 1.24.  Section 29.256(c), Education Code, is amended

86-19    to read as follows:

86-20          (c)  The cost to the state shall be paid from the foundation

86-21    school fund.  [The foundation school fund budget committee shall

86-22    consider that cost in estimating the funds needed for Foundation

86-23    School Program purposes.]

86-24          SECTION 1.25.  Section 29.257(a), Education Code, is amended

86-25    to read as follows:

86-26          (a)  The legislature may appropriate money from the

86-27    foundation school fund to the agency for developing and

 87-1    implementing community education projects.  [The foundation school

 87-2    fund budget committee shall consider the cost of community

 87-3    education development projects in estimating the money needed for

 87-4    foundation school fund purposes.]  The agency shall actively seek

 87-5    gifts, grants, or other donations for purposes related to community

 87-6    education development projects, unless the acceptance is prohibited

 87-7    by other law.  Money received under this subsection shall be

 87-8    deposited in the account established under Subsection (b) and may

 87-9    be appropriated only for the purpose for which the money was given.

87-10          SECTION 1.26.  Section 30.087(b), Education Code, is amended

87-11    to read as follows:

87-12          (b)  From the amount appropriated for regional day school

87-13    programs, the commissioner shall allocate funds to each program

87-14    based on the number of [weighted] full-time equivalent students,

87-15    adjusted by the appropriate student multiplier under Section

87-16    42.101(b), served.  The commissioner may consider local resources

87-17    available in allocating funds under this subsection.

87-18          SECTION 1.27.  Section 31.021(b), Education Code, is amended

87-19    to read as follows:

87-20          (b)  The State Board of Education shall annually set aside

87-21    out of the available school fund of the state an amount sufficient

87-22    for the board, school districts, and open-enrollment charter

87-23    schools to purchase and distribute the necessary textbooks for the

87-24    use of the students of this state for the following school year.

87-25    The board shall determine the amount of the available school fund

87-26    to set aside for the state textbook fund based on:

87-27                (1)  a report by the commissioner issued on July 1 or,

 88-1    if that date is a Saturday or Sunday, on the following Monday,

 88-2    stating the amount of unobligated money in the fund;

 88-3                (2)  a requirement to provide an allotment to be

 88-4    distributed to each district equal to $30 per student in average

 88-5    daily attendance, or a greater amount for any year provided by

 88-6    appropriation [as determined under Subsection (c)], to be used only

 88-7    to:

 88-8                      (A)  provide for the purchase by school districts

 88-9    of electronic textbooks or technological equipment that contributes

88-10    to student learning; and

88-11                      (B)  pay for training educational personnel

88-12    directly involved in student learning in the appropriate use of

88-13    electronic textbooks and for providing for access to technological

88-14    equipment for instructional use;

88-15                (3)  the commissioner's estimate, based on textbooks

88-16    selected under Section 31.101 and on attendance reports submitted

88-17    under Section 31.103 by school districts and open-enrollment

88-18    charter schools, of the amount of funds, in addition to funds

88-19    reported under Subdivision (1), that will be necessary for purchase

88-20    and distribution of textbooks for the following school year; and

88-21                (4)  any amount the board determines should be set

88-22    aside for emergency purposes caused by unexpected increases in

88-23    attendance.

88-24          SECTION 1.28.  Section 33.001, Education Code, is amended to

88-25    read as follows:

88-26          Sec. 33.001.  APPLICABILITY OF SUBCHAPTER; FUNDING.  (a)

88-27    This subchapter applies only to a school district that receives

 89-1    funds under this section [as provided by Section 42.152(i)].

 89-2          (b)  The commissioner shall, each fiscal year, distribute

 89-3    funds appropriated for the purpose of programs under this

 89-4    subchapter.  In distributing those funds, preference shall be given

 89-5    to a school district that received funds for a program under this

 89-6    subsection for the preceding school year.

 89-7          (c)  The commissioner shall coordinate the funds distributed

 89-8    under Subsection (b) with any other funds available for the

 89-9    program.  To receive funds for the program, a school district must

89-10    apply to the commissioner.  The commissioner shall give a

89-11    preference to the districts that have the highest concentration of

89-12    at-risk students.  For each school year that a school district

89-13    receives funds under this section, the district shall allocate an

89-14    amount of local funds for school guidance and counseling programs

89-15    that is equal to or greater than the amount of local funds that the

89-16    school district allocated for that purpose during the preceding

89-17    school year.

89-18          SECTION 1.29.  Section 34.002(c), Education Code, is amended

89-19    to read as follows:

89-20          (c)  A school district that fails or refuses to comply with

89-21    the safety standards established under this section is ineligible

89-22    to share in the transportation allotment under Subchapter D,

89-23    Chapter 42, [Section 42.155] until the first anniversary of the

89-24    date the district begins complying with the safety standards.

89-25          SECTION 1.30.  Section 39.024(c), Education Code, is amended

89-26    to read as follows:

89-27          (c)  The agency shall develop and distribute study guides to

 90-1    assist parents in providing assistance during the period that

 90-2    school is recessed for summer to students who do not perform

 90-3    satisfactorily on one or more parts of an assessment instrument

 90-4    administered under this subchapter.  The commissioner shall use

 90-5    funds appropriated for that purpose [retain a portion of the total

 90-6    amount of funds allotted under Section 42.152(a) that the

 90-7    commissioner considers appropriate] to finance the development and

 90-8    distribution of the study guides [and shall reduce each district's

 90-9    allotment proportionately].

90-10          SECTION 1.31.  Section 39.031, Education Code, is amended to

90-11    read as follows:

90-12          Sec. 39.031.  COST.  [(a)]  The cost of preparing,

90-13    administering, or grading the assessment instruments and the [shall

90-14    be paid from the funds allotted under Section 42.152, and each

90-15    district shall bear the cost in the same manner described for a

90-16    reduction in allotments under Section 42.253.  If a district does

90-17    not receive an allotment under Section 42.152, the commissioner

90-18    shall subtract the cost from the district's other foundation school

90-19    fund allotments.]

90-20          [(b)  The]  cost of releasing the question and answer keys

90-21    under Section 39.023(d) shall be paid from amounts appropriated to

90-22    the agency for those purposes.

90-23          SECTION 1.32.  Section 39.182(a), Education Code, is amended

90-24    to read as follows:

90-25          (a)  The agency shall prepare and deliver to the governor,

90-26    the lieutenant governor, the speaker of the house of

90-27    representatives, each member of the legislature, the Legislative

 91-1    Budget Board, and the clerks of the standing committees of the

 91-2    senate and house of representatives with primary jurisdiction over

 91-3    the public school system a comprehensive report covering the

 91-4    preceding two school years and containing:

 91-5                (1)  an evaluation of the achievements of the state

 91-6    educational program in relation to the statutory goals for the

 91-7    public education system under Section 4.002;

 91-8                (2)  an evaluation of the status of education in the

 91-9    state as reflected by the academic excellence indicators adopted

91-10    under Section 39.051;

91-11                (3)  a summary compilation of overall student

91-12    performance on academic skills assessment instruments required by

91-13    Section 39.023, aggregated by grade level, subject area, campus,

91-14    and district, with appropriate interpretations and analysis and

91-15    disaggregated by race, ethnicity, sex, and socioeconomic status;

91-16                (4)  an evaluation of the correlation between student

91-17    grades and student performance on academic skills assessment

91-18    instruments required by Section 39.023;

91-19                (5)  a statement of the dropout rate of students in

91-20    grade levels 7 through 12, expressed in the aggregate and by grade

91-21    level;

91-22                (6)  a statement of the projected cross-sectional and

91-23    longitudinal dropout rates for grade levels 7 through 12 for the

91-24    next five years, assuming no state action is taken to reduce the

91-25    dropout rate;

91-26                (7)  a description of a systematic plan for reducing

91-27    the projected cross-sectional and longitudinal dropout rates to

 92-1    five percent or less for the 1997-1998 school year;

 92-2                (8)  a summary of the information required by Section

 92-3    29.083 regarding grade level retention of students;

 92-4                (9)  a list of each school district or campus that does

 92-5    not satisfy performance standards, with an explanation of the

 92-6    actions taken by the commissioner to improve student performance in

 92-7    the district or campus and an evaluation of the results of those

 92-8    actions;

 92-9                (10)  an evaluation of the status of the curriculum

92-10    taught in public schools, with recommendations for legislative

92-11    changes necessary to improve or modify the curriculum required by

92-12    Section 28.002;

92-13                (11)  a description of all funds received by and each

92-14    activity and expenditure of the agency;

92-15                (12)  a summary and analysis of the compliance of

92-16    school districts with administrative cost ratios set by the

92-17    commissioner under Section 42.301 [42.201], including any

92-18    improvements and cost savings achieved by school districts;

92-19                (13)  a summary of the effect of deregulation,

92-20    including exemptions and waivers granted under Section 7.056 or

92-21    39.112;

92-22                (14)  a statement of the total number and length of

92-23    reports that school districts and school district employees must

92-24    submit to the agency, identifying which reports are required by

92-25    federal statute or rule, state statute, or agency rule, and a

92-26    summary of the agency's efforts to reduce overall reporting

92-27    requirements; and

 93-1                (15)  any additional information considered important

 93-2    by the commissioner or the State Board of Education.

 93-3          SECTION 1.33.  Section 43.002, Education Code, is amended to

 93-4    read as follows:

 93-5          Sec. 43.002.  TRANSFERS FROM GENERAL REVENUE FUND TO

 93-6    AVAILABLE FUND.  Of the amounts available for transfer from the

 93-7    general revenue fund to the available school fund for the months of

 93-8    January and February of each fiscal year, no more than the amount

 93-9    necessary to enable the comptroller to distribute from the

93-10    available school fund an amount equal to 9-1/2 percent of the

93-11    estimated annual available school fund apportionment to [category

93-12    1] school districts[, as defined by Section 42.259, and 3-1/2

93-13    percent of the estimated annual available school fund apportionment

93-14    to category 2 school districts, as defined by Section 42.259,] may

93-15    be transferred from the general revenue fund to the available

93-16    school fund.  Any remaining amount that would otherwise be

93-17    available for transfer for the months of January and February shall

93-18    be transferred from the general revenue fund to the available

93-19    school fund in equal amounts in June and in August of the same

93-20    fiscal year.

93-21          SECTION 1.34.  Section 45.002, Education Code, is amended to

93-22    read as follows:

93-23          Sec. 45.002.  MAINTENANCE AND OPERATIONS TAXES.  (a)  The

93-24    governing board of an independent school district, including the

93-25    city council or commission that has jurisdiction over a municipally

93-26    controlled independent school district, the governing board of a

93-27    rural high school district, and the commissioners court of a

 94-1    county, on behalf of each common school district under its

 94-2    jurisdiction, may levy, assess, and collect annual ad valorem taxes

 94-3    on all residential property in the district for the further

 94-4    maintenance and operations of public schools in the  district,

 94-5    subject to Sections [Section] 45.003 and 45.0031.

 94-6          (b)  In this section, "residential property" means that

 94-7    portion of real property used primarily for residential purposes

 94-8    and on which a structure used for a residential purpose is located.

 94-9    The term includes a single-family residence, a multifamily

94-10    residence, a mobile home, and the residential portion, not

94-11    exceeding 20 acres, of farm and ranch property.  The term does not

94-12    include:

94-13                (1)  a hotel or motel; or

94-14                (2)  land qualified for appraisal under Subchapter C,

94-15    D, or E, Chapter 23, Tax Code.

94-16          SECTION 1.35.  Sections 45.003(d) and (e), Education Code,

94-17    are amended to read as follows:

94-18          (d)  A proposition submitted to authorize the levy of

94-19    maintenance taxes must include the question of whether the

94-20    governing board or commissioners court may levy, assess, and

94-21    collect annual ad valorem taxes for the further maintenance of

94-22    public schools, at a rate not to exceed the rate[, which may be not

94-23    more than $1.50 on the $100 valuation of taxable property in the

94-24    district,] stated in the proposition.

94-25          (e)  Before issuing bonds, a district must demonstrate to the

94-26    attorney general with respect to the proposed issuance that the

94-27    district has a projected ability to pay the principal of and

 95-1    interest on the proposed bonds and all previously issued bonds

 95-2    other than bonds authorized to be issued at an election held on or

 95-3    before April 1, 1991, and issued before September 1, 1992, from a

 95-4    tax at a rate not to exceed $0.50 per $100 of valuation.  A

 95-5    district that demonstrates to the attorney general that the

 95-6    district's ability to comply with this subsection is contingent on

 95-7    receiving state assistance may not adopt a tax rate for a year for

 95-8    purposes of paying the principal of and interest on the bonds

 95-9    unless the district credits to the account of the interest and

95-10    sinking fund of the bonds the amount of state assistance received

95-11    or to be received in that year.

95-12          SECTION 1.36.  Subchapter A, Chapter 45, Education Code, is

95-13    amended by adding Section 45.0031 to read as follows:

95-14          Sec. 45.0031.  RATE LIMIT.  (a)  Except as provided by

95-15    Subsection (b),  a school district may not levy a tax for purposes

95-16    of maintenance and operations at a rate that exceeds 70 cents on

95-17    the $100 valuation of taxable property.

95-18          (b)  A school district may levy a tax for purposes of

95-19    maintenance and operations at a rate that exceeds 70 cents but does

95-20    not exceed 80 cents on the $100 valuation of taxable property if

95-21    the rate is approved by the voters of the district at an election

95-22    conducted after September 1, 1997, as provided by Section 45.003

95-23    and this section.

95-24          (c)  Revenue received from a tax levied under Subsection (b)

95-25    may only be used to provide educational enrichment beyond the basic

95-26    program under Chapter 42.

95-27          (d)  At an election under Subsection (b), the ballot shall be

 96-1    printed to permit voting for or against the proposition:

 96-2    "Authorizing the board of trustees of _____ School District to levy

 96-3    a tax on residential property at a rate not to exceed _____ (rate

 96-4    stated in proposition) for purposes of educational enrichment."

 96-5          (e)  A school district is not subject to Section 26.08, Tax

 96-6    Code, in connection with an increase in the district's tax rate for

 96-7    which the district conducts an election under Subsection (b).

 96-8          SECTION 1.37.  Section 45.105(c), Education Code, is amended

 96-9    to read as follows:

96-10          (c)  Local school funds from district taxes, tuition fees of

96-11    students not entitled to a free education, and other local sources

96-12    may be used for the purposes listed for state and county funds and

96-13    for purchasing appliances and supplies, paying insurance premiums,

96-14    paying janitors and other employees, buying school sites, buying,

96-15    building, repairing, and renting school buildings, including

96-16    acquiring school buildings and sites by leasing through annual

96-17    payments with an ultimate option to purchase, and [paying] for

96-18    other purposes [goods and services] necessary in the conduct of the

96-19    public schools determined by the board of trustees.  The accounts

96-20    and vouchers for county districts must be approved by the county

96-21    superintendent.  If the state available school fund in any

96-22    municipality or district is sufficient to maintain the schools in

96-23    any year for at least eight months and leave a surplus, the surplus

96-24    may be spent for the purposes listed in this subsection.

96-25          SECTION 1.38.  Sections 74.066(a) and (b), Education Code,

96-26    are amended to read as follows:

96-27          (a)  To provide for the continuance of educational programs

 97-1    for persons who are inpatients and outpatients at The University of

 97-2    Texas Medical Branch at Galveston and for students in the Moody

 97-3    State School for Cerebral Palsied Children, the commissioner of

 97-4    education shall develop and the State Board of Education shall

 97-5    adopt a formula for the allocation of state special education funds

 97-6    on a basis similar to that provided for independent school

 97-7    districts, except that no local share [fund assignment] shall be

 97-8    charged to the schools.

 97-9          (b)  State funds for the support of the special school and

97-10    the Moody State School shall be paid from the foundation school

97-11    fund [and shall be considered by the Foundation School Fund Budget

97-12    Committee in estimating the funds needed for Foundation School

97-13    Program purposes].

97-14          SECTION 1.39.  Section 96.707, Education Code, is amended by

97-15    adding Subsection (k) to read as follows:

97-16          (k)  For each student enrolled in the academy, the academy is

97-17    entitled to allotments from the Foundation School Program under

97-18    Chapter 42 as if the academy were a school district, except that

97-19    the academy has a local share applied that is equivalent to the

97-20    local share of the Beaumont Independent School District.

97-21          SECTION 1.40.  Section 105.95(e), Education Code, is amended

97-22    to read as follows:

97-23          (e)  The academy is not subject to the provisions of this

97-24    code, or to the rules of the Texas Education Agency, regulating

97-25    public schools, except that:

97-26                (1)  professional employees of the academy are entitled

97-27    to the limited liability of an employee under Section 22.051 or

 98-1    22.052;

 98-2                (2)  a student's attendance at the academy satisfies

 98-3    compulsory school attendance requirements; and

 98-4                (3)  for each student enrolled, the academy is entitled

 98-5    to allotments from the foundation school program under Chapter 42

 98-6    as if the academy were a school district, except that the academy

 98-7    has a local share applied that is equivalent to the local share

 98-8    [fund assignment] of the Denton Independent School District.

 98-9          SECTION 1.41.  Section 316.002(a), Government Code, is

98-10    amended to read as follows:

98-11          (a)  Before the Legislative Budget Board submits the budget

98-12    as prescribed by Section 322.008(c) [322.008(b)], the board shall

98-13    establish:

98-14                (1)  the estimated rate of growth of the state's

98-15    economy from the current biennium to the next biennium;

98-16                (2)  the level of appropriations for the current

98-17    biennium from state tax revenues not dedicated by the constitution;

98-18    and

98-19                (3)  the amount of state tax revenues not dedicated by

98-20    the constitution that could be appropriated for the next biennium

98-21    within the limit established by the estimated rate of growth of the

98-22    state's economy.

98-23          SECTION 1.42.  Section 317.005(f), Government Code, is

98-24    amended to read as follows:

98-25          (f)  The governor or board may adopt an order under this

98-26    section withholding or transferring any portion of the total amount

98-27    appropriated to finance the foundation school program for a fiscal

 99-1    year.  The governor or board may not adopt such an order if it

 99-2    would result in an allocation of money between particular programs

 99-3    or statutory allotments under the foundation school program

 99-4    contrary to the statutory proration formula provided by Section

 99-5    42.253(h) [16.254(h)], Education Code.  The governor or board may

 99-6    transfer an amount to the total amount appropriated to finance the

 99-7    foundation school program for a fiscal year and may increase the

 99-8    guaranteed level of state and local funds per student [basic

 99-9    allotment].  The governor or board may adjust allocations of

99-10    amounts between particular programs or statutory allotments under

99-11    the foundation school program only for the purpose of conforming

99-12    the allocations to actual student [pupil] enrollments or

99-13    attendance.

99-14          SECTION 1.43.  Section 322.008(b), Government Code, is

99-15    amended to read as follows:

99-16          (b)  The [Not later than the 1994-1995 school year, the]

99-17    general appropriations bill may [shall] include for purposes of

99-18    information the funding elements computed [adopted] by the

99-19    Legislative Budget Board [foundation school fund budget committee]

99-20    under Section 42.007 [16.256(e)], Education Code, excluding the

99-21    values for each school district calculated under Section

99-22    42.007(c)(2), Education Code [Subdivision (2) of that subsection].

99-23    If the funding elements are included, the [The] funding elements

99-24    under Section 42.007(c)(3) [16.256(e)(3)], Education Code, shall be

99-25    reported in dollar amounts per student [pupil].

99-26          SECTION 1.44.  Section 403.302, Government Code, is amended

99-27    to read as follows:

 100-1         Sec. 403.302.  DETERMINATION OF SCHOOL DISTRICT PROPERTY

 100-2   VALUES.  (a)  The comptroller shall conduct an annual study using

 100-3   comparable sales and generally accepted auditing and sampling

 100-4   techniques to determine the total value of all taxable property in

 100-5   each school district for purposes of maintenance and operations

 100-6   taxes and the total value of all taxable property in each school

 100-7   district for purposes of debt service taxes.  The study shall

 100-8   determine the taxable value of all property and of each category of

 100-9   property in the district and the productivity value of all land

100-10   that qualifies for appraisal on the basis of its productive

100-11   capacity and for which the owner has applied for and received a

100-12   productivity appraisal.  [The comptroller shall make appropriate

100-13   adjustments in the study to account for actions taken under Chapter

100-14   41, Education Code.]

100-15         (b)  In conducting the study, the comptroller shall review

100-16   the appraisal standards, procedures, and methodology used by each

100-17   appraisal district to determine the taxable value of property in

100-18   each school district.  The review must test the validity of the

100-19   taxable values assigned to each category of property by the

100-20   appraisal district:

100-21               (1)  using, if appropriate, samples selected through

100-22   generally accepted sampling techniques; and

100-23               (2)  according to generally accepted standard

100-24   valuation, statistical compilation, and analysis techniques.

100-25         (c)  If the comptroller finds in the annual study that

100-26   generally accepted appraisal standards and practices were used by

100-27   the appraisal district in valuing a particular category of

 101-1   property, and that the taxable values assigned to each category of

 101-2   property by the appraisal district are valid, the appraisal roll

 101-3   value of that category of property is presumed to represent taxable

 101-4   value.  In the absence of such a presumption, the comptroller shall

 101-5   estimate the taxable value of that category of property using

 101-6   generally accepted standard valuation, statistical compilation, and

 101-7   analysis techniques.

 101-8         (d)  In this section, "taxable value" for purposes of

 101-9   maintenance and operations taxes means the market value of

101-10   residential property less:

101-11               (1)  the total dollar amount of any exemptions of part

101-12   but not all of the value of taxable property required by the

101-13   constitution in the year that is the subject of the study; and

101-14               (2)  the portion of the appraised value of residence

101-15   homesteads of the elderly on which school district taxes are not

101-16   imposed in the year that is the subject of the study, calculated as

101-17   if the residence homesteads were appraised at the full value

101-18   required by law.

101-19         (e)  In [For the purposes of] this section, "taxable value"

101-20   for purposes of debt service taxes means market value less:

101-21               (1)  the total dollar amount of any exemptions of part

101-22   but not all of the value of taxable property required by the

101-23   constitution or a statute that a district lawfully granted in the

101-24   year that is the subject of the study;

101-25               (2)  the total dollar amount of any exemptions granted

101-26   before May 31, 1993, within a reinvestment zone under agreements

101-27   authorized by Chapter 312, Tax Code;

 102-1               (3)  the total dollar amount of any captured appraised

 102-2   value of property that is located in a reinvestment zone and that

 102-3   is eligible for tax increment financing under Chapter 311, Tax

 102-4   Code;

 102-5               (4)  the total dollar amount of any exemptions granted

 102-6   under Section 11.251, Tax Code;

 102-7               (5)  the difference between the market value and the

 102-8   productivity value of land that qualifies for appraisal on the

 102-9   basis of its productive capacity, except that the productivity

102-10   value may not exceed the fair market value of the land;

102-11               (6)  the portion of the appraised value of residence

102-12   homesteads of the elderly on which school district taxes are not

102-13   imposed in the year that is the subject of the study, calculated as

102-14   if the residence homesteads were appraised at the full value

102-15   required by law;

102-16               (7)  a portion of the market value of property not

102-17   otherwise fully taxable by the district at market value because of

102-18   action required by statute or the constitution of this state that,

102-19   if the tax rate adopted by the district is applied to it, produces

102-20   an amount equal to the difference between the tax that the district

102-21   would have imposed on the property if the property were fully

102-22   taxable at market value and the tax that the district is actually

102-23   authorized to impose on the property; and

102-24               (8)  the market value of all tangible personal

102-25   property, other than manufactured homes, owned by a family or

102-26   individual and not held or used for the production of income.

102-27         (f) [(e)]  The study shall determine the values as of January

 103-1   1 of each year.

 103-2         (g) [(f)]  The comptroller shall publish preliminary

 103-3   findings, listing values by district, before February 1 of the year

 103-4   following the year of the study.  Preliminary findings shall be

 103-5   delivered to each school district and shall be certified to the

 103-6   commissioner of education.

 103-7         (h) [(g)]  On request of the commissioner of education or a

 103-8   school district, the comptroller may audit a school district to

 103-9   determine the total taxable value of property in the school

103-10   district, including the productivity values of land only if the

103-11   land qualifies for appraisal on that basis and the owner of the

103-12   land has applied for and received a productivity appraisal.  The

103-13   comptroller shall certify the comptroller's findings to the

103-14   commissioner.

103-15         (i)  In this section, "residential property" has the meaning

103-16   assigned by Section 45.002, Education Code.

103-17         SECTION 1.45.  Sections 825.405(b), (h), and (i), Government

103-18   Code, are amended to read as follows:

103-19         (b)  For purposes of this section, the statutory minimum

103-20   salary is the salary provided by Section 21.402 or the former

103-21   Sections 16.056 and 16.058, Education Code, multiplied by the cost

103-22   of education adjustment applicable under Section 42.103 [42.102],

103-23   Education Code, to the district in which the member is employed.

103-24         (h)  This section does not apply to state contributions for

103-25   members employed by a school district in a school year if the

103-26   district's [effective] tax rate for maintenance and operation

103-27   revenues for the tax year that ended in the preceding school year

 104-1   equals or exceeds 125 percent of the statewide average [effective]

 104-2   tax rate for school district maintenance and operation revenues for

 104-3   that tax year.  For a tax year, the statewide average [effective]

 104-4   tax rate for school district maintenance and operation revenues is

 104-5   the tax rate that, if applied to the statewide total appraised

 104-6   value of taxable property for purposes of maintenance and

 104-7   operations taxes for every school district in the state determined

 104-8   under Section 403.302(d), would produce an amount equal to the

 104-9   statewide total amount of maintenance and operation taxes imposed

104-10   in the tax year for every school district in the state.

104-11         (i)  Not later than the seventh day after the final date the

104-12   comptroller certifies to the commissioner of education changes to

104-13   the property value study conducted under Subchapter M, Chapter 403

104-14   [Section 11.86, Education Code], the comptroller shall certify to

104-15   the retirement system [Teacher Retirement System of Texas]:

104-16               (1)  the [effective] tax rate for school district

104-17   maintenance and operation revenues for each school district in the

104-18   state for the [immediately] preceding tax year; and

104-19               (2)  the statewide average [effective] tax rate for

104-20   school district maintenance and operation revenues for the

104-21   [immediately] preceding tax year.

104-22         SECTION 1.46.  The foundation school fund budget committee is

104-23   abolished.

104-24         SECTION 1.47.  This article applies beginning with the

104-25   1997-1998 school year.

104-26         SECTION 1.48.  An obligation or entitlement of a school

104-27   district in connection with state funding for the 1996-1997 or an

 105-1   earlier school year under Chapters 41 and 42, Education Code, as

 105-2   those chapters existed before amendment or repeal by this article,

 105-3   is not affected by this Act, and the prior law is continued in

 105-4   effect for that purpose.

 105-5         SECTION 1.49.  (a)  For the 1997 tax year, a school district

 105-6   may not:

 105-7               (1)  adopt a tax rate for purposes of maintenance and

 105-8   operations before September 1, 1997; or

 105-9               (2)  levy or collect a tax for purposes of maintenance

105-10   and operations at a rate adopted before September 1, 1997.

105-11         (b)  This Act does not affect the validity of a tax imposed

105-12   by a school district for the 1996 tax year or an earlier tax year.

105-13                     ARTICLE 2.  STATE PROPERTY TAX

105-14         SECTION 2.01.  The Tax Code is amended by adding Title 4 to

105-15   read as follows:

105-16                     TITLE 4.  STATE AD VALOREM TAX

105-17                   CHAPTER 501.  STATE AD VALOREM TAX

105-18         Sec. 501.001.  STATE AD VALOREM TAX.  (a)  A state ad valorem

105-19   tax for elementary and secondary public school purposes is levied

105-20   on all taxable real and tangible personal property in each county

105-21   of this state that is not taxable for maintenance and operations

105-22   purposes by a school district under Section 45.002, Education Code.

105-23         (b)  The state ad valorem tax rate is $1.05 on the $100

105-24   valuation of taxable property.

105-25         (c)  Except as otherwise provided by law, the state shall be

105-26   treated, for purposes of the state ad valorem tax, as a taxing unit

105-27   under Title 1.

 106-1         Sec. 501.002.  APPRAISAL OF PROPERTY.  (a)  Property subject

 106-2   to the state ad valorem tax shall be appraised by the appraisal

 106-3   district for the county in which the property is located.

 106-4         (b)  Property subject to the state ad valorem tax shall be

 106-5   appraised in the manner provided by Title 1 for the appraisal of

 106-6   property that is subject to ad valorem taxation by a county.

 106-7         Sec. 501.003.  TAX COLLECTION.  (a)  In each county, the

 106-8   assessor-collector for the county shall assess and collect state ad

 106-9   valorem taxes imposed on property in that county.

106-10         (b)  If the commissioners court of a county contracts with an

106-11   official, taxing unit, or political subdivision of this state for

106-12   the assessment or collection of the ad valorem taxes of the county,

106-13   the official, taxing unit, or political subdivision shall collect

106-14   the state ad valorem taxes imposed on property in that county.

106-15         (c)  Each assessor or collector of state ad valorem taxes is

106-16   entitled to be reimbursed by the comptroller for the actual costs

106-17   incurred by the assessor or collector in assessing or collecting

106-18   state ad valorem taxes.  However, an assessor or collector is not

106-19   entitled to be reimbursed for any amount that is greater than the

106-20   additional incremental costs incurred in assessing or collecting

106-21   the state ad valorem taxes.

106-22         (d)  The comptroller shall:

106-23               (1)  prescribe methods of accounting for and remitting

106-24   state ad valorem taxes;

106-25               (2)  prescribe methods for establishing an assessor's

106-26   or collector's additional incremental costs incurred in assessing

106-27   or collecting state ad valorem taxes;

 107-1               (3)  prescribe and furnish forms for periodic reports

 107-2   relating to state ad valorem taxes; and

 107-3               (4)  periodically examine the records of each assessor

 107-4   or collector of state ad valorem taxes to verify the accuracy of

 107-5   any reports required under this subsection.

 107-6         Sec. 501.004.  DUTIES AND POWERS OF COMPTROLLER.  Except as

 107-7   otherwise provided by this chapter, a duty or power imposed on or

 107-8   granted to the governing body of a taxing unit by Title 1 may, for

 107-9   purposes of the state ad valorem tax, be exercised by the

107-10   comptroller, and a reference to the presiding officer of a

107-11   governing body in Title 1 is a reference to the comptroller for the

107-12   purposes of the state tax.

107-13         Sec. 501.005.  IDENTIFICATION OF PROPERTY SUBJECT TO TAX.

107-14   (a)  The chief appraiser of each appraisal district shall identify

107-15   the property in the county for which the appraisal district is

107-16   established that is subject to the state ad valorem tax.

107-17         (b)  The comptroller by rule shall establish guidelines to

107-18   assist in making those identifications and to provide uniformity in

107-19   the application of this chapter throughout the state.

107-20         Sec. 501.006.  ADMINISTRATION AND REFUND ACCOUNTS.  The

107-21   comptroller shall deposit to the credit of the general revenue fund

107-22   in appropriately designated accounts an amount of revenue collected

107-23   from the state ad valorem tax to pay for the comptroller's expenses

107-24   in administering this chapter and for the payment of tax refunds

107-25   that may become payable.

107-26         Sec. 501.007.  NONAPPLICABILITY OF CERTAIN OTHER TAX LAWS.

107-27   Title 2 does not apply to the state ad valorem tax imposed under

 108-1   this chapter.

 108-2         SECTION 2.02.  (a)  Section 5.05(a), Tax Code, is amended to

 108-3   read as follows:

 108-4         (a)  The comptroller shall prepare and issue:

 108-5               (1)  [a general appraisal manual;]

 108-6               [(2)  special appraisal manuals;]

 108-7               [(3)]  cost, price, and depreciation schedules, with

 108-8   provision for inserting local market index factors and with a

 108-9   standard procedure for determining local market index factors;

108-10               (2) [(4)]  news and reference bulletins;

108-11               (3) [(5)]  annotated digests of all laws relating to

108-12   property taxation; and

108-13               (4) [(6)]  a handbook of all rules promulgated by the

108-14   comptroller relating to the property tax and its administration.

108-15         (b)  Section 5.05(d), Tax Code, is repealed.

108-16         SECTION 2.03.  Section 6.03, Tax Code, is amended by adding

108-17   Subsection (n) to read as follows:

108-18         (n)  For purposes of this section, the voting entitlement of

108-19   a school district is calculated as if the state ad valorem taxes

108-20   imposed for the preceding year on property appraised by the

108-21   appraisal district for taxation by the school district were taxes

108-22   imposed in the appraisal district by the school district.

108-23         SECTION 2.04.  Subchapter A, Chapter 6, Tax Code, is amended

108-24   by adding Section 6.038 to read as follows:

108-25         Sec. 6.038.  STATE PARTICIPATION.  (a)  The comptroller and

108-26   the state do not participate in the election of the board of

108-27   directors of an appraisal district, the governance or management of

 109-1   the district, or the determination of the district's finances and

 109-2   budget.

 109-3         (b)  The comptroller by rule shall establish guidelines and

 109-4   criteria under which, if the comptroller finds that generally

 109-5   accepted appraisal standards and practices were not used by the

 109-6   appraisal district appraising property subject to the state ad

 109-7   valorem tax or that the appraised values assigned to property

 109-8   subject to that tax are invalid, the comptroller may:

 109-9               (1)  withhold payment of all or part of the portion of

109-10   the amount of the budget of the appraisal district that is

109-11   allocated to the state until the district takes appropriate actions

109-12   to remedy the deficiencies in appraisals found by the comptroller;

109-13   or

109-14               (2)  direct that all or any part of the portion of the

109-15   amount of the budget of the district allocated to the state be

109-16   applied to remedying those deficiencies.

109-17         SECTION 2.05.  Section 6.06, Tax Code, is amended by amending

109-18   Subsection (d) and adding Subsection (l) to read as follows:

109-19         (d)  The state and each [Each] taxing unit participating in

109-20   the district is allocated a portion of the amount of the budget

109-21   equal to the proportion that the total dollar amount of property

109-22   taxes imposed in the district by the state or taxing unit for the

109-23   tax year in which the budget proposal is prepared bears to the sum

109-24   of the total dollar amount of property taxes imposed in the

109-25   district by the state and each participating unit for that year.

109-26   For purposes of this subsection, only state ad valorem taxes

109-27   imposed in the county for which the district is established are

 110-1   considered as state ad valorem taxes imposed in the district.  If a

 110-2   taxing unit participates in two or more districts, only the taxes

 110-3   imposed in a district are used to calculate the unit's cost

 110-4   allocations in that district.  If the number of real property

 110-5   parcels in a taxing unit is less than 5 percent of the total number

 110-6   of real property parcels in the district and the taxing unit

 110-7   imposes in excess of 25 percent of the total amount of the property

 110-8   taxes imposed in the district by all of the participating taxing

 110-9   units for a year, the unit's allocation may not exceed a percentage

110-10   of the appraisal district's budget equal to three times the unit's

110-11   percentage of the total number of real property parcels appraised

110-12   by the district.

110-13         (l)  For the 1997 budget of an appraisal district, the state

110-14   is not required to contribute to the budget of the district.  The

110-15   allocation of the 1997 budget shall be made as provided by

110-16   Subsection (d) as that subsection existed on January 1, 1997.  This

110-17   subsection expires January 1, 1998.

110-18         SECTION 2.06.  Section 11.13, Tax Code, is amended by

110-19   amending Subsections (d), (f), and (n) and adding Subsection (n-1)

110-20   to read as follows:

110-21         (d)  In addition to the exemptions provided by Subsections

110-22   (b) and (c) [of this section], an individual who is disabled or is

110-23   65 or older is entitled to an exemption from taxation by a taxing

110-24   unit other than a school district, or to an exemption from taxation

110-25   by a school district for debt service purposes, of a portion (the

110-26   amount of which is fixed as provided by Subsection (e) [of this

110-27   section]) of the appraised value of the individual's [his]

 111-1   residence homestead if the exemption is adopted either:

 111-2               (1)  by the governing body of the taxing unit; or

 111-3               (2)  by a favorable vote of a majority of the qualified

 111-4   voters of the taxing unit at an election called by the governing

 111-5   body of a taxing unit, and the governing body shall call the

 111-6   election on the petition of at least 20 percent of the number of

 111-7   qualified voters who voted in the preceding election of the taxing

 111-8   unit.

 111-9         (f)  Once authorized, an exemption adopted as provided by

111-10   Subsection (d) [of this section] may be repealed or decreased or

111-11   increased in amount by the governing body of the taxing unit or by

111-12   the procedure authorized by Subdivision (2) of Subsection (d) [of

111-13   this section].  In the case of a decrease, the amount of the

111-14   exemption may not be reduced to less than $3,000 of the market

111-15   value.  For purposes of the exemption provided by Subsection (d)

111-16   for school district debt service taxes, the adoption of an

111-17   exemption under Subsection (d) when the exemption also applied to

111-18   school district taxes imposed for maintenance and operations

111-19   continues to apply to the district's debt service taxes until the

111-20   exemption is repealed, decreased, or increased as provided by this

111-21   section.

111-22         (n)  In addition to any other exemptions provided by this

111-23   section, an individual is entitled to an exemption from taxation by

111-24   a taxing unit other than a school district, or to an exemption from

111-25   taxation by a school district for debt service purposes, of a

111-26   percentage of the appraised value of the individual's [his]

111-27   residence homestead if the exemption is adopted by the governing

 112-1   body of the taxing unit before May 1 in the manner provided by law

 112-2   for official action by the body.  If the percentage set by the

 112-3   taxing unit produces an exemption in a tax year of less than $5,000

 112-4   when applied to a particular residence homestead, the individual is

 112-5   entitled to an exemption of $5,000 of the appraised value.  The

 112-6   percentage adopted by the taxing unit may not exceed 20 percent.

 112-7         (n-1)  This subsection expires January 1, 1999.  For purposes

 112-8   of taxes imposed for 1997 by a school district for debt service

 112-9   purposes:

112-10               (1)  the governing body of the school district may

112-11   adopt the exemption provided by Subsection (n) at any time before

112-12   the governing board adopts the 1997 debt service tax rate, and the

112-13   May 1 deadline provided by Subsection (n) does not apply; and

112-14               (2)  the adoption of an exemption provided by

112-15   Subsection (n) before this subsection took effect applicable to the

112-16   school district's 1997 taxes applies to the district's 1997 taxes

112-17   for debt service purposes unless the governing body revokes the

112-18   adoption for 1997 taxes at any time before the governing board

112-19   adopts the 1997 debt service tax rate.

112-20         SECTION 2.07.  Section 11.14, Tax Code, is amended by adding

112-21   Subsection (f) to read as follows:

112-22         (f)  Subsection (c) does not apply to the comptroller or to

112-23   the state ad valorem tax.

112-24         SECTION 2.08.  Section 11.251(i), Tax Code, is amended to

112-25   read as follows:

112-26         (i)  The exemption provided by Subsection (b) does not apply

112-27   to:

 113-1               (1)  taxation by a taxing  unit that took [takes]

 113-2   action to tax the property under Article VIII, Section 1-j,

 113-3   Subsection (b), [of the] Texas Constitution; or

 113-4               (2)  the state ad valorem tax.

 113-5         SECTION 2.09.  Section 11.26, Tax Code, is amended by

 113-6   amending Subsection (b) and adding Subsections (g), (h), and (i) to

 113-7   read as follows:

 113-8         (b)  If an individual makes improvements to the individual's

 113-9   [his] residence homestead, other than improvements required to

113-10   comply with governmental requirements or repairs, the school

113-11   district may increase the tax on the homestead in the first year

113-12   the value of the homestead is increased on the appraisal roll

113-13   because of the enhancement of value by the improvements.  The

113-14   amount of the tax increase is determined by applying the current

113-15   applicable tax rates [rate] to the difference in the assessed value

113-16   of the homestead with the improvements and the assessed value it

113-17   would have had without the improvements.  The limitations imposed

113-18   by Subsection (a), (g), or (h), as applicable, [of this section]

113-19   then apply to the increased amount of tax until more improvements,

113-20   if any, are made.

113-21         (g)  This subsection applies only to an individual 65 years

113-22   of age or older who qualified the individual's residence homestead

113-23   for the limitation provided by Section 1-b(d), Article VIII, Texas

113-24   Constitution, before January 1, 1998, or to a surviving spouse who

113-25   qualified for the limitation provided by Section 1-b(d) for a

113-26   surviving spouse before that date.  Except as provided by

113-27   Subsection (b), the maximum amount of tax that a school district

 114-1   may impose on the residence homestead of the individual or the

 114-2   surviving spouse is the lesser of:

 114-3               (1)  the total amount of taxes the district imposed on

 114-4   the residence homestead in the first year the individual or

 114-5   surviving spouse qualified the residence homestead for the

 114-6   applicable limitation; or

 114-7               (2)  the amount computed by multiplying the district's

 114-8   1997 tax rate for maintenance and operations purposes by the 1997

 114-9   taxable value of the residence homestead for maintenance and

114-10   operations purposes, multiplying the district's 1997 tax rate for

114-11   debt service purposes by the 1997 taxable value of the residence

114-12   homestead for debt services purposes, and adding the products.

114-13         (h)  Except as provided by Subsection (b), if an individual

114-14   who receives a limitation on tax increases imposed by this section

114-15   subsequently qualifies a different residence homestead for an

114-16   exemption under Section 11.13, a school district may not impose ad

114-17   valorem taxes on the subsequently qualified homestead in a year in

114-18   an amount that exceeds the amount of taxes the school district

114-19   would have imposed on the subsequently qualified homestead in the

114-20   first year in which the individual receives that exemption for the

114-21   subsequently qualified homestead had the limitation on tax

114-22   increases imposed by this section not been in effect, multiplied by

114-23   a fraction the numerator of which is the total amount of school

114-24   district taxes imposed on the former homestead in the last year in

114-25   which the individual received that exemption for the former

114-26   homestead and the denominator of which is the total amount of

114-27   school district taxes that would have been imposed on the former

 115-1   homestead in the last year in which the individual received that

 115-2   exemption for the former homestead had the limitation on tax

 115-3   increases imposed by this section not been in effect.

 115-4         (i)  An individual who receives a limitation on tax increases

 115-5   under this section and who subsequently qualifies a different

 115-6   residence homestead for an exemption under Section 11.13, or an

 115-7   agent of the individual, is entitled to receive from the chief

 115-8   appraiser of the appraisal district in which the former homestead

 115-9   was located a written certificate providing the information

115-10   necessary to determine whether the individual may qualify for a

115-11   limitation on the subsequently qualified homestead under Subsection

115-12   (h) and to calculate the amount of taxes the school district may

115-13   impose on the subsequently qualified homestead.

115-14         SECTION 2.10.  Section 11.28, Tax Code, is amended to read as

115-15   follows:

115-16         Sec. 11.28.  PROPERTY EXEMPTED FROM [CITY] TAXATION BY TAX

115-17   ABATEMENT AGREEMENT.  (a)  The owner of property to which an

115-18   agreement made under the Property Redevelopment and Tax Abatement

115-19   Act (Chapter 312 [of this code]) applies is entitled to exemption

115-20   from taxation by an incorporated city or town or other taxing unit

115-21   of all or part of the value of the property as provided by the

115-22   agreement.

115-23         (b)  In each tax year after 1996 in which school district

115-24   taxes are abated on property covered by this subsection, the owner

115-25   of the property is entitled to an exemption from the state ad

115-26   valorem tax imposed by Chapter 501 of the portion of the value of

115-27   the property that is exempt from school district taxes according to

 116-1   the agreement.  This subsection applies only to property subject to

 116-2   the state ad valorem tax for which the agreement under Chapter 312

 116-3   to abate school district taxes on the property was executed:

 116-4               (1)  before January 1, 1997; or

 116-5               (2)  on or after January 1, 1997, if:

 116-6                     (A)  the property is located in a reinvestment

 116-7   zone created by a municipality that by ordinance or resolution

 116-8   adopted on or before April 1, 1997, expressed an intent to enter

 116-9   into an agreement to abate municipal taxes on the property;

116-10                     (B)  the municipality executed the agreement to

116-11   abate municipal taxes on the property on or before July 1, 1997;

116-12   and

116-13                     (C)  the agreement by the school district to

116-14   abate school district taxes on the property is executed in the time

116-15   permitted by Section 312.206(a) after the date the municipal

116-16   agreement described by Paragraph (B) is executed.

116-17         SECTION 2.11.  Section 21.03(a), Tax Code, is amended to read

116-18   as follows:

116-19         (a)  If personal property that is taxable by this state or a

116-20   taxing unit of this state is used continually outside this state,

116-21   whether regularly or irregularly, the appraisal office shall

116-22   allocate to this state the portion of the total market value of the

116-23   property that fairly reflects its use in this state.

116-24         SECTION 2.12.  Section 21.031(a), Tax Code, is amended to

116-25   read as follows:

116-26         (a)  If a vessel or other watercraft that is taxable by this

116-27   state or a taxing unit of this state is used continually outside

 117-1   this state, whether regularly or irregularly, the appraisal office

 117-2   shall allocate to this state the portion of the total market value

 117-3   of the vessel or watercraft that fairly reflects its use in this

 117-4   state.  The appraisal office shall not allocate to this state the

 117-5   portion of the total market value of the vessel or watercraft that

 117-6   fairly reflects its use in another state or country, in

 117-7   international waters, or beyond the Gulfward boundary of this

 117-8   state.

 117-9         SECTION 2.13.  Section 23.02, Tax Code, is amended by adding

117-10   Subsection (e) to read as follows:

117-11         (e)  This section does not apply to the state ad valorem tax

117-12   imposed under Chapter 501.

117-13         SECTION 2.14.  Section 23.46(d), Tax Code, is amended to read

117-14   as follows:

117-15         (d)  A tax lien attaches to the land on the date the sale or

117-16   change of use occurs to secure payment of the additional tax and

117-17   interest imposed by Subsection (c) [of this section] and any

117-18   penalties incurred.  The lien exists in favor of the state and all

117-19   taxing units for which the additional tax is imposed.

117-20         SECTION 2.15.  Section 23.55(b), Tax Code, is amended to read

117-21   as follows:

117-22         (b)  A tax lien attaches to the land on the date the change

117-23   of use occurs to secure payment of the additional tax and interest

117-24   imposed by this section and any penalties incurred.  The lien

117-25   exists in favor of the state and all taxing units for which the

117-26   additional tax is imposed.

117-27         SECTION 2.16.  Section 23.76(b), Tax Code, is amended to read

 118-1   as follows:

 118-2         (b)  A tax lien attaches to the land on the date the change

 118-3   of use occurs to secure payment of the additional tax and interest

 118-4   imposed by this section and any penalties incurred.  The lien

 118-5   exists in favor of the state and all taxing units for which the

 118-6   additional tax is imposed.

 118-7         SECTION 2.17.  Section 23.86(b), Tax Code, is amended to read

 118-8   as follows:

 118-9         (b)  A tax lien attaches to the land on the date the change

118-10   of use occurs or the deed restriction expires to secure payment of

118-11   the additional tax and interest imposed by this section and any

118-12   penalties incurred.  The lien exists in favor of the state and all

118-13   taxing units for which the additional tax is imposed.

118-14         SECTION 2.18.  Section 23.96(b), Tax Code, is amended to read

118-15   as follows:

118-16         (b)  A tax lien attaches to the property on the date the deed

118-17   restriction expires to secure payment of the additional tax and

118-18   interest imposed by this section and any penalties incurred.  The

118-19   lien exists in favor of the state and all taxing units for which

118-20   the additional tax is imposed.

118-21         SECTION 2.19.  Section 24.39, Tax Code, is amended to read as

118-22   follows:

118-23         Sec. 24.39.  Imposition of Tax.  (a)  The county

118-24   assessor-collector and commissioners court may not change the

118-25   apportioned values certified as provided by this subchapter.

118-26         (b)  The county assessor-collector shall add each owner's

118-27   rolling stock and the value apportioned to the county as certified

 119-1   to that official [him] to the appraisal roll certified to that

 119-2   official [him] by the chief appraiser as provided by Section 26.01

 119-3   [of this code] for county tax purposes and to the appraisal roll

 119-4   for state ad valorem taxes.  The county assessor-collector [He]

 119-5   shall calculate the county and state taxes [tax] due on the rolling

 119-6   stock as provided by Section 26.09 [of this code].

 119-7         SECTION 2.20.  Section 25.19, Tax Code, is amended by

 119-8   amending Subsection (b) and adding Subsection (k) to read as

 119-9   follows:

119-10         (b)  The chief appraiser shall separate real from personal

119-11   property and include in the notice for each:

119-12               (1)  a list of the taxing units in which the property

119-13   is taxable and, for property subject to the state ad valorem tax, a

119-14   statement that the property is subject to the state tax;

119-15               (2)  the appraised value of the property in the

119-16   preceding year;

119-17               (3)  the [assessed and] taxable value of the property

119-18   in the preceding year for each taxing unit taxing the property and

119-19   for state taxation, if applicable;

119-20               (4)  the appraised value of the property for the

119-21   current year and the kind and amount of each partial exemption, if

119-22   any, approved for the current year;

119-23               (5)  if the appraised value is greater than it was in

119-24   the preceding year:

119-25                     (A)  the effective tax rate or rates for local

119-26   taxes that would be announced pursuant to Chapter 26 [Section 26.04

119-27   of this code] if the total values being submitted to the appraisal

 120-1   review board were to be approved by the board with an explanation

 120-2   that that rate would raise the same amount of revenue from property

 120-3   taxed in the preceding year as the unit raised for those purposes

 120-4   in the preceding year;

 120-5                     (B)  the amount of local tax that would be

 120-6   imposed on the property on the basis of the rate or rates described

 120-7   by Paragraph (A) [of this subdivision]; and

 120-8                     (C)  a statement that the governing body of a

 120-9   local taxing [the] unit may not adopt a rate that will increase tax

120-10   revenues for operating purposes from properties taxed in the

120-11   preceding year without publishing notice in a newspaper that it is

120-12   considering a tax increase and holding a hearing for taxpayers to

120-13   discuss the tax increase;

120-14               (6)  in italic typeface, the following statement:  "The

120-15   Texas Legislature does not set the amount of your local taxes.

120-16   Your local property tax burden is decided by your locally elected

120-17   officials, and all inquiries concerning your local taxes should be

120-18   directed to those officials";

120-19               (7)  a brief explanation of the time and procedure for

120-20   protesting the value;

120-21               (8)  the date and place the appraisal review board will

120-22   begin hearing protests; and

120-23               (9)  a brief explanation that:

120-24                     (A)  the governing body of each taxing unit

120-25   decides whether or not local taxes on the property will increase

120-26   and the appraisal district only determines the value of the

120-27   property; and

 121-1                     (B)  a taxpayer who objects to increasing local

 121-2   taxes and government expenditures should complain to the governing

 121-3   bodies of the taxing units and only complaints about value should

 121-4   be presented to the appraisal office and the appraisal review

 121-5   board.

 121-6         (k)  In a notice for a tax year that begins before January 1,

 121-7   1998, the chief appraiser is not required to include information

 121-8   relating to taxation of property by the state.  This subsection

 121-9   expires January 1, 1999.

121-10         SECTION 2.21.   Section 25.24, Tax Code, is amended to read

121-11   as follows:

121-12         Sec. 25.24.  APPRAISAL ROLL.  The appraisal records, as

121-13   changed by order of the appraisal review board and approved by that

121-14   board, constitute the appraisal roll for the district.  The

121-15   appraisal roll for the district for the purpose of a school

121-16   district includes for each property two values:  a value for the

121-17   levy of district maintenance and operations taxes and a value for

121-18   the levy of debt service taxes.

121-19         SECTION 2.22.  Section 26.01(b), Tax Code, is amended to read

121-20   as follows:

121-21         (b)  When a chief appraiser submits an appraisal roll for

121-22   county taxes to a county assessor-collector, the chief appraiser

121-23   [he] also shall certify that appraisal [the] roll to the

121-24   comptroller in the form and manner prescribed by the comptroller

121-25   and shall identify the property on that appraisal roll that is

121-26   subject to the state ad valorem tax.  Property identified on a

121-27   county appraisal roll by the chief appraiser as subject to the

 122-1   state ad valorem tax constitutes the state appraisal roll for

 122-2   purposes of the assessment of the state ad valorem tax on property

 122-3   in that county.  [However, the comptroller by rule may provide for

 122-4   submission of only a summary of the appraisal roll.  In that event,

 122-5   the chief appraiser shall certify the summary in the form and

 122-6   manner prescribed by the comptroller's rule.]

 122-7         SECTION 2.23.  Chapter 26, Tax Code, is amended by adding

 122-8   Section 26.011 to read as follows:

 122-9         Sec. 26.011.  PROVISIONS EXCLUDED FOR STATE TAX.  Sections

122-10   26.04, 26.041, 26.05, 26.051, 26.06, 26.07, and 26.08 do not apply

122-11   to the state ad valorem tax or to the comptroller.

122-12         SECTION 2.24.  Sections 26.04(a) and (b), Tax Code, are

122-13   amended to read as follows:

122-14         (a)  On receipt of the appraisal roll, the assessor for a

122-15   taxing unit shall determine the total appraised value[, the total

122-16   assessed value,] and the total taxable value of property taxable by

122-17   the unit and for a school district the total taxable value for each

122-18   tax rate imposed by the district.  The assessor [He] shall also

122-19   determine, using information provided by the appraisal office, the

122-20   appraised, assessed, and taxable values [value] of new property.

122-21         (b)  The assessor shall submit the appraisal roll for the

122-22   unit showing the total appraised, assessed, and taxable values of

122-23   all property and the total taxable values [value] of new property

122-24   to the governing body of the unit by August 1 or as soon thereafter

122-25   as practicable.  By August 1 or as soon thereafter as practicable,

122-26   the taxing unit's collector shall certify an estimate of the

122-27   collection rate for the current year to the governing body.  If the

 123-1   collector certified an anticipated collection rate in the preceding

 123-2   year and the actual collection rate in that year exceeded the

 123-3   anticipated rate, the collector shall also certify the amount of

 123-4   debt taxes collected in excess of the anticipated amount in the

 123-5   preceding year.

 123-6         SECTION 2.25.  Chapter 26, Tax Code, is amended by adding

 123-7   Section 26.046 to read as follows:

 123-8         Sec. 26.046.  EFFECTIVE TAX RATES:  SCHOOL DISTRICTS.

 123-9   Notwithstanding Section 26.04, the officer or employee designated

123-10   under that section to make the calculations for a school district

123-11   shall determine an effective tax rate for the school district for

123-12   maintenance and operations and an effective tax rate for the school

123-13   district for debt service according to formulas prescribed by the

123-14   comptroller.  The formulas shall require the effective tax rates to

123-15   be calculated in the manner provided by Section 26.04, except as

123-16   provided by this section.  The effective tax rate for maintenance

123-17   and operations shall be calculated on the value of property on the

123-18   appraisal roll for maintenance and operations taxation, and the

123-19   effective tax rate for debt service taxation shall be calculated on

123-20   the value of property on the appraisal roll for debt service

123-21   taxation.

123-22         SECTION 2.26.  Section 26.05(a), Tax Code, is amended to read

123-23   as follows:

123-24         (a)  Except as provided by Subsection (c), the governing body

123-25   of each taxing unit before September 1 or as soon thereafter as

123-26   practicable shall adopt a tax rate for the current tax year and

123-27   shall notify the assessor for the unit of the rate adopted.  The

 124-1   tax rate consists of two components, each of which must be approved

 124-2   separately.  The components are:

 124-3               (1)  the rate that, if applied to the total taxable

 124-4   value or for a school district the total taxable value for debt

 124-5   taxation, will impose the total amount published under Section

 124-6   26.04(e)(3)(C) [of this code], less any amount of additional sales

 124-7   and use tax revenue that will be used to pay debt service; and

 124-8               (2)  the rate that, if applied to the total taxable

 124-9   value or for a school district the total taxable value for

124-10   maintenance and operations taxation, will impose the amount of

124-11   taxes needed to fund maintenance and operation expenditures of the

124-12   unit for the next year.

124-13         SECTION 2.27.  Section 26.08, Tax Code, is amended to read as

124-14   follows:

124-15         Sec. 26.08.  ELECTION TO LIMIT SCHOOL TAXES.  (a)  If the

124-16   governing body of a school district adopts a maintenance and

124-17   operations tax rate that exceeds the sum of the district's

124-18   effective maintenance and operations rate and[,] the rate of $0.025

124-19   per $100 of taxable value [$0.08, and the district's current  debt

124-20   rate], the registered voters of the district at an election held

124-21   for that purpose must determine whether to limit the maintenance

124-22   and operations tax rate the governing body may adopt for the

124-23   current year to the [school district rollback] tax rate calculated

124-24   by adding the district's effective maintenance and operations tax

124-25   rate and the rate of $0.025 per $100 of taxable value.  When

124-26   increased expenditure of money by a school district is necessary to

124-27   respond to a disaster, including a tornado, hurricane, flood, or

 125-1   other calamity, but not including a drought, that has impacted a

 125-2   school district and the governor has requested federal disaster

 125-3   assistance for the area in which the school district is located, an

 125-4   election is not required under this section to limit the

 125-5   maintenance and operations tax rate the governing body may adopt

 125-6   for the year following the year in which the disaster occurs.

 125-7         (b)  If an election is required under Subsection (a), the

 125-8   [The] governing body shall order that an election be held in the

 125-9   school district on a date not less than 30 or more than 90 days

125-10   after the day on which it adopted the maintenance and operations

125-11   tax rate.   Section 41.001, Election Code, does not apply to the

125-12   election unless a date specified by that section falls within the

125-13   time permitted by this section.  At the election, the ballots shall

125-14   be prepared to permit voting for or against the proposition:

125-15   "Limiting the ad valorem tax rate for maintenance and operations

125-16   revenue in (name of school district) for the current year from (the

125-17   rate adopted) to (the [school district rollback] tax rate

125-18   calculated under Subsection (a))."

125-19         (c)  If a majority  of  the  votes  cast  in the election

125-20   favor the proposition, the governing body may not adopt  a

125-21   maintenance  and  operations tax  rate  for the school  district

125-22   for  the  current  year  that  exceeds  the  sum of the district's

125-23   effective  maintenance  and  operations  rate and  the rate of

125-24   $0.025 per  $100  of  taxable  value [school  district  rollback

125-25   tax  rate calculated  for  that  year  using  the  following

125-26   formula:]

125-27   [ROLLBACK TAX RATE = (ENROLLMENT ADJUSTMENT) (EFFECTIVE MAINTENANCE

 126-1   AND OPERATIONS RATE FOR TAX YEAR) + $0.08 + CURRENT DEBT RATE]

 126-2   [where:]

 126-3               [(1)  "tax year" denotes amounts used in calculating

 126-4   the rollback tax rate in the year immediately preceding the year in

 126-5   which the tax increase that initiated the referendum occurred

 126-6   rather than the year in which the calculation occurs; and]

 126-7               [(2)  "enrollment adjustment" is computed by dividing

 126-8   the current year's projected fall enrollment, as defined by the

 126-9   Texas Education Agency, by last year's enrollment but may not be

126-10   less than 1.0].

126-11         (d)  For purposes of this section, local tax funds dedicated

126-12   to a junior college district under Section 45.105(e), Education

126-13   Code, shall be eliminated from the calculation of the maintenance

126-14   and operations tax rate adopted by the governing body of the school

126-15   district.  However, the funds dedicated to the junior college

126-16   district are subject to Section 26.085.

126-17         (e)  [If a school district is certified by the commissioner

126-18   of education under Section 42.251(c), Education Code, to have been

126-19   subject to a reduction in total revenue for the school year ending

126-20   on August 31 of the tax year:]

126-21               [(1)  the district's effective maintenance and

126-22   operations rate for the tax year is calculated as provided by

126-23   Section 26.012, except that last year's levy is reduced by the

126-24   amount of taxes imposed in the preceding year, if any, to offset

126-25   the amount of the reduction certified by the commissioner; and]

126-26               [(2)  the district's rollback tax rate for the tax year

126-27   calculated as provided by Section 26.04 or by Subsection (c), as

 127-1   applicable, is increased by the tax rate that, if applied to the

 127-2   current total value for the school district, would impose taxes in

 127-3   an amount equal to the amount of the reduction certified by the

 127-4   commissioner.]

 127-5         [(f)]  In a school district that received distributions from

 127-6   an equalization tax imposed under former Chapter 18, Education

 127-7   Code, the effective maintenance and operations rate of that tax as

 127-8   of the date of the county unit system's abolition is added to the

 127-9   district's effective maintenance  and operations rate under

127-10   Subsections (a) and (c) [of this section in the calculation of the

127-11   district's rollback tax rate].

127-12         (f) [(i)]  For purposes of this section, increases in taxable

127-13   values and tax levies occurring within a reinvestment zone under

127-14   the provisions of Chapter 311 (Tax Increment Financing Act), in

127-15   which the district is a participant, shall be eliminated from the

127-16   calculation of the maintenance and operations tax rate adopted by

127-17   the governing body of the school district.

127-18         (g)  Subsection (a) does not apply to the 1997 tax year.  For

127-19   the 1997 tax year, a school district may not adopt a tax rate for

127-20   maintenance and operations purposes that exceeds the lesser of:

127-21               (1)  70 cents on the $100 valuation of property; or

127-22               (2)  a rate equal to the sum of:

127-23                     (A)  the rate necessary for the district to

127-24   receive an amount of state and local funding per student, using the

127-25   student multipliers under Section 42.101(b), Education Code, that

127-26   is equal to the state and local funding per weighted student for

127-27   maintenance and operations to which the district would have been

 128-1   entitled for each of those years at the district's tax rate for the

 128-2   1996 tax year under:

 128-3                           (i)  the Education Code as it would have

 128-4   been in effect for the appropriate school year before amendment by

 128-5   H.B. No. 4, Acts of the 75th Legislature, Regular Session, 1997,

 128-6   except as provided by Subsection (h) or (i); and

 128-7                           (ii)  the General Appropriations Act; plus

 128-8                     (B)  2.5 cents.

 128-9         (h)  For purposes of Subsection (g), for the 1998-1999 school

128-10   year, the amount of state and local funding to which a school

128-11   district would have been entitled includes any amount to which the

128-12   district would have been entitled for that year if former Section

128-13   41.002(e), Education Code, had been in effect for that year.

128-14         (i)  Notwithstanding Subsection (g), the amount of state and

128-15   local funding to which a district would have been entitled does not

128-16   include funding based on the computation of average daily

128-17   attendance under Section 42.005(a), Education Code, as that

128-18   subsection would have been in effect on September 1, 1997, before

128-19   amendment of Chapter 42, Education Code, by H.B. No. 4, Acts of the

128-20   75th Legislature, Regular Session, 1997.

128-21         (j)  Subsections (g)-(i) and this subsection expire January

128-22   1, 1999.

128-23         SECTION 2.28.  Sections 26.09(b) and (c), Tax Code, are

128-24   amended to read as follows:

128-25         (b)  The county assessor-collector shall add the properties

128-26   and their values certified to that official [him] as provided by

128-27   Chapter 24 [of this code] to the appraisal roll for county tax

 129-1   purposes and to the appraisal roll for state ad valorem taxes.  The

 129-2   county assessor-collector shall use the appropriate appraisal roll

 129-3   certified to that official [him] as provided by Section 26.01 with

 129-4   the added properties and values to calculate county and state

 129-5   taxes.

 129-6         (c)  The tax is calculated by:

 129-7               (1)  subtracting from the appraised value of a property

 129-8   as shown on the appraisal roll for a taxing [the] unit or the state

 129-9   the amount of any partial exemption allowed the property owner that

129-10   applies to appraised value to determine taxable [net appraised]

129-11   value; and

129-12               (2)  [multiplying the net appraised value by the

129-13   assessment ratio to determine assessed value;]

129-14               [(3)  subtracting from the assessed value the amount of

129-15   any partial exemption allowed the property owner to determine

129-16   taxable value; and]

129-17               [(4)]  multiplying the taxable value by the applicable

129-18   tax rate, or for a school district as defined by Section

129-19   11.13(m)(2), multiplying the taxable value for maintenance and

129-20   operations taxation by the maintenance and operations tax rate,

129-21   multiplying the taxable value for debt service taxation by the debt

129-22   service tax rate, and adding the products.

129-23         SECTION 2.29.  Section 26.12, Tax Code, is amended by adding

129-24   Subsection (e) to read as follows:

129-25         (e)  For purposes of this section, the state is not a taxing

129-26   unit.

129-27         SECTION 2.30.  Section 26.15(c), Tax Code, is amended to read

 130-1   as follows:

 130-2         (c)  At any time, the governing body of a taxing unit, on

 130-3   motion of the assessor for the unit or of a property owner, shall

 130-4   direct by written order changes in the tax roll to correct errors

 130-5   in the mathematical computation of a tax.  The assessor shall enter

 130-6   the corrections ordered by the governing body.  The comptroller may

 130-7   order changes on the state tax roll to correct errors in the

 130-8   mathematical computation of the state tax.

 130-9         SECTION 2.31.  Section 31.01(c), Tax Code, is amended to read

130-10   as follows:

130-11         (c)  The tax bill or a separate statement accompanying the

130-12   tax bill shall:

130-13               (1)  identify the property subject to the tax;

130-14               (2)  state the appraised value[, assessed value,] and

130-15   taxable value of the property for each type of tax levy the taxing

130-16   unit imposes on a different value;

130-17               (3)  if the property is land appraised as provided by

130-18   Subchapter C, D, or E, Chapter 23 [of this code], state the market

130-19   value and the taxable value for purposes of deferred or additional

130-20   taxation as provided by Section 23.46, 23.55, or 23.76, as

130-21   applicable[, of this code];

130-22               (4)  [state the assessment ratio for the unit;]

130-23               [(5)]  state the type and amount of any partial

130-24   exemption applicable to the property[, indicating whether it

130-25   applies to appraised or assessed value];

130-26               (5) [(6)]  state the total tax rate or rates for the

130-27   unit;

 131-1               (6) [(7)]  state the amount of tax due, the due date,

 131-2   and the delinquency date;

 131-3               (7) [(8)]  explain the payment option and discounts

 131-4   provided by Sections 31.03 and 31.05 [of this code], if available

 131-5   to the unit's taxpayers, and state the date on which each of the

 131-6   discount periods provided by Section 31.05 concludes, if the

 131-7   discounts are available;

 131-8               (8) [(9)]  state the rates of penalty and interest

 131-9   imposed for delinquent payment of the tax; and

131-10               (9) [(10)]  include any other information required by

131-11   the comptroller.

131-12         SECTION 2.32.  Section 31.11(a), Tax Code, is amended to read

131-13   as follows:

131-14         (a)  If a taxpayer applies to the tax collector of a taxing

131-15   unit for a refund of an overpayment or erroneous payment of taxes

131-16   and the auditor for the unit or the comptroller in the case of the

131-17   state ad valorem tax determines that the payment was erroneous or

131-18   excessive, the tax collector shall refund the amount of the

131-19   excessive or erroneous payment from available current tax

131-20   collections or from funds appropriated by the unit for making

131-21   refunds.  For taxes other than state ad valorem taxes [However], if

131-22   the amount of the refund exceeds $500, the collector may not make

131-23   the refund unless the governing body of the taxing unit also

131-24   determines that the payment was erroneous or excessive and approves

131-25   the refund.

131-26         SECTION 2.33.  Sections 32.01(a) and (c), Tax Code, are

131-27   amended to read as follows:

 132-1         (a)  On January 1 of each year, a tax lien attaches to

 132-2   property to secure the payment of all taxes, penalties, and

 132-3   interest ultimately imposed for the year by the state or a taxing

 132-4   unit on the property, whether or not the taxes are imposed in the

 132-5   year the lien attaches.  The lien to secure the payment of state ad

 132-6   valorem taxes and applicable penalties and interest exists in favor

 132-7   of the state.  The lien to secure the payment of taxes imposed by a

 132-8   taxing unit and applicable penalties and interest exists in favor

 132-9   of the [each] taxing unit having power to tax the property.

132-10         (c)  The lien under this section is perfected on attachment

132-11   and, except as provided by Section 32.03(b), perfection requires no

132-12   further action by the state or taxing unit.

132-13         SECTION 2.34.  Section 33.01(a), Tax Code, is amended to read

132-14   as follows:

132-15         (a)  A delinquent tax, including a delinquent state ad

132-16   valorem tax, incurs a penalty of six percent of the amount of the

132-17   tax for the first calendar month it is delinquent plus one percent

132-18   for each additional month or portion of a month the tax remains

132-19   unpaid prior to July 1 of the year in which it becomes delinquent.

132-20   However, a tax delinquent on July 1 incurs a total penalty of

132-21   twelve percent of the amount of the delinquent tax without regard

132-22   to the number of months the tax has been delinquent.

132-23         SECTION 2.35.  Subchapter A, Chapter 33, Tax Code, is amended

132-24   by adding Section 33.08 to read as follows:

132-25         Sec. 33.08.  COLLECTION OF DELINQUENT STATE AD VALOREM TAXES;

132-26   PENALTY.  (a)  Except as provided by Subsection (b), the attorney

132-27   general shall represent the state to enforce the collection of

 133-1   delinquent state ad valorem taxes.  The attorney general may

 133-2   delegate the attorney general's duties under this subsection to a

 133-3   county or district attorney or may contract with a private attorney

 133-4   for the performance of those duties.

 133-5         (b)  If the commissioners court of a county contracts with a

 133-6   private attorney for the collection of delinquent county ad valorem

 133-7   taxes, the contract applies to the collection of delinquent state

 133-8   ad valorem taxes on property taxable in that county without further

 133-9   action.  The compensation of the private attorney for collecting

133-10   delinquent state ad valorem taxes is equal to a percentage of the

133-11   amount collected that represents the portion of that amount

133-12   attributable to the additional penalty provided by Subsection (c).

133-13         (c)  State ad valorem taxes that remain delinquent on July 1

133-14   of the year in which they become delinquent incur an additional

133-15   penalty to defray costs of collection if the collection of the

133-16   delinquent taxes is covered by a contract with a private attorney

133-17   under Subsection (a) or (b).  The amount of the penalty is 15

133-18   percent of the amount of the taxes, penalty, and interest due.

133-19         (d)  A tax lien attaches in favor of the state to the

133-20   property on which the tax is imposed to secure payment of the

133-21   penalty.

133-22         (e)  The attorney general or the person responsible for

133-23   collecting the delinquent tax shall deliver a notice of delinquency

133-24   and of the penalty to the property owner at least 30 and not more

133-25   than 60 days before July 1.

133-26         (f)  Sections 6.30 and 33.07 do not apply to the state ad

133-27   valorem tax.

 134-1         SECTION 2.36.  Sections 33.21(a) and (b), Tax Code, are

 134-2   amended to read as follows:

 134-3         (a)  A person's personal property is subject to seizure for

 134-4   the payment of a delinquent tax, penalty, and interest the person

 134-5   [he] owes the state or a taxing unit on property.

 134-6         (b)  A person's personal property is subject to seizure for

 134-7   the payment of a tax imposed by the state or a taxing unit on the

 134-8   person's [his] property before the tax becomes delinquent if:

 134-9               (1)  the collector discovers that property on which the

134-10   tax has been or will be imposed is about to be removed from the

134-11   county; and

134-12               (2)  the collector knows of no other personal property

134-13   in the county from which the tax may be satisfied.

134-14         SECTION 2.37.  Section 33.23(b), Tax Code, is amended to read

134-15   as follows:

134-16         (b)  A bond may not be required of the state or a taxing unit

134-17   for issuance or delivery of a tax warrant, and a fee or court cost

134-18   may not be charged for issuance or delivery of a warrant.

134-19         SECTION 2.38.  Section 33.44(b), Tax Code, is amended to read

134-20   as follows:

134-21         (b)  For purposes of joining a county, citation may be served

134-22   on the county tax assessor-collector.  For purposes of joining any

134-23   other taxing unit, citation may be served on the officer charged

134-24   with collecting taxes for the unit or on the presiding officer or

134-25   secretary of the governing body of the unit.  For purposes of

134-26   joining the state, citation shall be served on the comptroller.

134-27   Citation may be served by certified mail, return receipt requested.

 135-1   A person on whom service is authorized by this subsection may waive

 135-2   the issuance and service of citation in behalf of the person's

 135-3   [his] taxing unit.

 135-4         SECTION 2.39.  Section 34.04(b), Tax Code, is amended to read

 135-5   as follows:

 135-6         (b)  A copy of the petition shall be served on the county

 135-7   attorney or, if there is no county attorney, the district attorney

 135-8   and on all parties to the suit that ordered the sale, if any, not

 135-9   later than the 20th day before the date set for a hearing on the

135-10   petition.  The attorney general represents the state at the hearing

135-11   unless the attorney general delegates that duty to the county or

135-12   district attorney.

135-13         SECTION 2.40.  Section 41.03, Tax Code, is amended to read as

135-14   follows:

135-15         Sec. 41.03.  Challenge by State or Taxing Unit.  The state or

135-16   a [A] taxing unit is entitled to challenge before the appraisal

135-17   review board:

135-18               (1)  the level of appraisals of any category of

135-19   property in the district or in any territory in the district, but

135-20   not the appraised value of a single taxpayer's property;

135-21               (2)  an exclusion of property from the appraisal

135-22   records;

135-23               (3)  a grant in whole or in part of a partial

135-24   exemption;

135-25               (4)  a determination that land qualifies for appraisal

135-26   as provided by Subchapter C, D, or E, Chapter 23 [of this code]; or

135-27               (5)  failure to identify the taxing unit as one in

 136-1   which a particular property is taxable.

 136-2         SECTION 2.41.  Subchapter A, Chapter 41, Tax Code, is amended

 136-3   by adding Sections 41.031 and 41.032 to read as follows:

 136-4         Sec. 41.031.  CHALLENGE BY SCHOOL DISTRICT.  A school

 136-5   district is entitled to challenge before the appraisal review board

 136-6   the exclusion of property from the appraisal roll for the

 136-7   maintenance and operations taxes or debt service taxes of the

 136-8   district.

 136-9         Sec. 41.032.  CHALLENGE BY COMPTROLLER.  The comptroller is

136-10   entitled to challenge before the appraisal review board the

136-11   exclusion of property from the appraisal roll for state ad valorem

136-12   taxes.

136-13         SECTION 2.42.  Section 41.06(a), Tax Code, is amended to read

136-14   as follows:

136-15         (a)  The secretary of the appraisal review board shall

136-16   deliver to the comptroller and the presiding officer of the

136-17   governing body of each taxing unit entitled to appear at a

136-18   challenge hearing written notice of the date, time, and place fixed

136-19   for the hearing.  The secretary shall deliver the notice not later

136-20   than the 10th day before the date of the hearing.

136-21         SECTION 2.43.  Section 41.07(d), Tax Code, is amended to read

136-22   as follows:

136-23         (d)  The board shall deliver by certified mail a notice of

136-24   the issuance of the order and a copy of the order to the taxing

136-25   unit.  If the order of the board excludes property from the

136-26   appraisal roll for state ad valorem taxes, the board shall also

136-27   deliver a notice of issuance and a copy of the order to the

 137-1   comptroller in the manner prescribed by the comptroller.

 137-2         SECTION 2.44.  Section 41.47(d), Tax Code, is amended to read

 137-3   as follows:

 137-4         (d)  The board shall deliver by certified mail a notice of

 137-5   issuance of the order and a copy of the order to the property owner

 137-6   and the chief appraiser.  If the order of the board excludes

 137-7   property from the appraisal roll for state ad valorem taxes, the

 137-8   board shall also deliver a notice of issuance and a copy of the

 137-9   order to the comptroller in the manner prescribed by the

137-10   comptroller.

137-11         SECTION 2.45.  Section 41.41, Tax Code, is amended to read as

137-12   follows:

137-13         Sec. 41.41.  Right of Protest.  A property owner is entitled

137-14   to protest before the appraisal review board the following actions:

137-15               (1)  determination of the appraised value of the

137-16   owner's property or, in the case of land appraised as provided by

137-17   Subchapter C, D, or E, Chapter 23, determination of its appraised

137-18   or market value;

137-19               (2)  unequal appraisal of the owner's property;

137-20               (3)  inclusion of the owner's property on the appraisal

137-21   records;

137-22               (4)  denial to the property owner in whole or in part

137-23   of a partial exemption;

137-24               (5)  determination that the owner's land does not

137-25   qualify for appraisal as provided by Subchapter C, D, or E, Chapter

137-26   23;

137-27               (6)  identification of the taxing units in which the

 138-1   owner's property is taxable in the case of the appraisal district's

 138-2   appraisal roll;

 138-3               (7)  determination that the property owner is the owner

 138-4   of property;

 138-5               (8)  a determination that a change in use of land

 138-6   appraised under Subchapter C, D, or E, Chapter 23, has occurred;

 138-7   [or]

 138-8               (9)  the inclusion of the property on or the exclusion

 138-9   of the property from the appraisal roll for the maintenance and

138-10   operations or debt service taxes of a school district;

138-11               (10)  the inclusion of the property on or the exclusion

138-12   of the property from the appraisal roll for state ad valorem taxes;

138-13   or

138-14               (11)  any other action of the chief appraiser,

138-15   appraisal district, or appraisal review board that applies to and

138-16   adversely affects the property owner.

138-17         SECTION 2.46.  Subchapter A, Chapter 42, Tax Code, is amended

138-18   by adding Section 42.032 to read as follows:

138-19         Sec. 42.032.  RIGHT OF APPEAL BY COMPTROLLER.  (a)  The

138-20   comptroller is entitled to appeal an order of the appraisal review

138-21   board excluding property from the appraisal roll for state ad

138-22   valorem taxes.

138-23         (b)  The attorney general shall represent the comptroller in

138-24   an appeal under this section.  The attorney general may delegate

138-25   its duties under this section to a county or district attorney or

138-26   may contract with a private attorney for the performance of those

138-27   duties.

 139-1         SECTION 2.47.  Sections 42.06(a) and (d), Tax Code, are

 139-2   amended to read as follows:

 139-3         (a)  To exercise the party's right to appeal an order of an

 139-4   appraisal review board, a party other than a property owner must

 139-5   file written notice of appeal within 15 days after the date the

 139-6   party receives the notice required by Section 41.47 or, in the case

 139-7   of a taxing unit or the comptroller, by Section 41.07 that the

 139-8   order appealed has been issued.  To exercise the right to appeal an

 139-9   order of the comptroller, a party other than a property owner must

139-10   file written notice of appeal within 15 days after the date the

139-11   party receives the comptroller's order.

139-12         (d)  If the chief appraiser, a taxing unit, [or] a county, or

139-13   the comptroller appeals, the chief appraiser, if the appeal is of

139-14   an order of the appraisal review board, or the comptroller, if the

139-15   appeal is of an order of the comptroller, shall deliver a copy of

139-16   the notice to the property owner whose property is involved in the

139-17   appeal within 10 days after the date the notice is filed.

139-18         SECTION 2.48.  Sections 42.08(b) and (c), Tax Code, are

139-19   amended to read as follows:

139-20         (b)  Except as provided in Subsection (d), a property owner

139-21   who appeals as provided by this chapter must pay taxes on the

139-22   property subject to the appeal in the amount required by this

139-23   subsection before the delinquency date or the property owner

139-24   forfeits the right to proceed to a final determination of the

139-25   appeal.  The amount of taxes the property owner must pay on the

139-26   property before the delinquency date to comply with this subsection

139-27   is the lesser of:

 140-1               (1)  the amount of taxes due on the portion of the

 140-2   taxable value of the property that is not in dispute [or the amount

 140-3   of taxes imposed on the property in the preceding year, whichever

 140-4   is greater]; or

 140-5               (2)  the amount of taxes due on the property under the

 140-6   order from which the appeal is taken.

 140-7         (c)  A property owner that pays an [the] amount of taxes

 140-8   greater than that required by Subsection (b) does not forfeit the

 140-9   property owner's right to a final determination of the appeal by

140-10   making the payment.  If the property owner files a timely appeal

140-11   under this chapter, taxes paid on the property are considered paid

140-12   under protest, even if paid before the appeal is filed.

140-13         SECTION 2.49.  Section 42.29, Tax Code, is amended to read as

140-14   follows:

140-15         Sec. 42.29.  ATTORNEY'S FEES.  (a)  A property owner who

140-16   prevails in an appeal to the court under Section 42.25 or [Section]

140-17   42.26 [of this code] may be awarded reasonable attorney's fees not

140-18   to exceed $100,000 [the greater of $15,000 or 20 percent of the

140-19   total amount by which the property owner's tax liability is reduced

140-20   as a result of the appeal. The award of attorney's fees, however,

140-21   may not exceed the total amount by which the property owner's tax

140-22   liability is reduced as a result of the appeal].

140-23         (b)  An appraisal district that prevails in an appeal to the

140-24   court under this chapter may be awarded reasonable attorney's fees

140-25   not to exceed $100,000 if the amount of taxes due on the property

140-26   as determined by the court exceeds by at least $5,000 the amount of

140-27   taxes due on the property as claimed by the property owner.

 141-1         SECTION 2.50.  Section 42.42, Tax Code, is amended by

 141-2   amending Subsection (c) and adding Subsection (d) to read as

 141-3   follows:

 141-4         (c)  If the final determination of an appeal occurs after the

 141-5   property owner has paid a portion of the tax finally determined to

 141-6   be due as required by Section 42.08 [of this code], the assessor

 141-7   for each affected taxing unit shall prepare and mail a supplemental

 141-8   tax bill in the form and manner prescribed by Subsection (b) [of

 141-9   this section].  The additional tax is due and becomes delinquent as

141-10   provided by Subsection (b), but the property owner is liable for

141-11   penalties and interest on the tax included in the supplemental bill

141-12   calculated as provided by Section 33.01 as if the tax included in

141-13   the  supplemental bill became delinquent on the original

141-14   delinquency date prescribed by Chapter 31 [at the rate prescribed

141-15   by this code for delinquent taxes].

141-16         (d)  If the property owner did not pay any portion of the

141-17   taxes imposed on the property because the court found that payment

141-18   would constitute an unreasonable restraint on the owner's right of

141-19   access to the courts as provided by Section 42.08(d), after the

141-20   final determination of the appeal the assessor for each affected

141-21   taxing unit shall prepare and mail a supplemental tax bill in the

141-22   form and manner prescribed by Subsection (b).  The additional tax

141-23   is due and becomes delinquent as provided by Subsection (b), but

141-24   the property owner is liable for interest on the tax included in

141-25   the supplemental bill calculated as provided by Section 33.01 as if

141-26   the tax included in the supplemental bill became delinquent on the

141-27   delinquency date prescribed by Chapter 31.

 142-1         SECTION 2.51.  Section 42.43, Tax Code, is amended to read as

 142-2   follows:

 142-3         Sec. 42.43.  Refund.  (a)  If the final determination of an

 142-4   appeal that decreases a property owner's tax liability occurs after

 142-5   the property owner has paid his taxes, the taxing unit and the

 142-6   comptroller, if the property is subject to a state tax, shall

 142-7   refund to the property owner the difference between the amount of

 142-8   taxes paid and amount of taxes for which the property owner is

 142-9   liable.

142-10         (b)  For a refund made under this section because an

142-11   exemption under Section 11.20 that was denied by the chief

142-12   appraiser or appraisal review board is granted, the state or taxing

142-13   unit shall include with the refund interest on the amount refunded

142-14   calculated at an annual rate that is equal to the auction average

142-15   rate quoted on a bank discount basis for three-month treasury bills

142-16   issued by the United States government, as published by the Federal

142-17   Reserve Board, for the week in which the taxes became delinquent,

142-18   but not more than 10 percent, calculated from the delinquency date

142-19   for the taxes until the date the refund is made.  For any other

142-20   refund made under this section, the state or taxing unit shall

142-21   include with the refund interest on the amount refunded at an

142-22   annual rate that is equal to the auction average rate quoted on a

142-23   bank discount basis for three-month treasury bills issued by the

142-24   United States government, as published by the Federal Reserve

142-25   Board, for the week in which the taxes became delinquent, but not

142-26   more than eight percent, calculated from the delinquency date for

142-27   the taxes until the date the refund is made.

 143-1         SECTION 2.52.  Sections 43.01 and 43.04, Tax Code, are

 143-2   amended to read as follows:

 143-3         Sec. 43.01.  Authority to Bring Suit.  The comptroller or a

 143-4   [A] taxing unit may sue the appraisal district that appraises

 143-5   property for the unit to compel the appraisal district to comply

 143-6   with the provisions of this title, rules of the comptroller, or

 143-7   other applicable law.

 143-8         Sec. 43.04.  Suit to Compel Compliance With Deadlines.  The

 143-9   comptroller or the governing body of a taxing unit may sue the

143-10   chief appraiser or members of the appraisal review board, as

143-11   applicable, for failure to comply with the deadlines imposed by

143-12   Section 25.22(a), 26.01(a), or 41.12.  If the court finds that the

143-13   chief appraiser or appraisal review board failed to comply for good

143-14   cause shown, the court shall enter an order fixing a reasonable

143-15   deadline for compliance.  If the court finds that the chief

143-16   appraiser or appraisal review board failed to comply without good

143-17   cause, the court shall enter an order requiring the chief appraiser

143-18   or appraisal review board to comply with the deadline not later

143-19   than the 10th day after the date the judgment is signed.  In a suit

143-20   brought under this section, the court may enter any other order the

143-21   court considers necessary to ensure compliance with the court's

143-22   deadline or the applicable statutory requirements.  Failure to obey

143-23   an order of the court is punishable as contempt.

143-24         SECTION 2.53.  Section 23.56, Tax Code, is amended to read as

143-25   follows:

143-26         Sec. 23.56.  LAND INELIGIBLE FOR APPRAISAL AS OPEN-SPACE

143-27   LAND.  (a)  Land is not eligible for appraisal as provided by this

 144-1   subchapter if:

 144-2               (1)  the land is located inside the corporate limits of

 144-3   an incorporated city or town, unless:

 144-4                     (A)  the city or town is not providing the land

 144-5   with governmental and proprietary services substantially equivalent

 144-6   in standard and scope to those services it provides in other parts

 144-7   of the city or town with similar topography, land utilization, and

 144-8   population density; or

 144-9                     (B)  the land has been devoted principally to

144-10   agricultural use continuously for the preceding five years;

144-11               (2)  the land is owned by an individual who is a

144-12   nonresident alien or by a foreign government if that individual or

144-13   government is required by federal law or by rule adopted pursuant

144-14   to federal law to register his ownership or acquisition of that

144-15   property;  [or]

144-16               (3)  the land is owned by a corporation, partnership,

144-17   trust, or other legal entity if the entity is required by federal

144-18   law or by rule adopted pursuant to federal law to register its

144-19   ownership or acquisition of that land and a nonresident alien or a

144-20   foreign government or any combination of nonresident aliens and

144-21   foreign governments own a majority interest in the entity; or

144-22               (4)  the land consists of a parcel of real property

144-23   that is contiguous to one or more parcels of real property owned by

144-24   the same person and all parcels taken together would not be

144-25   eligible for appraisal under this subchapter.

144-26         (b)  A parcel is not ineligible for appraisal under this

144-27   subchapter under Subsection (a)(4) because one of the contiguous

 145-1   parcels is the residence homestead of the person.

 145-2         (c)  In this section, "same person" includes:

 145-3               (1)  an individual's spouse or an individual related

 145-4   within the first degree of consanguinity; or

 145-5               (2)  affiliated legal entities.

 145-6         SECTION 2.54.  The comptroller shall:

 145-7               (1)  conduct a study for the 1997 and 1998 tax years of

 145-8   the appraisal by local appraisal officials of property that is

 145-9   subject to the state ad valorem tax imposed under Chapter 501, Tax

145-10   Code, as added by this article; and

145-11               (2)  not later than January 15, 1999, submit a report

145-12   to the 76th Legislature that includes recommendations for the equal

145-13   and uniform appraisal of property that is subject to the state ad

145-14   valorem tax.

145-15         SECTION 2.55.  (a)  This article takes effect September 1,

145-16   1997.

145-17         (b)  Except as provided by Subsections (c)-(f) of this

145-18   section, this article applies to each tax year that begins on or

145-19   after January 1, 1997, the changes in law made by this article do

145-20   not apply to ad valorem taxes imposed before January 1, 1997, and

145-21   the law as it existed before January 1, 1997, is continued in

145-22   effect for those purposes.

145-23         (c)  The changes in law made by this article to Sections

145-24   42.08 and 42.09, Tax Code, apply only to an appeal filed under

145-25   Chapter 42, Tax Code, as amended by this article, on or after

145-26   September 1, 1997.  An appeal filed under Chapter 42, Tax Code, as

145-27   amended by this article, before September 1, 1997, is governed by

 146-1   the law in effect when the appeal was filed, and that law is

 146-2   continued in effect for that purpose.

 146-3         (d)  Except as provided by Subsection (e) of this section,

 146-4   the change in law made by this article to Section 42.42(c), Tax

 146-5   Code, applies only to the accrual of penalties and interest on

 146-6   taxes on property subject to an appeal that are paid on or after

 146-7   September 1, 1997, or for which the supplemental tax bill is mailed

 146-8   under Section 42.42(c), Tax Code, on or after that date.  For taxes

 146-9   on property subject to an appeal for which the original delinquency

146-10   date prescribed by Chapter 31, Tax Code, occurred before September

146-11   1, 1997, and that are paid on or after that date or for which the

146-12   supplemental tax bill is sent under Section 42.42(c), Tax Code, on

146-13   or after that date, penalties imposed as provided by Section

146-14   42.42(c), Tax Code, as amended by this article, on the additional

146-15   tax paid on or after September 1, 1997, or included in the

146-16   supplemental tax bill sent on or after that date are calculated as

146-17   provided by Section 33.01, Tax Code, as if the delinquency date for

146-18   those taxes is October 1, 1997.

146-19         (e)  The accrual of penalties and interest on taxes for which

146-20   a supplemental tax bill is sent as provided by Section 42.42(c),

146-21   Tax Code, before September 1, 1997, are governed by Section

146-22   42.42(c), Tax Code, as that section existed when the supplemental

146-23   tax bill was mailed, and that law is continued in effect for that

146-24   purpose.

146-25         (f)  Section 42.42(d), Tax Code, as added by this article,

146-26   applies only to the accrual of interest on unpaid taxes covered by

146-27   that subsection on or after September 1, 1997.  The accrual of

 147-1   penalties and interest on those taxes before September 1, 1997, is

 147-2   governed by the applicable law in effect before that date.

 147-3                        ARTICLE 3.  FRANCHISE TAX

 147-4         SECTION 3.01.  Sections 171.001(a) and (b), Tax Code, are

 147-5   amended  to read as follows:

 147-6         (a)  A franchise tax is imposed on[:]

 147-7               [(1)]  each taxable entity [corporation] that does

 147-8   business in this state or that is chartered, organized, or

 147-9   authorized to do business in this state[, and]

147-10               [(2)  each limited liability company that does business

147-11   in this state or that is organized under the laws of this state or

147-12   is authorized to do business in this state].

147-13         (b)  In this chapter:

147-14               (1)  "Banking corporation" means each state, national,

147-15   domestic, or foreign bank, including a limited banking association,

147-16   as defined by Section 1.002(a), Texas Banking Act (Article

147-17   342-1.002, Vernon's Texas Civil Statutes), and each bank organized

147-18   under Section 25A [25(a)], Federal Reserve Act (12 U.S.C.  Secs.

147-19   611-631) (edge corporations), but does not include a bank holding

147-20   company as that term is defined by Section 2, Bank Holding Company

147-21   Act of 1956 (12 U.S.C. Sec. 1841).

147-22               (2)  "Beginning date" means:

147-23                     (A)  for a taxable entity [corporation] chartered

147-24   or organized in this state, the date on which the taxable entity's

147-25   [corporation's] charter or organization takes effect; and

147-26                     (B)  for any other taxable entity without regard

147-27   to whether the entity is foreign or domestic or whether it is

 148-1   formally organized or chartered [a foreign corporation], the

 148-2   earlier of the date on which:

 148-3                           (i)  the corporation's certificate of

 148-4   authority takes effect; or

 148-5                           (ii)  the taxable entity [corporation]

 148-6   begins doing business in this state.

 148-7               (3)  "Business trust" means a trust for carrying on a

 148-8   business operation. ["Corporation" includes:]

 148-9                     [(A)  a limited liability company, as defined

148-10   under the Texas Limited Liability Company Act; and]

148-11                     [(B)  a state or federal savings and loan

148-12   association.]

148-13               (4)  "Charter" includes a limited liability company's

148-14   certificate of organization, a limited partnership's certificate of

148-15   limited partnership, and the registration of a limited liability

148-16   partnership.

148-17               (5)  "Commercial domicile" means the principal location

148-18   of a taxable entity's day-to-day commercial operations.  If the

148-19   taxable entity conducts its day-to-day commercial operations

148-20   equally or substantially equally in more than one state or foreign

148-21   country, "commercial domicile" means the state or foreign country

148-22   in which:

148-23                     (A)  is located the principal location from which

148-24   the day-to-day operations of the taxable entity are directed; and

148-25                     (B)  the taxable entity conducts significant

148-26   commercial operations.

148-27               (6)  "Compensation" means amounts paid to or for the

 149-1   benefit of an officer, director, or owner and that:

 149-2                     (A)  are subject to withholding under the

 149-3   Internal Revenue Code; or

 149-4                     (B)  would be subject to withholding if the

 149-5   person were considered an employee and the amounts paid were

 149-6   considered salaries.

 149-7               (7)  "Does business in this state" means the taxable

 149-8   entity is subject to taxation by this state without the state

 149-9   violating the United States Constitution and the federal law

149-10   adopted under the United States Constitution.

149-11               (8)  "Income or equity partner" includes a partner who

149-12   is entitled to a distributive share of the partnership's income or

149-13   loss or who becomes entitled to a share of the partnership's assets

149-14   or liabilities on termination of the partnership.

149-15               (9)  "Internal Revenue Code" means the Internal Revenue

149-16   Code of 1986 in effect for the federal tax year beginning on or

149-17   after January 1, 1996 [1994], and before January 1, 1997 [1995],

149-18   and any regulations adopted under that code applicable to that

149-19   period.

149-20               (10) [(6)]  "Officer" and "director" include a limited

149-21   liability company's directors and managers, [and] a limited banking

149-22   association's directors and managers and participants if there are

149-23   no directors or managers, and persons holding comparable positions

149-24   of authority in a noncorporate taxable entity.

149-25               (11)  "Owner" includes a shareholder, an income or

149-26   equity partner of a partnership, and an owner of equity in any

149-27   other taxable entity.

 150-1               (12)  "Passive income" means:

 150-2                     (A)  interest;

 150-3                     (B)  dividends;

 150-4                     (C)  rents;

 150-5                     (D)  royalties, including overriding royalties;

 150-6                     (E)  income from the disposition of a capital

 150-7   asset or property held for investment;

 150-8                     (F)  income from any of the following entities or

 150-9   any entity controlled, directly or indirectly, by any of the

150-10   following entities:

150-11                           (i)  a real estate investment trust;

150-12                           (ii)  a regulated investment company;

150-13                           (iii)  a real estate mortgage investment

150-14   conduit; or

150-15                           (iv)  a common trust fund; or

150-16                     (G)  income from oil and gas working interests

150-17   held by the taxable entity if the taxable entity is not an operator

150-18   of oil and gas properties.

150-19               (13)  "Passive income asset" means an asset owned by a

150-20   taxable entity if any income generated by the asset, including on

150-21   disposition of the asset, is passive income.

150-22               (14)  "Passive income capital" for a taxable entity

150-23   means an amount that is the product of the passive income ratio for

150-24   the taxable entity and the entity's apportioned taxable capital

150-25   under Section 171.101(d)(3).

150-26               (15)  "Passive income ratio" means the ratio, expressed

150-27   as a percentage, in which:

 151-1                     (A)  the numerator is the aggregate cost of all

 151-2   of the taxable entity's passive income assets; and

 151-3                     (B)  the denominator is the aggregate cost of the

 151-4   taxable entity's total assets.

 151-5               (16) [(7)]  "Savings and loan association" includes a

 151-6   state or federal savings bank.

 151-7               (17) [(8)]  "Shareholder" includes a limited liability

 151-8   company's member and a limited banking association's participant.

 151-9               (18)  "Small business entity" means a taxable entity

151-10   the gross receipts of which are $500,000 or less for the period on

151-11   which the net taxable earned surplus is based.  For the purposes of

151-12   this definition, "gross receipts" has the meaning given that term

151-13   by Sections 171.1051 and 171.1121.

151-14               (19)  "Taxable entity" does not include a sole

151-15   proprietorship.  "Taxable entity" means:

151-16                     (A)  a banking corporation;

151-17                     (B)  a business trust that is required to file a

151-18   federal tax return as a corporation or a partnership;

151-19                     (C)  a corporation;

151-20                     (D)  a limited liability company;

151-21                     (E)  a limited liability partnership;

151-22                     (F)  a limited partnership;

151-23                     (G)  a partnership that is required to file a

151-24   federal tax return as a corporation or a partnership;

151-25                     (H)  a registered limited liability partnership;

151-26                     (I)  a state or federal savings and loan

151-27   association;

 152-1                     (J)  a professional association;

 152-2                     (K)  a professional corporation; and

 152-3                     (L)  any other kind of business association,

 152-4   joint venture, or other combination of entities or persons engaged

 152-5   in business, other than an oil and gas joint operating agreement.

 152-6         SECTION 3.02.  Sections 171.0011(a), (b), and (c), Tax Code,

 152-7   are amended to read as follows:

 152-8         (a)  An additional tax is imposed on a taxable entity

 152-9   [corporation] that for any reason becomes no longer subject to the

152-10   earned surplus component of the tax, without regard to whether the

152-11   taxable entity [corporation] remains subject to the taxable

152-12   capital component of the tax.

152-13         (b)  The additional tax is equal to 4.5 percent of the

152-14   taxable entity's [corporation's] net taxable earned surplus

152-15   computed on the period beginning on the day after the last day for

152-16   which the tax imposed on net taxable earned surplus was computed

152-17   under Section 171.1532 and ending on the date the taxable entity

152-18   [corporation] is no longer subject to the earned surplus component

152-19   of the tax.

152-20         (c)  The additional tax imposed and any report required by

152-21   the comptroller are due on the 60th day after the date the taxable

152-22   entity [corporation] becomes no longer subject to the earned

152-23   surplus component of the tax.

152-24         SECTION 3.03.  Sections 171.002(b) and (d), Tax Code, are

152-25   amended to read as follows:

152-26         (b)  The amount of franchise tax on each taxable entity

152-27   [corporation], except as provided in Subsection (d), is computed by

 153-1   adding the following:

 153-2               (1)  the amount calculated by applying the tax rate

 153-3   prescribed by Subsection (a)(1) to the taxable entity's

 153-4   [corporation's] net taxable capital; and

 153-5               (2)  the difference between:

 153-6                     (A)  the amount calculated by applying the tax

 153-7   rate prescribed by Subsection (a)(2) to the taxable entity's

 153-8   [corporation's] net taxable earned surplus; and

 153-9                     (B)  the amount determined under Subdivision (1).

153-10         (d)  If the amount of tax computed under Subsection (b) for a

153-11   taxable entity [corporation] is less than $500 [$100], the taxable

153-12   entity [corporation] is not required to pay that amount and is not

153-13   considered to owe any tax for that period.

153-14         SECTION 3.04.  Subchapter A, Chapter 171, Tax Code, is

153-15   amended by adding Section 171.003 to read as follows:

153-16         Sec. 171.003.  TERMINATION, MERGER, AND DIVISION OF

153-17   PARTNERSHIP.  (a)  For purposes of this chapter, an existing

153-18   partnership shall be considered as continuing if it is not

153-19   terminated.

153-20         (b)  A partnership shall be considered as terminated only if:

153-21               (1)  no part of any business, financial operation, or

153-22   venture of the partnership continues to be carried on by any of its

153-23   partners in a partnership; or

153-24               (2)  within a 12-month period there is a sale or

153-25   exchange of 50 percent or more of the total interest in partnership

153-26   capital and profits.

153-27         (c)  In the case of a merger or consolidation of two or more

 154-1   partnerships, the resulting partnership shall, for purposes of this

 154-2   chapter, be considered the continuation of any merging or

 154-3   consolidating partnership whose members own an interest of more

 154-4   than 50 percent in the capital and profits of the resulting

 154-5   partnership.

 154-6         (d)  In the case of a division of a partnership into two or

 154-7   more partnerships, the resulting partnerships (other than any

 154-8   resulting partnership the members of which had an interest of 50

 154-9   percent or less in the capital and profits of the prior

154-10   partnership) shall, for purposes of this chapter, be considered a

154-11   continuation of the prior partnership.

154-12         SECTION 3.05.  Subchapter B, Chapter 171, Tax Code, is

154-13   amended by adding Section 171.0515 to read as follows:

154-14         Sec. 171.0515.  UNRELATED BUSINESS TAXABLE INCOME OF AN

154-15   EXEMPT TAXABLE ENTITY.  A taxable entity, otherwise exempt from the

154-16   tax imposed by this chapter, is subject to the net taxable earned

154-17   surplus component of the franchise tax to the extent of its

154-18   unrelated business taxable income, as defined by the Internal

154-19   Revenue Code.

154-20         SECTION 3.06.  Subchapter B, Chapter 171, Tax Code, is

154-21   amended by adding Section 171.054 to read as follows:

154-22         Sec. 171.054.  EXEMPTION--NONCORPORATE TAXABLE ENTITY

154-23   ELIGIBLE FOR CERTAIN EXEMPTIONS.  A taxable entity that is not a

154-24   corporation but that, because of its activities, would qualify for

154-25   a specific exemption under this subchapter if it were a

154-26   corporation, qualifies for the exemption and is exempt from the tax

154-27   in the same manner and under the same conditions as a corporation.

 155-1         SECTION 3.07.  Section 171.063(a), Tax Code, is amended to

 155-2   read as follows:

 155-3         (a)  The following corporations are exempt from the franchise

 155-4   tax:

 155-5               (1)  a nonprofit corporation exempted from the federal

 155-6   income tax under Section 501(c)(3), (4), [(5), (6), (7),] (8),

 155-7   (10), or (19), Internal Revenue Code,  which in the case of a

 155-8   nonprofit hospital means a hospital providing charity care and

 155-9   community benefits as set forth in Paragraph (A), (B), (C), (D),

155-10   (E), (F), or (G):

155-11                     (A)  charity care and government-sponsored

155-12   indigent health care are provided at a level which is reasonable in

155-13   relation to the community needs, as determined through the

155-14   community needs assessment, the available resources of the hospital

155-15   or hospital system, and the tax-exempt benefits received by the

155-16   hospital or hospital system;

155-17                     (B)  charity care and government-sponsored

155-18   indigent health care are provided in an amount equal to at least

155-19   four percent of the hospital's or hospital system's net patient

155-20   revenue;

155-21                     (C)  charity care and government-sponsored

155-22   indigent health care are provided in an amount equal to at least

155-23   100 percent of the hospital's or hospital system's tax-exempt

155-24   benefits, excluding federal income tax;

155-25                     (D)  for tax periods beginning before January 1,

155-26   1996, charity care and community benefits are provided in a

155-27   combined amount equal to at least five percent of the hospital's

 156-1   net patient revenue, provided that charity care and

 156-2   government-sponsored indigent health care are provided in an amount

 156-3   equal to at least three percent of net patient revenue;

 156-4                     (E)  for tax periods beginning after December 31,

 156-5   1995, charity care and community benefits are provided in a

 156-6   combined amount equal to at least five percent of the hospital's or

 156-7   hospital system's net patient revenue, provided that charity care

 156-8   and government-sponsored indigent health care are provided in an

 156-9   amount equal to at least four percent of net patient revenue;

156-10                     (F)  a nonprofit hospital that has been

156-11   designated as a disproportionate share hospital under the state

156-12   Medicaid program in the current year or in either of the previous

156-13   two fiscal years is considered to have provided a reasonable amount

156-14   of charity care and government-sponsored indigent health care and

156-15   is considered in compliance with the standards provided by this

156-16   subsection; or

156-17                     (G)  a hospital operated on a nonprofit basis

156-18   that is located in a county with a population of less than 50,000

156-19   and in which the entire county or the population of the entire

156-20   county has been designated as a health professionals shortage area

156-21   is considered in compliance with the standards provided by this

156-22   subsection;

156-23               (2)  a corporation exempted under Section 501(c)(2) or

156-24   (25), Internal Revenue Code, if the corporation or corporations for

156-25   which it holds title to property is either exempt from or not

156-26   subject to the franchise tax;

156-27               (3)  a corporation exempted from federal income tax

 157-1   under Section 501(c)(16), Internal Revenue Code; and

 157-2               (4)  a nonprofit corporation exempted from the federal

 157-3   income tax under Section 501(c)(3), Internal Revenue Code, that

 157-4   does not receive any payment for providing health care services to

 157-5   inpatients or outpatients from any source including but not limited

 157-6   to the patient or person legally obligated to support the patient,

 157-7   third-party payors, Medicare, Medicaid, or any other state or local

 157-8   indigent care program.  Payment for providing health care services

 157-9   does not include charitable donations, legacies, bequests, or

157-10   grants or payments for research.

157-11         For purposes of satisfying Paragraph (E) of Subdivision (1),

157-12   a hospital or hospital system may not change its existing fiscal

157-13   year unless the hospital or hospital system changes its ownership

157-14   or corporate structure as a result of a sale or merger.

157-15         For purposes of this subsection, a hospital that satisfies

157-16   Paragraph (A), (F), or (G) of Subdivision (1) shall be excluded in

157-17   determining a hospital system's compliance with the standards

157-18   provided by Paragraph (B), (C), (D), or (E) of Subdivision (1).

157-19         For purposes of this subsection, the terms "charity care,"

157-20   "government-sponsored indigent health care," "health care

157-21   organization," "hospital system," "net patient revenue," "nonprofit

157-22   hospital," and "tax-exempt benefits" have the meanings set forth in

157-23   Sections 311.031 and 311.042, Health and Safety Code.  A

157-24   determination of the amount of community benefits and charity care

157-25   and government-sponsored indigent health care provided by a

157-26   hospital or hospital system and the hospital's or hospital system's

157-27   compliance with the requirements of Section 311.045, Health and

 158-1   Safety Code, shall be based on the most recently completed and

 158-2   audited prior fiscal year of the hospital or hospital system.

 158-3         The providing of charity care and government-sponsored

 158-4   indigent health care in accordance with Paragraph (A) of

 158-5   Subdivision (1) shall be guided by the prudent business judgment of

 158-6   the hospital which will ultimately determine the appropriate level

 158-7   of charity care and government-sponsored indigent health care based

 158-8   on the community needs, the available resources of the hospital,

 158-9   the tax-exempt benefits received by the hospital, and other factors

158-10   that may be unique to the hospital, such as the hospital's volume

158-11   of Medicare and Medicaid patients.  These criteria shall not be

158-12   determinative factors, but shall be guidelines contributing to the

158-13   hospital's decision along with other factors which may be unique to

158-14   the hospital.  The formulas contained in Paragraphs (B), (C), (D),

158-15   and (E) of Subdivision (1) shall also not be considered

158-16   determinative of a reasonable amount of charity care and

158-17   government-sponsored indigent health care.

158-18         The requirements of this subsection shall not apply to the

158-19   extent a hospital or hospital system demonstrates that reductions

158-20   in the amount of community benefits, charity care, and

158-21   government-sponsored indigent health care are necessary to maintain

158-22   financial reserves at a level required by a bond covenant, are

158-23   necessary to prevent the hospital or hospital system from

158-24   endangering its ability to continue operations, or if the hospital,

158-25   as a result of a natural or other disaster, is required

158-26   substantially to curtail its operations.

158-27         In any fiscal year that a hospital or hospital system,

 159-1   through unintended miscalculation, fails to meet any of the

 159-2   standards in Subdivision (1), the hospital or hospital system shall

 159-3   not lose its tax-exempt status without the opportunity to cure the

 159-4   miscalculation in the fiscal year following the fiscal year the

 159-5   failure is discovered by both meeting one of the standards and

 159-6   providing an additional amount of charity care and

 159-7   government-sponsored indigent health care that is equal to the

 159-8   shortfall from the previous fiscal year.  A hospital or hospital

 159-9   system may apply this provision only once every five years.

159-10         SECTION 3.08.  Section 171.101, Tax Code, is amended by

159-11   adding Subsections (d) and (e) to read as follows:

159-12         (d)  The net taxable capital of a taxable entity other than a

159-13   corporation, a limited liability company, and a savings and loan

159-14   association is computed by:

159-15               (1)  adding the taxable entity's capital accounts,

159-16   undistributed profits, and surplus to determine the taxable

159-17   entity's taxable capital;

159-18               (2)  for a taxable entity to which Section 171.1102

159-19   applies, subtracting from the amount computed under Subdivision (1)

159-20   the amount of any passive income capital;

159-21               (3)  apportioning the taxable entity's taxable capital

159-22   to this state as provided by Section 171.106(a) to determine the

159-23   entity's apportioned taxable capital; and

159-24               (4)  subtracting from the amount computed under

159-25   Subdivision (3) any other allowable deductions to determine the

159-26   taxable entity's net taxable capital.

159-27         (e)  For purposes of Subsection (d)(1), an amount that

 160-1   belongs to the taxable entity's capital accounts, undistributed

 160-2   profits, or surplus is excluded if the amount has been added once

 160-3   under that subsection in determining the entity's taxable capital.

 160-4         SECTION 3.09.  Sections 171.1015(a), (b), and (e), Tax Code,

 160-5   are amended to read as follows:

 160-6         (a)  A taxable entity [corporation] that has been designated

 160-7   as an enterprise project as provided by Chapter 2303, Government

 160-8   Code, may deduct either:

 160-9               (1)  from its apportioned taxable capital, 50 percent

160-10   of its capital investment in the enterprise zone in which the

160-11   enterprise project is located; or

160-12               (2)  from its apportioned taxable earned surplus, five

160-13   percent of its capital investment in the enterprise zone in which

160-14   the enterprise project is located.  The deduction may be taken on

160-15   each franchise tax report that is based on a taxable entity's

160-16   [corporation's] fiscal year during all or part of which the taxable

160-17   entity [corporation] is an enterprise project.

160-18         (b)  The deduction authorized by this section is limited to

160-19   the depreciated value of capital equipment or other investment that

160-20   qualifies for depreciation for federal income tax purposes and that

160-21   is placed in service in the zone after designation as an enterprise

160-22   project.  The depreciated value must be computed by a method which

160-23   is otherwise acceptable for that taxable entity's [corporation's]

160-24   franchise tax report and must be computed for each report on  which

160-25   it is taken by the same method of depreciation.

160-26         (e)  A taxable entity [corporation] may elect to make the

160-27   deduction authorized by this section either from apportioned

 161-1   taxable capital or apportioned taxable earned surplus for each

 161-2   separate regular annual period.  An election for an initial period

 161-3   applies to the second tax period and to the first regular annual

 161-4   period.

 161-5         SECTION 3.10.  Section 171.103, Tax Code, is amended to read

 161-6   as follows:

 161-7         Sec. 171.103.  DETERMINATION OF GROSS RECEIPTS FROM BUSINESS

 161-8   DONE IN THIS STATE FOR TAXABLE CAPITAL.  (a)  In apportioning

 161-9   taxable capital, the gross receipts of a taxable entity

161-10   [corporation]  from its business done in this state is the sum of

161-11   the taxable entity's [corporation's] receipts from:

161-12               (1)  each sale of tangible personal property if the

161-13   property is delivered or shipped to a buyer in this state

161-14   regardless of the FOB point or another condition of the sale, and

161-15   each sale of tangible personal property shipped from this state to

161-16   a purchaser in another state in which the seller is not subject to

161-17   taxation;

161-18               (2)  each service performed in this state;

161-19               (3)  each rental of property situated in this state;

161-20               (4)  each [royalty for the] use of a patent, [or]

161-21   copyright, trademark, franchise, or license in this state; [and]

161-22               (5)  each sale of real property located in this state,

161-23   including royalties for oil, gas, or other mineral interests; and

161-24               (6)  other business done in this state.

161-25         (b)  If a taxable entity sells an investment or capital

161-26   asset, the taxable entity's gross receipts from business done in

161-27   this state include only the gain from the sale.

 162-1         (c)  Gross receipts from interest, dividends, sales of

 162-2   intangibles, and other business done in this state shall be

 162-3   apportioned to this state if:

 162-4               (1)  the commercial domicile of the recipient is in

 162-5   this state; and

 162-6               (2)  the gross receipt is not interest from, a dividend

 162-7   from, or the sale of stock of a subsidiary, associate, or

 162-8   affiliated corporation:

 162-9                     (A)  whose income is received predominantly from

162-10   sources outside of the United States or from a subsidiary,

162-11   associate, or affiliated corporation whose income is predominantly

162-12   from sources outside of the United States; and

162-13                     (B)  that does not transact and does not have a

162-14   subsidiary that transacts a substantial portion of its business, or

162-15   regularly maintains a substantial portion of its assets, in the

162-16   United States.

162-17         (d)  For purposes of Subsection(c)(2)(B), a holding company

162-18   incorporated in the United States that owns stock only of a

162-19   subsidiary, associate, or affiliated corporation that transacts

162-20   substantially all of its business outside of the United States or

162-21   of another holding company that owns stock only of a subsidiary,

162-22   associate, or affiliated corporation that transacts substantially

162-23   all of its business outside of the United States does not transact

162-24   a substantial portion of its business or regularly  maintain a

162-25   substantial portion of its assets in the United States.

162-26         (e)  In apportioning taxable capital of a telephone company

162-27   or a transportation company, the comptroller shall adopt rules to

 163-1   apportion to this state receipts from this state's portion of a

 163-2   transaction within and without this state.

 163-3         SECTION 3.11.  Section 171.1032, Tax Code, is amended to read

 163-4   as follows:

 163-5         Sec. 171.1032.  DETERMINATION OF GROSS RECEIPTS FROM BUSINESS

 163-6   DONE IN THIS STATE FOR TAXABLE EARNED SURPLUS.  (a)  Except for the

 163-7   gross receipts of a taxable entity [corporation] that are subject

 163-8   to the provisions of Section 171.1061, in apportioning taxable

 163-9   earned surplus, the gross receipts of a taxable entity

163-10   [corporation] from its business done in this state is the sum of

163-11   the taxable entity's [corporation's] receipts from:

163-12               (1)  each sale of tangible personal property if the

163-13   property is delivered or shipped to a buyer in this state

163-14   regardless of the FOB point or another condition of the sale, and

163-15   each sale of tangible personal property shipped from this state to

163-16   a purchaser in another state in which the seller is not subject to

163-17   any tax on, or measured by, net income, without regard to whether

163-18   the tax is imposed;

163-19               (2)  each service performed in this state;

163-20               (3)  each rental of property situated in this state;

163-21               (4)  each [royalty for the] use of a patent, [or]

163-22   copyright, trademark, franchise, or license in this state; [and]

163-23               (5)  each sale of real property located in this state,

163-24   including royalties for oil, gas, or other mineral interests; and

163-25               (6)  other business done in this state.

163-26         (b)  If a taxable entity sells an investment or capital

163-27   asset, the taxable entity's gross receipts from business done in

 164-1   this state include only the gain from the sale [A corporation shall

 164-2   deduct from its gross receipts computed under Subsection (a) any

 164-3   amount to the extent included under Subsection (a) because of the

 164-4   application of Section 78 or Sections 951-964, Internal Revenue

 164-5   Code, and dividends received from a subsidiary, associate, or

 164-6   affiliated corporation that does not transact a substantial portion

 164-7   of its business or regularly maintain a substantial portion of its

 164-8   assets in the United States].

 164-9         (c)  Gross receipts from interest, dividends, sales of

164-10   intangibles, and other business done in this state shall be

164-11   apportioned to this state if:

164-12               (1)  the commercial domicile of the recipient is in

164-13   this state; and

164-14               (2)  the gross receipt is not interest from, a dividend

164-15   from, or the sale of stock of, a subsidiary, associate, or

164-16   affiliated corporation:

164-17                     (A)  whose income is received predominantly from

164-18   sources outside of the United States or from a subsidiary,

164-19   associate, or affiliated corporation whose income is predominantly

164-20   from sources outside of the United States; and

164-21                     (B)  that does not transact and does not have a

164-22   subsidiary that transacts a substantial portion of its business, or

164-23   regularly maintains a substantial portion of its assets, in the

164-24   United States.

164-25         (d)  For purposes of Subsection (c)(2)(B), a holding company

164-26   incorporated in the United States that owns stock only of a

164-27   subsidiary, associate, or affiliated corporation that transacts

 165-1   substantially all of its business outside of the United States or

 165-2   of another holding company that owns stock only of a subsidiary,

 165-3   associate, or affiliated corporation that transacts substantially

 165-4   all of its business outside of the United States does not transact

 165-5   a substantial portion of its business or regularly maintain a

 165-6   substantial portion of its assets in the United States.

 165-7         (e)  In apportioning taxable earned surplus of a telephone

 165-8   company or a transportation company, the comptroller shall adopt

 165-9   rules to apportion to this state receipts from this state's portion

165-10   of a transaction within and without this state.

165-11         SECTION 3.12.  Section 171.105, Tax Code, is amended to read

165-12   as follows:

165-13         Sec. 171.105.  DETERMINATION OF GROSS RECEIPTS FROM ENTIRE

165-14   BUSINESS FOR TAXABLE CAPITAL.  (a)  In apportioning taxable

165-15   capital, the gross receipts of a taxable entity [corporation] from

165-16   its entire business is the sum of the taxable entity's

165-17   [corporation's] receipts from:

165-18               (1)  each sale of the taxable entity's [corporation's]

165-19   tangible personal property;

165-20               (2)  each service, rental, or royalty; and

165-21               (3)  other business.

165-22         (b)  If a taxable entity [corporation] sells an investment or

165-23   capital asset, the taxable entity's [corporation's] gross receipts

165-24   from its entire business for taxable capital include only the net

165-25   gain from the sale.

165-26         SECTION 3.13.  Section 171.1051, Tax Code, is amended to read

165-27   as follows:

 166-1         Sec. 171.1051.  DETERMINATION OF GROSS RECEIPTS FROM ENTIRE

 166-2   BUSINESS FOR TAXABLE EARNED SURPLUS.  (a)  Except for the gross

 166-3   receipts of a taxable entity [corporation] that are subject to the

 166-4   provisions of Section 171.1061, in apportioning taxable earned

 166-5   surplus, the gross receipts of a taxable entity [corporation] from

 166-6   its entire business is the sum of the taxable entity's

 166-7   [corporation's] receipts from:

 166-8               (1)  each sale of the taxable entity's [corporation's]

 166-9   tangible personal property;

166-10               (2)  each service, rental, or royalty; and

166-11               (3)  other business.

166-12         (b)  If a taxable entity [corporation] sells an investment or

166-13   capital asset, the taxable entity's [corporation's] gross receipts

166-14   from its entire business for taxable earned surplus includes only

166-15   the net gain from the sale.

166-16         [(c)  A corporation shall deduct from its gross receipts

166-17   computed under Subsection (a) any amount to the extent included in

166-18   Subsection (a) because of the application of Section 78 or Sections

166-19   951-964, Internal Revenue Code, and dividends received from a

166-20   subsidiary, associate, or affiliated corporation that does not

166-21   transact a substantial portion of its business or regularly

166-22   maintain a substantial portion of its assets in the United States.]

166-23         SECTION 3.14.  Section 171.106, Tax Code, is amended to read

166-24   as follows:

166-25         Sec. 171.106.  APPORTIONMENT OF TAXABLE CAPITAL AND TAXABLE

166-26   EARNED SURPLUS TO THIS STATE.  (a)  A taxable entity's [Except as

166-27   provided by Subsection (c), a corporation's] taxable capital is

 167-1   apportioned to this state to determine the amount of the tax

 167-2   imposed under Section 171.002(b)(1) by multiplying the taxable

 167-3   entity's [corporation's] taxable capital by a fraction, the

 167-4   numerator of which is the taxable entity's [corporation's] gross

 167-5   receipts from business done in this state, as determined under

 167-6   Section 171.103 or 171.1031, as applicable, and the denominator of

 167-7   which is the taxable entity's [corporation's] gross receipts from

 167-8   its entire business, as determined under Section 171.105.

 167-9         (b)  A taxable entity's [Except as provided by Subsection

167-10   (c), a corporation's] taxable earned surplus is apportioned to this

167-11   state to determine the amount of tax imposed under Section

167-12   171.002(b)(2) by multiplying the taxable earned surplus by a

167-13   fraction, the numerator of which is the taxable entity's

167-14   [corporation's] gross receipts from business done in this state, as

167-15   determined under Section 171.1031 or 171.1032, as applicable, and

167-16   the denominator of which is the taxable entity's [corporation's]

167-17   gross receipts from its entire business, as determined under

167-18   Section 171.1051.

167-19         [(c)  A corporation's taxable capital or earned surplus that

167-20   is derived, directly or indirectly, from the sale of management,

167-21   distribution, or administration services to or on behalf of a

167-22   regulated investment company, including a corporation that includes

167-23   trustees or sponsors of employee benefit plans that have accounts

167-24   in a regulated investment company, is apportioned to this state to

167-25   determine the amount of the tax imposed under Section 171.002 by

167-26   multiplying the corporation's total taxable capital or earned

167-27   surplus from the sale of services to or on behalf of a regulated

 168-1   investment company by a fraction, the numerator of which is the

 168-2   average of the sum of shares owned at the beginning of the year and

 168-3   the sum of shares owned at the end of the year by the investment

 168-4   company shareholders who are commercially domiciled in this state,

 168-5   and the denominator of which is the average of the sum of shares

 168-6   owned at the beginning of the year and the sum of shares owned at

 168-7   the end of the year by all investment company shareholders. The

 168-8   corporation shall make a separate computation to allocate taxable

 168-9   capital and earned surplus.  In this subsection, "regulated

168-10   investment company" has the meaning assigned by Section 851(a),

168-11   Internal Revenue Code.]

168-12         SECTION 3.15.  Section 171.1061, Tax Code, is amended to read

168-13   as follows:

168-14         Sec. 171.1061.  ALLOCATION OF CERTAIN TAXABLE EARNED SURPLUS

168-15   TO THIS STATE.  An item of income included in a taxable entity's

168-16   [corporation's] taxable earned surplus, except that portion derived

168-17   from dividends and interest, that a state, other than this state,

168-18   or a country, other than the United States, cannot tax because the

168-19   activities generating that item of income do not have sufficient

168-20   unitary connection with the taxable entity's [corporation's] other

168-21   activities conducted within that state or country under the United

168-22   States Constitution, is allocated to this state if the taxable

168-23   entity's [corporation's] commercial domicile is in this state.

168-24   Income that can only be allocated to the state of commercial

168-25   domicile because the income has insufficient unitary connection

168-26   with any other state or country shall be allocated to this state or

168-27   another state or country net of expenses related to that income.  A

 169-1   portion of a taxable entity's [corporation's] taxable earned

 169-2   surplus allocated to this state under this section may not be

 169-3   apportioned under Section 171.110(a)(2).

 169-4         SECTION 3.16.  Section 171.109, Tax Code, as amended by

 169-5   Chapters 801 and 1198, Acts of the 71st Legislature, Regular

 169-6   Session, 1989, is amended to read as follows:

 169-7         Sec. 171.109.  SURPLUS.  (a)  In this chapter:

 169-8               (1)  "Surplus" means the net assets of a taxable entity

 169-9   [corporation] minus its stated capital.  For a limited liability

169-10   company, "surplus" means the net assets of the company minus its

169-11   members' contributions.  Surplus includes unrealized, estimated, or

169-12   contingent losses or obligations or any writedown of assets other

169-13   than those listed in Subsection (i) of this section net of

169-14   appropriate income tax provisions.  The definition under this

169-15   subdivision does not apply to earned surplus.

169-16               (2)  "Net assets" means the total assets of a taxable

169-17   entity [corporation] minus its total debts.

169-18               (3)  "Debt" means any legally enforceable obligation

169-19   measured in a certain amount of money which must be performed or

169-20   paid within an ascertainable period of time or on demand.

169-21         (b)  Except as otherwise provided in this section, a taxable

169-22   entity [corporation] must compute its surplus, assets, and debts

169-23   according to generally accepted accounting principles.  If

169-24   generally accepted accounting principles are unsettled or do not

169-25   specify an accounting practice for a particular purpose related to

169-26   the computation of surplus, assets, or debts, the comptroller by

169-27   rule may establish rules to specify the applicable accounting

 170-1   practice for that purpose.

 170-2         (c)  A taxable entity [corporation] whose taxable capital is

 170-3   less than $1 million may report its surplus according to the

 170-4   method used in the taxable entity's [corporation's] most recent

 170-5   federal income tax return originally due on or before the date on

 170-6   which the taxable entity's [corporation's] franchise tax report is

 170-7   originally due.  In determining if taxable capital is less than $1

 170-8   million, the taxable entity [corporation] shall apply the methods

 170-9   the taxable entity [corporation] used in computing that federal

170-10   income tax return unless another method is required under this

170-11   chapter.

170-12         (d)  A taxable entity [corporation] shall report its surplus

170-13   based solely on its own financial condition.  Consolidated

170-14   reporting of the surplus of related taxable entities [corporations]

170-15   is prohibited.

170-16         (e)  A taxable entity [Unless the provisions of Section

170-17   171.111 apply due to an election under that section, a corporation]

170-18   may not change the accounting methods used to compute its surplus

170-19   more often than once every four years without the written consent

170-20   of the comptroller.  A change in accounting methods is not

170-21   justified solely because it results in a reduction of tax

170-22   liability.

170-23         (f)  A taxable entity making a distribution [corporation

170-24   declaring dividends] shall exclude the distribution [those

170-25   dividends] from its taxable capital, and a taxable entity

170-26   [corporation] receiving a distribution [dividends] shall include

170-27   the distribution [those dividends] in its  gross receipts and

 171-1   taxable capital as of the earlier of:

 171-2               (1)  the date the distribution is [dividends are]

 171-3   declared, if the distribution is [dividends are] actually paid

 171-4   within one year after the declaration date; or

 171-5               (2)  the date the distribution is [dividends are]

 171-6   actually paid.

 171-7         (g)  All oil and gas exploration and production activities

 171-8   conducted by a taxable entity [corporation] that reports its

 171-9   surplus according to generally accepted accounting principles as

171-10   required or permitted by this chapter must be reported according to

171-11   the successful efforts or the full cost method of accounting.

171-12         (h)  A parent or investor taxable entity [corporation] must

171-13   use the cost method of accounting in reporting and calculating the

171-14   franchise tax on its investments in subsidiary taxable entities

171-15   [corporations] or other investees.  The retained earnings of a

171-16   subsidiary corporation or other investee before acquisition by the

171-17   parent or investor taxable entity [corporation] may not be excluded

171-18   from the cost of the subsidiary corporation or investee to the

171-19   parent or investor taxable entity [corporation] and must be

171-20   included by the parent or investor taxable entity [corporation] in

171-21   calculating its surplus.

171-22         (i)  The following accounts may also be excluded from

171-23   surplus, to the extent they are in conformance with generally

171-24   accepted accounting principles or the appropriate federal income

171-25   tax method, whichever is applicable:

171-26               (1)  a reserve or allowance for uncollectable accounts;

171-27   and

 172-1               (2)  a contra-asset account for depletion,

 172-2   depreciation, or amortization.

 172-3         (j)  A taxable entity [corporation] may not exclude from

 172-4   surplus:

 172-5               (1)  liabilities for compensation and other benefits

 172-6   provided to employees, other than wages, that are not debt as of

 172-7   the end of the accounting period on which the taxable capital

 172-8   component is based, including retirement, medical, insurance,

 172-9   postretirement, and other similar benefits; and

172-10               (2)  deferred investment tax credits.

172-11         (k)  Notwithstanding any other provision in this chapter, a

172-12   taxable entity [corporation] subject to the tax imposed by this

172-13   chapter shall use double entry bookkeeping to account for all

172-14   transactions that affect the computation of that tax.

172-15         (l)  The "first in-first out" and "last in-first out" methods

172-16   of accounting are acceptable methods for computing surplus.

172-17         (m)  A taxable entity [corporation] may not use the push-down

172-18   method of accounting in computing or reporting its surplus.

172-19         SECTION 3.17.  Section 171.110, Tax Code, is amended to read

172-20   as follows:

172-21         Sec. 171.110.  DETERMINATION OF NET TAXABLE EARNED SURPLUS.

172-22   (a)  Except as provided by Section 171.1101, the [The] net taxable

172-23   earned surplus of a taxable entity [corporation] is computed by:

172-24               (1)  determining the taxable entity's [corporation's]

172-25   reportable federal taxable income and making the following

172-26   adjustments:[,]

172-27                     (A)  subtracting [from that amount] any amount

 173-1   included in reportable federal taxable income under Section 78 or

 173-2   Sections 951-964, Internal Revenue Code;[, and]

 173-3                     (B)  subtracting any taxable income or deductions

 173-4   included under the provisions of Section 702(a) or 1366(a),

 173-5   Internal Revenue Code, to the extent included in computing federal

 173-6   taxable income from an S corporation or a partnership that is

 173-7   subject to the earned surplus component of the tax imposed under

 173-8   this chapter;

 173-9                     (C)  adding, for each other taxable entity owned

173-10   in whole or part by the taxable entity, in proportion to the amount

173-11   of that ownership, any amount of passive income subtracted from

173-12   reportable federal taxable income under Section 171.1102 by the

173-13   other taxable entity;

173-14                     (D)  subtracting dividends received from a

173-15   subsidiary, associate, or affiliated corporation that does not

173-16   transact a substantial portion of its business or regularly

173-17   maintain a substantial portion of its assets in the United

173-18   States;[, and]

173-19                     (E)  adding 100 percent of compensation, to the

173-20   extent excluded in determining reportable federal taxable income,

173-21   of:

173-22                           (i)  each officer, except if a bank, only

173-23   each executive officer;

173-24                           (ii)  each director; and

173-25                           (iii)  each owner who owns 0.1 percent or

173-26   more of the taxable entity [to that amount any compensation of

173-27   officers or directors, or if a bank, any compensation of directors

 174-1   and executive officers, to the extent excluded in determining

 174-2   federal taxable income to determine the corporation's taxable

 174-3   earned surplus]; and

 174-4                     (F)  for a taxable entity with 35 or fewer

 174-5   owners, directly or indirectly, subtracting an amount up to

 174-6   $100,000 in compensation paid to each owner who owns 0.1 percent or

 174-7   more of the taxable entity;

 174-8               (2)  apportioning the taxable entity's [corporation's]

 174-9   taxable earned surplus to this state as provided by Section

174-10   171.106(b) [or (c), as applicable,] to determine the taxable

174-11   entity's [corporation's] apportioned taxable earned surplus;

174-12               (3)  adding the taxable entity's [corporation's]

174-13   taxable earned surplus allocated to this state as provided by

174-14   Section 171.1061; and

174-15               (4)  subtracting from that amount any allowable

174-16   deductions and any business loss that is carried forward to the tax

174-17   reporting period and deductible under Subsection (e).

174-18         (b)  For purposes of Subsection (a)(1):

174-19               (1)  an amount may not be subtracted from reportable

174-20   federal taxable income more than once;

174-21               (2)  an amount may not be added to reportable federal

174-22   taxable income more than once; and

174-23               (3)  husband and wife are treated as one owner if the

174-24   ownership interest is:

174-25                     (A)  stock issued to them jointly; or

174-26                     (B)  represented by a certificate, statement in a

174-27   trust, or other evidence of ownership and the evidence identifies

 175-1   the spouses as joint owners of the same interest.  [A corporation

 175-2   is not required to add the compensation of officers or directors as

 175-3   required by Subsection (a)(1) if the corporation is:]

 175-4               [(1)  a corporation that has not more than 35

 175-5   shareholders; or]

 175-6               [(2)  an S corporation, as that term is defined by

 175-7   Section 1361, Internal Revenue Code.]

 175-8         (c)  [Subsection (b) does not apply to a subsidiary

 175-9   corporation unless it applies to the subsidiary's parent

175-10   corporation.]

175-11         [(d)]  A corporation's reportable federal taxable income is

175-12   the corporation's federal taxable income after Schedule C special

175-13   deductions and before net operating loss deductions as computed

175-14   under the Internal Revenue Code, except that an S corporation's

175-15   reportable federal taxable income is the amount of the income

175-16   reportable to the Internal Revenue Service as taxable to the

175-17   corporation's shareholders.

175-18         (d)  Reportable federal taxable income shall be determined

175-19   before adjustment for distributions to owners and includes all

175-20   income taxable to the entity or the owners for federal income tax

175-21   purposes.

175-22         (e)  For purposes of this section, a business loss is any

175-23   negative amount after apportionment and allocation. The business

175-24   loss shall be carried forward to the year succeeding the loss year

175-25   as a deduction to net taxable earned surplus, then successively to

175-26   the succeeding four taxable years after the loss year or until the

175-27   loss is exhausted, whichever occurs first, but for not more than

 176-1   five taxable years after the loss year.  Notwithstanding the

 176-2   preceding sentence, a business loss from a tax year that ends

 176-3   before January 1, 1991, may not be used to reduce net taxable

 176-4   earned surplus.  A business loss incurred before January 1, 1997,

 176-5   may not be used to reduce the net taxable earned surplus of a

 176-6   taxable entity not subject to this chapter before January 1, 1998.

 176-7         (f)  A taxable entity [corporation] may use either the "first

 176-8   in-first out" or "last in-first out" method of accounting to

 176-9   compute its net taxable earned surplus, but only to the extent that

176-10   the taxable entity [corporation] used that method on its most

176-11   recent federal income tax report originally due on or before the

176-12   date on which the taxable entity's [corporation's] franchise tax

176-13   report is originally due.

176-14         (g)  For purposes of this section, an approved Employee Stock

176-15   Ownership Plan controlling a minority interest and voted through a

176-16   single trustee shall be considered one owner [shareholder].

176-17         SECTION 3.18.  Subchapter C, Chapter 171, Tax Code, is

176-18   amended by adding Section 171.1101 to read as follows:

176-19         Sec. 171.1101.  DETERMINATION OF NET TAXABLE EARNED SURPLUS

176-20   OF PARTNERSHIPS.  (a)  The net taxable earned surplus of a

176-21   partnership is computed by:

176-22               (1)  determining the partnership's reportable federal

176-23   taxable income and making the following adjustments:

176-24                     (A)  subtracting any taxable income or deductions

176-25   included under the provisions of Section 702(a) or 1366(a),

176-26   Internal Revenue Code, to the extent included in computing

176-27   reportable federal taxable income from a partnership that is

 177-1   subject to the earned surplus component of the tax imposed under

 177-2   this chapter;

 177-3                     (B)  adding 100 percent of guaranteed payments,

 177-4   to the extent excluded in determining reportable federal taxable

 177-5   income, made to each partner; and

 177-6                     (C)  for a partnership with 35 or fewer partners,

 177-7   all of whom are natural persons, subtracting an amount up to

 177-8   $100,000 in guaranteed payments made to each partner;

 177-9               (2)  apportioning the partnership's taxable earned

177-10   surplus to this state as provided by Section 171.106(b) to

177-11   determine the partnership's apportioned taxable earned surplus;

177-12               (3)  adding the partnership's taxable earned surplus

177-13   allocated to this state as provided by Section 171.1061; and

177-14               (4)  subtracting from that amount any allowable

177-15   deductions and any business loss that is carried forward to the tax

177-16   reporting period and deductible under Subsection (d).

177-17         (b)  For purposes of Subsection (a)(1):

177-18               (1)  an amount may not be subtracted from reportable

177-19   federal taxable income more than once;

177-20               (2)  an amount may not be added to reportable federal

177-21   taxable income more than once; and

177-22               (3)  in determining whether a partnership has 35 or

177-23   fewer partners, husband and wife are treated as one partner.

177-24         (c)  A partnership's reportable federal taxable income is the

177-25   amount of the income reportable to the Internal Revenue Service as

177-26   taxable to the partners, except for guaranteed payments, if taxed

177-27   as a partnership for federal income tax purposes.

 178-1         (d)  For  purposes of  this section, a  business loss  is

 178-2   any negative amount after apportionment and allocation.  The

 178-3   business loss shall be carried forward to the year succeeding the

 178-4   loss year as a deduction to net taxable earned surplus, then

 178-5   successively to the succeeding four taxable years after the loss

 178-6   year or until the loss is exhausted, whichever occurs first, but

 178-7   for not more than five taxable years after the loss year.

 178-8   Notwithstanding the preceding sentence, a business loss incurred

 178-9   before January 1, 1997, may not be used to reduce net taxable

178-10   earned surplus.

178-11         SECTION 3.181.   Subchapter C, Chapter 171, Tax Code, is

178-12   amended by adding Section 171.1102 to read as follows:

178-13         Sec. 171.1102.  ADDITIONAL ADJUSTMENT OF NET TAXABLE EARNED

178-14   SURPLUS FOR PASSIVE INCOME OF CERTAIN TAXABLE ENTITIES.  (a)  In

178-15   addition to the applicable adjustments to a taxable entity's

178-16   reportable federal taxable income provided by Section 171.110(a)(1)

178-17   or 171.1101(a)(1), the net taxable earned surplus of a taxable

178-18   entity to which this section applies is computed by subtracting any

178-19   amount of passive income included in reportable federal taxable

178-20   income.

178-21         (b)  This section applies to a taxable entity other than:

178-22               (1)  a corporation, including a banking corporation;

178-23               (2)  a limited liability company;

178-24               (3)  a state or federal savings and loan association;

178-25   or

178-26               (4)  a lending institution.

178-27         (c)  In this section, "lending institution" means an entity:

 179-1               (1)  that is regularly engaged in the business of

 179-2   extending credit, making loans, or providing other forms of

 179-3   financing; and

 179-4               (2)  that, as a result of engaging in the activity

 179-5   described by Subdivision (1), is required to register or become

 179-6   licensed under state law, including registration with the Office of

 179-7   Consumer Credit Commissioner under Title 79, Revised Statutes, by

 179-8   another state under similar law, or by the federal government.

 179-9         SECTION 3.19.  Sections 171.112(b), (c), (d), (e), (f), and

179-10   (h), Tax Code, are amended to read as follows:

179-11         (b)  Except as otherwise provided in this section, a taxable

179-12   entity [corporation] must compute gross receipts in accordance with

179-13   generally accepted accounting principles.  If generally accepted

179-14   accounting principles are unsettled or do not specify an accounting

179-15   practice for a particular purpose related to the computation of

179-16   gross receipts, the comptroller by rule may establish rules to

179-17   specify the applicable accounting practice.

179-18         (c)  A taxable entity [corporation] whose taxable capital is

179-19   less than $1 million may report its gross receipts according to the

179-20   method used in the taxable entity's [corporation's] most recent

179-21   federal income tax return originally due on or before the date on

179-22   which the taxable entity's [corporation's] franchise tax report is

179-23   originally due.  In determining if taxable capital is less than $1

179-24   million, the taxable entity [corporation] shall apply the methods

179-25   the taxable entity [corporation] used in computing that federal

179-26   income tax return unless another method is required under this

179-27   chapter.

 180-1         (d)  A taxable entity [corporation] shall report its gross

 180-2   receipts based solely on its own financial condition.  Consolidated

 180-3   reporting of related taxable entities [corporations] is prohibited.

 180-4         (e)  A taxable entity [Unless the provisions of Section

 180-5   171.111 apply due to an election under that section, a corporation]

 180-6   may not change its accounting methods used to calculate gross

 180-7   receipts more often than once every four years without the express

 180-8   written consent of the comptroller.  A change in accounting methods

 180-9   is not justified solely because it results in a reduction of tax

180-10   liability.

180-11         (f)  Notwithstanding any other provision in this chapter, a

180-12   taxable entity [corporation] subject to the tax imposed by this

180-13   chapter shall use double entry bookkeeping to account for all

180-14   transactions that affect the computation of that tax.

180-15         (h)  Except as otherwise provided by this section, a taxable

180-16   entity [corporation] shall use the same accounting methods to

180-17   apportion its taxable capital as it used to compute its taxable

180-18   capital.

180-19         SECTION 3.20.  Section 171.1121, Tax Code, is amended to read

180-20   as follows:

180-21         Sec. 171.1121.  GROSS RECEIPTS FOR TAXABLE EARNED SURPLUS.

180-22   (a)  For purposes of this section, "gross receipts" means all

180-23   revenues reportable by a  taxable entity [corporation] on its

180-24   federal tax return, without deduction for the cost of property

180-25   sold, materials used, labor performed, or other costs incurred,

180-26   unless otherwise specifically provided in this chapter. "Gross

180-27   receipts" does not include revenues that are not included in

 181-1   taxable earned surplus.  For example, Schedule C special deductions

 181-2   and any amounts subtracted from reportable federal taxable income

 181-3   under Section 171.110(a)(1) are not included in taxable earned

 181-4   surplus and therefore are not considered gross receipts.

 181-5         (b)  Except as otherwise provided by this section, a taxable

 181-6   entity [corporation] shall use the same accounting methods to

 181-7   apportion taxable earned surplus as used in computing reportable

 181-8   federal taxable income.

 181-9         (c)  A taxable entity [corporation] shall report its gross

181-10   receipts based solely on its own financial condition.  Consolidated

181-11   reporting of related taxable entities [corporations] is prohibited.

181-12         (d)  A taxable entity [Unless the provisions of Section

181-13   171.111 apply due to an election under that section, a corporation]

181-14   may not change its accounting methods used to calculate gross

181-15   receipts more often than once every four years without the express

181-16   written consent of the comptroller.  A change in accounting methods

181-17   is not justified solely because it results in a reduction of tax

181-18   liability.

181-19         SECTION 3.21.  Section 171.113, Tax Code, is amended to read

181-20   as follows:

181-21         Sec. 171.113.  ALTERNATE METHOD OF DETERMINING TAXABLE

181-22   CAPITAL AND GROSS RECEIPTS FOR SMALL BUSINESS ENTITIES [CERTAIN

181-23   CORPORATIONS].  (a)  This section applies only to a small business

181-24   entity[:]

181-25               [(1)  a corporation organized as a close corporation

181-26   under Part 12, Texas Business Corporation Act, that has not more

181-27   than 35 shareholders;]

 182-1               [(2)  a foreign corporation organized under the close

 182-2   corporation law of another state that has not more than 35

 182-3   shareholders; and]

 182-4               [(3)  an S corporation as that term is defined by

 182-5   Section 1361, Internal Revenue Code of 1986 (26 U.S.C. Section

 182-6   1361)].

 182-7         (b)  A small business entity [corporation to which this

 182-8   section applies] may elect to compute its surplus, assets, debts,

 182-9   and gross receipts according to the method the business entity

182-10   [corporation] uses to report its federal income tax instead of as

182-11   provided by Sections 171.109(b) and (g) and Section 171.112(b).

182-12   This section does not affect the application of the other

182-13   subsections of Sections 171.109 and 171.112 and other provisions of

182-14   this chapter to a small business entity [corporation] making the

182-15   election.

182-16         (c)  The comptroller may adopt rules as necessary to specify

182-17   the reporting requirements for a small business entity

182-18   [corporations to which this section applies].

182-19         (d)  This section does not apply to a subsidiary corporation

182-20   unless it applies to the parent corporation of the subsidiary.

182-21         (e)  The election under Subsection (b) becomes effective when

182-22   written notice of the election is received by the comptroller from

182-23   the small business entity [corporation].  An election under

182-24   Subsection (b) must be postmarked not later than the due date for

182-25   the electing small business entity's [corporation's] franchise tax

182-26   report to which the election applies.

182-27         SECTION 3.22.  Section 171.151, Tax Code, is amended to read

 183-1   as follows:

 183-2         Sec. 171.151.  PRIVILEGE PERIOD COVERED BY TAX.  The

 183-3   franchise tax shall be paid for each of the following:

 183-4               (1)  an initial period beginning on the taxable

 183-5   entity's [corporation's] beginning date and ending on the day

 183-6   before the first anniversary of the beginning date;

 183-7               (2)  a second period beginning on the first anniversary

 183-8   of the beginning date and ending on December 31 following that

 183-9   date; and

183-10               (3)  after the initial and second periods have expired,

183-11   a regular annual period beginning each year on January 1 and ending

183-12   the following December 31.

183-13         SECTION 3.23.  Section 171.152(c), Tax Code, is amended to

183-14   read as follows:

183-15         (c)  Payment of the tax covering the regular annual period is

183-16   due May 15, of each year after the beginning of the regular annual

183-17   period.  However, if the first anniversary of the taxable entity's

183-18   [corporation's] beginning date is after October 3 and before

183-19   January 1, the payment of the tax covering the first regular annual

183-20   period is due on the same date as the tax covering the initial

183-21   period.

183-22         SECTION 3.24.  Sections 171.153(a) and (c), Tax Code, are

183-23   amended to read as follows:

183-24         (a)  The tax covering the initial period is reported on the

183-25   initial report and is based on the business done by the taxable

183-26   entity [corporation] during the period beginning on the taxable

183-27   entity's [corporation's] beginning date and:

 184-1               (1)  ending on the last accounting period ending date

 184-2   that is at least six months after the beginning date and at least

 184-3   60 days before the original due date of the initial report; or

 184-4               (2)  if there is no such period ending date in

 184-5   Subdivision (1) of this subsection, then ending on the day that is

 184-6   the last day of a calendar month and that is nearest to the end of

 184-7   the taxable entity's [corporation's] first year of business; or

 184-8               (3)  ending on the day after the merger occurs, for the

 184-9   survivor of a merger which occurs after the day on which the tax is

184-10   based in Subdivision (1) or Subdivision (2), whichever is

184-11   applicable, of Subsection (a)  and before January 1, of the year an

184-12   initial report is due by the survivor.

184-13         (c)  The tax covering the regular annual period is based on

184-14   the business done by the taxable entity [corporation] during its

184-15   last accounting period that ends in the year before the year in

184-16   which the tax is due;  unless a taxable entity [corporation] is the

184-17   survivor of a merger which occurs between the end of its last

184-18   accounting period in the year before the report year and January 1

184-19   of the report year, in which case the tax will be based on the

184-20   financial condition of the surviving taxable entity [corporation]

184-21   for the 12-month period ending on the day after the merger.

184-22   However, if the first anniversary of the taxable entity's

184-23   [corporation's] beginning date is after October 3 and before

184-24   January 1, the tax covering the first regular annual period is

184-25   based on the same business on which the tax covering the initial

184-26   period is based and is reported on the initial report.

184-27         SECTION 3.25.  Section 171.1532, Tax Code, is amended to read

 185-1   as follows:

 185-2         Sec. 171.1532.  BUSINESS ON WHICH TAX ON NET TAXABLE EARNED

 185-3   SURPLUS IS BASED.  (a)  The tax covering the privilege periods

 185-4   included on the initial report, as required by Section 171.153, is

 185-5   based on the business done by the taxable entity [corporation]

 185-6   during the period beginning on the taxable entity's [corporation's]

 185-7   beginning date and:

 185-8               (1)  ending on the last accounting period ending date

 185-9   for federal income tax purposes that is at least 60 days before the

185-10   original due date of the initial report; or

185-11               (2)  if there is no such period ending date in

185-12   Subdivision (1) of this subsection, then ending on the day that is

185-13   the last day of a calendar month and that is nearest to the end of

185-14   the taxable entity's [corporation's] first year of business.

185-15         (b)  The tax covering the regular annual period, other than a

185-16   regular annual period included on the initial report, is based on

185-17   the business done by the taxable entity [corporation] during the

185-18   period beginning with the day after the last date upon which net

185-19   taxable earned surplus on a previous report was based and ending

185-20   with its last accounting period ending date for federal income tax

185-21   purposes in the year before the year in which the report is

185-22   originally due.

185-23         SECTION 3.26.  Section 171.154, Tax Code, is amended to read

185-24   as follows:

185-25         Sec. 171.154.  PAYMENT TO COMPTROLLER.  A taxable entity

185-26   [corporation] on which a tax is imposed by this chapter shall pay

185-27   the tax to the comptroller.

 186-1         SECTION 3.27.  Section 171.201, Tax Code, is amended to read

 186-2   as follows:

 186-3         Sec. 171.201.  INITIAL REPORT.  (a)  Except as provided by

 186-4   Section 171.2022, a taxable entity [corporation] on which the

 186-5   franchise tax is imposed shall file an initial report with the

 186-6   comptroller containing:

 186-7               (1)  information showing the financial condition of the

 186-8   taxable entity [corporation] on the day that is the last day of a

 186-9   calendar month and that is nearest to the end of the taxable

186-10   entity's [corporation's] first year of business;

186-11               (2)  the name and address of each officer and director

186-12   of the taxable entity [corporation];

186-13               (3)  the name and address of the agent of the taxable

186-14   entity [corporation] designated under Section 171.354; and

186-15               (4)  other information required by the comptroller.

186-16         (b)  The taxable entity [corporation] shall file the report

186-17   on or before the date the payment is due under Subsection (a)  of

186-18   Section 171.152.

186-19         SECTION 3.28.  Sections 171.202(a), (b), (c), (e), and (f),

186-20   Tax Code, are amended to read as follows:

186-21         (a)  Except as provided by Section 171.2022, a taxable entity

186-22   [corporation] on which the franchise tax is imposed shall file an

186-23   annual report with the comptroller containing:

186-24               (1)  financial information of the taxable entity

186-25   [corporation] necessary to compute the tax under this chapter;

186-26               (2)  the name and address of each officer and director

186-27   of the taxable entity [corporation];

 187-1               (3)  the name and address of the agent of the taxable

 187-2   entity [corporation] designated under Section 171.354; and

 187-3               (4)  other information required by the comptroller.

 187-4         (b)  The taxable entity [corporation] shall file the report

 187-5   before May 16 of each year after the beginning of the regular

 187-6   annual period.  The report shall be filed on forms supplied by the

 187-7   comptroller.

 187-8         (c)  The comptroller shall grant an extension of time to a

 187-9   taxable entity [corporation] that is not required by rule to make

187-10   its tax payments by electronic funds transfer for the filing of a

187-11   report required by this section to any date on or before the next

187-12   November 15, if a taxable entity [corporation]:

187-13               (1)  requests the extension, on or before May 15, on a

187-14   form provided by the comptroller; and

187-15               (2)  remits with the request:

187-16                     (A)  not less than 90 percent of the amount of

187-17   tax reported as due on the report filed on or before November 15;

187-18   or

187-19                     (B)  100 percent of the tax paid in the previous

187-20   year.

187-21         (e)  The comptroller shall grant an extension of time for the

187-22   filing of a report required by this section by a taxable entity

187-23   [corporation] required by rule to make its tax payments by

187-24   electronic funds transfer to any date on or before the next August

187-25   15, if the taxable entity [corporation]:

187-26               (1)  requests the extension, on or before May 15, on a

187-27   form provided by the comptroller; and

 188-1               (2)  remits with the request:

 188-2                     (A)  not less than 90 percent of the amount of

 188-3   tax reported as due on the report filed on or before August 15; or

 188-4                     (B)  100 percent of the tax paid in the previous

 188-5   year.

 188-6         (f)  The comptroller shall grant an extension of time to a

 188-7   taxable entity [corporation] required by rule to make its tax

 188-8   payments by electronic funds transfer for the filing of a report

 188-9   due on or before August 15 to any date on or before the next

188-10   November 15, if the taxable entity [corporation]:

188-11               (1)  requests the extension, on or before August 15, on

188-12   a form provided by the comptroller; and

188-13               (2)  remits with the request the difference between the

188-14   amount remitted under Subsection (e) and 100 percent of the amount

188-15   of tax reported as due on the report filed on or before November

188-16   15.

188-17         SECTION 3.29.  Section 171.2022, Tax Code, is amended to read

188-18   as follows:

188-19         Sec. 171.2022.  EXEMPTION FROM REPORTING REQUIREMENTS.  A

188-20   taxable entity [corporation] that does not owe any tax under this

188-21   chapter for any period is not required to file a report under

188-22   Section 171.201, 171.202, or 171.2021.  The exemption applies only

188-23   to a period for which no tax is due.

188-24         SECTION 3.30.  Section 171.204, Tax Code, is amended to read

188-25   as follows:

188-26         Sec. 171.204.  INFORMATION REPORT.  To determine eligibility

188-27   for the exemption provided by Section 171.2022, or to determine the

 189-1   amount of the franchise tax or the correctness of a franchise tax

 189-2   report, the comptroller may require [an officer of] a taxable

 189-3   entity [corporation] that may be subject to the tax  imposed under

 189-4   this chapter to file an information report with the comptroller

 189-5   stating the amount of the taxable entity's [corporation's] taxable

 189-6   capital and earned surplus, or any other information the

 189-7   comptroller may request.

 189-8         SECTION 3.31.  Section 171.205, Tax Code, is amended to read

 189-9   as follows:

189-10         Sec. 171.205.  ADDITIONAL INFORMATION REQUIRED BY

189-11   COMPTROLLER.  The comptroller may require a taxable entity

189-12   [corporation] on which the franchise tax is imposed to furnish to

189-13   the comptroller information from the taxable entity's

189-14   [corporation's] books and records that has not been filed

189-15   previously and that is necessary for the comptroller to determine

189-16   the amount of the tax.

189-17         SECTION 3.32.  Section 171.206, Tax Code, is amended to read

189-18   as follows:

189-19         Sec. 171.206.  CONFIDENTIAL INFORMATION.  Except as provided

189-20   by Section 171.207 of this code, the following information is

189-21   confidential and may not be made open to public inspection:

189-22               (1)  information that is obtained from a record or

189-23   other instrument that is required by this chapter to be filed with

189-24   the comptroller; or

189-25               (2)  information, including information about the

189-26   business affairs, operations, profits, losses, or expenditures of a

189-27   taxable entity [corporation], obtained by an examination of the

 190-1   books  and records, officers, or employees of a taxable entity

 190-2   [corporation] on which a tax is imposed by this chapter.

 190-3         SECTION 3.33.  Section 171.208, Tax Code, is amended to read

 190-4   as follows:

 190-5         Sec. 171.208.  PROHIBITION OF DISCLOSURE OF INFORMATION.  A

 190-6   person, including a state officer or employee or a shareholder of a

 190-7   taxable entity [corporation], who has access to a report filed

 190-8   under this chapter may not make known in a manner not permitted  by

 190-9   law the amount or source of the taxable entity's [corporation's]

190-10   income, profits, losses, expenditures, or other information in  the

190-11   report relating to the financial condition of the taxable entity

190-12   [corporation].

190-13         SECTION 3.34.  Section 171.209, Tax Code, is amended to read

190-14   as follows:

190-15         Sec. 171.209.  RIGHT OF OWNER [SHAREHOLDER] TO EXAMINE OR

190-16   RECEIVE REPORTS.  If an owner in [a person owning at least one

190-17   share of outstanding stock of] a taxable entity [corporation] on

190-18   whom the franchise tax is  imposed presents evidence of the

190-19   ownership to the comptroller, the person is entitled to examine or

190-20   receive a copy of an initial or annual report that is filed under

190-21   Section 171.201 or 171.202 of this code and that relates to the

190-22   taxable entity [corporation].

190-23         SECTION 3.35.  Section 171.211, Tax Code, is amended to read

190-24   as follows:

190-25         Sec. 171.211.  EXAMINATION OF [CORPORATE] RECORDS.  To

190-26   determine the franchise tax liability of a taxable entity

190-27   [corporation], the comptroller may investigate or examine the

 191-1   records of the taxable entity [corporation].

 191-2         SECTION 3.36.  The heading to Subchapter F, Chapter 171, Tax

 191-3   Code, is amended to read as follows:

 191-4     SUBCHAPTER F.  FORFEITURE OF CORPORATE AND BUSINESS PRIVILEGES

 191-5         SECTION 3.37.  Subchapter F, Chapter 171, Tax Code, is

 191-6   amended by adding Sections 171.260-171.275 to read as follows:

 191-7         Sec. 171.260.  FORFEITURE OF RIGHT TO TRANSACT BUSINESS:

 191-8   LIMITED PARTNERSHIPS.  The comptroller shall forfeit the right of a

 191-9   domestic or foreign limited partnership subject to the tax imposed

191-10   by this chapter to transact business in this state if the limited

191-11   partnership:

191-12               (1)  does not file, in accordance with this chapter and

191-13   before the 45th day after the date notice of forfeiture is mailed,

191-14   a report required by this chapter;

191-15               (2)  does not pay, before the 45th day after the date

191-16   notice of forfeiture is mailed, a tax imposed by this chapter or

191-17   does not pay, before that date, a penalty imposed by this chapter

191-18   relating to that tax; or

191-19               (3)  does not permit the comptroller to investigate or

191-20   examine the records of the limited partnership to determine the

191-21   limited partnership's liability under this chapter.

191-22         Sec. 171.261.  EFFECTS OF FORFEITURE:  LIMITED PARTNERSHIPS.

191-23   If the limited partnership's right to transact business is

191-24   forfeited under this subchapter:

191-25               (1)  the limited partnership is denied the right to sue

191-26   in a court of this state; and

191-27               (2)  each partner, whether a limited or general

 192-1   partner, of the limited partnership is liable for a debt of the

 192-2   limited partnership as provided by Section 171.264.

 192-3         Sec. 171.262.  SUIT ON CAUSE OF ACTION ARISING BEFORE

 192-4   FORFEITURE:  LIMITED PARTNERSHIPS.  In a suit against a limited

 192-5   partnership on a cause of action arising before the forfeiture of

 192-6   the limited partnership's right to transact business, a court may

 192-7   not grant affirmative relief to the limited partnership unless its

 192-8   right to transact business is revived under this chapter.

 192-9         Sec. 171.263.  EXCEPTION TO FORFEITURE:  LIMITED

192-10   PARTNERSHIPS.  The forfeiture of a limited partnership's right to

192-11   transact business does not apply to the privilege to defend in a

192-12   suit to forfeit the limited partnership's certificate of limited

192-13   partnership or registration of foreign limited partnership.

192-14         Sec. 171.264.  LIABILITY OF PARTNERS:  LIMITED PARTNERSHIPS.

192-15   (a)  If the right to transact business of a limited partnership is

192-16   forfeited for the failure to file a report or pay a tax or penalty,

192-17   each partner of the limited partnership, whether a limited or

192-18   general partner, is liable for each debt of the limited partnership

192-19   that is created or incurred in this state after the date on which

192-20   the report, tax, or penalty is due and before the right to transact

192-21   business is revived.  The liability includes liability for any tax

192-22   or penalty imposed by this chapter on the limited partnership that

192-23   becomes due and payable after the date of the forfeiture.

192-24         (b)  All partners are liable jointly and severally for the

192-25   liability imposed under this subchapter.

192-26         (c)  If a limited partnership's certificate of limited

192-27   partnership or registration of foreign limited partnership and its

 193-1   right to transact business are forfeited and revived under this

 193-2   chapter, the liability under this section of a partner of the

 193-3   limited partnership is not affected by the revival of the

 193-4   certificate or registration and the right to transact business.

 193-5         Sec. 171.265.  NOTICE OF FORFEITURE:  LIMITED PARTNERSHIPS.

 193-6   (a)  To forfeit the right to transact business of a limited

 193-7   partnership, the comptroller must notify the limited partnership

 193-8   that the forfeiture will occur without a judicial proceeding unless

 193-9   the limited partnership:

193-10               (1)  files, within the time established by Section

193-11   171.260, the report to which that section refers; or

193-12               (2)  pays, within the time established by Section

193-13   171.260, the delinquent tax and penalty to which that section

193-14   refers.

193-15         (b)  The notice must be written or printed and be verified by

193-16   the seal of the comptroller's office.

193-17         (c)  The comptroller shall mail the notice to the limited

193-18   partnership at least 45 days before the forfeiture of the right to

193-19   transact business.  The comptroller shall address the notice to the

193-20   limited partnership and mail it to the registered office of the

193-21   limited partnership, the last known address of the limited

193-22   partnership, or to any other place of business of the limited

193-23   partnership.

193-24         (d)  The comptroller shall keep at the comptroller's office a

193-25   record of the date on which the notice is mailed.  For the purposes

193-26   of this chapter, the notice and the record of the mailing date

193-27   constitute legal and sufficient notice of the forfeiture.

 194-1         Sec. 171.266.  JUDICIAL PROCEEDING NOT REQUIRED FOR

 194-2   FORFEITURE:  LIMITED PARTNERSHIPS.  The forfeiture of the right to

 194-3   transact business of a limited partnership is effected by the

 194-4   comptroller without a judicial proceeding.

 194-5         Sec. 171.267.  REVIVAL OF RIGHT TO TRANSACT BUSINESS:

 194-6   LIMITED PARTNERSHIPS.  The comptroller shall revive the right to

 194-7   transact business of a limited partnership if the limited

 194-8   partnership, before the forfeiture of its certificate of limited

 194-9   partnership or registration of foreign limited partnership, pays

194-10   any tax, penalty, or interest due under this chapter.

194-11         Sec. 171.268.  REVOCATION OF REGISTRATION:  LIMITED LIABILITY

194-12   PARTNERSHIPS.  The comptroller shall certify to the secretary of

194-13   state for revocation and the secretary of state shall revoke the

194-14   registration of a limited liability partnership on which the tax

194-15   imposed by this chapter is imposed if the limited liability

194-16   partnership:

194-17               (1)  does not file, in accordance with this chapter and

194-18   before the 45th day after the date notice of revocation is mailed,

194-19   a report required by this chapter;

194-20               (2)  does not pay, before the 45th day after the date

194-21   notice of revocation is mailed, a tax imposed by this chapter or

194-22   does not pay, before that date, a penalty imposed by this chapter

194-23   relating to that tax; or

194-24               (3)  does not permit the comptroller to investigate or

194-25   examine the records of the limited liability partnership to

194-26   determine the limited liability partnership's liability under this

194-27   chapter.

 195-1         Sec. 171.269.  EFFECTS OF REVOCATION:  LIMITED LIABILITY

 195-2   PARTNERSHIPS.  If the limited liability partnership's registration

 195-3   is revoked under this subchapter:

 195-4               (1)  the limited liability partnership is denied  the

 195-5   right to sue in a court of this state; and

 195-6               (2)  each partner of the limited liability partnership

 195-7   is liable for a debt of the limited liability partnership as

 195-8   provided by Section 171.272.

 195-9         Sec. 171.270.  SUIT ON CAUSE OF ACTION ARISING BEFORE

195-10   REVOCATION: LIMITED LIABILITY PARTNERSHIP.  In a suit against a

195-11   limited liability partnership on a cause of action arising before

195-12   the revocation of the limited liability partnership's registration,

195-13   a court may not grant affirmative relief to the limited liability

195-14   partnership unless its registration is revived under this chapter.

195-15         Sec. 171.271.  EXCEPTION TO REVOCATION: LIMITED LIABILITY

195-16   PARTNERSHIP.  The revocation of a limited liability partnership's

195-17   registration does not apply to the privilege to defend in a suit to

195-18   revoke the limited liability partnership's registration.

195-19         Sec. 171.272.  LIABILITY OF PARTNERS: LIMITED LIABILITY

195-20   PARTNERSHIP.  (a)  If the registration of a limited liability

195-21   partnership is revoked for the failure to file a report or pay a

195-22   tax or penalty, each partner of the limited liability partnership

195-23   is liable for each debt of the limited liability partnership that

195-24   is created or incurred in this state after the date on which the

195-25   report, tax, or penalty is due and before the registration is

195-26   revived.  The liability includes liability for any tax or penalty

195-27   imposed by this chapter on the limited liability partnership that

 196-1   becomes due and payable after the date of the revocation.

 196-2         (b)  All partners are liable jointly and severally for the

 196-3   liability imposed under this subchapter.

 196-4         (c)  If a limited liability partnership's registration is

 196-5   revoked and revived under this chapter, the liability under this

 196-6   section of a partner of the limited liability partnership is not

 196-7   affected by the revival of the certificate or registration and the

 196-8   registration.

 196-9         Sec. 171.273.  NOTICE OF REVOCATION:  LIMITED LIABILITY

196-10   PARTNERSHIPS.  (a)  To forfeit the registration of a limited

196-11   liability partnership, the comptroller must notify the limited

196-12   liability partnership that the revocation will occur without a

196-13   judicial proceeding unless the limited liability partnership:

196-14               (1)  files,  within the time established by Section

196-15   171.268, the report to which that section refers; or

196-16               (2)  pays, within the time established by Section

196-17   171.268, the delinquent tax and penalty to which that section

196-18   refers.

196-19         (b)  The notice must be written or printed and be verified by

196-20   the seal of the comptroller's office.

196-21         (c)  The comptroller shall mail the notice to the limited

196-22   liability partnership at least 45 days before the revocation of the

196-23   registration.  The comptroller shall address the notice to the

196-24   limited liability partnership and mail it to the last known address

196-25   of the limited liability partnership, or to any other place of

196-26   business of the limited liability partnership.

196-27         (d)  The comptroller shall keep at the comptroller's office a

 197-1   record of the date on which the notice is mailed.  For the purposes

 197-2   of this chapter, the notice and the record of the mailing date

 197-3   constitute legal and sufficient notice of the revocation.

 197-4         Sec. 171.274.  JUDICIAL PROCEEDING NOT REQUIRED FOR

 197-5   REVOCATION:  LIMITED LIABILITY PARTNERSHIPS.  The revocation of the

 197-6   registration of a limited liability partnership is effected by the

 197-7   comptroller without a judicial proceeding.

 197-8         Sec. 171.275.  REVIVAL OF REGISTRATION:  LIMITED LIABILITY

 197-9   PARTNERSHIPS.  The comptroller shall revive the registration of a

197-10   limited liability partnership if the limited liability partnership

197-11   pays any tax, penalty, or interest due under this chapter.

197-12         SECTION 3.38.  Subchapter G, Chapter 171, Tax Code, is

197-13   amended by adding Sections 171.318-171.326 to read as follows:

197-14         Sec. 171.318.  GROUNDS FOR FORFEITURE OF CERTIFICATE OF

197-15   LIMITED PARTNERSHIPS OR REGISTRATION OF FOREIGN LIMITED

197-16   PARTNERSHIPS.  It is a ground for the forfeiture of a limited

197-17   partnership's certificate or registration if:

197-18               (1)  the right to transact business of the limited

197-19   partnership is forfeited under this chapter and the limited

197-20   partnership does not pay, before the 120th day after the date the

197-21   right to transact business is forfeited, the amount necessary for

197-22   the limited partnership to revive under this chapter its right to

197-23   transact business; or

197-24               (2)  the limited partnership does not permit the

197-25   comptroller to investigate or examine the records of the limited

197-26   partnership to determine the limited partnership's liability under

197-27   this chapter.

 198-1         Sec. 171.319.  CERTIFICATION BY COMPTROLLER:  LIMITED

 198-2   PARTNERSHIPS.  After the 120th day after the date that the right to

 198-3   transact business of a limited partnership is forfeited under this

 198-4   chapter, the comptroller shall certify the name of the limited

 198-5   partnership to the secretary of state.

 198-6         Sec. 171.320.  FORFEITURE BY SECRETARY OF STATE:  LIMITED

 198-7   PARTNERSHIPS.  The secretary of state shall forfeit the certificate

 198-8   or registration of a limited partnership if:

 198-9               (1)  the secretary receives the comptroller's

198-10   certification under Section 171.319;

198-11               (2)  the limited partnership does not revive its

198-12   forfeited right to transact business before the 120th day after the

198-13   date that the right to transact business was forfeited; and

198-14               (3)  the limited partnership does not have assets from

198-15   which a judgment for any tax, penalty, or court costs imposed by

198-16   this chapter may be satisfied.

198-17         Sec. 171.321.  JUDICIAL PROCEEDING NOT REQUIRED FOR

198-18   FORFEITURE BY SECRETARY OF STATE:  LIMITED PARTNERSHIPS.  The

198-19   forfeiture by the secretary of state of a limited partnership's

198-20   certificate or registration under this chapter is effected without

198-21   a judicial proceeding.

198-22         Sec. 171.322.  RECORD OF FORFEITURE BY SECRETARY OF STATE:

198-23   LIMITED PARTNERSHIPS.  The secretary of state shall effect a

198-24   forfeiture of a limited partnership's certificate or registration

198-25   under this chapter by inscribing on the limited partnership's

198-26   record in the secretary's office the words "Certificate Forfeited"

198-27   or "Registration Forfeited," the date on which this inscription is

 199-1   made, and a citation to this chapter as authority for the

 199-2   forfeiture.

 199-3         Sec. 171.323.  REVIVAL OF CERTIFICATE OF LIMITED PARTNERSHIPS

 199-4   OR REGISTRATION OF FOREIGN LIMITED PARTNERSHIPS AFTER FORFEITURE BY

 199-5   SECRETARY OF STATE.  A limited partnership whose certificate or

 199-6   registration is forfeited under this chapter by the secretary of

 199-7   state is entitled to have its certificate or registration revived

 199-8   and to have its right to transact business revived if:

 199-9               (1)  the limited partnership files each report that is

199-10   required by this chapter and that is delinquent;

199-11               (2)  the limited partnership pays the tax, penalty, and

199-12   interest that is imposed by this chapter and that is due at the

199-13   time the request under Section 171.324 to set aside forfeiture is

199-14   made; and

199-15               (3)  the forfeiture of the limited partnership's

199-16   certificate or registration is set aside in a proceeding under

199-17   Section 171.324.

199-18         Sec. 171.324.  PROCEEDING TO SET ASIDE FORFEITURE BY

199-19   SECRETARY OF STATE: LIMITED PARTNERSHIPS.  (a)  If a limited

199-20   partnership's certificate or registration is forfeited under this

199-21   chapter by the secretary of state, a partner of the limited

199-22   partnership at the time of the forfeiture of the certificate or

199-23   registration or of the right to transact business of the limited

199-24   partnership may request in the name of the limited partnership that

199-25   the secretary of state set aside the forfeiture of the certificate

199-26   or registration.

199-27         (b)  If a request is made, the secretary of state shall

 200-1   determine if each delinquent report has been filed and any

 200-2   delinquent tax, penalty, or interest has been paid.  If each report

 200-3   has been filed and the tax, penalty, or interest has been paid, the

 200-4   secretary shall set aside the forfeiture of the limited

 200-5   partnership's certificate or registration.

 200-6         Sec. 171.325.  RIGHT TO TRANSACT BUSINESS AFTER FORFEITURE BY

 200-7   SECRETARY OF STATE IS SET ASIDE:  LIMITED PARTNERSHIPS.  If the

 200-8   secretary of state sets aside under this chapter the forfeiture of

 200-9   a limited partnership's certificate or registration, the

200-10   comptroller shall revive the right to transact business of the

200-11   limited partnership.

200-12         Sec. 171.326.  USE OF LIMITED PARTNERSHIP NAME AFTER REVIVAL

200-13   OF CERTIFICATE OR REGISTRATION.  If a limited partnership's

200-14   certificate or registration is forfeited under this chapter by the

200-15   secretary of state and if the limited partnership requests the

200-16   secretary to set aside the forfeiture under Section 171.324, the

200-17   limited partnership shall determine from the secretary whether the

200-18   limited partnership's name is available for use.  If the name is

200-19   not available, the limited partnership shall file an amendment to

200-20   its certificate or application or adopt a new name for use in this

200-21   state as a precondition to reinstatement.

200-22         SECTION 3.39.  Section 171.351, Tax Code, is amended to read

200-23   as follows:

200-24         Sec. 171.351.  VENUE OF SUIT TO ENFORCE CHAPTER.  Venue of a

200-25   civil suit against a taxable entity [corporation] to enforce this

200-26   chapter is either in a county where the taxable entity's

200-27   [corporation's] principal office is located according to its

 201-1   charter or certificate of authority or in Travis County.

 201-2         SECTION 3.40.  Section 171.353, Tax Code, is amended to read

 201-3   as follows:

 201-4         Sec. 171.353.  APPOINTMENT OF RECEIVER.  If a court forfeits

 201-5   a taxable entity's [corporation's] charter or certificate of

 201-6   authority, the court may appoint a receiver for the taxable entity

 201-7   [corporation] and may administer the receivership under the laws

 201-8   relating to receiverships.

 201-9         SECTION 3.41.  Section 171.354, Tax Code, is amended to read

201-10   as follows:

201-11         Sec. 171.354.  AGENT FOR SERVICE OF PROCESS.  Each taxable

201-12   entity [corporation] on which a tax is imposed by this chapter

201-13   shall designate a resident of this state as the taxable entity's

201-14   [corporation's] agent for the service of process.

201-15         SECTION 3.42.  Sections 171.362(a), (d), and (e), Tax Code,

201-16   are amended to read as follows:

201-17         (a)  If a taxable entity [corporation] on which a tax is

201-18   imposed by this chapter fails to pay the tax when it is due and

201-19   payable or fails to file a report required by this chapter when it

201-20   is due, the taxable entity [corporation] is liable for a penalty of

201-21   five percent of the amount of the tax due.

201-22         (d)  If a taxable entity [corporation] electing to remit

201-23   under Paragraph (A) of Subdivision (2) of Subsection (c) of Section

201-24   171.202 of this code remits less than the amount required, the

201-25   penalties imposed by this section and the interest imposed under

201-26   Section 111.060 of this code are assessed against the difference

201-27   between the amount required to be remitted under Paragraph (A) of

 202-1   Subdivision (2) of Subsection (c) of Section 171.202 and the amount

 202-2   actually remitted on or before May 15.

 202-3         (e)  If a taxable entity [corporation] remits the entire

 202-4   amount required by Subsection (c) of Section 171.202 of this code,

 202-5   no penalties will be imposed against the amount remitted on or

 202-6   before November 15.

 202-7         SECTION 3.43.  Sections 171.363(a) and (b), Tax Code, are

 202-8   amended to read as follows:

 202-9         (a)  A taxable entity [corporation] commits an offense if the

202-10   taxable entity [corporation] is subject to the provisions of this

202-11   chapter and the taxable entity [corporation] wilfully:

202-12               (1)  fails to file a report;

202-13               (2)  fails to keep books and records as required by

202-14   this chapter;

202-15               (3)  files a fraudulent report;

202-16               (4)  violates any rule of the comptroller for the

202-17   administration and enforcement of the provisions of this chapter;

202-18   or

202-19               (5)  attempts in any other manner to evade or defeat

202-20   any tax imposed by this chapter or the payment of the tax.

202-21         (b)  A person commits an offense if the person is an

202-22   accountant or an agent for or an officer or employee of a taxable

202-23   entity [corporation] and the person knowingly enters or provides

202-24   false information on any report, return, or other document filed by

202-25   the taxable entity [corporation] under this chapter.

202-26         SECTION 3.44.  Section 171.401, Tax Code, is amended to read

202-27   as follows:

 203-1         Sec. 171.401.  REVENUE DEPOSITED IN GENERAL REVENUE FUND.

 203-2   The revenue from the tax imposed by this chapter [on corporations]

 203-3   shall be deposited to the credit of the general revenue fund.

 203-4         SECTION 3.45.  Section 171.501(a), Tax Code, is amended to

 203-5   read as follows:

 203-6         (a)  A taxable entity [corporation] that has been certified a

 203-7   qualified business as provided by Chapter 2303, Government Code,

 203-8   may apply for and be granted a refund of franchise tax paid with an

 203-9   initial or annual report if the governing body or bodies certify to

203-10   the Texas Department of Commerce that the business has created 10

203-11   or more new jobs in its enterprise zone held by qualified employees

203-12   during the calendar year that contains the end of the accounting

203-13   period on which the report is based.  The Texas Department of

203-14   Commerce shall certify eligibility for any refund to the

203-15   comptroller.

203-16         SECTION 3.46.  Section 171.652, Tax Code, is amended to read

203-17   as follows:

203-18         Sec. 171.652.  CREDIT.  A taxable entity [corporation] that

203-19   meets the eligibility requirements under this subchapter is

203-20   entitled to a credit in the amount allowed by this subchapter

203-21   against the tax imposed under this chapter.

203-22         SECTION 3.47.  Section 171.653, Tax Code, is amended to read

203-23   as follows:

203-24         Sec. 171.653.  CREDIT FOR WAGES PAID TO INMATE.  (a)  The

203-25   amount of the credit for wages paid by a taxable entity

203-26   [corporation] to an inmate is equal to 10 percent of that portion

203-27   of the wages paid that the department apportions to the state under

 204-1   Section 497.004(b)(3), Government Code, as reimbursement for the

 204-2   cost of the inmate's confinement.

 204-3         (b)  A taxable entity [corporation] is eligible for the

 204-4   credit under this section only if it receives before the due date

 204-5   of its franchise tax report for the privilege period for which the

 204-6   credit is claimed a written certification from the department

 204-7   stating the amount of the wages that the taxable entity

 204-8   [corporation] paid to an inmate during the privilege period and the

 204-9   amount of those wages that the department apportioned to the state

204-10   as reimbursement for the cost of the inmate's confinement.

204-11         (c)  A taxable entity [corporation] is eligible for the

204-12   credit under this section only if the inmate for whom it is paid

204-13   has been continuously employed for not less than six months.

204-14         SECTION 3.48.  Section 171.654, Tax Code, is amended to read

204-15   as follows:

204-16         Sec. 171.654.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN

204-17   INMATE.  (a)  The amount of the credit for wages paid by a taxable

204-18   entity [corporation] to an employee who was employed by the taxable

204-19   entity [corporation] when the employee was an inmate is equal to 10

204-20   percent of that portion of the wages paid that, were the employee

204-21   still an inmate, the department would apportion to the state under

204-22   Section 497.004(b)(3), Government Code, as reimbursement for the

204-23   cost of the inmate's confinement.

204-24         (b)  A taxable entity [corporation] is eligible for the

204-25   credit under this section only if:

204-26               (1)  the employee who was formerly an inmate was

204-27   continuously employed for not less than six months while an inmate

 205-1   and has been continuously employed by the taxable entity

 205-2   [corporation] for at least one year after the date that the

 205-3   employee was released from prison;

 205-4               (2)  the nature of the employment is substantially

 205-5   similar to the employment the employee had with the taxable entity

 205-6   [corporation] when the employee was an inmate or the employment

 205-7   requires more skills or provides greater opportunities for the

 205-8   employee;

 205-9               (3)  the taxable entity [corporation] has provided the

205-10   department a statement of the amount of wages paid the employee

205-11   during the accounting period on which the credit is computed; and

205-12               (4)  the taxable entity [corporation] receives before

205-13   the due date of its franchise tax report for the privilege period

205-14   for which the credit is claimed a written certification from the

205-15   department stating the amount of the wages that, were the employee

205-16   still an inmate, the department would have apportioned to the state

205-17   as reimbursement for the cost of the inmate's confinement.

205-18         (c)  A taxable entity [corporation] may claim a credit under

205-19   this section only for:

205-20               (1)  wages paid an employee after the employee has been

205-21   employed by the taxable entity [corporation] for more than one year

205-22   after the date of the employee's release from prison; and

205-23               (2)  wages paid the employee for not longer than one

205-24   year.

205-25         SECTION 3.49.  Section 171.656, Tax Code, is amended to read

205-26   as follows:

205-27         Sec. 171.656.  APPLICATION FOR CREDIT.  (a)  A taxable entity

 206-1   [corporation] must apply for a credit under this subchapter on or

 206-2   with the tax report for the period for which the credit is claimed.

 206-3         (b)  The comptroller shall promulgate a form for the

 206-4   application for the credit.  A taxable entity [corporation] must

 206-5   use this form in applying for the credit.

 206-6         SECTION 3.50.  Section 171.657, Tax Code, is amended to read

 206-7   as follows:

 206-8         Sec. 171.657.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A

 206-9   taxable entity [corporation] may claim a credit under this

206-10   subchapter for wages paid during an accounting period only against

206-11   the tax owed for the corresponding privilege period.

206-12         SECTION 3.51.  Section 171.682, Tax Code, is amended to read

206-13   as follows:

206-14         Sec. 171.682.  CREDIT.  A taxable entity [corporation] that

206-15   meets the eligibility requirements under this subchapter is

206-16   entitled to a credit in the amount allowed by this subchapter

206-17   against the tax imposed under this chapter.

206-18         SECTION 3.52.  Section 171.683, Tax Code, is amended to read

206-19   as follows:

206-20         Sec. 171.683.  CREDIT FOR WAGES PAID TO ELIGIBLE CHILD.

206-21   (a)  The amount of the credit for wages paid by a taxable entity

206-22   [corporation] to an eligible child is equal to 10 percent of that

206-23   portion of the wages the taxable entity [corporation]  paid to the

206-24   eligible child or the commission for the benefit of the child.

206-25         (b)  A taxable entity [corporation] is eligible for the

206-26   credit under this section only if it files, on or before the due

206-27   date  of its franchise tax report for the privilege period for

 207-1   which the credit is claimed, a written certification issued by the

 207-2   commission stating the amount of the wages that the taxable entity

 207-3   [corporation] paid to an eligible child or to the commission for

 207-4   the  benefit of the child during:

 207-5               (1)  the privilege period; and

 207-6               (2)  not more than six months of the preceding

 207-7   privilege period for wages for which a credit has not previously

 207-8   been claimed.

 207-9         (c)  A taxable entity [corporation] is eligible for the

207-10   credit under this section only if the eligible child to whom or for

207-11   whose benefit it pays wages has been continuously employed by the

207-12   taxable entity [corporation] for not less than six months.

207-13         SECTION 3.53.  Section 171.684, Tax Code, is amended to read

207-14   as follows:

207-15         Sec. 171.684.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN

207-16   ELIGIBLE CHILD.  (a)  The amount of the credit for wages paid by a

207-17   taxable entity [corporation] to an employee who was first  employed

207-18   by the taxable entity [corporation] when the employee was an

207-19   eligible child is equal to 10 percent of the wages paid  the

207-20   employee.

207-21         (b)  A taxable entity [corporation] is eligible for the

207-22   credit under this section only if:

207-23               (1)  the employee who was formerly an eligible child

207-24   was continuously employed for not less than six months while an

207-25   eligible child and has been continuously employed by the taxable

207-26   entity [corporation] for at least one year after the date that  the

207-27   employee was released from commitment to the commission or released

 208-1   under supervision by the commission; and

 208-2               (2)  the nature of the employment is substantially

 208-3   similar to the employment the employee had with the taxable entity

 208-4   [corporation] when the employee was an eligible child or the

 208-5   employment  requires more skills or provides greater opportunities

 208-6   for the employee.

 208-7         (c)  A taxable entity [corporation] may claim a credit under

 208-8   this section only for:

 208-9               (1)  wages paid an employee after the employee has been

208-10   employed by the taxable entity [corporation] for more than one year

208-11   after the earlier of the date of the employee's release from

208-12   commitment to the commission or release under supervision by the

208-13   commission; and

208-14               (2)  wages paid the employee for not longer than one

208-15   year.

208-16         SECTION 3.54.  Section 171.686, Tax Code, is amended to read

208-17   as follows:

208-18         Sec. 171.686.  APPLICATION FOR CREDIT.  (a)  A taxable entity

208-19   [corporation] must apply for a credit under this subchapter on  or

208-20   with the tax report for the period for which the credit is claimed.

208-21         (b)  The comptroller shall promulgate a form for the

208-22   application for the credit.  A taxable entity [corporation] must

208-23   use this form in applying for the credit.

208-24         SECTION 3.55.  Section 171.687, Tax Code, is amended to read

208-25   as follows:

208-26         Sec. 171.687.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A

208-27   taxable entity [corporation] may claim a credit under this

 209-1   subchapter for wages paid during an accounting period only against

 209-2   the tax owed for the corresponding privilege period.

 209-3         SECTION 3.56.  Section 3.03(a), Texas Revised Limited

 209-4   Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes),

 209-5   is amended to read as follows:

 209-6         (a)  Except as provided by Subsection (d) of this section and

 209-7   Subtitle F, Title 2, Tax Code, a limited partner is not liable for

 209-8   the  obligations of a limited partnership unless the limited

 209-9   partner is also a general partner or, in addition to the exercise

209-10   of the limited partner's rights and powers as a limited partner,

209-11   the limited partner participates in the control of the business.

209-12   However, if the limited partner does participate in the control of

209-13   the business, the limited partner is liable only to persons who

209-14   transact business with the limited partnership reasonably

209-15   believing, based on the limited partner's conduct, that the limited

209-16   partner is a general partner.

209-17         SECTION 3.57.  Section 9.01(a), Texas Revised Limited

209-18   Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes),

209-19   is amended to read as follows:

209-20         (a)  Except as provided by Subtitles F and G, Title 2, Tax

209-21   Code, the [The] laws of the state under which a foreign limited

209-22   partnership is formed govern its organization and internal affairs

209-23   and the liability of its partners.

209-24         SECTION 3.58.  Chapter 13, Texas Revised Limited Partnership

209-25   Act (Article 6132a-1, Vernon's Texas Civil Statutes), is amended by

209-26   adding Section 13.10 to read as follows:

209-27         Sec. 13.10.  FORFEITURE OF RIGHT TO TRANSACT BUSINESS OR

 210-1   CANCELLATION OF CERTIFICATE OR REGISTRATION.  (a)  A limited

 210-2   partnership that does not comply with Subtitle F, Title 2, Tax

 210-3   Code, forfeits the right to transact business and is subject to

 210-4   cancellation of its certificate or registration.

 210-5         (b)  Subject to Subtitles F and G, Title 2, Tax Code, the

 210-6   comptroller may specify procedures for effecting the forfeiture or

 210-7   cancellation and providing for relief from the forfeiture and

 210-8   cancellation.

 210-9         SECTION 3.59.  Section 15(2), Texas Uniform Partnership Act

210-10   (Article 6132b, Vernon's Texas Civil Statutes), is amended to read

210-11   as follows:

210-12               (2)  Except as provided by Subtitle F, Title 2, Tax

210-13   Code, a [A] partner in a registered limited liability partnership

210-14   is not individually liable for debts and obligations of the

210-15   partnership arising from errors, omissions, negligence,

210-16   incompetence, or malfeasance committed in the course of the

210-17   partnership business by another partner or a representative of the

210-18   partnership not working under the supervision or direction of the

210-19   first partner at the time the errors, omissions, negligence,

210-20   incompetence, or malfeasance occurred, unless the first partner:

210-21                     (a)  was directly involved in the specific

210-22   activity in which the errors, omissions, negligence, incompetence,

210-23   or malfeasance were committed by the other partner or

210-24   representative; or

210-25                     (b)  had notice or knowledge of the errors,

210-26   omissions, negligence, incompetence, or malfeasance by the other

210-27   partner or representative at the time of occurrence.

 211-1         SECTION 3.60.  Section 45-A, Texas Uniform Partnership Act

 211-2   (Article 6132b, Vernon's Texas Civil Statutes), is amended by

 211-3   adding Subsection (7) to read as follows:

 211-4         (7)  The secretary of state shall revoke registration on

 211-5   notice from the comptroller that a registered limited liability

 211-6   partnership has not complied with Subtitle F, Title 2, Tax Code.

 211-7         SECTION 3.61.  Section 3.08(a)(1), Texas Revised Partnership

 211-8   Act (Article 6132b-3.08, Vernon's Texas Civil Statutes), is amended

 211-9   to read as follows:

211-10               (1)  Except as provided by Subtitle F, Title 2, Tax

211-11   Code, a [A] partner in a registered limited  liability partnership

211-12   is not individually liable for debts and obligations of the

211-13   partnership arising from errors, omissions, negligence,

211-14   incompetence, or malfeasance committed while the partnership is a

211-15   registered limited liability partnership and in the course of the

211-16   partnership business by another partner or a representative of the

211-17   partnership not working under the supervision or direction of the

211-18   first partner unless the first partner:

211-19                     (A)  was directly involved in the specific

211-20   activity in which the errors, omissions, negligence, incompetence,

211-21   or malfeasance were committed by the other partner or

211-22   representative; or

211-23                     (B)  had notice or knowledge of the errors,

211-24   omissions, negligence, incompetence, or malfeasance by the other

211-25   partner or representative at the time of occurrence and then failed

211-26   to take reasonable steps to prevent or cure the errors, omissions,

211-27   negligence, incompetence, or malfeasance.

 212-1         SECTION 3.62.  Section 3.08(b), Texas Revised Partnership Act

 212-2   (Article 6132b-3.08, Vernon's Texas Civil Statutes), is amended by

 212-3   adding Subdivision (16) to read as follows:

 212-4               (16)  The secretary of state shall revoke registration

 212-5   on notice from the comptroller that a registered limited liability

 212-6   partnership has not complied with Subtitle F, Title 2, Tax Code.

 212-7         SECTION 3.63.  The following provisions of the Tax Code are

 212-8   repealed:

 212-9               (1)  Section 171.056;

212-10               (2)  Section 171.074;

212-11               (3)  Section 171.079;

212-12               (4)  Section 171.080;

212-13               (5)  Section 171.085;

212-14               (6)  Section 171.104;

212-15               (7)  Section 171.107; and

212-16               (8)  Section 171.111.

212-17         SECTION 3.64.  (a)  Subject to other provisions of this

212-18   section, this article takes effect for initial or annual reports

212-19   originally due January 1, 1998, or later, and for final reports

212-20   originally due on the effective date of this Act or later.

212-21         (b)  For an entity becoming subject to the franchise tax

212-22   under this article:

212-23               (1)  no income or losses occurring before January 1,

212-24   1997, which would have been included in federal taxable income on a

212-25   federal period ending December 31, 1996, or earlier had the entity

212-26   been required to file a return for federal income tax purposes

212-27   through December 31, 1996, shall be considered for purposes of the

 213-1   earned surplus component;

 213-2               (2)  for entities in existence on January 1, 1997,

 213-3   which would have been subject to the franchise tax had this article

 213-4   been in effect on January 1, 1997, the first report due under this

 213-5   article will be either a final report, if applicable, or an annual

 213-6   report due May 15, 1998; and

 213-7               (3)  for entities which would have become subject to

 213-8   the franchise tax after January 1, 1997, even if this article had

 213-9   been effective on January 1, 1997, the first report due under this

213-10   article will be an initial report or a final report, if applicable.

213-11         (c)  For purposes of this article, an existing partnership

213-12   shall be considered as continuing if it is not terminated.

213-13         (d)  A partnership shall be considered as terminated only if:

213-14               (1)  no part of any business, financial operation, or

213-15   venture of the partnership continues to be carried on by any of its

213-16   partners in a partnership; or

213-17               (2)  within a 12-month period there is a sale or

213-18   exchange of 50 percent or more of the total interest in partnership

213-19   capital and profits.

213-20         (e)  In the case of a merger or consolidation of two or more

213-21   partnerships, the resulting partnership shall, for purposes of this

213-22   article, be considered the continuation of any merging or

213-23   consolidating partnership whose members own an interest of more

213-24   than 50 percent in the capital and profits of the resulting

213-25   partnership.

213-26         (f)  In the case of a division of a partnership into two or

213-27   more partnerships, the resulting partnerships (other than any

 214-1   resulting partnership the members of which had an interest of 50

 214-2   percent or less in the capital and profits of the prior

 214-3   partnership) shall, for purposes of this article, be considered a

 214-4   continuation of the prior partnership.

 214-5                          ARTICLE 4.  SALES TAX

 214-6         SECTION 4.01.  Section 151.0028, Tax Code, is amended by

 214-7   adding Subsection (c) to read as follows:

 214-8         (c)  "Amusement services" includes the provision of a sports

 214-9   or athletic event.

214-10         SECTION 4.02.  Subchapter A, Chapter 151, Tax Code, is

214-11   amended by adding Section 151.0029 to read as follows:

214-12         Sec. 151.0029.  "APPRAISAL SERVICES."  "Appraisal services"

214-13   means services to establish or evaluate the value of real or

214-14   tangible personal property.

214-15         SECTION 4.03.  Subchapter A, Chapter 151, Tax Code, is

214-16   amended by adding Section 151.00295 to read as follows:

214-17         Sec. 151.00295.  "BOAT DOCK SERVICES."  "Boat dock services"

214-18   means the providing of dry stack storage, boat-on-trailer storage,

214-19   slips, or docks at a marina or other facility, including a

214-20   boathouse, for the mooring or dry storage of a vessel, as defined

214-21   by Section 31.003, Parks and Wildlife Code, manufactured or used

214-22   for recreational purposes.

214-23         SECTION 4.04.  Section 151.0031, Tax Code, is amended to read

214-24   as follows:

214-25         Sec. 151.0031.  "COMPUTER PROGRAM."  "Computer program" means

214-26   a series of instructions that are coded for acceptance or use by a

214-27   computer system and that are designed to permit the computer system

 215-1   to process data and provide results and information.  The series of

 215-2   instructions may be contained in or on magnetic tapes, punched

 215-3   cards, printed instructions, or other tangible or electronic media.

 215-4   For purposes of this chapter, the term includes a computer program

 215-5   created or developed exclusively for a client who retains all

 215-6   rights to the program.

 215-7         SECTION 4.05.  Subchapter A, Chapter 151, Tax Code, is

 215-8   amended by adding Section 151.00335 to read as follows:

 215-9         Sec. 151.00335.  "COMMERCIAL RESEARCH, DEVELOPMENT, OR

215-10   TESTING SERVICES."  (a)  "Commercial research, development, or

215-11   testing services" includes:

215-12               (1)  commercial physical and biological research and

215-13   development;

215-14               (2)  analyzing, developing, creating, or testing items,

215-15   products, or processes using methods of scientific experimentation

215-16   and observation; and

215-17               (3)  commercial research involving business, marketing,

215-18   opinion, and other economic, sociological, and education research.

215-19         (b)  "Commercial research, development, or testing services"

215-20   does not include:

215-21               (1)  research and development directly engaged in by

215-22   aircraft and spacecraft manufacturers;

215-23               (2)  research by a nonprofit establishment funded by an

215-24   endowment, grant, or contribution; or

215-25               (3)  medical tests performed:

215-26                     (A)  on a human or animal; or

215-27                     (B)  on tissue, fluids, or other substances

 216-1   removed from a human or animal in connection with diagnosis,

 216-2   treatment, or another medical service provided by a licensed

 216-3   practitioner of the healing arts.

 216-4         SECTION 4.06.  Subchapter A, Chapter 151, Tax Code, is

 216-5   amended by adding Section 151.00365 to read as follows:

 216-6         Sec. 151.00365.  "DIVING SERVICES."  (a)  "Diving services"

 216-7   means providing personnel for underwater services, including:

 216-8               (1)  exploration or salvage;

 216-9               (2)  the location of property or persons;

216-10               (3)  construction, remodeling, maintenance, or repair

216-11   services to the extent not otherwise taxed; and

216-12               (4)  accompanying recreational divers.

216-13         (b)  "Diving services" does not include scuba-diving training

216-14   and instruction.

216-15         SECTION 4.07.  Subchapter A, Chapter 151, Tax Code, is

216-16   amended by adding Section 151.0037 to read as follows:

216-17         Sec. 151.0037.  "EMPLOYMENT AGENCY SERVICES."  "Employment

216-18   agency services" means services performed in an effort to locate or

216-19   find employment for an employer or a person seeking employment,

216-20   including executive, professional, administrative, secretarial,

216-21   clerical, service, manufacturing, and health care personnel.  The

216-22   term includes employment services by an employment registry

216-23   service, or a casting bureau or agency for the theater or  motion

216-24   pictures.

216-25         SECTION 4.08.  Section 151.0038(a), Tax Code, is amended to

216-26   read as follows:

216-27         (a)  "Information service" means:

 217-1               (1)  furnishing general or specialized news or other

 217-2   current information, including financial information, unless

 217-3   furnished to:

 217-4                     (A)  a newspaper or to a radio or television

 217-5   station licensed by the Federal Communications Commission; or

 217-6                     (B)  a member of a homeowners association of a

 217-7   residential subdivision or condominium development, and is

 217-8   furnished by the association or on behalf of the association; [or]

 217-9               (2)  electronic data retrieval or research; or

217-10               (3)  time and temperature services.

217-11         SECTION 4.09.  Subchapter A, Chapter 151, Tax Code, is

217-12   amended by adding Sections 151.0041, 151.0042, 151.0043, 151.0044,

217-13   151.00441, 151.00442, and 151.00443 to read as follows:

217-14         Sec. 151.0041.  "LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

217-15   SERVICES."  "Low-level radioactive waste disposal services" means

217-16   the disposal of low-level radioactive waste by a private entity

217-17   under Chapter 402, Health and Safety Code.

217-18         Sec. 151.0042.  "MANAGEMENT, CONSULTING, OR PUBLIC RELATIONS

217-19   SERVICES."  (a)  "Management, consulting, or public relations

217-20   services" includes:

217-21               (1)  directing, analyzing, evaluating, or giving advice

217-22   about the management of a business, including:

217-23                     (A)  business operations;

217-24                     (B)  organizational structure;

217-25                     (C)  financial planning and budgeting;

217-26                     (D)  business strategies and marketing objectives

217-27   and policies;

 218-1                     (E)  information systems, including hardware or

 218-2   software needs, options, or solutions;

 218-3                     (F)  human resources and employee management

 218-4   policies, practices, and planning; or

 218-5                     (G)  production scheduling or control processes;

 218-6               (2)  facilities support management services;

 218-7               (3)  services to determine or influence the opinion or

 218-8   sentiments of the public or specific individuals, governmental

 218-9   officials, or groups, including services the performance of which

218-10   would require a person to be registered under Chapter 305,

218-11   Government Code; and

218-12               (4)  services relating to gathering or compiling

218-13   economic, sociological, consumer, or other information.

218-14         (b)  "Management, consulting, or public relations services"

218-15   does not include, except for services provided to a client for

218-16   which registration is required under Chapter 305, Government Code:

218-17               (1)  legal services provided by an attorney; or

218-18               (2)  accounting services provided by a certified public

218-19   accountant, enrolled agent, or bookkeeping firm to produce

218-20   financial reports or prepare tax returns.

218-21         Sec. 151.0043.  "MOTOR VEHICLE REPAIR SERVICES."  (a) "Motor

218-22   vehicle repair services" means the repair, remodeling, maintenance,

218-23   or restoration of a motor vehicle, including testing or diagnostic

218-24   services, body repair and painting, engine repair, transmission

218-25   repair, exhaust system repair, brake repair, and air conditioning

218-26   repair.

218-27         (b)  "Motor vehicle repair services" does not include any

 219-1   vehicle emissions tests required by law, safety inspections tests

 219-2   required by law, and other similar tests required by law.

 219-3         Sec. 151.0044.  "MOTOR VEHICLE WASH OR DETAIL SERVICES."

 219-4   (a)  "Motor vehicle wash or detail services" includes:

 219-5               (1)  cleaning of the exterior or interior of a motor

 219-6   vehicle, including washing, waxing, polishing, buffing, detailing,

 219-7   shampooing, vacuuming, finishing, or steam cleaning; or

 219-8               (2)  providing an automated facility that provides the

 219-9   services described in Subdivision (1).

219-10         (b)  "Motor vehicle wash or detail services" does not include

219-11   the services described in Subsection (a)(1) if the services are

219-12   provided through the use or operation of a token- or coin-operated

219-13   self-service or automated facility.

219-14         Sec. 151.00441.  "NOTARY SERVICES."  "Notary services" means,

219-15   for a person other than a county clerk, county tax

219-16   assessor-collector, magistrate, or clerk of a court of record,

219-17   notarizing documents and exercising the power to:

219-18               (1)  take acknowledgments or proofs of written

219-19   instruments;

219-20               (2)  protest instruments permitted by law to be

219-21   protested;

219-22               (3)  administer oaths; or

219-23               (4)  certify copies of documents not recordable in the

219-24   public records.

219-25         Sec. 151.00442.  "OIL WELL SERVICE."  (a)  "Oil well service"

219-26   means, if provided by a person described by Subsection (b),

219-27   cementing the casing seat of an oil or gas well, shooting,

 220-1   fracturing, or acidizing the sands or other formations of the earth

 220-2   in an oil or gas well, or surveying or testing the sands or other

 220-3   formations or their contents in an oil or gas well by using

 220-4   instruments or equipment at least a part of which is located in the

 220-5   well bore when the survey or test is made.

 220-6         (b)  The provider of a taxable oil well service is a person

 220-7   who:

 220-8               (1)  owns, controls, or furnishes the tools,

 220-9   instruments, and equipment used in providing the oil well service;

220-10   or

220-11               (2)  uses any chemical, electrical, or mechanical

220-12   process in providing the service at any oil or gas well during and

220-13   in connection with the drilling and completion, or reworking or

220-14   reconditioning, of the well.

220-15         (c)  "Oil well service" does not mean the business of

220-16   drilling an oil or gas well or a service incidental to that

220-17   business performed by persons engaged in the business of drilling.

220-18         Sec. 151.00443.  "PATENT BROKERAGE."  "Patent brokerage"

220-19   means the negotiation as an agent of a patent holder or a

220-20   prospective purchaser of a patent right of the sale, purchase, or

220-21   other transfer of patent rights or licenses under a patent right.

220-22   The term includes services provided to a patent holder for locating

220-23   investment in the manufacture or production of the item or process

220-24   subject to the patent.  The term does not include the services of:

220-25               (1)  a patent attorney in establishing a patent right

220-26   for the inventor or creator or the successor of an inventor or

220-27   creator who acquires an interest in the creation or process before

 221-1   receiving a patent; or

 221-2               (2)  an attorney at law in defending a patent right,

 221-3   representing an estate that has an interest in a patent right, or

 221-4   negotiating the sale of a business having assets that may include a

 221-5   patent right.

 221-6         SECTION 4.10.  Section 151.0045, Tax Code, is amended to read

 221-7   as follows:

 221-8         Sec. 151.0045.  "PERSONAL SERVICES."  (a)  "Personal

 221-9   services" means those personal services listed as personal services

221-10   under Group 721, Major Group 72 of the Standard Industrial

221-11   Classification Manual, 1987 [1972], and includes massage parlors,

221-12   escort services, dating services, shopping services for

221-13   individuals, privately operated wedding chapels, and Turkish baths

221-14   under Group 729 of said manual but does not include any other

221-15   services listed under Group 729 unless otherwise covered under this

221-16   chapter [Act], prepared by the statistical policy division of the

221-17   office on management and budget, office of the president of the

221-18   United States.

221-19         (b)  "Personal services" includes:

221-20               (1)  services provided by tanning salons or tattoo

221-21   parlors; or

221-22               (2)  diet or weight-reducing services.

221-23         SECTION 4.11.  Section 151.0048(a), Tax Code, is amended to

221-24   read as follows:

221-25         (a)  Except as provided by Subsection (b), "real property

221-26   service" means:

221-27               (1)  landscaping;

 222-1               (2)  the care and maintenance of lawns, yards, or

 222-2   ornamental trees or other plants;

 222-3               (3)  the removal or collection of garbage, rubbish, or

 222-4   other solid waste other than:

 222-5                     (A)  hazardous waste;

 222-6                     (B)  industrial solid waste;

 222-7                     (C)  waste material that results from an activity

 222-8   associated with the exploration, development, or production of oil,

 222-9   gas, geothermal resources, or any other substance or material

222-10   regulated by the Railroad Commission of Texas under Section 91.101,

222-11   Natural Resources Code;

222-12                     (D)  domestic sewage or an irrigation return

222-13   flow, to the extent the sewage or return flow does not constitute

222-14   garbage or rubbish; and

222-15                     (E)  industrial discharges subject to regulation

222-16   by permit issued pursuant to Chapter 26, Water Code;

222-17               (4)  building or grounds cleaning, janitorial, or

222-18   custodial services;

222-19               (5)  a structural pest control service covered by

222-20   Section 2, Texas Structural Pest Control Act (Article 135b-6,

222-21   Vernon's Texas Civil Statutes); [or]

222-22               (6)  the surveying of real property; or

222-23               (7)  custom map making, which includes the provision of

222-24   a topological representation of an area of land, submerged land, or

222-25   water specifically prepared under special order or for limited

222-26   distribution without regard to the medium in which the

222-27   representation is presented.

 223-1         SECTION 4.12.  Sections 151.005 and 151.006, Tax Code, are

 223-2   amended to read as follows:

 223-3         Sec. 151.005.  "SALE" OR "PURCHASE."  "Sale" or "purchase"

 223-4   means any of the following when done or performed for

 223-5   consideration:

 223-6               (1)  a transfer of title or possession of tangible

 223-7   personal property;

 223-8               (2)  the exchange, barter, lease, or rental of tangible

 223-9   personal property, including the license or distribution of films,

223-10   videotapes, or disks for theatrical or other public exhibition or

223-11   broadcast;

223-12               (3)  the performance of a taxable service, contracting

223-13   to perform a taxable service or to make a taxable service

223-14   available, or, in the case  of an amusement service, a transfer of

223-15   title to or possession of a ticket or other admission document, the

223-16   collection of an admission fee, whether by individual performance,

223-17   subscription series, or membership privilege, the collection of

223-18   dues or a fee, charge, or assessment, including an initiation fee,

223-19   by a club or organization for membership or a special privilege,

223-20   status, or membership classification in the club or organization,

223-21   or the use of a coin-operated machine;

223-22               (4)  the production, fabrication, processing, printing,

223-23   or imprinting of tangible personal property for consumers who

223-24   directly or indirectly furnish the materials used in the

223-25   production, fabrication, processing, printing, or imprinting;

223-26               (5)  the furnishing and distribution of tangible

223-27   personal property by a social club or fraternal organization to

 224-1   anyone;

 224-2               (6)  the furnishing, preparation, or service of food,

 224-3   meals, or drinks;

 224-4               (7)  a transfer of the possession of tangible personal

 224-5   property if the title to the property is retained by the seller as

 224-6   security for the payment of the price; or

 224-7               (8)  a transfer of the title or possession of tangible

 224-8   personal property that has been produced, fabricated, or printed to

 224-9   the special order of the customer.

224-10         Sec. 151.006.  "SALE FOR RESALE."  "Sale for resale" means a

224-11   sale of:

224-12               (1)  tangible personal property or a taxable service to

224-13   a purchaser who acquires the property or service for the purpose of

224-14   reselling it in the United States of America or a possession or

224-15   territory of the United States of America or in the United Mexican

224-16   States in the normal course of business in the form or condition in

224-17   which it is acquired or as an attachment to or integral part of

224-18   other tangible personal property or taxable service;

224-19               (2)  tangible personal property to a purchaser for the

224-20   sole purpose of the purchaser's leasing or renting it in the United

224-21   States of America or a possession or territory of the United States

224-22   of America or in the United Mexican States to another person, but

224-23   not if incidental to the leasing or renting of real estate;

224-24               (3)  tangible personal property to a purchaser who

224-25   acquires the property for the purpose of transferring it in the

224-26   United States of America or a possession or territory of the United

224-27   States of America or in the United Mexican States as an integral

 225-1   part of a taxable service; or

 225-2               (4)  a taxable service, other than a transportation,

 225-3   warehouse or storage, or appraisal service, performed on tangible

 225-4   personal property that is held for sale by the purchaser of the

 225-5   taxable service.

 225-6         SECTION 4.13.  Subchapter A, Chapter 151, Tax Code, is

 225-7   amended by adding Sections 151.0073  and 151.0074 to read as

 225-8   follows:

 225-9         Sec. 151.0073.  "SANITIZING, STERILIZING, OR DISINFECTION

225-10   SERVICES."  "Sanitizing, sterilizing, or disinfection services"

225-11   means the cleaning of real or tangible personal property through

225-12   the use of agents and processes designed to remove bacteriological,

225-13   viral, or other pathogenic materials.

225-14         Sec. 151.0074.  "SECRETARIAL OR MAILING SERVICES."

225-15   "Secretarial or mailing services" includes:

225-16               (1)  letter or resume writing services;

225-17               (2)  editing or proofreading services; or

225-18               (3)  addressing, packaging, sorting, collating,

225-19   folding, labeling, or any other service to prepare an item for

225-20   shipping or mailing.

225-21         SECTION 4.14.  Subchapter A, Chapter 151, Tax Code, is

225-22   amended by adding Section 151.0082 to read as follows:

225-23         Sec. 151.0082.  "SLUDGE DISPOSAL SERVICES."  "Sludge disposal

225-24   services" means the recycling of sludge, as that term is defined by

225-25   Section 361.003, Health and Safety Code.

225-26         SECTION 4.15.  Section 151.0101(a), Tax Code, is amended to

225-27   read as follows:

 226-1         (a)  "Taxable services" means:

 226-2               (1)  amusement services;

 226-3               (2)  cable television services;

 226-4               (3)  personal services;

 226-5               (4)  motor vehicle parking and storage services;

 226-6               (5)  the repair, remodeling, maintenance, and

 226-7   restoration of tangible personal property, except:

 226-8                     (A)  aircraft; and

 226-9                     (B)  a ship, boat, or other vessel, other than:

226-10                           (i)  a taxable boat or motor as defined by

226-11   Section 160.001;

226-12                           (ii)  a sports fishing boat; or

226-13                           (iii)  any other vessel used for pleasure;

226-14                     [(C)  the repair, maintenance, and restoration of

226-15   a motor vehicle; and]

226-16                     [(D)  the repair, maintenance, creation, and

226-17   restoration of a computer program, including its development and

226-18   modification, not sold by the person performing the repair,

226-19   maintenance, creation, or restoration service;]

226-20               (6)  telecommunications services;

226-21               (7)  credit reporting services;

226-22               (8)  debt collection services;

226-23               (9)  insurance services;

226-24               (10)  information services;

226-25               (11)  real property services;

226-26               (12)  data processing services;

226-27               (13)  real property repair and remodeling;

 227-1               (14)  security services; [and]

 227-2               (15)  telephone answering services;

 227-3               (16)  motor vehicle repair services;

 227-4               (17)  motor vehicle wash or detail services;

 227-5               (18)  employment agency services;

 227-6               (19)  management, consulting, or public relations

 227-7   services;

 227-8               (20)  commercial research, development, or testing

 227-9   services;

227-10               (21)  transportation services;

227-11               (22)  appraisal services;

227-12               (23)  traffic or crowd control services;

227-13               (24)  warehouse or storage services;

227-14               (25)  boat dock services;

227-15               (26)  secretarial or mailing services;

227-16               (27)  diving services;

227-17               (28)  sanitizing, sterilizing, or disinfection

227-18   services;

227-19               (29)  patent brokerage;

227-20               (30)  notary services;

227-21               (31)  sludge disposal services;

227-22               (32)  low-level radioactive waste disposal services;

227-23   and

227-24               (33)  oil well service.

227-25         SECTION 4.16.  Subchapter A, Chapter 151, Tax Code, is

227-26   amended by adding Section 151.01034 to read as follows:

227-27         Sec. 151.01034.  "TRAFFIC OR CROWD CONTROL SERVICES."  (a)

 228-1   "Traffic or crowd control services" means:

 228-2               (1)  marking, painting, or designating traffic flow

 228-3   lanes, parking lanes, or walkways;

 228-4               (2)  rerouting traffic flow for repairs; or

 228-5               (3)  crowd control consultation or planning.

 228-6         (b)  "Traffic or crowd control services" does not include

 228-7   crowd control security personnel or road-race management or race

 228-8   director services.

 228-9         SECTION 4.17.  Subchapter A, Chapter 151, Tax Code, is

228-10   amended by adding Section 151.0106 to read as follows:

228-11         Sec. 151.0106.  "TRANSPORTATION SERVICES."  (a)

228-12   "Transportation services" means transportation of passengers or

228-13   property that originates and terminates in this state, other than

228-14   the regularly scheduled transport of passengers by airline, train,

228-15   or boat, including any combination of the following:

228-16               (1)  freight hauled by rail or by motor vehicle;

228-17               (2)  private mail or package delivery or courier

228-18   service;

228-19               (3)  towing of a motor vehicle;

228-20               (4)  bus or van service, including airport or bus

228-21   terminal shuttle service; and

228-22               (5)  limousine service.

228-23         (b)  "Transportation services" does not include

228-24   transportation of passengers or of passengers and tangible personal

228-25   property by means of a private passenger motor vehicle, other than

228-26   a limousine, that is taxed under Chapter 192.

228-27         SECTION 4.18.  Subchapter A, Chapter 151, Tax Code, is

 229-1   amended by adding Section 151.014 to read as follows:

 229-2         Sec. 151.014.  "WAREHOUSE OR STORAGE SERVICES."  (a)

 229-3   "Warehouse or storage services" means the provision of space and

 229-4   facilities for the keeping and storage of tangible personal

 229-5   property and includes the rental of space and equipment used for

 229-6   safekeeping of the stored items and security at the place of

 229-7   storage without regard to whether the retailer or purchaser has or

 229-8   limits access to the storage area and without regard to whether the

 229-9   storage facility or warehouse is located in a foreign trade zone.

229-10   The term includes coin-operated lockers and cold storage and

229-11   refrigerated lockers for food and perishables.

229-12         (b)  "Warehouse or storage services" does not include:

229-13               (1)  the use of a safety deposit box or other storage

229-14   facility provided in a bank or other financial institution; or

229-15               (2)  grain or other agricultural product warehousing

229-16   described by Chapter 14, Agriculture Code, or other cooperative

229-17   storage by members who are agricultural producers.

229-18         SECTION 4.19.  Section 151.051(b), Tax Code, is amended to

229-19   read as follows:

229-20         (b)  Except as provided by Section 151.0511, the [The] sales

229-21   tax rate is 6-1/4 percent of the sales price of the taxable item

229-22   sold.

229-23         SECTION 4.20.  Subchapter C, Chapter 151, Tax Code, is

229-24   amended by adding Section 151.0511  to read as follows:

229-25         Sec. 151.0511.  RATE FOR GAS AND ELECTRICITY.  (a)  The sales

229-26   tax rate is 3.25 percent of the sales price of gas and electricity

229-27   sold for use by a person exploring for, producing, or transporting

 230-1   a material extracted from the earth.

 230-2         (b)  Gas and electricity sold for a use other than a use

 230-3   listed in Subsection (a) or exempted under this chapter is taxed at

 230-4   the rate provided under Section 151.051.

 230-5         SECTION 4.21.  Section 151.101(b), Tax Code, is amended to

 230-6   read as follows:

 230-7         (b)  The tax is at the same percentage rate as is provided by

 230-8   Section 151.051 or 151.0511 of this code on the sales price of the

 230-9   taxable item.

230-10         SECTION 4.22.  Section 151.301, Tax Code, is amended to read

230-11   as follows:

230-12         Sec. 151.301.  "Exempted From the Taxes Imposed by This

230-13   Chapter." If a taxable item is exempted from the taxes imposed by

230-14   this chapter, the sale, storage, use or other consumption of the

230-15   item is not subject to the sales tax imposed by Sections [Section]

230-16   151.051 and 151.0511 [of this code] or the use tax imposed by

230-17   Section 151.101 [of this code] if the item meets the qualifications

230-18   for exemption as provided in this subchapter; and when an item is

230-19   exempted from the taxes imposed by this chapter the receipts from

230-20   its sale are excluded from the computation of the taxes.

230-21         SECTION 4.23.  Section 151.302, Tax Code, is amended by

230-22   adding Subsections (e) and (f) to read as follows:

230-23         (e)  An appraisal service may be purchased for resale only if

230-24   the service is resold in the form or condition in which it is

230-25   purchased.

230-26         (f)  A transportation service or warehouse or storage service

230-27   may be purchased for resale only if the service is resold in the

 231-1   form or condition in which it is purchased and not resold incident

 231-2   to a sale of another taxable item.

 231-3         SECTION 4.24.  Section 151.304, Tax Code, is amended by

 231-4   adding Subsection (h) to read as follows:

 231-5         (h)  This section does not apply to the sale or the storage,

 231-6   use, or consumption of an aircraft, as that term is defined by

 231-7   Section 151.328.

 231-8         SECTION 4.25.  Section 151.307, Tax Code, is amended by

 231-9   amending Subsections (b), (c), and (d) and adding Subsections (e)

231-10   and (f) to read as follows:

231-11         (b)  When an exemption is claimed because tangible personal

231-12   property is irrevocably committed to the stream of export or

231-13   exported by the seller, or exported by a United States Customs

231-14   Broker licensed by the comptroller under Section 151.157, beyond

231-15   the territorial limits of the United States, proof of export may be

231-16   shown only by:

231-17               (1)  a bill of lading issued by a licensed and

231-18   certificated carrier of persons or property showing the seller as

231-19   consignor, the buyer as consignee, and a delivery point outside the

231-20   territorial limits of the United States;

231-21               (2)  documentation[:]

231-22                     [(A)]  provided to a seller by a United States

231-23   Customs Broker licensed by the comptroller under Section 151.157

231-24   that:

231-25                     (A)  shows the name and address of the seller and

231-26   the buyer;

231-27                     (B)  shows a delivery point outside the

 232-1   territorial limits of the United States; and

 232-2                     (C)  is accompanied by a copy of the invoice,

 232-3   receipt, or other document issued by the seller evidencing the

 232-4   sales price of the tangible personal property[;]

 232-5                     [(B)  certifying that delivery was made to a

 232-6   point outside the territorial limits of the United States; and]

 232-7                     [(C)  to which a stamp issued under Section

 232-8   151.158 is affixed in the manner required by that section or

 232-9   Section 151.157];

232-10               (3)  import documents from the country of destination

232-11   showing that the property was imported into a country other than

232-12   the United States;

232-13               (4)  an original airway, ocean, or railroad bill of

232-14   lading and a forwarder's receipt if an air, ocean, or rail freight

232-15   forwarder takes possession of the property; or

232-16               (5)  any other manner provided by the comptroller for

232-17   an enterprise authorized to make tax-free purchases under Section

232-18   151.156.

232-19         (c)  A United States Customs Broker may not rely on the type

232-20   of evidence described by Subsection (b)(2) to establish that the

232-21   tangible personal property was delivered to a point outside the

232-22   territorial limits of the United States but instead must maintain

232-23   evidence of the type described by Subsection (b)(1), (b)(3), or

232-24   (b)(4).

232-25         (d)  If a United States Customs Broker does not maintain the

232-26   documentation as required by Subsection (c) or if the comptroller

232-27   establishes that the tangible personal property was not delivered

 233-1   to a point outside the territorial limits of the United States, the

 233-2   customs broker is:

 233-3               (1)  liable for the tax on the original purchase price

 233-4   of the tangible personal property, plus applicable penalties and

 233-5   interest computed from the date the retailer delivered the property

 233-6   to the customs broker; and

 233-7               (2)  not eligible for the exemption authorized by this

 233-8   section.

 233-9         (e)  Except for tangible personal property for which proof of

233-10   export is shown under Subsection (b)(5), a purchaser who takes

233-11   possession in this state of tangible personal property to which

233-12   this section otherwise applies is liable for sales tax on the

233-13   original purchase price of the tangible personal property and is

233-14   not eligible for the exemption provided by this section

233-15   [Documentation, including the stamp affixed to the documentation,

233-16   that is provided by a customs broker licensed by the comptroller

233-17   under Section 151.157 is presumed valid in the absence of clear and

233-18   convincing evidence that the tangible personal property covered by

233-19   the documentation was not exported outside the territorial limits

233-20   of the United States].

233-21         (f) [(d)]  In this section:

233-22               (1)  "Air forwarder" means a licensed International Air

233-23   Transportation Association freight forwarder.

233-24               (2)  "Ocean forwarder" means a licensed Federal

233-25   Maritime Commission freight forwarder.

233-26         SECTION 4.26.  Section 151.308(a), Tax Code, is amended to

233-27   read as follows:

 234-1         (a)  The following are exempted from the taxes imposed by

 234-2   this chapter:

 234-3               (1)  oil as taxed by Chapter 202;

 234-4               (2)  sulphur as taxed by Chapter 203;

 234-5               (3)  motor fuels and special fuels as defined, taxed,

 234-6   or exempted by Chapter 153;

 234-7               (4)  cement as taxed by Chapter 181;

 234-8               (5)  motor vehicles, trailers, and semitrailers as

 234-9   defined, taxed, or exempted by Chapter 152 or 157, other than a

234-10   mobile office as defined by Section 152.001(16);

234-11               (6)  mixed beverages, ice, or nonalcoholic beverages

234-12   and the preparation or service of these items if the receipts are

234-13   taxable by Chapter 183 [202, Alcoholic Beverage Code];

234-14               (7)  alcoholic beverages when sold to the holder of a

234-15   private club registration permit or to the agent or employee of the

234-16   holder of a private club registration permit if the holder or agent

234-17   or employee is acting as the agent of the members of the club and

234-18   if the beverages are to be served on the premises of the club;

234-19               (8)  [oil well service as taxed by Subchapter E,

234-20   Chapter 191; and]

234-21               [(9)]  insurance premiums subject to gross premiums

234-22   taxes;

234-23               (9)  aviation fuel as defined, taxed, or exempted by

234-24   Chapter 161; and

234-25               (10)  coal as taxed by Chapter 162.

234-26         SECTION 4.27.  Section 151.3101, Tax Code, is amended by

234-27   adding Subsection (c) to read as follows:

 235-1         (c)  This section does not exempt:

 235-2               (1)  a sports or athletic event provided by an

 235-3   institution of higher education or a private or independent

 235-4   institution of higher education, as those terms are defined by

 235-5   Section 61.003, Education Code; or

 235-6               (2)  a musical concert performance or other amusement

 235-7   that is not solely for educational purposes if an institution of

 235-8   higher education or a private or independent institution of higher

 235-9   education, as those terms are defined by Section 61.003, Education

235-10   Code, contracts with an entity other than another institution of

235-11   higher education or a private or independent institution of higher

235-12   education for the provision of the amusement.

235-13         SECTION 4.28.  Section 151.3111, Tax Code, is amended by

235-14   adding Subsection (d) to read as follows:

235-15         (d)  This section does not apply to:

235-16               (1)  transportation services;

235-17               (2)  appraisal services; or

235-18               (3)  sanitizing, sterilizing, or disinfection services.

235-19         SECTION 4.29.  Section 151.316, Tax Code, is amended by

235-20   amending Subsection (a) and adding Subsection (e) to read as

235-21   follows:

235-22         (a)  The following items are exempted from the taxes imposed

235-23   by this chapter:

235-24               (1)  horses, mules, and work animals;

235-25               (2)  animal life the products of which ordinarily

235-26   constitute food for human consumption;

235-27               (3)  feed for farm and ranch animals;

 236-1               (4)  feed for animals that are held for sale in the

 236-2   regular course of business;

 236-3               (5)  seeds and annual plants the products of which:

 236-4                     (A)  ordinarily constitute food for human

 236-5   consumption;

 236-6                     (B)  are to be sold in the regular course of

 236-7   business; or

 236-8                     (C)  are used to produce feed for animals

 236-9   exempted by this section;

236-10               (6)  fertilizers, fungicides, insecticides, herbicides,

236-11   defoliants, and desiccants exclusively used or employed on a farm

236-12   or ranch in the production of:

236-13                     (A)  food for human consumption;

236-14                     (B)  feed for animal life; or

236-15                     (C)  other agricultural products to be sold in

236-16   the regular course of business;

236-17               (7)  machinery and equipment exclusively used or

236-18   employed on a farm or ranch in the building or maintaining of roads

236-19   or  water facilities or in the production of:

236-20                     (A)  food for human consumption;

236-21                     (B)  grass;

236-22                     (C)  feed for animal life; or

236-23                     (D)  other agricultural products to be sold in

236-24   the regular course of business; and

236-25               (8)  machinery and equipment exclusively used in, and

236-26   pollution control equipment required as a result of, the

236-27   processing, packing, or marketing of agricultural products by an

 237-1   original producer at a location operated by the original producer

 237-2   for processing, packing, or marketing the producer's own products

 237-3   if:

 237-4                     (A)  50 percent or more of the products

 237-5   processed, packed, or marketed at or from the location are produced

 237-6   by the original producer and not purchased or acquired from others;

 237-7   and

 237-8                     (B)  the producer does not process, pack, or

 237-9   market for consideration any agricultural products that belong to

237-10   other persons in an amount greater than five percent of the total

237-11   agricultural products processed, packed, or marketed by the

237-12   producer[; and]

237-13               [(9)  ice exclusively used by commercial fishing boats

237-14   in the storing of aquatic species including but not limited to

237-15   shrimp, other crustaceans, finfish, mollusks, and other similar

237-16   creatures].

237-17         (e)  A transportation service is exempt from the taxes

237-18   imposed by this chapter if the service is:

237-19               (1)  purchased by an original producer for the

237-20   transportation of items exempt under Subsection (a) or (b); or

237-21               (2)  sold or purchased by an original producer for the

237-22   transportation of unprocessed agricultural products.

237-23         SECTION 4.30.  Section 151.317, Tax Code, is amended to read

237-24   as follows:

237-25         Sec. 151.317.  GAS AND ELECTRICITY.  (a)  Gas and electricity

237-26   are exempted from the taxes imposed by this chapter except when

237-27   sold for commercial use.

 238-1         (b)  The sale, production, distribution, lease, or rental of,

 238-2   and the use, storage, or other consumption in this state of, gas

 238-3   and electricity, except when sold for residential or commercial

 238-4   use, are exempted from the taxes imposed by a city under Chapter

 238-5   321 [the Local Sales and Use Tax Act], unless sales for residential

 238-6   use are further exempted by the city as provided by Chapter 321

 238-7   [the Local Sales and Use Tax Act].  The sale, production,

 238-8   distribution, lease, or rental of, and the use, storage, or other

 238-9   consumption in this state of, gas and electricity, except when sold

238-10   for commercial use, are exempted from the taxes imposed by any

238-11   other entity under Title 3 or another law that authorizes the

238-12   imposition of a local sales and use tax.  For purposes of this

238-13   subsection, "commercial use" has the meaning assigned that term by

238-14   Subsection (c) but does not include exploring for, producing, or

238-15   transporting a material extracted from the earth.

238-16         (c)  In this section:

238-17               (1)  "Residential use" means use:

238-18                     (A)  in a family dwelling or in a multifamily

238-19   apartment or housing complex or building or in a part of a building

238-20   occupied as a home or residence when the use is by the owner of the

238-21   dwelling, apartment, complex, or building or part of the building

238-22   occupied; or

238-23                     (B)  in a dwelling, apartment, house, or building

238-24   or part of a building occupied as a home or residence when the use

238-25   is by a tenant who occupies the dwelling, apartment, house, or

238-26   building or part of a building under a contract for an express

238-27   initial term for longer than 29 consecutive days.

 239-1               (2)  "Commercial use" means use by a person engaged in

 239-2   selling, warehousing, or distributing a commodity or a professional

 239-3   or personal service, or in exploring for, producing, or

 239-4   transporting a material extracted from the earth, but does not

 239-5   include:

 239-6                     (A)  use by a person engaged in:

 239-7                           (i)  processing tangible personal property

 239-8   for sale as tangible personal property, other than preparation or

 239-9   storage of food for immediate consumption;

239-10                           (ii)  [exploring for, producing, or

239-11   transporting, a material extracted from the earth;]

239-12                           [(iii)]  agriculture, including dairy or

239-13   poultry operations and pumping for farm or ranch irrigation;

239-14                           (iii) [(iv)]  electrical processes such as

239-15   electroplating, electrolysis, and cathodic protection; or

239-16                           (iv) [(v)]  the off-wing processing,

239-17   overhaul, or repair of a jet turbine engine or its parts for a

239-18   certificated or licensed carrier of persons or property; or

239-19                     (B)  a direct or indirect use, consumption, or

239-20   loss of electricity by an electric utility engaged in the purchase

239-21   of electricity for resale.

239-22         SECTION 4.31.  Section 151.318, Tax Code, is amended by

239-23   amending Subsections (a) and (c) and adding Subsections (r) and (s)

239-24   to read as follows:

239-25         (a)  The following items are exempted from the taxes imposed

239-26   by this chapter:

239-27               (1)  tangible personal property that will become an

 240-1   ingredient or component part of tangible personal property

 240-2   manufactured, processed, or fabricated for ultimate sale;

 240-3               (2)  tangible personal property directly used or

 240-4   consumed in or during the actual manufacturing, processing, or

 240-5   fabrication of tangible personal property for ultimate sale if the

 240-6   use or consumption of the property is necessary or essential to the

 240-7   manufacturing, processing, or fabrication operation and directly

 240-8   makes or causes a chemical or physical change to the product being

 240-9   manufactured, processed, or fabricated for ultimate sale; [and]

240-10               (3)  services performed directly on the product being

240-11   manufactured prior to its distribution for sale and for the purpose

240-12   of making the product more marketable; and

240-13               (4)  actuators, boilers, cooling towers, generators,

240-14   heat exchangers, and computerized control units that are used in

240-15   generating electricity or steam, if the electricity or steam is

240-16   produced for ultimate sale or to power or supply equipment that

240-17   qualifies for exemption under Subsection (a)(2).

240-18         (c)  The exemption does not include:

240-19               (1)  machinery, equipment, or replacement parts or

240-20   their accessories having a useful life when new in excess of six

240-21   months;

240-22               (2)  intraplant transportation equipment, including

240-23   intraplant transportation equipment used to move a product or raw

240-24   material in connection with the manufacturing process and

240-25   specifically including all piping and conveyor systems;

240-26               (3)  maintenance or janitorial supplies or equipment,

240-27   or other machinery, equipment, materials, or supplies that are used

 241-1   incidentally in a manufacturing, processing, or fabrication

 241-2   operation;

 241-3               (4) [(3)]  hand tools; [or]

 241-4               (5) [(4)]  office equipment or supplies, equipment or

 241-5   supplies used in sales or distribution activities, research or

 241-6   development of new products, or transportation activities, or other

 241-7   tangible personal property not used in an actual manufacturing,

 241-8   processing, or fabrication operation;

 241-9               (6)  ice exclusively used by commercial fishing boats

241-10   in the storing of aquatic species including shrimp, other

241-11   crustaceans, finfish, mollusks, and other similar creatures;

241-12               (7)  machinery and equipment or supplies used to

241-13   manufacture, maintain, repair, or remodel items that are not sold;

241-14   or

241-15               (8)  machinery and equipment or supplies used to

241-16   maintain or store tangible personal property.

241-17         (r)  A taxpayer claiming exemption under this section must

241-18   maintain proof that purchases of taxable services and tangible

241-19   personal property are exempted under this section and not excluded

241-20   from the exemption.

241-21         (s)  Transportation services are exempted from the taxes

241-22   imposed by this chapter if the services are purchased by a

241-23   manufacturer for the transportation of:

241-24               (1)  items exempt under Subsection (a)(1); or

241-25               (2)  fuel, including coal or natural gas, used or

241-26   consumed in or during the manufacturing, processing, or fabrication

241-27   of tangible property for ultimate sale.

 242-1         SECTION 4.32.  Sections 151.319(c), (d), and (f), Tax Code,

 242-2   are amended to read as follows:

 242-3         (c)  A transaction involving the sale of a handbill,

 242-4   circular, flyer, advertising supplement, or similar item that is

 242-5   printed to the special order of a customer is exempted from the

 242-6   taxes imposed by this chapter only if the item is printed or

 242-7   purchased by a newspaper for the exclusive purpose of distributing

 242-8   it as part of the newspaper [being distributed as a part of a

 242-9   newspaper, is actually distributed as a part of the newspaper, and

242-10   is delivered to the person who is responsible for the distribution

242-11   of the newspaper in which the item is distributed and not to the

242-12   customer].

242-13         (d)  The following items are exempted from the taxes imposed

242-14   by this chapter:

242-15               (1)  except as provided by Subsection (c), tangible

242-16   personal property that enters into and becomes an ingredient or

242-17   component part of a newspaper, whether or not the newspaper is

242-18   printed for ultimate sale in this state;

242-19               (2)  tangible personal property used or consumed in or

242-20   during a phase of actual printing or processing of a newspaper if

242-21   the use of the property is necessary or essential to the processing

242-22   or printing operation; and

242-23               (3)  chemicals, catalysts, and other materials that are

242-24   used for the purpose of producing a chemical or physical change or

242-25   removing impurities during the printing or processing of a

242-26   newspaper or are used for placing a newspaper in its final

242-27   distributable form.

 243-1         (f)  In this section, "newspaper" means a publication that is

 243-2   printed on newsprint, the average sales price of which for each

 243-3   copy over a 30-day period does not exceed 75 cents, and that is

 243-4   printed and distributed at a daily, weekly, or other short interval

 243-5   for the dissemination of news of a general character and of a

 243-6   general interest.  Except as provided by Subsection (c),

 243-7   "newspaper" ["Newspaper"] does not include a magazine, handbill,

 243-8   circular, flyer, sales catalog, or similar printed item [unless the

 243-9   printed item is printed for distribution as a part of a newspaper

243-10   and is actually distributed as a part of a newspaper].  For the

243-11   purposes of this section, an advertisement is news of a general

243-12   character and of a general interest.  Notwithstanding any other

243-13   provision of this subsection, "newspaper" includes:

243-14               (1)  a publication containing articles and essays of

243-15   general interest by various writers and advertisements that is

243-16   produced for the operator of a licensed and certified carrier of

243-17   persons and distributed by the operator to its customers during

243-18   their travel on the carrier; and

243-19               (2)  a publication for the dissemination of news of a

243-20   general character and of a general interest that is printed on

243-21   newsprint and distributed to the general public free of charge at a

243-22   daily, weekly, or other short interval.

243-23         SECTION 4.33.  Section 151.328(a), Tax Code, is amended to

243-24   read as follows:

243-25         (a)  Aircraft are exempted from the taxes imposed by this

243-26   chapter if:

243-27               (1)  sold to a person using the aircraft as a

 244-1   certificated or licensed carrier of persons or property;

 244-2               (2)  sold to a person who:

 244-3                     (A)  has a sales tax permit issued under this

 244-4   chapter; and

 244-5                     (B)  uses the aircraft for the purpose of

 244-6   providing flight instruction that is:

 244-7                           (i)  recognized by the Federal Aviation

 244-8   Administration;

 244-9                           (ii)  under the direct or general

244-10   supervision of a flight instructor certified by the Federal

244-11   Aviation Administration; and

244-12                           (iii)  designed to lead to a pilot

244-13   certificate or rating issued by the Federal Aviation Administration

244-14   or otherwise required by a rule or regulation of the Federal

244-15   Aviation Administration; or

244-16               (3)  sold to a foreign government[; or]

244-17               [(4)  sold to a person for use and registration in

244-18   another state or nation before any use in this state other than

244-19   flight training in the aircraft and the transportation of the

244-20   aircraft out of this state].

244-21         SECTION 4.34.  Section 151.330, Tax Code, is amended by

244-22   adding Subsections (j)-(m) to read as follows:

244-23         (j)  The benefit of the following services is derived solely

244-24   at the location at which the services are provided:

244-25               (1)  amusement services;

244-26               (2)  personal services;

244-27               (3)  motor vehicle parking and storage services;

 245-1               (4)  real property services;

 245-2               (5)  real property repair and remodeling;

 245-3               (6)  motor vehicle repair services;

 245-4               (7)  motor vehicle wash or detail services;

 245-5               (8)  oil well services;

 245-6               (9)  warehouse or storage services;

 245-7               (10)  boat dock services;

 245-8               (11)  diving services; and

 245-9               (12)  notary services.

245-10         (k)  The benefit of employment agency services is derived

245-11   solely at the physical location where the employment position is

245-12   filled.

245-13         (l)  The benefit of the following services is derived at the

245-14   location of the property that is the subject of the services:

245-15               (1)  appraisal services; and

245-16               (2)  traffic or crowd control services.

245-17         (m)  The benefit of secretarial or mailing services is

245-18   derived at the location of the individual receiving the property or

245-19   other outcome of the service.

245-20         SECTION 4.35.  Section 151.338, Tax Code, is amended to read

245-21   as follows:

245-22         Sec. 151.338.  ENVIRONMENT AND CONSERVATION SERVICES.  (a)

245-23   The services involved in the repair, remodeling, maintenance, or

245-24   restoration of tangible personal property are not taxable under

245-25   this chapter if the repair, remodeling, maintenance, or restoration

245-26   is required by statute, ordinance, order, rule, or regulation of

245-27   any commission, agency, court, or political, governmental, or

 246-1   quasi-governmental entity in order to protect the environment or to

 246-2   conserve energy.

 246-3         (b)  This section does not apply to a service that was not

 246-4   taxable under this chapter on September 30, 1997.

 246-5         SECTION 4.36.  Section 151.346(c), Tax Code, is amended to

 246-6   read as follows:

 246-7         (c)  An exemption authorized by this section does not apply

 246-8   to:

 246-9               (1)  a service that would have been taxable under this

246-10   chapter as it existed on September 1, 1987; or

246-11               (2)  a service that was not taxable under this chapter

246-12   on September 30, 1997.

246-13         SECTION 4.37.  Section 151.410, Tax Code, is amended to read

246-14   as follows:

246-15         Sec. 151.410.  Method of Reporting Sales Tax:  General Rule.

246-16   A seller shall compute the sales tax imposed by Subchapter C of

246-17   this chapter to be paid to the comptroller by multiplying the

246-18   applicable percentage rate of the sales tax times the total

246-19   receipts of the seller from all sales of taxable tangible personal

246-20   property and of taxable services.

246-21         SECTION 4.38.  Section 151.416, Tax Code, is amended to read

246-22   as follows:

246-23         Sec. 151.416.  Commingled Receipts and Tax.  A seller who has

246-24   an accounting system under which the taxes collected under this

246-25   chapter are commingled with the receipts from the sales of taxable

246-26   items may compute his taxable receipts by:

246-27               (1)  subtracting from the total receipts of the seller

 247-1   the receipts from the sales of items that are exempted or are

 247-2   specifically excluded from the taxes imposed by this chapter to

 247-3   obtain a remainder consisting of the commingled receipts from

 247-4   taxable sales and the taxes collected; and

 247-5               (2)  dividing this remainder by one plus the applicable

 247-6   sales tax rate expressed as a decimal fraction to obtain a quotient

 247-7   that is the taxable receipts that may be reported under Section

 247-8   151.410 of this code.

 247-9         SECTION 4.39.  Sections 151.712(a) and (b), Tax Code, are

247-10   amended to read as follows:

247-11         (a)  A person may not sign or certify [proof of export]

247-12   documentation for the purpose of showing an exemption under Section

247-13   151.307(b)(2) unless:

247-14               (1)  the person is:

247-15                     (A)  a customs broker licensed by the comptroller

247-16   under Section 151.157; or

247-17                     (B)  an authorized employee of a customs broker

247-18   licensed by the comptroller under Section 151.157; and

247-19               (2)  the tangible personal property was delivered by

247-20   the seller to the customs broker for export as described by Section

247-21   151.307(b)(2) [the export of which the person certifies is exported

247-22   on the date and to the place shown on the export documentation

247-23   signed by the person].

247-24         (b)  A person who provides [proof of] documentation for the

247-25   purpose of claiming the exemption under Section 151.307(b)(2) [that

247-26   tangible personal property has been exported outside of the United

247-27   States] or a person who may benefit from the provision of the

 248-1   [proof of] documentation, including a customs broker, authorized

 248-2   employee, [authorized independent contractor,] seller of the

 248-3   property or agent or employee of the seller, or a consumer of the

 248-4   property or agent or employee of the consumer, may not sell or buy

 248-5   the [proof of documentation, including stamps required for the]

 248-6   documentation.  This subsection does not apply to a customs broker

 248-7   who accepts a fee for providing documentation under Section

 248-8   151.307(b).

 248-9         SECTION 4.40.  Section 321.002(a), Tax Code, is amended by

248-10   adding Subdivision (4) to read as follows:

248-11               (4)  "Expanded tax base" means the sale, use, storage,

248-12   rental, or other consumption of a taxable item that was not subject

248-13   to the tax imposed by Chapter 151 on September 30, 1997.  The term

248-14   does not include the sale, use, or other consumption of gas and

248-15   electricity for residential use if the municipality is authorized

248-16   to impose a tax on the residential use of gas and electricity.

248-17         SECTION 4.41.  Subchapter C, Chapter 321, Tax Code, is

248-18   amended by adding Sections 321.211 and 321.2111 to read as follows:

248-19         Sec. 321.211.  ELECTION FOR USE OF EXPANDED TAX BASE REVENUE:

248-20   GENERAL PURPOSE TAX.  (a)  The governing body of each municipality

248-21   that has adopted the tax authorized by Section 321.101(a) shall

248-22   call and hold an election on November 4, 1997, on the question of

248-23   the use of revenue from the expanded tax base collected under that

248-24   provision.

248-25         (b)  The order calling the election under this section must

248-26   allow the voters of the municipality to vote on whether the

248-27   expanded tax base revenue is required to be used to:

 249-1               (1)  reduce municipal property taxes; or

 249-2               (2)  provide additional revenue for the municipality

 249-3   that can be used for any general purpose of the municipality in

 249-4   accordance with Section 321.506.

 249-5         (c)  In addition to the purposes described by Subsection (b),

 249-6   the governing body may authorize a vote on the additional options

 249-7   of using the revenue to:

 249-8               (1)  provide funding for one or more specific projects

 249-9   or types of projects; or

249-10               (2)  provide funding for a combination of the purposes

249-11   described by this subsection and Subsection (b).

249-12         (d)  The ballot at the election held under this section shall

249-13   be printed to permit voting in separate propositions on the

249-14   purposes described by Subsection (b) or in three or more separate

249-15   propositions if necessary to vote on the purposes described by

249-16   Subsections (b) and (c).  If the governing body authorizes a vote

249-17   on using the revenue for a combination of purposes, the ballot at

249-18   the election must specify an amount or percentage of the amount of

249-19   revenue that shall be used for each purpose.  Regardless of the

249-20   number of propositions on the ballot, a voter may be allowed to

249-21   vote in favor of only one proposition.  A voter may not be allowed

249-22   to vote against any proposition.

249-23         (e)  The municipality may use the revenue from the expanded

249-24   tax base only for the purpose or combination of purposes expressed

249-25   in the proposition that receives a majority of the votes cast in

249-26   the election.  If no proposition receives a majority of the votes

249-27   cast in the election, the governing body shall call another

 250-1   election to vote on the two propositions that received the highest

 250-2   and second-highest number of votes in the election or that tie for

 250-3   the highest number of votes.  If more than two propositions tie for

 250-4   the highest number of votes in the election  or two or more

 250-5   propositions tie for the second-highest number of votes, the

 250-6   governing body shall draw lots to determine which  two propositions

 250-7   are to be voted on in the subsequent election.

 250-8         (f)  Not later than the fifth day after the date the final

 250-9   canvass of the original election is completed, the governing body

250-10   shall order the subsequent election under Subsection (e).  The

250-11   subsequent election shall be held not earlier than the 20th or

250-12   later than the 30th day after the date the final canvass of the

250-13   original election is completed.  A subsequent election, however,

250-14   may be held after the 30th but not later than the 45th day after

250-15   the date the final canvass of the original election is completed if

250-16   the later date is necessary to:

250-17               (1)  permit a joint election to be held with another

250-18   political subdivision in accordance with Chapter 271, Election

250-19   Code; or

250-20               (2)  avoid holding the election on:

250-21                     (A)  a legal state or national holiday; or

250-22                     (B)  a weekend day within three days of a legal

250-23   state or national holiday.

250-24         (g)  The municipality may use the revenue from the expanded

250-25   tax base only for the purpose or combination of purposes expressed

250-26   in the proposition that receives a majority of the votes cast in

250-27   the subsequent election.

 251-1         (h)  If, before the date the use of the revenue from the

 251-2   expanded tax base is finally determined under this section,  a

 251-3   municipality receives a distribution of the municipality's share of

 251-4   taxes under this chapter that includes  revenue from the expanded

 251-5   tax base, the municipality shall deposit the expanded tax base

 251-6   revenue in a special account and may not use that money for any

 251-7   purpose until the approved use is finally determined.

 251-8         Sec. 321.2111.  ELECTION FOR USE OF EXPANDED TAX BASE

 251-9   REVENUE: TAX LEVIED FOR BENEFIT OF ANOTHER ENTITY.  (a)  This

251-10   section applies to a municipality in which a sales and use tax has

251-11   been adopted at an election held before September 1, 1997, and the

251-12   municipality levies the tax for the benefit of another entity such

251-13   as an industrial development corporation.

251-14         (b)  The governing body of each municipality to which this

251-15   section applies shall call and hold an election on November 4,

251-16   1997, on the question of  the use of revenue from the expanded tax

251-17   base collected under the law authorizing the imposition of the tax.

251-18         (c)  The order calling the election under this section must

251-19   allow the voters of the municipality to vote on whether the

251-20   expanded tax base revenue is required to be used to:

251-21               (1)  reduce municipal property taxes; or

251-22               (2)  provide additional revenue that can be used for

251-23   any general purpose of the entity.

251-24         (d)  In addition to the purposes described by Subsection (c),

251-25   the governing body may authorize a vote on the additional options

251-26   of using the  revenue to:

251-27               (1)  provide funding for one or more specific projects

 252-1   or types of projects that the entity is otherwise authorized to

 252-2   undertake;

 252-3               (2)  rebate revenue to the municipality to provide

 252-4   additional revenue for the municipality that can be used for one or

 252-5   more specific projects or types of projects;

 252-6               (3)  rebate revenue to the municipality to provide

 252-7   additional revenue for the municipality that can be used for any

 252-8   general purpose of the municipality in accordance with Section

 252-9   321.506; or

252-10               (4)  provide funding for a combination of the purposes

252-11   described by this subsection and Subsection (c).

252-12         (e)  The ballot at the election held under this section shall

252-13   be printed to permit voting in separate propositions on the

252-14   purposes described by Subsection (c) or in three or more

252-15   propositions if necessary  to vote on  the purposes described by

252-16   Subsections (c) and (d).  If the governing body authorizes a vote

252-17   on using the revenue for a combination of purposes, the ballot at

252-18   the election must specify an amount or percentage of an amount of

252-19   revenue that shall be used for each purpose.  Regardless of the

252-20   number of propositions on the ballot, a voter may be allowed to

252-21   vote in favor of only one proposition.  A voter may not be allowed

252-22   to vote against any proposition.

252-23         (f)  The entity or municipality, as appropriate, may use the

252-24   revenue from the expanded tax base only for the purpose or

252-25   combination of purposes expressed in the proposition that receives

252-26   a majority of the votes cast in the election.  If no proposition

252-27   receives a majority of the votes cast in the election, the

 253-1   governing body of the municipality shall call another election to

 253-2   vote on the two propositions that received the highest and

 253-3   second-highest number of votes in the election or that tie for the

 253-4   highest number of votes.  If more than two propositions tie for the

 253-5   highest number of votes in the main election or two or more

 253-6   propositions tie for the second-highest number of votes, the

 253-7   governing body shall draw lots to determine which propositions are

 253-8   to be voted on in the subsequent election.

 253-9         (g)  Not later than the fifth day after the date the final

253-10   canvass of the original election is completed, the governing body

253-11   shall order the subsequent election under Subsection (f).  The

253-12   subsequent election shall be held not earlier than the 20th or

253-13   later than the 30th day after the date the final canvass of the

253-14   original election is completed.  A subsequent election, however,

253-15   may be held after the 30th but not later than the 45th day after

253-16   the date the final canvass of the original election is completed if

253-17   the later date is necessary to:

253-18               (1)  permit a joint election to be held with another

253-19   political subdivision in accordance with Chapter 271, Election

253-20   Code; or

253-21               (2)  avoid holding the election on:

253-22                     (A)  a legal state or national holiday; or

253-23                     (B)  a weekend day within three days of a legal

253-24   state or national holiday.

253-25         (h)  The entity or municipality, as appropriate, may use the

253-26   revenue from the expanded tax base only for the purpose or

253-27   combination of purposes expressed in the proposition that receives

 254-1   a favorable vote of a majority of the votes cast in the subsequent

 254-2   election.

 254-3         (i)  If, before the date the use of the revenue from the

 254-4   expanded tax base is finally determined under this section,  a

 254-5   municipality receives a distribution of the entity's share of taxes

 254-6   under this chapter that includes revenue from the expanded tax

 254-7   base, the municipality shall deposit the expanded tax base revenue

 254-8   in a special account and the entity or municipality may not use

 254-9   that money for any purpose until the approved use is finally

254-10   determined.

254-11         SECTION 4.42.  Subchapter C, Chapter 321, Tax Code, is

254-12   amended by adding Section 321.2112 to read as follows:

254-13         Sec. 321.2112.  ELECTION FOR USE OF EXPANDED TAX BASE

254-14   REVENUE:  GENERAL PURPOSE TAX IN CERTAIN MUNICIPALITIES.  (a)  This

254-15   section applies only to a municipality with a population of more

254-16   than 1.5 million.

254-17         (b)  The governing body of each municipality to which this

254-18   section applies that has adopted the tax authorized by Section

254-19   321.101(a) shall call and hold an election on November 4, 1997, on

254-20   the question of  the use of revenue from the expanded tax base

254-21   collected under that provision.

254-22         (c)  The order calling the election under this section must

254-23   allow the voters of the municipality to vote on whether the

254-24   expanded tax  base revenue is required to be used to:

254-25               (1)  provide funding for the construction or renovation

254-26   of one or more sports facilities described by Subsection (e); or

254-27               (2)  provide additional revenue for the municipality

 255-1   that can be used for any general purpose of the municipality in

 255-2   accordance  with Section 321.506.

 255-3         (d)  In addition to the purposes described by Subsection (b),

 255-4   the governing body may authorize a vote on the additional options

 255-5   of using the revenue to:

 255-6               (1)  reduce municipal property taxes;

 255-7               (2)  provide funding for one or more other specific

 255-8   projects or types of projects; or

 255-9               (3)  provide funding for a combination of the purposes

255-10   described by this subsection and Subsection (c).

255-11         (e)  A municipality may use revenue from the expanded sales

255-12   tax base to provide funding for the construction or renovation of

255-13   one or more sports facilities only if:

255-14               (1)  the facility on which the revenue is to be spent

255-15   is owned and operated or managed by the municipality;

255-16               (2)  the municipality does not lease or sell any

255-17   interest in the facility; and

255-18               (3)  the municipality will receive at least 50 percent

255-19   of the gross revenue from the facility, including revenues from

255-20   parking and concessions.

255-21         (f)  The ballot at the election held under this section shall

255-22   be printed to permit voting in separate propositions on the

255-23   purposes  described by Subsection (c) or in three or more separate

255-24   propositions if necessary to vote on the purposes described by

255-25   Subsections (c) and (d).  If the governing body authorizes a vote

255-26   on using the revenue for a combination of purposes, the ballot at

255-27   the election must specify an amount or percentage of the amount of

 256-1   revenue that shall be used for each purpose.  Regardless of the

 256-2   number of propositions on the ballot, a voter may be allowed to

 256-3   vote in favor of only one proposition.  A voter may not be allowed

 256-4   to vote against any proposition.

 256-5         (g)  Any advertisement or other information relating to the

 256-6   election under this section that is prepared or approved by  the

 256-7   municipality must include information describing who will receive

 256-8   revenue from each sports facility included on the ballot and the

 256-9   estimated rental fees the municipality will receive from the use of

256-10   the facility by professional sports teams or other regular users.

256-11         (h)  The municipality may use the revenue from the expanded

256-12   tax base only for the purpose or combination of purposes expressed

256-13   in the proposition that receives a majority of the votes cast in

256-14   the election.  If no proposition receives a majority of the votes

256-15   cast in the election, the governing body shall call another

256-16   election to vote on the two propositions that received the highest

256-17   and second-highest number of votes in the election or that tie for

256-18   the highest number of votes.  If more than two propositions tie for

256-19   the highest number of votes in the election  or two or more

256-20   propositions tie for the second-highest number of votes, the

256-21   governing body shall draw lots to determine which  two propositions

256-22   are to be voted on in the subsequent election.

256-23         (i)  Not later than the fifth day after the date the final

256-24   canvass of the original election is completed, the governing body

256-25   shall  order the subsequent election under Subsection (e).  The

256-26   subsequent election shall be held not earlier than the 20th or

256-27   later than the 30th day after the date the final canvass of the

 257-1   original election is completed.  A subsequent election, however,

 257-2   may be held after the 30th but not later than the 45th day after

 257-3   the date the final canvass of the original election is completed if

 257-4   the later date is necessary to:

 257-5               (1)  permit a joint election to be held with another

 257-6   political subdivision in accordance with Chapter 271, Election

 257-7   Code; or

 257-8               (2)  avoid holding the election on:

 257-9                     (A)  a legal state or national holiday; or

257-10                     (B)  a weekend day within three days of a legal

257-11   state or national holiday.

257-12         (j)  The municipality may use the revenue from the expanded

257-13   tax base only for the purpose or combination of purposes expressed

257-14   in the  proposition that receives a majority of the votes cast in

257-15   the subsequent election.

257-16         (k)  If, before the date the use of the revenue from the

257-17   expanded tax base is finally determined under this section,  a

257-18   municipality receives a distribution of the municipality's share of

257-19   taxes under this chapter that includes  revenue from the expanded

257-20   tax base, the municipality shall deposit the expanded tax base

257-21   revenue in a special account and may not use that money for any

257-22   purpose until the approved use is finally determined.

257-23         (l)  In this section, "sports facility" means an arena,

257-24   coliseum, stadium, or other type of area or facility that is used

257-25   or is planned for use for one or more professional or amateur

257-26   sports events, community events, or other sports events, including

257-27   rodeos, livestock shows, agricultural expositions, promotional

 258-1   events, and other civic or charitable events.  The term includes

 258-2   any store, restaurant, on-site hotel, concession, automobile

 258-3   parking facility, area transportation facility, road, street, water

 258-4   or sewer facility, or other on-site or off-site improvement that

 258-5   relates to and enhances the use, value, or appeal of a sports

 258-6   facility.

 258-7         SECTION 4.43.  Subchapter F, Chapter 321, Tax Code, is

 258-8   amended by adding Section 321.508 to read as follows:

 258-9         Sec. 321.508.  USE OF TAX REVENUE FROM EXPANDED TAX BASE.

258-10   (a)  Notwithstanding any other law,  a municipality that imposes a

258-11   tax under this chapter  or an entity for whom the municipality

258-12   levies a sales and use tax may use  revenue from the expanded tax

258-13   base only for the purpose or purposes authorized by the voters

258-14   under the applicable provisions of this chapter.

258-15         (b)  If the voters of a municipality vote to use all or part

258-16   of the expanded tax base revenue to reduce municipal property

258-17   taxes, and the municipality also imposes the additional sales and

258-18   use tax under Section 321.101(b),  the expanded tax base revenue is

258-19   treated as revenue from the additional sales and use tax and

258-20   Section 321.507 and the applicable provisions of Title 1 apply.

258-21         (c)  If the voters of a municipality vote to use all or part

258-22   of the expanded tax base revenue to reduce municipal property

258-23   taxes, and the municipality does not impose the additional sales

258-24   and use tax under Section 321.101(b), the vote, as to the expanded

258-25   tax base, has the effect of a vote on the additional sales and use

258-26   tax and  Section 321.507 and the applicable provisions of Title 1

258-27   apply to the expanded tax base revenue.

 259-1         SECTION 4.44.  (a)  Chapter 322, Tax Code, is amended by

 259-2   adding Subchapter E to read as follows:

 259-3                    SUBCHAPTER E.  EXPANDED TAX BASE

 259-4         Sec. 322.401.  COMPUTATION OF EXPANDED TAX BASE INDEX.  (a)

 259-5   Not later than September 1, 1997, the comptroller shall compute an

 259-6   expanded tax  base index for each taxing entity that imposes a

 259-7   sales and use tax on January 1, 1997.

 259-8         (b)  The expanded tax base index for a  taxing entity is

 259-9   computed by subtracting from 1 a fraction, expressed as a

259-10   percentage and rounded down to the nearest one-eighth of one

259-11   percent:

259-12               (1)  the numerator of which is the total amount of

259-13   sales and use tax collected in the entity area on the sale, use,

259-14   storage, and other consumption of all taxable items under this

259-15   chapter for the period beginning on July 1, 1996, and extending

259-16   through June 30, 1997; and

259-17               (2)  the denominator of which is the total amount of

259-18   sales and use taxes that the comptroller estimates would have been

259-19   collected in the  entity area on the sale, use, storage, and other

259-20   consumption of all taxable items that will be subject to the tax

259-21   imposed by Chapter 151 on October 1, 1997, including taxable items

259-22   subject to the tax on September 30, 1997, had those items been

259-23   taxed for the entire period beginning on July 1, 1996, and

259-24   extending through June 30, 1997.

259-25         (c)  The comptroller shall establish each expanded tax base

259-26   index using generally accepted statistical techniques and any

259-27   relevant information available to the comptroller.

 260-1         (d)  The comptroller shall notify each taxing entity of the

 260-2   entity's expanded tax base index.

 260-3         Sec. 322.402.  TAX RATE ADJUSTMENT.  (a)  Effective on

 260-4   October 1, 1997, the taxing entity shall reduce the rate at which

 260-5   the taxing entity is imposing the sales and use tax rate by the

 260-6   percentage equal to the entity's expanded tax base index.

 260-7         (b)  In addition to the reduction required by Subsection (a),

 260-8   if the taxing entity is imposing the sales and use tax at the

 260-9   maximum level allowed by law, the maximum tax rate is also reduced

260-10   accordingly.

260-11         (c)  If the taxing entity is not  imposing the sales and use

260-12   tax at the maximum level allowed by law, the maximum tax rate at

260-13   which the taxing entity may impose the sales and use tax is

260-14   automatically reduced by a percentage equal to the entity's

260-15   expanded tax base index.  The comptroller shall compute the amount

260-16   of the reduction required by this subsection and notify the taxing

260-17   entity of the new maximum rate.

260-18         (d)  The comptroller shall deliver to each taxing entity

260-19   required to reduce a tax rate under this section the expanded tax

260-20   base index on or before September 15, 1997.

260-21         (e)  Except for mandamus to compute or recompute the expanded

260-22   tax base, a determination under this section is not subject to

260-23   appeal.

260-24         Sec. 322.403.  RECOMPUTATION.  (a)  Not later than August 1,

260-25   1999, the comptroller shall recompute each taxing entity's expanded

260-26   tax base index, taking into account at least one year's actual

260-27   economic experience and any other factor the comptroller determines

 261-1   is appropriate.   The comptroller shall notify each taxing entity

 261-2   of the entity's recomputed expanded tax base index.

 261-3         (b)  Effective on the earlier of October 1, 1999, or the

 261-4   first day of the next calendar quarter that begins at least 30 days

 261-5   after the date the comptroller notifies the taxing entity of the

 261-6   entity's recomputed expanded tax base index under Subsection (a),

 261-7   the taxing entity shall adjust  the rate at which the entity is

 261-8   imposing the sales and use tax rate and the entity's maximum tax

 261-9   rate as necessary to reflect the recomputed expanded tax base

261-10   index.

261-11         Sec. 322.404.  EXEMPTION ELECTION.  (a)  A taxing entity is

261-12   exempt from the application of this subchapter if the voters of the

261-13   entity,  voting at an election called and held for that purpose,

261-14   authorize the exemption.

261-15         (b)  If the election is held after the taxing entity's tax

261-16   rate is reduced under this subchapter, the ballot at an election

261-17   held under this section must be printed to permit voting for or

261-18   against the proposition:  "The increase of the local sales and use

261-19   tax rate of ________ (insert name of taxing entity) to _____

261-20   (insert rate not to exceed the rate at which the taxing entity was

261-21   imposing the tax on September 1, 1997), and the corresponding

261-22   increase of the maximum tax rate to _____ (insert rate not to

261-23   exceed the maximum tax rate allowed by law on September 1, 1997)."

261-24         (c)  If the election is held before the taxing entity's tax

261-25   rate is reduced under this subchapter, the ballot at an election

261-26   held under this section must be printed to permit voting for or

261-27   against the proposition:  "Exempting _________ (insert name of

 262-1   taxing entity) from the state-mandated automatic tax rate

 262-2   reduction."

 262-3         (d)  A notice of the election and a certified copy of the

 262-4   order canvassing the election results shall be:

 262-5               (1)  sent to the Texas Department of Transportation and

 262-6   comptroller; and

 262-7               (2)  filed in the deed records of each county in which

 262-8   the taxing entity is located.

 262-9         (e)  Section 41.001(a), Election Code, does not apply to an

262-10   election held under this section.

262-11         Sec. 322.405.  EFFECTIVE DATE OF RATE INCREASE.  A rate

262-12   increase authorized by Section 322.404(b) takes effect on the first

262-13   day of the first calendar quarter occurring after the expiration of

262-14   the first complete calendar quarter occurring after the date the

262-15   comptroller receives the notice under Section 322.404(d).

262-16         (b)  This section takes effect on the earliest date on which

262-17   it may take effect under Section 39, Article III, Texas

262-18   Constitution.

262-19         (c)  An election under Section 322.404, Tax Code, as added by

262-20   this section, may not be held before September 1, 1997, but the

262-21   ordering of an election before that date is not invalid.

262-22         SECTION 4.45.  Section 323.002, Tax Code, is amended to read

262-23   as follows:

262-24         Sec. 323.002.  DEFINITIONS.  (a)  The words used in this

262-25   chapter and defined by Chapters 151 and 321 have the meanings

262-26   assigned by Chapters 151 and 321.

262-27         (b)  In this chapter,  "expanded tax base" means the sale,

 263-1   use, storage, rental, or other consumption of a taxable item that

 263-2   was not subject to the tax imposed by Chapter 151 on September 30,

 263-3   1997.

 263-4         SECTION 4.46.  Subchapter C, Chapter 323, Tax Code, is

 263-5   amended by adding Sections 323.210 and 323.2101 to read as follows:

 263-6         Sec. 323.210.  ELECTION FOR USE OF EXPANDED TAX BASE REVENUE;

 263-7   GENERAL COUNTY TAX.  (a)  This section applies to a county that has

 263-8   adopted the county sales and use tax authorized by this chapter at

 263-9   an election held before September 1, 1997.

263-10         (b)  The commissioners court of each county to which this

263-11   section applies shall call and hold an election on November 4,

263-12   1997, on the question of the use of revenue from the expanded tax

263-13   base collected under this chapter.

263-14         (c)  The order calling the election under this section shall

263-15   allow the voters of the county to vote on whether the expanded tax

263-16   base revenue is required to be used to:

263-17               (1)  provide further reduction of county property

263-18   taxes; or

263-19               (2)  provide additional revenue for the county that can

263-20   be used for  any general purpose of the county.

263-21         (d)  In addition to the purposes described by Subsection (c),

263-22   the commissioners court may authorize a vote on the additional

263-23   options of using the revenue to:

263-24               (1)  provide funding for one or more specific projects

263-25   or types of projects; or

263-26               (2)  provide funding for a combination of the purposes

263-27   described by this subsection and Subsection (c).

 264-1         (e)  The ballot at the election held under this section shall

 264-2   be printed to permit voting in  separate propositions on the

 264-3   purposes described by Subsection (c) or in three or more separate

 264-4   propositions if necessary to vote on  the purposes described by

 264-5   Subsections (c) and (d).  If the commissioners court authorizes a

 264-6   vote on using the revenue for a combination of purposes, the ballot

 264-7   at the election must specify an amount or percentage of the amount

 264-8   of revenue that shall be used for each purpose.  Regardless of the

 264-9   number of propositions on the ballot, a voter may be allowed to

264-10   vote in favor of only one proposition.  A voter may not be allowed

264-11   to vote against any proposition.

264-12         (f)  The county may use the revenue from the expanded tax

264-13   base only for the purpose or combination of purposes expressed in

264-14   the proposition that receives a majority of the votes cast in the

264-15   election.  If no proposition receives a majority of the votes cast

264-16   in the election, the commissioners court shall call another

264-17   election to vote on the two propositions that received the highest

264-18   and second-highest number of votes in the  election or that tie for

264-19   the highest number of votes.  If more than two propositions tie for

264-20   the highest number of votes in the main election or two or more

264-21   propositions tie for the second-highest number of votes, the

264-22   commissioners court shall draw lots to determine which two

264-23   propositions are to be voted on in the subsequent election.

264-24         (g)  Not later than the fifth day after the date the final

264-25   canvass of the original election is completed, the commissioners

264-26   court shall order the subsequent election under Subsection (f).

264-27   The subsequent election shall be held not earlier than the 20th or

 265-1   later than the 30th day after the date the final canvass of the

 265-2   original election is completed.  A subsequent election, however,

 265-3   may be held after the 30th but not later than the 45th day after

 265-4   the date the final canvass of the original election is completed if

 265-5   the later date is necessary to:

 265-6               (1)  permit a joint election to be held with another

 265-7   political subdivision in accordance with Chapter 271, Election

 265-8   Code; or

 265-9               (2)  avoid holding the election on:

265-10                     (A)  a legal state or national holiday; or

265-11                     (B)  a weekend day within three days of a legal

265-12   state or national holiday.

265-13         (h)  The county may use the revenue from the expanded tax

265-14   base only for the purpose or combination of purposes expressed in

265-15   the proposition that receives a majority of the votes cast in the

265-16   subsequent election.

265-17         (i)  If, before the date the use of the revenue from the

265-18   expanded tax base is finally determined under this section,  a

265-19   county receives a distribution of the county's share of taxes under

265-20   this chapter that includes revenue from the expanded tax base, the

265-21   county shall deposit the expanded tax base revenue in a special

265-22   account and may not use that money for any purpose until the

265-23   approved use is finally determined.

265-24         Sec. 323.2101.  ELECTION FOR USE OF EXPANDED TAX BASE: TAX

265-25   LEVIED FOR SPECIAL PURPOSE.  (a)  This section applies to a county

265-26   in which a sales and use tax has been adopted at an election held

265-27   before September 1, 1997, and the county  may use the revenue from

 266-1   that tax only for a special purpose such as to provide funding for

 266-2   health services or for the operation of a county landfill and a

 266-3   criminal detention center.

 266-4         (b)  The commissioners court of each county to which this

 266-5   section applies shall call and hold an election on November 4,

 266-6   1997, on the question of the use of revenue from the expanded tax

 266-7   base collected under the law authorizing the imposition of the tax.

 266-8         (c)  The order calling the election under this section shall

 266-9   allow the voters of the county to vote on whether the expanded tax

266-10   base revenue is required to be used to:

266-11               (1)  reduce county property taxes; or

266-12               (2)  provide additional revenue that can be used for

266-13   any special purpose for which the tax is imposed.

266-14         (d)  In addition to the purposes described by Subsection (c),

266-15   the commissioners court may authorize a vote on the additional

266-16   options of using the revenue to:

266-17               (1)  provide funding for one or more specific projects

266-18   or types of projects that the county is otherwise authorized to

266-19   undertake under the law authorizing the imposition of the tax;

266-20               (2)  provide funding that can be used for one or more

266-21   specific projects or types of projects that the county is generally

266-22   authorized to undertake;

266-23               (3)  provide additional revenue for the county that can

266-24   be used for any general purpose of the county; or

266-25               (4)  provide funding for a combination of the purposes

266-26   described by this subsection and Subsection (c).

266-27         (e)  The ballot at the election held under this section shall

 267-1   be printed to permit voting in separate propositions on the

 267-2   purposes described by Subsection (c) or in three or more

 267-3   propositions if necessary to vote on the purposes described by

 267-4   Subsections (c) and (d).  If the commissioners court  authorizes a

 267-5   vote on using the revenue for a combination of purposes, the ballot

 267-6   at the election must specify an amount or percentage of an amount

 267-7   of revenue that shall be used for each purpose.  Regardless of the

 267-8   number of  propositions on the ballot, a voter may be allowed to

 267-9   vote in favor of only one proposition.  A voter may not be allowed

267-10   to vote against any proposition.

267-11         (f)  The county may use the revenue from the expanded tax

267-12   base only for the purpose or combination of purposes expressed in

267-13   the proposition that receives a majority of the votes cast in the

267-14   election.  If no proposition receives a majority of the votes cast

267-15   in the election, the commissioners court shall call another

267-16   election to vote on the two propositions  that received the highest

267-17   and second-highest number of votes in the  election or that tie for

267-18   the highest number of votes.  If more than two propositions tie for

267-19   the highest number of votes in the  election or two or more

267-20   propositions tie for the second-highest number of votes, the

267-21   commissioners court shall draw lots to determine which two

267-22   propositions are to be voted on in the subsequent election.

267-23         (g)  Not later than the fifth day after the date the final

267-24   canvass of the original election is completed, the commissioners

267-25   court  shall order the subsequent election under Subsection (f).

267-26   The subsequent election shall be held not earlier than the 20th or

267-27   later than the 30th day after the date the final canvass of the

 268-1   original election is completed.  A subsequent election, however,

 268-2   may be held after the 30th but not later than the 45th day after

 268-3   the date the final canvass of the original election is completed if

 268-4   the later date is necessary to:

 268-5               (1)  permit a joint election to be held with another

 268-6   political subdivision in accordance with Chapter 271, Election

 268-7   Code; or

 268-8               (2)  avoid holding the election on:

 268-9                     (A)  a legal state or national holiday; or

268-10                     (B)  a weekend day within three days of a legal

268-11   state or national holiday.

268-12         (h)  The county may use the revenue from the expanded tax

268-13   base only for the purpose or combination of purposes expressed in

268-14   the proposition that receives a majority of the votes cast in the

268-15   subsequent election.

268-16         (i)  If, before the date the use of the revenue from the

268-17   expanded tax base is finally determined under this section,  a

268-18   county receives a distribution of the county's share of taxes under

268-19   this chapter that includes revenue from the expanded tax base, the

268-20   county shall deposit the expanded tax base revenue in a special

268-21   account and may not use that money for any purpose until the

268-22   approved use is finally determined.

268-23         SECTION 4.47.  Subchapter F, Chapter 323, Tax Code, is

268-24   amended by adding Section 323.506 to read as follows:

268-25         Sec. 323.506.  USE OF TAX REVENUE FROM EXPANDED TAX BASE.

268-26   (a)  Notwithstanding any other law, a county that imposes a county

268-27   sales and use tax under this chapter or under another chapter for a

 269-1   special purpose may use revenue from the expanded tax base only for

 269-2   the purpose or purposes authorized by the voters under the

 269-3   applicable provisions of this chapter.

 269-4         (b)  If the voters of the county vote to use all or part of

 269-5   the additional revenue to reduce county property taxes, the county

 269-6   shall use the money as required by Section 323.505 and the

 269-7   applicable provisions of Title 1.

 269-8         (c)  If the voters of the county vote to use all or part of

 269-9   the additional revenue for a purpose other than to reduce county

269-10   property taxes, that revenue is not considered to be sales and use

269-11   tax revenue for the purposes of Title 1.

269-12         SECTION 4.48.  (a)  Subtitle C, Title 3, Tax Code, is amended

269-13   by adding Chapter 326 to read as follows:

269-14   CHAPTER 326.  EXPANDED TAX BASE FOR CERTAIN POLITICAL SUBDIVISIONS

269-15                    SUBCHAPTER A.  GENERAL PROVISIONS

269-16         Sec. 326.001.  DEFINITIONS.  In this chapter:

269-17               (1)  "Expanded tax base" means the sale, use, storage,

269-18   rental, or other consumption of a taxable item that was not subject

269-19   to the tax imposed by Chapter 151 on September 30, 1997.

269-20               (2)  "Political subdivision" includes a crime control

269-21   and prevention district, hospital district, and municipal

269-22   management or improvement district.  The term does not include a

269-23   municipality, a county, a transportation authority created under

269-24   Subtitle K, Title 6, Transportation Code, or another entity for

269-25   whose benefit a municipality levies a sales and use tax.

 270-1            (Sections 326.002-326.020 reserved for expansion

 270-2     SUBCHAPTER B.  POLITICAL SUBDIVISION THAT IMPOSES AN AD VALOREM

 270-3                                   TAX

 270-4         Sec. 326.021.  APPLICATION OF SUBCHAPTER.  This subchapter

 270-5   applies to a political subdivision that imposes an ad valorem tax

 270-6   and voted to impose a sales and use tax governed by Chapter 321 or

 270-7   323 before September 1, 1997.

 270-8         Sec. 326.022.  ELECTION FOR USE OF EXPANDED TAX BASE.  (a)

 270-9   The governing body of a political subdivision to which this

270-10   subchapter applies shall call and hold an election on November 4,

270-11   1997, on the question of the  use of the revenue from the expanded

270-12   tax base collected under the law authorizing the imposition of the

270-13   tax.

270-14         (b)  The order calling the election under this section must

270-15   allow the voters of the political subdivision to vote on whether

270-16   the expanded tax base revenue is required to be used to:

270-17               (1)  reduce property taxes of the political

270-18   subdivision; or

270-19               (2)  provide additional revenue for the political

270-20   subdivision that can be used for  any general purpose of the

270-21   political subdivision.

270-22         (c)  In addition to the purposes described by Subsection (b),

270-23   the governing body may authorize a vote on the additional options

270-24   of using the revenue to:

270-25               (1)  provide funding for one or more specific projects

270-26   or types of projects otherwise authorized for the political

270-27   subdivision; or

 271-1               (2)  provide funding for a combination of the purposes

 271-2   described by this subsection and Subsection (b).

 271-3         (d)  The ballot at the election held under this section shall

 271-4   be printed to permit voting in separate propositions on the

 271-5   purposes described by Subsection (b) or in three or more

 271-6   propositions if necessary to vote on the purposes described by

 271-7   Subsections (b) and (c).  If the governing body authorizes a vote

 271-8   on using the revenue for a combination of purposes, the ballot at

 271-9   the election must specify an amount or percentage of the amount of

271-10   revenue that shall be used for each purpose.  Regardless of the

271-11   number of propositions on the ballot, a voter may be  allowed to

271-12   vote in favor of only one proposition.  A voter may not be allowed

271-13   to vote against any proposition.

271-14         (e)  The political subdivision may use the revenue from the

271-15   expanded tax base only for the purpose or combination of purposes

271-16   expressed in the proposition that receives a majority of the votes

271-17   cast in the election.  If no proposition receives a majority of the

271-18   votes cast in the election, the governing body shall call another

271-19   election to vote on the two propositions that received the highest

271-20   and second-highest number of votes in the election or that tie for

271-21   the highest number of votes.  If more than two propositions tie for

271-22   the highest number of votes in the election or two or more

271-23   propositions tie for the second-highest number of votes, the

271-24   governing body shall draw lots to determine which two propositions

271-25   are to be voted on in the subsequent election.

271-26         (f)  Not later than the fifth day after the date the final

271-27   canvass of the original election is completed, the governing body

 272-1   shall order the subsequent election under Subsection (e).  The

 272-2   subsequent election shall be held not earlier than the 20th or

 272-3   later than the 30th day after the date the final canvass of the

 272-4   original election is completed.  A subsequent election, however,

 272-5   may be held after the 30th but not later than the 45th day after

 272-6   the date the final canvass of the original election is completed if

 272-7   the later date is necessary to:

 272-8               (1)  permit a joint election to be held with another

 272-9   political subdivision in accordance with Chapter 271, Election

272-10   Code; or

272-11               (2)  avoid holding the election on:

272-12                     (A)  a legal state or national holiday; or

272-13                     (B)  a weekend day within three days of a legal

272-14   state or national holiday.

272-15         (g)  The political subdivision may use the revenue from the

272-16   expanded tax base only for the purpose or combination of purposes

272-17   expressed in the proposition that receives a majority of the votes

272-18   cast in the subsequent election.

272-19         (h)  If, before the date the use of the revenue from the

272-20   expanded tax base is finally determined under this section, a

272-21   political subdivision receives a distribution of the political

272-22   subdivision's share of taxes under this chapter that includes

272-23   revenue from the expanded tax base, the political subdivision shall

272-24   deposit the expanded tax base revenue in a special account and may

272-25   not use that money for any purpose until the approved use is

272-26   finally determined.

272-27         Sec. 326.023.  USE OF TAX REVENUE.  (a)  Notwithstanding any

 273-1   other law, a political subdivision to which this subchapter applies

 273-2   may use the revenue from the expanded tax base only for the purpose

 273-3   or purposes authorized by the voters under this chapter.

 273-4         (b)  If the voters of a political subdivision vote to use all

 273-5   or part of the additional revenue to reduce property taxes, the

 273-6   vote is considered a vote to impose the municipal additional sales

 273-7   and use tax or a vote to impose the county sales and use tax and

 273-8   Section 321.507 or 323.505, as appropriate, applies.  Regardless,

 273-9   the applicable provisions of Title 1 apply.

273-10            (Sections 326.024-326.050 reserved for expansion

273-11           SUBCHAPTER C.  POLITICAL SUBDIVISION THAT DOES NOT

273-12                        IMPOSE AN AD VALOREM TAX

273-13         Sec. 326.051.  APPLICATION OF SUBCHAPTER.  This subchapter

273-14   applies to a political subdivision that does not impose an ad

273-15   valorem tax and voted to impose a sales and use tax governed by

273-16   Chapter 321 or 323 before September 1, 1997.

273-17         Sec. 326.052.  COMPUTATION OF EXPANDED TAX BASE INDEX.  (a)

273-18   Not later than September 1, 1997, the comptroller shall compute an

273-19   expanded tax base index for each political subdivision to which

273-20   this subchapter applies.

273-21         (b)  Not later than August 1, 1999, the comptroller shall

273-22   recompute the expanded tax base index for each political

273-23   subdivision in accordance with Section 322.403.

273-24         (c)  In computing and recomputing the expanded tax base

273-25   index, the comptroller shall use the procedures prescribed by

273-26   Subchapter E, Chapter 322. For purposes of that computation:

273-27               (1)  "entity area," as that term is used in Subchapter

 274-1   E, Chapter 322, means the area included in the political

 274-2   subdivision; and

 274-3               (2)  "taxing entity," as that term is used in

 274-4   Subchapter E, Chapter 322, means the political subdivision.

 274-5         Sec. 326.053.  REDUCTION OF TAX BASE.  After the comptroller

 274-6   computes or recomputes the expanded tax base index, the political

 274-7   subdivision shall reduce the actual and maximum tax rate in

 274-8   accordance with the requirements of Subchapter E, Chapter 322.

 274-9         Sec. 326.054.  EXEMPTION ELECTION.  The voters of a political

274-10   subdivision may exempt the political subdivision from the

274-11   application of this subchapter in accordance with the procedures

274-12   prescribed by Subchapter E, Chapter 322, and any resulting tax

274-13   increase takes effect as provided by that subchapter, except that

274-14   the political subdivision is not required to send notice or a

274-15   certified copy of the order canvassing the election results to the

274-16   Texas Department of Transportation.

274-17         (b)  This section takes effect on the earliest date on which

274-18   it may take effect under Section 39, Article III, Texas

274-19   Constitution.

274-20         (c)  An election under Section 326.054, Tax Code, as added by

274-21   this section, may not be held before September 1, 1997, but the

274-22   ordering of an election before that date is not invalid.

274-23         SECTION 4.49.  The following provisions of the Tax Code are

274-24   repealed:

274-25               (1)  Section 151.007(d);

274-26               (2)  Section 151.157(g);

274-27               (3)  Sections 151.158 and 151.159;

 275-1               (4)  Section 151.3071;

 275-2               (5)  Section 151.320;

 275-3               (6)  Sections 151.328(f) and (g); and

 275-4               (7)  Subchapter E, Chapter 191.

 275-5         SECTION 4.50.  (a)  There are exempted from the taxes imposed

 275-6   by Chapter 151, Tax Code, the receipts from the sale, use, storage,

 275-7   rental, or other consumption in this state of items or services

 275-8   that became subject to the taxes because of the terms of this

 275-9   article and that are the subject of a written contract or bid

275-10   entered into on or before March 1, 1997.

275-11         (b)  The exemption provided by this section expires January

275-12   1, 2000.

275-13         SECTION 4.51.  Except as provided by this article, this

275-14   article takes effect October 1, 1997.

275-15                   ARTICLE 5.  INSURANCE PREMIUM TAXES

275-16         SECTION 5.01.  Section 11(a), Article 1.14-1, Insurance Code,

275-17   is amended to read as follows:

275-18         (a)  Except as to premiums on insurance procured by a

275-19   licensed surplus lines agent from an eligible surplus lines insurer

275-20   as defined in Article 1.14-2 and premiums on independently procured

275-21   insurance on which a tax has been paid pursuant to this Article or

275-22   Article 1.14-2, every unauthorized insurer shall pay to the

275-23   comptroller, on a form prescribed by the comptroller, before March

275-24   1 next succeeding the calendar year in which the insurance was so

275-25   effectuated, continued or renewed or another date as prescribed by

275-26   the comptroller a premium receipts tax of 5.85 [4.85] percent of

275-27   gross premiums charged for such insurance on subjects resident,

 276-1   located or to be performed in this state.  Such insurance on

 276-2   subjects resident, located or to be performed in this state

 276-3   procured through negotiations or an application, in whole or in

 276-4   part occurring or made within or from within or outside of this

 276-5   state, or for which premiums in whole or in part are remitted

 276-6   directly or indirectly from within or outside of this state, shall

 276-7   be deemed to be insurance procured, or continued or renewed in this

 276-8   state.  The term "premium" includes all premiums, membership fees,

 276-9   assessments, dues and any other consideration for insurance.  Such

276-10   tax shall be in lieu of all other insurance taxes.  On default of

276-11   any such unauthorized insurer in the payment of such tax the

276-12   insured shall pay the tax.  If the tax prescribed by this

276-13   subsection is not paid within the time stated, Subtitles A and B,

276-14   Title 2, Tax Code, and their subsequent amendments, apply.

276-15         SECTION 5.02.  Section 12(a), Article 1.14-1, Insurance Code,

276-16   is amended to read as follows:

276-17         (a)  Every insured who procures insurance in accordance with

276-18   Section 2(b)(4) [2(b)4] of this Article must file a report with the

276-19   comptroller and pay an independently procured insurance tax of 5.85

276-20   [4.85] percent.

276-21         SECTION 5.03.  Section 12(a), Article 1.14-2, Insurance Code,

276-22   is amended to read as follows:

276-23         (a)  The premiums charged for surplus lines insurance are

276-24   subject to a premium receipts tax of 5.85 [4.85] percent of gross

276-25   premiums charged for such insurance.  The term premium includes all

276-26   premiums, membership fees, assessments, dues or any other

276-27   consideration for insurance.  Such tax shall be in lieu of all

 277-1   other insurance taxes.  The surplus lines agent shall collect from

 277-2   the insured the amount of the tax at the time of delivery of the

 277-3   cover note, certificate of insurance, policy or other initial

 277-4   confirmation of insurance, in addition to the full amount of the

 277-5   gross premium charged by the insurer for the insurance.  No agent

 277-6   shall absorb such tax nor shall any agent, as an inducement for

 277-7   insurance or for any other reason, rebate all or any part of such

 277-8   tax or his commission.  The surplus lines agent shall report to the

 277-9   comptroller on or before March 1 of each year the amount of gross

277-10   premiums received for such insurance placed through an eligible

277-11   surplus lines insurer during the calendar year ending on the

277-12   preceding December 31 and shall pay to the comptroller the tax as

277-13   provided for by this Article.  If a surplus lines policy covers

277-14   risks or exposures only partially in this state, the tax payable

277-15   shall be computed on the portions of the premium which are properly

277-16   allocated to the risks or exposures located in this state.  In

277-17   determining the amount of premiums taxable in this state, all

277-18   premiums written, procured, or received in this state and all

277-19   premiums on policies negotiated in this state shall be deemed

277-20   written on property or risks located or resident in this state,

277-21   except such premiums as are properly allocated or apportioned and

277-22   reported as premiums which may be subject to taxation by any other

277-23   state or states. Premiums that are properly allocated to any other

277-24   state or states that are specifically exempt from taxation under

277-25   the regulations of that state or states are not taxable in this

277-26   state.  Premiums on risks or exposures which are properly allocated

277-27   to federal waters, international waters or under the jurisdiction

 278-1   of a foreign government shall not be taxable by this state.  In

 278-2   event of cancellation and rewriting of any surplus lines insurance

 278-3   contract the additional premium for premium receipts tax purposes

 278-4   shall be the premium in excess of the unearned premium of the

 278-5   canceled insurance contract.

 278-6         SECTION 5.04.  Subsection (b), Article 1.16, Insurance Code,

 278-7   is amended to read as follows:

 278-8         (b)  Assessments for the expenses of such domestic

 278-9   examination which shall be sufficient to meet all the expenses and

278-10   disbursements necessary to comply with the provisions of the laws

278-11   of Texas relating to the examination of insurance companies and to

278-12   comply with the provisions of this Article and Articles 1.17 and

278-13   1.18 of this Code, shall be made by the Texas Department [State

278-14   Board] of Insurance upon the corporations or associations to be

278-15   examined taking into consideration annual premium receipts, and/or

278-16   admitted assets that are not attributable to 90 percent of pension

278-17   plan contracts as defined in Section 818(a) of the Internal Revenue

278-18   Code of 1986 (26 U.S.C. Section 818(a)), and/or insurance in force;

278-19   provided such assessments shall be made and collected as follows:

278-20   (1) expenses attributable directly to a specific examination

278-21   including employees' salaries and expenses and expenses provided by

278-22   Article 1.28 of this Code shall be collected at the time of

278-23   examination; (2) assessments calculated annually for each

278-24   corporation or association which take into consideration annual

278-25   premium receipts, and/or admitted assets that are not attributable

278-26   to 90 percent of pension plan contracts as defined in Section

278-27   818(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section

 279-1   818(a)), and/or insurance in force shall be assessed annually for

 279-2   each such corporation or association.  In computing the

 279-3   assessments, the department [board] may not consider insurance

 279-4   premiums for insurance contracted for by a state or federal

 279-5   governmental entity to provide welfare benefits to designated

 279-6   welfare recipients or contracted for in accordance with or in

 279-7   furtherance of Title 2, Human Resources Code, or the federal Social

 279-8   Security Act (42 U.S.C. Section 301 et seq.). The amount of the

 279-9   assessments paid in each taxable year to or for the use of the

279-10   State of Texas by any insurance corporation or association hereby

279-11   affected may not [shall] be allowed as a credit on the amount of

279-12   premium taxes to be paid by any such insurance corporation or

279-13   association [for such taxable year  except as provided by Article

279-14   1.28 of this Code].

279-15         SECTION 5.05.  Section 2, Article 1.28, Insurance Code, is

279-16   amended to read as follows:

279-17         Sec. 2.  The amount of the examination expenses paid to this

279-18   state [incurred by representatives of the State Board of Insurance

279-19   that is directly attributable to an examination of the books,

279-20   records, accounts, and principal offices of a domestic insurance

279-21   company located outside this state as provided by this article] is

279-22   not allowed as a credit on or offset to the amount of premium taxes

279-23   to be paid by the domestic insurance company to the state, and this

279-24   article prevails over any conflicting provisions in [Articles 1.16,

279-25   4.10, and 4.11 of this code or] any other law of this state.

279-26         SECTION 5.06.  Section 1, Article 4.10, Insurance Code, is

279-27   amended to read as follows:

 280-1         Sec. 1.  PAYMENT OF TAX.  Every insurance carrier, including

 280-2   Lloyd's and reciprocal or interinsurance exchanges and any other

 280-3   organization or concern receiving gross premiums from the business

 280-4   of fire, marine, marine inland, accident, credit, livestock,

 280-5   fidelity, guaranty, surety, casualty, workers' compensation,

 280-6   employers' liability, or any other kind or character of insurance,

 280-7   except title insurance and except as provided in Sections 2, 3, and

 280-8   4 of this article, shall pay to the comptroller [for transmittal to

 280-9   the state treasurer] a tax upon such gross premium receipts as

280-10   provided in this article.  Any such insurance carrier doing other

280-11   kinds of insurance business shall pay the tax levied upon its gross

280-12   premiums received from such other kinds of business as provided in

280-13   Articles 4.03 and 4.11 of this code.

280-14         SECTION 5.07.   Section 6(b), Article 4.10, Insurance Code,

280-15   is amended to read as follows:

280-16         (b)  A semiannual prepayment of premium tax must be made on

280-17   March 1st and August 1st by all insurers with net tax liability for

280-18   the previous calendar year in excess of $1,000.  The tax paid on

280-19   each date must equal one-half of the total premium tax paid for the

280-20   previous calendar year.  Should no premium tax have been paid

280-21   during the previous calendar year, the semiannual payment shall

280-22   equal the tax which would be owed on the aggregate of the gross

280-23   premium receipts for the two previous calendar quarters at the

280-24   [minimum] tax rate specified by law.  The comptroller is authorized

280-25   to [certify for] refund [to the State Treasurer] any overpayment of

280-26   premium taxes that results from the semiannual prepayment system

280-27   herein established.

 281-1         SECTION 5.08.  Article 4.10, Insurance Code, is amended by

 281-2   adding Section 6A and amending Section 10 to read as follows:

 281-3         Sec. 6A.  PREPAYMENTS FOR 1998 TAX YEAR.  (a)

 281-4   Notwithstanding Section 6 of this article, for the 1998 tax year, a

 281-5   semiannual prepayment of premium tax must be made on March 1, 1998,

 281-6   and August 1, 1998, by all insurers with net tax liability for the

 281-7   previous calendar year in excess of $1,000.  The tax paid on each

 281-8   date must equal 66.5 percent of the total premium tax paid during

 281-9   the previous calendar year.  If an insurer did not pay premium

281-10   taxes during the previous calendar year, the semiannual payment

281-11   shall equal the tax that would be owed on the aggregate of the

281-12   gross premium receipts for the two previous calendar quarters at

281-13   the tax rate specified by law for the 1998 tax year.  The

281-14   comptroller is authorized to refund any overpayment of premium

281-15   taxes that results from the semiannual prepayment system

281-16   established by this section.

281-17         (b)  This section expires September 1, 1999.

281-18         Sec. 10.  Rate of tax.  There is imposed on each such

281-19   insurance carrier an annual tax equal to 2.25 percent [3.5%] of its

281-20   premium receipts.  [Any insurance carrier may qualify for a tax

281-21   rate lower than the 3.5% imposed by this article.  Such

281-22   qualification for a lower rate can be accomplished in the following

281-23   two ways:]

281-24               [(a)  If such insurance carrier for the year ending

281-25   December 31 preceding owns Texas investments in an amount in total

281-26   value which is not less than 85% nor more than 90% of the amount

281-27   such insurance carrier owned in the comparison state in similar

 282-1   investments as herein defined, the tax imposed shall be equal to

 282-2   2.4% of its gross premium receipts.]

 282-3               [(b)  If such insurance carrier for the year ending

 282-4   December 31 preceding owns Texas investments in an amount in total

 282-5   value which is in excess of 90% of the amount such insurance

 282-6   carrier owned in the comparison state in similar investments as

 282-7   herein defined, the tax imposed shall be equal to 1.6% of its gross

 282-8   premium receipts.]

 282-9         SECTION 5.09.  Section 2(c), Article 4.11, Insurance Code, is

282-10   amended to read as follows:

282-11         (c)  "Gross premiums" are the total gross amount of all

282-12   premiums, membership fees, assessments, dues, and any other

282-13   considerations for such insurance received during the taxable year

282-14   on each and every kind of such insurance policy or contract

282-15   covering persons located in the State of Texas and arising from the

282-16   types of insurance specified in Section 1 of this article, but

282-17   deducting returned premiums, any dividends applied to purchase

282-18   paid-up additions to insurance or to shorten the endowment or

282-19   premium payment period, and excluding those premiums received from

282-20   insurance carriers for reinsurance and there shall be no deduction

282-21   for premiums paid for reinsurance.  For purposes of this article, a

282-22   stop-loss or excess loss insurance policy issued to a health

282-23   maintenance organization, as defined under the Texas Health

282-24   Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance

282-25   Code), shall be considered reinsurance.  [Such gross premiums shall

282-26   not include premiums received from the Treasury of the State of

282-27   Texas or from the Treasury of the United States for insurance

 283-1   contracted for by the state or federal government for the purpose

 283-2   of providing welfare benefits to designated welfare recipients or

 283-3   for insurance contracted for by the state or federal government in

 283-4   accordance with or in furtherance of the provisions of Title 2,

 283-5   Human Resources Code, or the Federal Social Security Act.]  The

 283-6   gross premiums receipts so reported shall not include the amount of

 283-7   premiums paid on group health, accident, and life policies in which

 283-8   the group covered by the policy consists of a single nonprofit

 283-9   trust established to provide coverage primarily for municipal or

283-10   county employees of this state.  To the extent allowed by federal

283-11   law, "gross premiums" includes any contributions made by the

283-12   carrier to an employee benefit plan.

283-13         SECTION 5.10.  Article 4.11, Insurance Code, is amended by

283-14   amending Section 5F and adding Section 5I to read as follows:

283-15         Sec. 5F.  TAX RATE--1995 THROUGH 1997 [AND AFTERWARDS].

283-16   (a)  Except for gross premiums on life insurance taxed under

283-17   Section 5G of this article and gross revenues of health maintenance

283-18   organizations taxed under Subsection (b) of this section and

283-19   Section 5H of this article, beginning with tax year 1995, through

283-20   tax year 1997, there is imposed on each insurance carrier an annual

283-21   tax equal to 1.75 percent of its gross premiums.

283-22         (b)  Beginning with tax year 1995, through tax year 1997,

283-23   there is imposed on each health maintenance organization operating

283-24   under the Texas Health Maintenance Organization Act (Chapter 20A,

283-25   Vernon's Texas Insurance Code) an annual tax equal to 1.75 percent

283-26   of its gross amount of its revenues collected for issuance of

283-27   health maintenance certificates or contracts.

 284-1         Sec. 5I.  TAX RATE--1998 AND AFTERWARDS.  Beginning with tax

 284-2   year 1998, there is imposed on each insurance carrier and health

 284-3   maintenance organization covered under this article a tax equal to

 284-4   2.25 percent of its gross premiums or revenues collected for

 284-5   issuance of certificates or contracts.

 284-6         SECTION 5.11.  Section 13(a), Article 4.11, Insurance Code,

 284-7   is amended to read as follows:

 284-8         (a)  A semiannual prepayment of premium tax must be made on

 284-9   March 1 and August 1 by all insurers with net tax liability for the

284-10   previous calendar year in excess of $1,000.  The tax paid on each

284-11   date must equal one-half of the total premium tax paid for the

284-12   previous calendar year.  Should no premium tax have been paid

284-13   during the previous calendar year, the semiannual payment shall

284-14   equal the tax which would be owed on the aggregate of the gross

284-15   premium receipts for the two previous calendar quarters at the

284-16   [minimum] tax rate specified by law.  The comptroller is authorized

284-17   to [certify for] refund [to the state treasurer] any overpayment of

284-18   premium taxes that results from the semiannual prepayment system

284-19   herein established.

284-20         SECTION 5.12.  Article 4.11, Insurance Code, is amended by

284-21   adding Section 13A to read as follows:

284-22         Sec. 13A.  PREPAYMENTS FOR 1998 TAX YEAR.  (a)

284-23   Notwithstanding Section 13 of this article, for the 1998 tax year,

284-24   a semiannual prepayment of premium tax must be made on March 1,

284-25   1998, and August 1, 1998, by all insurers with net tax liability

284-26   for the previous calendar year in excess of $1,000.  The tax paid

284-27   on each date must equal 66.5 percent of the total premium tax paid

 285-1   during the previous calendar year.  If an insurer did not pay

 285-2   premium taxes during the previous calendar year, the semiannual

 285-3   payment shall equal the tax that would be owed on the aggregate of

 285-4   the gross premium receipts for the two previous calendar quarters

 285-5   at the tax rate specified by law for the 1998 tax year.  The

 285-6   comptroller is authorized to refund any overpayment of premium

 285-7   taxes that results from the semiannual prepayment system

 285-8   established by this section.

 285-9         (b)  This section expires September 1, 1999.

285-10         SECTION 5.13.  Section 3(b), Article 9.59, Insurance Code, is

285-11   amended to read as follows:

285-12         (b)  A semiannual prepayment of premium tax must be made on

285-13   March 1 and August 1 by all insurers with net tax liability for the

285-14   previous calendar year of more than $1,000.  The tax paid on each

285-15   date must equal one-half of the total premium tax paid for the

285-16   previous calendar year.  If no premium tax has been paid during the

285-17   previous calendar year, the semiannual payment shall equal the tax

285-18   that would be owed on the aggregate of the gross premium receipts

285-19   for the two previous calendar quarters at the [minimum] tax rate

285-20   specified by law.  The comptroller may [certify for] refund [to the

285-21   state treasurer] any overpayment of premium taxes that results from

285-22   the semiannual prepayment system established by this subsection.

285-23         SECTION 5.14.   Article 9.59, Insurance Code, is amended by

285-24   adding Section 3A and amending Section 4 to read as follows:

285-25         Sec. 3A.  PREPAYMENTS FOR 1998 TAX YEAR.  (a)

285-26   Notwithstanding Section 3 of this article, for the 1998 tax year, a

285-27   semiannual prepayment of premium tax must be made on March 1, 1998,

 286-1   and August 1, 1998, by all insurers with net tax liability for the

 286-2   previous calendar year in excess of $1,000.  The tax paid on each

 286-3   date must equal 66.5 percent of the total premium tax paid during

 286-4   the previous calendar year.  If an insurer did not pay premium

 286-5   taxes during the previous calendar year, the semiannual payment

 286-6   shall equal the tax that would be owed on the aggregate of the

 286-7   gross premium receipts for the two previous calendar quarters at

 286-8   the tax rate specified by law for the 1998 tax year.  The

 286-9   comptroller is authorized to refund any overpayment of premium

286-10   taxes that results from the semiannual prepayment system

286-11   established by this section.

286-12         (b)  This section expires September 1, 1999.

286-13         Sec. 4.  RATE OF TAX.  There is imposed on all premium on

286-14   title insurance an annual tax equal to two percent (2.0%).

286-15                 [Any title insurance company may remit on a tax rate

286-16   lower than the two percent (2.0%) imposed by this article.  If such

286-17   title insurance company as of the preceding December 31 owns Texas

286-18   investments in an amount in total value which is in excess of

286-19   ninety percent (90%) of the amount such title insurance company

286-20   owned in the comparison state in similar investments as herein

286-21   defined, the tax imposed shall be equal to 1.3 percent (1.3%) of

286-22   premium.]

286-23         SECTION 5.15.  Sections 32(b)(3)-(5), Texas Health

286-24   Maintenance Organization Act (Article 20A.32, Vernon's Texas

286-25   Insurance Code), are amended to read as follows:

286-26               (3)  The [Except as provided by Subdivision (4) of this

286-27   subsection, the] amount paid by a health maintenance organization

 287-1   in each taxable year under Subdivision (1)(B) of this subsection

 287-2   may not [shall] be allowed as a credit on the amount of premium

 287-3   taxes to be paid by the health maintenance organization [for that

 287-4   taxable year].

 287-5               (4)  [The amount directly attributable to an

 287-6   examination of the books, records, accounts, or principal offices

 287-7   of a health maintenance organization located outside this state may

 287-8   not be allowed as a credit against the amount of premium taxes to

 287-9   be paid by the health maintenance organization.]

287-10               [(5)]  The funds received by the board shall be

287-11   deposited in the state treasury to the credit of the Texas

287-12   Department of Health health maintenance organization fund, and

287-13   those funds shall be appropriated to the Texas Department of Health

287-14   to carry out the statutory duties of the board under this chapter.

287-15         SECTION 5.16.  The following provisions of the Insurance Code

287-16   are repealed:

287-17               (1)  Sections 7, 8, 9, and 13, Article 4.10;

287-18               (2)  Section 8, Article 4.11;

287-19               (3)  Article 4.11B;

287-20               (4)  Article 4.11C; and

287-21               (5)  Sections 7, 13, and 14, Article 9.59.

287-22         SECTION 5.17.  This article takes effect January 1, 1998.

287-23                       ARTICLE 6. LOTTERY REVENUE

287-24         SECTION 6.01.  Section 466.015, Government Code, is amended

287-25   by amending Subsection (c) and adding Subsection (d) to read as

287-26   follows:

287-27         (c)  The commission may adopt rules governing the

 288-1   establishment and operation of the lottery, including rules

 288-2   governing:

 288-3               (1)  the type of lottery games to be conducted;

 288-4               (2)  the price of each ticket;

 288-5               (3)  the number of winning tickets and amount of the

 288-6   prize paid on each winning ticket, except that the total amount of

 288-7   prizes awarded under this chapter may not exceed the amount

 288-8   described in Subsection (d);

 288-9               (4)  the frequency of the drawing or selection of a

288-10   winning ticket;

288-11               (5)  the number and types of locations at which a

288-12   ticket may be sold;

288-13               (6)  the method to be used in selling a ticket;

288-14               (7)  the use of vending machines or electronic or

288-15   mechanical devices of any kind, other than machines or devices that

288-16   dispense currency or coins as prizes;

288-17               (8)  the manner of paying a prize to the holder of a

288-18   winning ticket;

288-19               (9)  the investigation of possible violations of this

288-20   chapter or any rule adopted under this chapter;

288-21               (10)  the means of advertising to be used for the

288-22   lottery;

288-23               (11)  the qualifications of vendors of lottery services

288-24   or equipment;

288-25               (12)  the confidentiality of information relating to

288-26   the operation of the lottery, including:

288-27                     (A)  trade secrets;

 289-1                     (B)  security measures, systems, or procedures;

 289-2                     (C)  security reports;

 289-3                     (D)  bids or other information regarding the

 289-4   commission's contracts, if disclosure of the information would

 289-5   impair the commission's ability to contract for facilities, goods,

 289-6   or services on terms favorable to the commission;

 289-7                     (E)  personnel information unrelated to

 289-8   compensation, duties, qualifications, or responsibilities; and

 289-9                     (F)  information obtained by commission security

289-10   officers or investigators;

289-11               (13)  the development and availability of a model

289-12   agreement governing the division of a prize among multiple

289-13   purchasers of a winning ticket purchased through a group purchase

289-14   or pooling arrangement;

289-15               (14)  the criteria to be used in evaluating bids for

289-16   contracts for lottery facilities, goods, and services; or

289-17               (15)  any other matter necessary or desirable as

289-18   determined by the commission, to promote and ensure:

289-19                     (A)  the integrity, security, honesty, and

289-20   fairness of the operation and administration of the lottery; and

289-21                     (B)  the convenience of players and holders of

289-22   winning tickets.

289-23         (d)  The total amount of lottery prizes that the commission

289-24   may award  for all lottery games in any fiscal year may not exceed

289-25   an amount equal to the gross revenue from the sale of tickets in

289-26   that fiscal year multiplied by the percentage amount of lottery

289-27   prizes awarded for all lottery games in fiscal year 1997 as

 290-1   determined by the comptroller minus an amount equal to five percent

 290-2   of gross lottery revenue for the fiscal year in which the prizes

 290-3   are being awarded.

 290-4         SECTION 6.02.  Section 466.355(b), Government Code, is

 290-5   amended to read as follows:

 290-6         (b)  Money in the state lottery account may be used only for

 290-7   the following purposes and shall be distributed as follows:

 290-8               (1)  the payment of prizes to the holders of winning

 290-9   tickets;

290-10               (2)  the payment of costs incurred in the operation and

290-11   administration of the lottery, including any fees received by a

290-12   lottery operator, provided that the costs incurred in a fiscal

290-13   biennium may not exceed an amount equal to 15 percent of the gross

290-14   revenue accruing from the sale of tickets in that biennium;

290-15               (3)  the establishment of a pooled bond fund, lottery

290-16   prize reserve fund, unclaimed prize fund, and prize payment

290-17   account;  and

290-18               (4)  the balance, after creation of a reserve

290-19   sufficient to pay the amounts needed or estimated to be needed

290-20   under Subdivisions (1) through (3), to be transferred to the

290-21   foundation school [unobligated portion of the general revenue]

290-22   fund, on or before the 15th day of  each month.

290-23         SECTION 6.03.  This article takes effect September  1, 1997.

290-24         SECTION 6.04.  (a)  Except as provided by Subsection (b) of

290-25   this section, the change in law made to Section 466.015, Government

290-26   Code, by this article, applies to a ticket sold on or after the

290-27   effective date of this article. A ticket sold before that date is

 291-1   governed by the law in effect when the ticket was sold, and that

 291-2   law is continued in effect for that purpose.

 291-3         (b)  In fiscal year 1998, the total amount of lottery prizes

 291-4   that the Texas Lottery Commission may award under Section

 291-5   466.015(d), Government Code, as added by this article, may not

 291-6   exceed  an amount equal to the gross revenue from the sale of

 291-7   lottery tickets multiplied by the percentage amount of lottery

 291-8   prizes awarded for all lottery games in fiscal year 1997 as

 291-9   determined by the comptroller minus an amount equal to four and

291-10   one-half percent of gross lottery revenue for the 1998 fiscal year.

291-11         SECTION 6.05.  The change in law made to Section 466.355,

291-12   Government Code, by this article applies only to a transfer from

291-13   the state lottery account made on or after the effective date of

291-14   this article.

291-15                  ARTICLE 7.  ALCOHOLIC BEVERAGE TAXES

291-16         SECTION 7.01.  Sections 201.03, 201.04, and 201.09, Alcoholic

291-17   Beverage Code, are amended to read as follows:

291-18         Sec. 201.03.  Tax on Distilled Spirits.  (a)  A tax is

291-19   imposed on the first sale of distilled spirits at the rate of $2.64

291-20   [$2.40] per gallon.

291-21         (b)  The minimum tax imposed on packages of distilled spirits

291-22   containing two ounces or less is 5.5 [five] cents per package.

291-23         (c)  Should packages containing less than one-half pint but

291-24   more than two ounces ever be legalized in this state, the minimum

291-25   tax imposed on each of these packages is $0.134 [$0.122].

291-26         Sec. 201.04.  Tax on Vinous Liquor.  (a)  A tax is imposed on

291-27   the first sale of vinous liquor that does not contain over 14

 292-1   percent of alcohol by volume at the rate of 22.44 [20.4] cents per

 292-2   gallon.

 292-3         (b)  A tax is imposed on vinous liquor that contains more

 292-4   than 14 percent of alcohol by volume at the rate of 44.88 [40.8]

 292-5   cents per gallon.

 292-6         (c)  A tax is imposed on artificially carbonated and natural

 292-7   sparkling vinous liquor at the rate of 56.76 [51.6] cents per

 292-8   gallon.

 292-9         Sec. 201.09.  REFUND DUE ON DISPOSITION OUTSIDE OF STATE.

292-10   The holder of any permit authorizing the transportation of liquor

292-11   out of this state may apply to the commission for a refund of the

292-12   excise tax on liquor on which the state tax has been paid on proper

292-13   proof that the liquor was sold or disposed of outside of this

292-14   state.  This section does not apply to the holder of an airline

292-15   beverage permit or passenger train permit.

292-16         SECTION 7.02.  Section 201.42, Alcoholic Beverage Code, is

292-17   amended to read as follows:

292-18         Sec. 201.42.  Tax on Ale and Malt Liquor.  A tax is imposed

292-19   on the first sale of ale and malt liquor at the rate of $0.2178

292-20   [$0.198] per gallon.

292-21         SECTION 7.03.  Section 203.01, Alcoholic Beverage Code, is

292-22   amended to read as follows:

292-23         Sec. 203.01.  Tax on Beer.  A tax is imposed on the first

292-24   sale of beer manufactured in this state or imported into this state

292-25   at the rate of $6.60 [six dollars] per barrel.

292-26         SECTION 7.04.  (a)  This article takes effect September 1,

292-27   1997.

 293-1         (b)  In addition to the holders of any alcoholic beverage

 293-2   license or permit, the provisions of this article also apply to the

 293-3   holder of a food and beverage certificate issued by the Texas

 293-4   Alcoholic Beverage Commission.

 293-5             ARTICLE 8.  MOTOR FUEL AND AVIATION FUEL TAXES

 293-6         SECTION 8.01.  Section 153.001, Tax Code, is amended by

 293-7   amending Subdivisions (1), (4), (8), (16), (18), (19), (25), and

 293-8   (27) and adding Subdivisions (28), (29), and (30) to read as

 293-9   follows:

293-10               (1)  "Aviation fuel [dealer]" has the meaning assigned

293-11   to that term by Section 161.001 [means a person who:]

293-12                     [(A)  is the operator of an aircraft servicing

293-13   facility;]

293-14                     [(B)  delivers gasoline or diesel fuel

293-15   exclusively into the fuel supply tanks of aircraft or into

293-16   equipment used solely for servicing aircraft and used exclusively

293-17   off-highway; and]

293-18                     [(C)  does not use, sell, or distribute gasoline

293-19   or diesel fuel on which a fuel tax is required to be collected or

293-20   paid to this state].

293-21               (4)  "Dealer" means a person who is the operator of a

293-22   service station or other retail outlet and who delivers motor fuel

293-23   into the fuel supply tanks of motor vehicles, commercial vessels,

293-24   or motorboats.

293-25               (8)  "Diesel tax prepaid user" means a person:

293-26                     (A)  whose purchases of diesel fuel are not for

293-27   commercial vessel or agricultural use and are predominantly for

 294-1   nonhighway use;

 294-2                     (B)  who acquires diesel fuel on which the tax

 294-3   imposed under Section 153.202(c)  has been paid;

 294-4                     (C)  whose only diesel-powered motor vehicles are

 294-5   passenger cars or light trucks; and

 294-6                     (D) [(C)]  who elects to prepay an annual diesel

 294-7   fuel tax to the comptroller on each diesel-powered motor vehicle.

 294-8               (16)  "Liquefied gas" means all combustible gases that

 294-9   exist in the gaseous state at 60 degrees Fahrenheit and at a

294-10   pressure of 14.7 pounds per square inch absolute, but does not

294-11   include gasoline, [or] diesel fuel, or aviation fuel.

294-12               (18)  "Motorboat" means a vessel propelled by

294-13   machinery, whether or not the machinery is the principal source of

294-14   propulsion.  The term does not include a commercial vessel.

294-15               (19)  "Motor fuel" includes gasoline, diesel fuel,

294-16   liquefied gas, and other products that are usable as propellants of

294-17   a motor vehicle, but does not include aviation fuel.

294-18               (25)  "Supplier" means a person who:

294-19                     (A)  refines, distills, manufactures, produces,

294-20   or blends for sale or distribution diesel fuel in this state;

294-21                     (B)  imports or exports diesel fuel other than in

294-22   the fuel supply tanks of motor vehicles;

294-23                     (C)  sells or delivers diesel fuel in bulk

294-24   quantities to dealers, users, [aviation fuel dealers,] or other

294-25   suppliers; or

294-26                     (D)  is engaged in the business of selling or

294-27   delivering diesel fuel in bulk quantities to consumers for

 295-1   nonhighway uses.

 295-2               (27)  "User" means a person who owns or operates a

 295-3   motor vehicle, a motorboat, or a motor-fuel-powered motor or

 295-4   engine, other than a commercial vessel or a motor or engine for

 295-5   agricultural use, having fuel supply tanks into which gasoline or

 295-6   diesel fuel is delivered.

 295-7               (28)  "Agricultural use" means propelling farm

 295-8   machinery and operating pumping equipment in the production of an

 295-9   agricultural product or processing farm and ranch products in the

295-10   hands of the producer only.

295-11               (29)  "Bonded limited tax-paid user" means a user who

295-12   does not possess or use tax-free diesel fuel.

295-13               (30)  "Commercial vessel" means a vessel propelled by

295-14   machinery, whether or not the machinery is the principal source of

295-15   propulsion, that is used exclusively for commercial purposes, other

295-16   than the provision of entertainment or gambling services.

295-17         SECTION 8.02.  Section 153.013, Tax Code, is amended by

295-18   adding Subsection (c) to read as follows:

295-19         (c)  In the absence of evidence to the contrary, any

295-20   gasoline, diesel fuel, or other product capable of being used as

295-21   the propellant of a  gasoline-powered engine or diesel engine is

295-22   presumed to be motor fuel subject to the provisions of this chapter

295-23   unless the product is in the possession of an aviation fuel

295-24   distributor or aviation fuel dealer or in the fuel supply tanks of

295-25   an aircraft, in which case the fuel or product is presumed to be

295-26   aviation gasoline or aviation diesel fuel subject to the provisions

295-27   of Chapter 161.  A cargo manifest identifying fuel as aviation fuel

 296-1   is sufficient evidence to establish the fuel as aviation fuel and

 296-2   subject the fuel to the provisions of Chapter 161. If an

 296-3   enforcement act or procedure is authorized by this chapter and by

 296-4   Chapter 161, the enforcement officer is not required to state or

 296-5   determine whether the action is taken under this chapter or Chapter

 296-6   161.

 296-7         SECTION 8.03.  Section 153.102, Tax Code, is  amended  by

 296-8   adding Subsection (c)  to read as follows:

 296-9         (c)  The tax rate for gasoline used in this state for a

296-10   nonhighway use other than commercial vessel or agricultural use and

296-11   other than an excepted use is four cents for each gross or

296-12   volumetric gallon or fractional part of a gallon.

296-13         SECTION 8.04.  Section 153.104, Tax Code, is amended to read

296-14   as follows:

296-15         Sec. 153.104.  EXCEPTIONS.  The tax imposed by this

296-16   subchapter does not apply to gasoline:

296-17               (1)  brought into this state in the fuel supply tank of

296-18   a motor vehicle operated by a person not required to be permitted

296-19   as an interstate trucker or in the fuel supply tank having a

296-20   capacity of 60 gallons or less of a motor or engine not used for

296-21   highway purposes and not removed from the tank;

296-22               (2)  delivered by a permitted distributor to a common

296-23   or contract carrier, oceangoing vessel (including ship, tanker, or

296-24   boat), or a barge for export from this state if the gasoline is

296-25   moved forthwith outside the state;

296-26               (3)  sold by a permitted distributor to another

296-27   permitted distributor;

 297-1               (4)  sold to the federal government for its exclusive

 297-2   use;

 297-3               (5)  that is aviation fuel and is taxed under Chapter

 297-4   161 [delivered by a permitted distributor into a storage facility

 297-5   of a permitted aviation fuel dealer from which gasoline will be

 297-6   delivered solely into the fuel supply tanks of aircraft or aircraft

 297-7   servicing equipment;]

 297-8               [(6)  sold by one aviation fuel dealer to another

 297-9   aviation fuel dealer who will deliver the aviation fuel exclusively

297-10   into the fuel supply tanks of aircraft or aircraft servicing

297-11   equipment];

297-12               (6) [(7)]  sold to a public school district in this

297-13   state for its exclusive use; or

297-14               (7) [(8)]  sold to a commercial transportation company

297-15   that provides public school transportation services to a school

297-16   district under Section 34.008 [21.181], Education Code, and used by

297-17   the company exclusively to provide those services.

297-18         SECTION 8.05.  Section 153.114, Tax Code, is amended to read

297-19   as follows:

297-20         Sec. 153.114.  LIST OF DISTRIBUTORS[, AVIATION FUEL DEALERS,]

297-21   AND GASOLINE JOBBERS.  The comptroller, on or before December 20 of

297-22   each year, shall mail or distribute to all permitted distributors a

297-23   printed alphabetical list of permitted distributors[, aviation fuel

297-24   dealers,] and gasoline jobbers. A distributor [and an aviation fuel

297-25   dealer] on the list is [are] qualified to purchase gasoline tax

297-26   free during the following calendar year.   A gasoline jobber on the

297-27   list is qualified to purchase gasoline tax-paid during the

 298-1   following calendar year.  A supplemental list of additions and

 298-2   deletions shall be delivered to the distributors each month.  A

 298-3   current and effective permit or the list furnished by the

 298-4   comptroller is evidence of the validity of the permit until the

 298-5   comptroller notifies distributors of a change in the status of a

 298-6   permit holder.

 298-7         SECTION 8.06.  Section 153.117(f), Tax Code, is amended to

 298-8   read as follows:

 298-9         (f)  The comptroller may require selective schedules from a

298-10   distributor, dealer, [aviation fuel dealer,] interstate trucker,

298-11   gasoline jobber, or common or contract carrier for any purchases,

298-12   sales, or deliveries of gasoline when the schedules are not

298-13   inconsistent with the requirements of this chapter.

298-14         SECTION 8.07.  Sections 153.119(a), (b), and (d), Tax Code,

298-15   are amended to read as follows:

298-16         (a)  A person who exports, sells to the federal government,

298-17   to a public school district in this state, or to a commercial

298-18   transportation company for exclusive use in providing public school

298-19   transportation services to a school district under Section 34.008

298-20   [21.181], Education Code, without having added the amount of the

298-21   tax imposed by this chapter to his selling price, loses by fire or

298-22   other accident, or uses gasoline for the purpose of operating or

298-23   propelling a commercial vessel or for agricultural use [motorboat,

298-24   tractor used for agricultural purposes, or stationary engine, or

298-25   for another purpose except in a vehicle operated or intended to be

298-26   operated on the public highways of this state,] and who has paid

298-27   the tax imposed on gasoline by this chapter either directly or

 299-1   indirectly is, when the person has complied with the invoice and

 299-2   filing provisions of this section and the rules of the comptroller,

 299-3   entitled to reimbursement of the tax paid by him, less a filing fee

 299-4   and any amount allowed distributors, wholesalers or jobbers,

 299-5   dealers, or others under Section 153.105(e) [153.105(c) of this

 299-6   code].  A public school district that has paid the tax imposed

 299-7   under this chapter on gasoline used by the district or a commercial

 299-8   transportation company that has paid the tax imposed under this

 299-9   chapter on gasoline used by the company exclusively to provide

299-10   public school transportation services to a school district under

299-11   Section 34.008 [21.181], Education Code, is entitled to

299-12   reimbursement of the amount of the tax paid in the same manner and

299-13   subject to the same procedures as other exempted users.

299-14         (b)  A person who uses gasoline for the purpose  of operating

299-15   a  stationary engine, for the purpose of operating a motorboat, for

299-16   the purpose of operating a railway engine, or for another purpose

299-17   except in a vehicle operated or intended to be operated on the

299-18   public highways of this state and who has paid the tax imposed on

299-19   gasoline by this chapter either directly or indirectly and is not

299-20   otherwise entitled to a full refund is, when the person has

299-21   complied with the invoice and filing provisions of this section and

299-22   the rules of the comptroller, entitled to reimbursement of the tax

299-23   paid by the person, less a filing fee, any amount allowed

299-24   distributors, wholesalers or jobbers, dealers, or others under

299-25   Section 153.105(e), and four cents for each gallon or fractional

299-26   part of a gallon used.  A person may file a refund claim under this

299-27   subsection for a portion of the tax paid on the gasoline used in

 300-1   motor vehicles that are operated exclusively off the public

 300-2   highways except for incidental travel on the public highways as

 300-3   determined by the comptroller, but not for that portion used in

 300-4   incidental travel.

 300-5         (d)  If the quantity of gasoline used in Texas by auxiliary

 300-6   power units or power take-off equipment on any motor vehicle can be

 300-7   accurately measured while the motor vehicle is stationary by any

 300-8   metering or other measuring device or method designed to measure

 300-9   the fuel separately from fuel used to propel the motor vehicle, the

300-10   comptroller may approve and adopt the use of any device as a basis

300-11   for determining the quantity of gasoline consumed in those

300-12   operations for tax credit or tax refund under Subsection (b).

300-13         SECTION 8.08.  Section 153.1195(d), Tax Code, is amended to

300-14   read as follows:

300-15         (d)  This section does not apply to a sale of gasoline that

300-16   is delivered into the fuel supply tank of a motor vehicle, a

300-17   commercial vessel, or a motorboat and for which payment is made

300-18   through the use and acceptance of a credit card.

300-19         SECTION 8.09.  Section 153.120(a), Tax Code, is amended to

300-20   read as follows:

300-21         (a)  A refund claim must be filed on a form provided by the

300-22   comptroller, be supported by the original invoice issued by the

300-23   seller, and contain:

300-24               (1)  the stamped or preprinted name and address of the

300-25   seller;

300-26               (2)  the name of the purchaser;

300-27               (3)  the date of delivery of the gasoline;

 301-1               (4)  the date of the issuance of the invoice (if

 301-2   different from the date of fuel delivery);

 301-3               (5)  the number of gallons of gasoline delivered;

 301-4               (6)  the amount of tax, either separately stated from

 301-5   the selling price or a notation that the selling price includes the

 301-6   tax; and

 301-7               (7)  the type of vehicle or equipment, such as a

 301-8   motorboat, commercial vessel, railway engine, farm machine, highway

 301-9   vehicle, off-highway vehicle, or refrigeration unit or stationary

301-10   engine, distinguishing agricultural and other user, into which the

301-11   fuel is delivered.

301-12         SECTION 8.10.  Section 153.202, Tax Code, is amended by

301-13   adding Subsections (c), (d), (e), and (f) to read as follows:

301-14         (c)  The tax rate for diesel fuel sold or used in this state

301-15   for a nonhighway use other than commercial vessel or agricultural

301-16   use and other  than an excepted use is four cents for each gross or

301-17   volumetric gallon or fractional part of a gallon.

301-18         (d)  A tax is imposed on diesel fuel purchased tax-free

301-19   before January 1, 1998, that would have been subject to payment of

301-20   the tax imposed by Subsection (c) if the diesel fuel had been

301-21   purchased on or after January 1, 1998.  The rate of tax is four

301-22   cents for each volumetric gallon or fractional part of a gallon of

301-23   diesel fuel held on that date.  The tax imposed by this subsection

301-24   does not apply to a person who on January 1, 1998, holds less than

301-25   2,000 gallons of diesel fuel.

301-26         (e)  Each person shall gauge or meter each storage tank

301-27   containing tax-free diesel fuel at the end of December 31, 1997.

 302-1   Each person shall report the volume of tax-free diesel fuel so

 302-2   measured and remit the taxes imposed by this section not later than

 302-3   January 21, 1998, on forms and according to procedures adopted by

 302-4   the comptroller for that purpose.

 302-5         (f)  This subsection and Subsections (d) and (e) expire

 302-6   January 1, 1999.

 302-7         SECTION 8.11.  Section 153.203, Tax Code, is amended to read

 302-8   as follows:

 302-9         Sec. 153.203.  EXCEPTIONS.  The tax imposed by this

302-10   subchapter does not apply to:

302-11               (1)  diesel fuel delivered by a permitted supplier to a

302-12   common or contract carrier, oceangoing vessel (including ship,

302-13   tanker, or boat), or barge for export from this state, if the

302-14   diesel fuel is moved forthwith outside this state;

302-15               (2)  diesel fuel sold by a permitted supplier to the

302-16   federal government for its exclusive use;

302-17               (3)  diesel fuel sold or delivered by a permitted

302-18   supplier to another permitted supplier or bonded tax-free user[, to

302-19   the bulk storage facility of a diesel tax prepaid user,] or to a

302-20   purchaser who provides a signed statement as provided by Section

302-21   153.205 [of this code], but not including a delivery of tax-free

302-22   diesel fuel into the fuel supply tanks of a motor vehicle, except

302-23   for a motor vehicle owned by the federal government;

302-24               (4)  diesel fuel that is aviation fuel and that is

302-25   taxed under  Chapter 161 [sold or delivered by a permitted supplier

302-26   into the storage  facility of a permitted aviation fuel dealer,

302-27   from which diesel fuel will be sold or delivered solely into the

 303-1   fuel supply tanks of aircraft or aircraft servicing equipment];

 303-2               (5)  diesel fuel sold or delivered by a permitted

 303-3   supplier into fuel supply tanks of commercial vessels [railway

 303-4   engines, motorboats,] or refrigeration units for agricultural use

 303-5   or other stationary equipment for agricultural use powered by a

 303-6   separate motor from a separate fuel supply tank;

 303-7               (6)  kerosene when delivered by a permitted supplier

 303-8   into a storage facility at a retail business from which all

 303-9   deliveries are exclusively for heating, cooking, lighting, or

303-10   similar non-motor or non-engine [nonhighway] use;

303-11               (7)  [diesel fuel sold or delivered by one aviation

303-12   fuel dealer to another aviation fuel dealer who will deliver the

303-13   diesel fuel exclusively into the supply tanks of aircraft or

303-14   aircraft servicing equipment;]

303-15               [(8)]  diesel fuel sold by a permitted supplier to a

303-16   public school district in this state for its exclusive use; [or]

303-17               (8) [(9)]  diesel fuel sold by a permitted supplier to

303-18   a commercial transportation company that provides public school

303-19   transportation services to a school district under Section 34.008

303-20   [21.181], Education Code, and used by the company exclusively to

303-21   provide those services; or

303-22               (9)  diesel fuel brought into this state in the fuel

303-23   supply tank having a capacity of 60 gallons or less of a motor or

303-24   engine not used for highway purposes and not removed from the tank.

303-25         SECTION 8.12.  Section 153.205(a), Tax Code, is amended to

303-26   read as follows:

303-27         (a)  The first sale or use of diesel fuel in this state is

 304-1   taxable, except that the sale of diesel fuel may be made without

 304-2   collecting the tax if the purchaser furnishes to a permitted

 304-3   supplier a signed statement that stipulates that:

 304-4               (1)  the purchaser does not operate any diesel-powered

 304-5   motors or engines, other than a commercial vessel or other than for

 304-6   agricultural use [motor vehicles on the public highway];

 304-7               (2)  all of the diesel fuel will be consumed by the

 304-8   purchaser and no diesel fuel purchased on a signed statement will

 304-9   be resold; and

304-10               (3)  none of the diesel fuel purchased in this state

304-11   will be delivered or permitted by the purchaser to be delivered

304-12   into fuel supply tanks of motor vehicles or used to power any motor

304-13   or engine other than a commercial vessel or other than for an

304-14   agricultural use.

304-15         SECTION 8.13.  Subchapter C, Chapter 153, Tax Code, is

304-16   amended by adding Section 153.2055 to read as follows:

304-17         Sec. 153.2055.  STATEMENT FOR PURCHASE OF CERTAIN DIESEL

304-18   FUEL.  (a)  The first sale or use of diesel fuel in this state is

304-19   taxable, except that the sale of diesel fuel may be made without

304-20   the collection of the tax imposed under Section 153.202(a) but with

304-21   the collection of the tax imposed under Section 153.202(c) if the

304-22   purchaser furnishes to a permitted supplier a signed statement that

304-23   stipulates that:

304-24               (1)  the purchaser does not operate any diesel-powered

304-25   motor vehicles on the public highways;

304-26               (2)  all of the diesel fuel will be consumed by the

304-27   purchaser and no diesel fuel purchased on a signed statement will

 305-1   be resold; and

 305-2               (3)  none of the diesel fuel purchased in this state

 305-3   will be delivered or permitted by the purchaser to be delivered

 305-4   into fuel supply tanks of motor vehicles.

 305-5         (b)  A person may not make a purchase of diesel fuel under

 305-6   this section using a signed statement:

 305-7               (1)  for the purchase of more than 3,000 gallons of

 305-8   diesel fuel in a single transaction; or

 305-9               (2)  in a calendar month in which the person has

305-10   previously purchased more than 10,000 gallons of diesel fuel from

305-11   all sources.

305-12         (c)  The signed statement from the purchaser relieves the

305-13   permitted supplier from the burden of proof that the sale of diesel

305-14   fuel was taxable only under Section 153.202(c)   to the purchaser

305-15   and remains in effect unless:

305-16               (1)  the statement is revoked in writing by the

305-17   purchaser or supplier;

305-18               (2)  the comptroller notifies the supplier in writing

305-19   that the purchaser may no longer make purchases under this section;

305-20   or

305-21               (3)  the supplier is put on notice by making sales of

305-22   diesel fuel taxable under Section 153.202(a)  to a purchaser who

305-23   has previously submitted a signed statement to the supplier.

305-24         (d)  A sale taxable under Section 153.202(a)  to a person who

305-25   has previously submitted a signed statement creates a rebuttable

305-26   presumption that the supplier had reasonable notice that all

305-27   subsequent sales should have been taxable.

 306-1         (e)  A person who makes a use that is taxable under Section

 306-2   153.202(a) of any part of the diesel fuel purchased under a signed

 306-3   statement shall, in addition to any criminal penalty, forfeit the

 306-4   person's right to purchase diesel fuel tax free or under this

 306-5   section for a period of one year from the date of the offense, and

 306-6   any tax, interest, and penalty found to be due through false or

 306-7   erroneous execution or continuance of a promissory statement by the

 306-8   purchaser, if assessed to the supplier, is a debt of the purchaser

 306-9   to the supplier until paid and is recoverable at law in the same

306-10   manner as the purchase price of the fuel.  The person may, however,

306-11   claim a refund of the tax paid on any diesel fuel as permitted

306-12   under Section 153.222.

306-13         (f)  The statement must be signed by the purchaser or the

306-14   purchaser's representative.

306-15         (g)  The comptroller's regulations may allow separate

306-16   operating divisions of corporations to give separate signed

306-17   statements as if they were different legal entities.

306-18         (h)  The comptroller may promulgate necessary forms and rules

306-19   to administer and enforce this section.

306-20         (i)  A permitted supplier may not make a  sale of diesel fuel

306-21   on which only the tax imposed by Section 153.202(c)  is collected

306-22   to a purchaser using a signed statement:

306-23               (1)  for the sale of more than 3,000 gallons of diesel

306-24   fuel in a single transaction; or

306-25               (2)  in a calendar month in which the supplier has

306-26   previously sold more than 10,000 gallons of diesel fuel to the

306-27   purchaser.

 307-1         (j)  A sale of diesel fuel may be made with the collection of

 307-2   only the tax imposed by Section 153.202(c)  to a purchaser who

 307-3   operates one or more motor vehicles on the public highways and who

 307-4   furnishes to a permitted supplier a signed statement only as

 307-5   provided in this subsection. The statement must stipulate that all

 307-6   the diesel fuel will be consumed by the purchaser for purposes

 307-7   other than operating a motor vehicle on the public highways and

 307-8   that no diesel fuel purchased on a signed statement will be resold

 307-9   or delivered into the fuel supply tanks of a motor vehicle. Diesel

307-10   fuel that may be sold under this subsection with the collection of

307-11   only the taxes imposed under Section 153.202(c) may only be of a

307-12   type that may not be legally used by the purchaser for the

307-13   operation of a motor vehicle on the public highways under state or

307-14   federal law. Subsections (a), (c)(3), and (d) do not apply to sales

307-15   of fuel under this subsection.

307-16         SECTION 8.14.  Sections 153.206(a), (c), and (i), Tax Code,

307-17   are amended to read as follows:

307-18         (a)  A supplier who makes a sale or use of diesel fuel in

307-19   this state for a purpose other than those exceptions listed in

307-20   Section 153.203 [of this code] shall at the time of sale or use be

307-21   liable to the state for the tax imposed in this subchapter and

307-22   shall report and pay the tax in the manner provided in the

307-23   subchapter.  A supplier who makes a sale of diesel fuel to the

307-24   holder of a diesel tax prepaid user permit or a bonded limited

307-25   tax-paid user or who makes a sale under a statement  under Section

307-26   153.2055 shall collect the tax at the rate provided by Section

307-27   153.202(c).

 308-1         (c)  A user, except a diesel tax prepaid user, shall report

 308-2   and pay to the state the tax at the rate imposed on each gallon of

 308-3   diesel fuel delivered by him into the fuel supply tanks of a motor

 308-4   vehicle, unless the tax has been paid to a permitted supplier or a

 308-5   dealer, or, as a diesel tax prepaid user, the tax has been prepaid

 308-6   directly to the comptroller. If the diesel fuel delivered under

 308-7   this section into the fuel supply tanks of a motor vehicle is fuel

 308-8   on which the tax imposed under Section 153.202(c)  has been paid,

 308-9   the user shall pay the difference between  the tax imposed under

308-10   Section 153.202(a)  and the tax imposed under Section 153.202(c);

308-11   otherwise, the amount paid shall be the amount of tax imposed under

308-12   Section 153.202(a).

308-13         (i)  A bonded limited tax-paid user or permitted interstate

308-14   trucker is entitled to deduct one-half of one percent of the

308-15   taxable gallons of diesel fuel on payment of the taxes to this

308-16   state for the expense of recordkeeping, reporting, and remitting

308-17   the tax.

308-18         SECTION 8.15.  Section 153.207(a), Tax Code, is amended to

308-19   read as follows:

308-20         (a)  A supplier, bonded limited tax-paid user, bonded

308-21   tax-free user, interstate trucker, diesel tax prepaid user,

308-22   [aviation fuel dealer,] or diesel fuel jobber shall file an

308-23   application with the comptroller for one of the nonassignable

308-24   permits provided for in this subchapter.

308-25         SECTION 8.16.  Section 153.208, Tax Code, is amended by

308-26   amending Subsections (b), (c), and (d) and adding Subsection (e) to

308-27   read as follows:

 309-1         (b)  A supplier's permit authorizes a person to sell tax-free

 309-2   diesel fuel to:

 309-3               (1)  another supplier;

 309-4               (2)  a bonded tax-free user;

 309-5               (3)  if applicable, an agricultural operator [an

 309-6   aviation fuel dealer]; and

 309-7               (4)  [a diesel prepaid user if delivered into his bulk

 309-8   storage facilities only; and]

 309-9               [(5)]  a person issuing a signed statement under

309-10   Section 153.205.

309-11         (c)  A supplier's permit authorizes a person to supply diesel

309-12   fuel on which the tax under Section 153.202(c)  has been paid to:

309-13               (1)  a bonded limited tax-paid user;

309-14               (2)  a diesel prepaid user;

309-15               (3)  a permitted supplier; and

309-16               (4)  a person issuing a signed statement under Section

309-17   153.2055.

309-18         (d)  A supplier's permit authorizes a person to supply fully

309-19   tax-paid diesel fuel to suppliers and other purchasers.

309-20         (e) [(d)]  A supplier may not make a tax-free sale or

309-21   delivery of diesel fuel into the fuel supply tanks of a diesel

309-22   motor or engine,  other than a commercial vessel or other than for

309-23   an agricultural use, or of a motor vehicle other than a motor

309-24   vehicle owned by the United States.

309-25         SECTION 8.17.  Section 153.209, Tax Code, is amended to read

309-26   as follows:

309-27         Sec. 153.209.  BONDED TAX-FREE USER PERMIT.  A bonded

 310-1   tax-free  user permit authorizes a user whose purchases of diesel

 310-2   fuel are exclusively for commercial vessel or agricultural

 310-3   [predominantly for nonhighway] use to purchase diesel fuel tax free

 310-4   from permitted suppliers [and to  report and pay taxes to this

 310-5   state on that part of the diesel fuel that is delivered into the

 310-6   fuel supply tanks of motor vehicles owned or operated by him].

 310-7         SECTION 8.18. Subchapter C, Chapter 153, Tax Code, is amended

 310-8   by adding Sections 153.2095 and 153.2096 to read as follows:

 310-9         Sec. 153.2095.  BONDED LIMITED TAX-PAID USER PERMIT.  A

310-10   bonded limited tax-paid user permit authorizes a user whose

310-11   purchases of diesel fuel are predominantly for nonhighway use,

310-12   other than for commercial vessel or agricultural use, to purchase

310-13   diesel fuel on which the tax  has been paid under Section

310-14   153.202(c) from permitted suppliers and to report and pay taxes to

310-15   this state in accordance with Section 153.206(c)  on that part of

310-16   the diesel fuel that is delivered into the fuel supply tanks of

310-17   motor vehicles owned or operated by him.

310-18         Sec. 153.2096.  AGRICULTURAL OPERATOR'S PERMIT.  An

310-19   agricultural operator's permit authorizes a user whose purchases of

310-20   diesel fuel are predominantly for nonhighway agricultural use to

310-21   purchase diesel fuel tax-free from permitted suppliers and to

310-22   report and pay taxes as imposed by Section 153.202(a) to this state

310-23   on that part of the diesel fuel that is delivered into the fuel

310-24   supply tanks of motor vehicles owned or operated by the

310-25   agricultural user.

310-26         SECTION 8.19.  Sections 153.210(a)  and (b), Tax Code, are

310-27   amended to read as follows:

 311-1         (a)  A diesel tax prepaid user permit authorizes a person

 311-2   whose use of diesel fuel is, other than commercial vessel or

 311-3   agricultural use, predominantly for nonhighway use, but who owns or

 311-4   operates one or more passenger cars or light trucks only in the

 311-5   weight class shown in this section to elect to prepay an annual tax

 311-6   on the fuel delivered from his own [tax-free] storage rather than

 311-7   obtain a bonded limited tax-paid user permit.  If he elects to

 311-8   obtain a diesel tax prepaid user permit, he must prepay the tax at

 311-9   the rate prescribed for each motor vehicle based on the class of

311-10   registered gross weight.  A person whose purchases of diesel fuel

311-11   are predominantly for highway use does not qualify for a diesel tax

311-12   prepaid user permit.

311-13         (b)  The vehicle classes and amounts of tax are:

311-14         Class A Less than 2,500 pounds ....... $ 37.20  [46.50]

311-15         Class B 2,500 to 3,500 pounds  .......   66.00  [82.50]

311-16         Class C 3,501 to 4,500 pounds  ......   82.80  [103.50]

311-17         Class D 4,501 to 7,000 pounds  ......   99.60  [124.50]

311-18         Class E 7,001 to 10,000 pounds .......  116.40 [145.50]

311-19         SECTION 8.20.  Section 153.214, Tax Code, is amended to read

311-20   as follows:

311-21         Sec. 153.214.  SUPPLIER MAY PERFORM OTHER FUNCTIONS.  A

311-22   supplier may operate under the supplier's permit as a user or[,]

311-23   dealer[, or aviation fuel dealer] without securing a separate

311-24   permit, but is subject to all other conditions, requirements, and

311-25   liabilities imposed on those permittees.

311-26         SECTION 8.21.  Section 153.215(a), Tax Code, is amended to

311-27   read as follows:

 312-1         (a)  A supplier's, agricultural operator's, bonded tax-free

 312-2   user's, and bonded limited tax-paid user's [user] permit is

 312-3   permanent and valid as long as the permittee has in force and

 312-4   effect the required bond or security and furnishes timely reports

 312-5   as required, or until the permit is surrendered by the holder or

 312-6   canceled by the comptroller.  The comptroller may cancel a

 312-7   supplier's, agricultural operator's, bonded tax-free user's, or

 312-8   bonded limited tax-paid user's permit if no purchase, sale, or use

 312-9   of diesel fuel has been reported by the supplier, agricultural

312-10   operator, bonded tax-free user, or bonded limited tax-paid user for

312-11   the prior 12 months.

312-12         SECTION 8.22.  Section 153.217, Tax Code, is amended to read

312-13   as follows:

312-14         Sec. 153.217.  LIST OF SUPPLIERS, BONDED TAX-FREE USERS,

312-15   BONDED LIMITED TAX-PAID USERS, AGRICULTURAL OPERATORS, [AVIATION

312-16   FUEL DEALERS,] AND DIESEL FUEL JOBBERS.  (a)  The comptroller, on

312-17   or before December 20 of each calendar year, shall mail or

312-18   distribute to each supplier a printed alphabetical list of

312-19   permitted suppliers, bonded tax-free users, bonded limited tax-paid

312-20   users, agricultural operators, [aviation fuel dealers,] and diesel

312-21   fuel jobbers. A permitted supplier, a bonded tax-free user, and an

312-22   agricultural operator [aviation fuel dealer] on the list are

312-23   qualified to purchase diesel fuel  tax free during the following

312-24   calendar year. A bonded limited tax-paid user on the list is

312-25   entitled to purchase diesel fuel on which the tax imposed under

312-26   Section 153.202(c)  has been paid.  A diesel fuel jobber on the

312-27   list is qualified to purchase diesel fuel tax-paid during the

 313-1   following calendar year.  A supplemental list of additions and

 313-2   deletions shall be delivered to each supplier each month.

 313-3         (b)  The comptroller, on or before January 31 of each

 313-4   calendar year, shall mail or distribute to each supplier a printed

 313-5   alphabetical list of diesel tax prepaid user permittees who are

 313-6   qualified to purchase diesel fuel on which the tax imposed by

 313-7   Section 153.202(c)  has been paid [tax free] during the ensuing

 313-8   calendar year.  A supplemental list of additions and deletions

 313-9   shall be delivered to each supplier each month.

313-10         SECTION 8.23.  Sections 153.218(a), (b), (c), and (j), Tax

313-11   Code, are amended to read as follows:

313-12         (a)  The comptroller shall determine the amount of security

313-13   required of a supplier, agricultural operator, bonded tax-free

313-14   user, bonded limited tax-paid user,  or diesel fuel jobber taking

313-15   into consideration the amount of tax that has or is expected to

313-16   become due from the person, any past history of the person as a

313-17   supplier, bonded tax-free user, bonded limited tax-paid user, or

313-18   diesel fuel jobber and the necessity to protect the state against

313-19   the failure to pay the tax as it becomes due.

313-20         (b)  If it is determined that the posting of security is

313-21   necessary to protect the state, the comptroller may require a

313-22   supplier or bonded tax-free user to post a surety bond equal to two

313-23   times the most amount of tax that could accrue on tax-free diesel

313-24   fuel purchased or acquired during a reporting period.  A diesel

313-25   fuel jobber or bonded limited tax-paid user shall post a bond in an

313-26   amount determined by the comptroller according to the past payment

313-27   history of the jobber or bonded limited tax-paid user.  The minimum

 314-1   bond for a supplier or diesel fuel jobber is $30,000, and the

 314-2   maximum bond is $600,000. The minimum bond for a bonded tax-free

 314-3   user, agricultural operator, or bonded limited tax-paid user is

 314-4   $10,000, and the maximum bond is $600,000. However, if the

 314-5   comptroller determines there is undue risk of loss of tax revenues,

 314-6   the comptroller may require one or more bonds or securities in a

 314-7   total amount exceeding $600,000.

 314-8         (c)  A supplier, agricultural operator, bonded tax-free user,

 314-9   bonded limited tax-paid user, or diesel fuel jobber who has filed a

314-10   bond or other security under this subchapter is exempted from the

314-11   bond or other security requirements of this subchapter and is

314-12   entitled, on request, to have the comptroller return, refund, or

314-13   release the bond or security if in the judgment of the comptroller

314-14   the person has for four consecutive years continuously complied

314-15   with the conditions of the bond or other security filed under this

314-16   subchapter.  However, if the comptroller determines that the

314-17   revenues of the state would be jeopardized by the return, refund,

314-18   or release of the bond or security, the comptroller may elect not

314-19   to return, refund, or release the bond or security, and may

314-20   reimpose a requirement of a bond or other security as the

314-21   comptroller determines is necessary to protect the revenues of the

314-22   state.

314-23         (j)  The comptroller shall notify immediately the issuer of a

314-24   letter of credit of a final determination of the supplier's,

314-25   agricultural operator's, bonded tax-free user's, or bonded limited

314-26   tax-paid user's delinquent liability or a judgment secured in any

314-27   action by this state to recover diesel taxes, costs, penalties, and

 315-1   interest found to be due this state by a supplier, agricultural

 315-2   operator, bonded tax-free user, or bonded limited tax-paid user in

 315-3   whose behalf the letter of credit was issued.  The letter of credit

 315-4   allowed as security for the remittance of taxes under this

 315-5   subchapter shall contain a statement that the issuer agrees to

 315-6   respond to the comptroller's notice of liability with amounts to

 315-7   satisfy the comptroller's delinquency claim against the supplier,

 315-8   agricultural operator, bonded tax-free user, or bonded limited

 315-9   tax-paid user.

315-10         SECTION 8.24.  Sections 153.219(c)-(i), Tax Code, are amended

315-11   to read as follows:

315-12         (c)  An agricultural operator or a [A] bonded limited

315-13   tax-paid user, bonded tax-free user, or other user with nonhighway

315-14   equipment uses who files a claim for a refund shall keep a record

315-15   showing the number of gallons of:

315-16               (1)  inventories of all diesel fuel on hand at the

315-17   first of each month;

315-18               (2)  all diesel fuel purchased or received, showing the

315-19   name of the seller and the date of each purchase;

315-20               (3)  all diesel fuel deliveries into the fuel supply

315-21   tanks of motor vehicles;

315-22               (4)  diesel fuel used for other purposes, showing the

315-23   purpose for which used; and

315-24               (5)  all diesel fuel lost by fire or other accident.

315-25         (d)  [An aviation fuel dealer shall keep a record showing the

315-26   number of gallons of:]

315-27               [(1)  all diesel fuel inventories on hand at the first

 316-1   of each month;]

 316-2               [(2)  all diesel fuel purchased or received, showing

 316-3   the name of the seller and the date of each purchase or receipt;]

 316-4               [(3)  all diesel fuel sold, distributed, or used in

 316-5   aircraft or aircraft servicing equipment; and]

 316-6               [(4)  diesel fuel lost by fire or other accident.]

 316-7         [(e)  The records of an aviation fuel dealer made under

 316-8   Subsection (d)(3) of this section must show:]

 316-9               [(1)  the name of the purchaser or user of diesel fuel;]

316-10               [(2)  the date of the sale, distribution, or use of the

316-11   diesel fuel; and]

316-12               [(3)  the registration or "N" number of the airplane or

316-13   a description or number of the aircraft servicing equipment in

316-14   which diesel fuel is used.]

316-15         [(f)]  A permitted interstate trucker shall keep a record of:

316-16               (1)  the total miles traveled in all states by all

316-17   vehicles traveling into or from Texas and the total quantity of

316-18   diesel fuel consumed in those vehicles; and

316-19               (2)  the total miles traveled in Texas and the total

316-20   quantity of diesel fuel delivered into the fuel supply tanks of

316-21   motor vehicles in Texas.

316-22         (e) [(g)]  The comptroller may require selective schedules

316-23   from a supplier, dealer, [aviation fuel dealer,] interstate

316-24   trucker, diesel fuel jobber, or common or contract carrier for a

316-25   purchase, sale, or delivery of diesel fuel if the schedules are not

316-26   inconsistent with the requirements of this chapter.

316-27         (f) [(h)]  The records required must be kept for four years

 317-1   and are open to inspection at all times by the comptroller or the

 317-2   attorney general.

 317-3         (g) [(i)]  A diesel fuel jobber shall keep a record showing

 317-4   the number of gallons of:

 317-5               (1)  all diesel fuel inventories on hand at the first

 317-6   of each month;

 317-7               (2)  all diesel fuel purchased or received, showing the

 317-8   name of the seller and date of each purchase or receipt;

 317-9               (3)  all diesel fuel sold, distributed, or used,

317-10   showing the name of the purchaser and the date of the sale or use;

317-11   and

317-12               (4)  all diesel fuel lost by fire or other accident.

317-13         (h)  Each person required to keep a record under this section

317-14   shall for each record relating to the possession, sale, purchase,

317-15   or use of diesel fuel identify whether the diesel fuel was tax-free

317-16   fuel, diesel fuel on which the tax imposed under Section

317-17   153.202(c)  has been paid, or diesel fuel on which the tax imposed

317-18   by Section 153.202(a)  or (b)  has been paid.

317-19         SECTION 8.25.  Sections 153.220(a), (d), and (e), Tax Code,

317-20   are amended to read as follows:

317-21         (a)  A delivery of diesel fuel into the fuel supply tanks of

317-22   a motor vehicle operated for commercial purposes and described by

317-23   Section 153.001(12) shall be evidenced by an invoice issued in

317-24   duplicate by a dealer or an invoice or a distribution log issued by

317-25   an agricultural operator or a bonded limited tax-paid user or other

317-26   user.

317-27         (d)  The invoice or distribution log must contain:

 318-1               (1)  the name and address of the person making the

 318-2   delivery stamped or preprinted on it;

 318-3               (2)  a statement:

 318-4                     (A)  of the amount of the diesel fuel tax

 318-5   separate from the selling price; or

 318-6                     (B)  [a statement] that the diesel fuel tax is

 318-7   included in the selling price and the rate of the tax;

 318-8               (3)  a statement that no diesel fuel tax was collected

 318-9   by the seller if the invoice is to be used by the seller to support

318-10   a refund claim; and

318-11               (4)  spaces for providing the following:

318-12                     (A)  the name of the purchaser;

318-13                     (B)  the date of delivery of the fuel;

318-14                     (C)  the number of gallons delivered;

318-15                     (D)  the odometer or hubmeter reading;

318-16                     (E)  the state highway license or unit number;

318-17                     (F)  the type of vehicle or equipment, such as a

318-18   commercial vessel, motorboat, railway engine, farm machine, highway

318-19   vehicle, off-highway vehicle, or refrigeration unit or stationary

318-20   engine, distinguishing agricultural and other user, into which the

318-21   fuel is delivered; and

318-22                     (G)  the signature of the recipient.

318-23         (e)  If the delivery of [tax-paid] diesel fuel on which the

318-24   tax imposed by Section 153.202(a) or (b) has been paid is made

318-25   through an automated method whereby the purchase is automatically

318-26   applied to the purchaser's account, one invoice may be issued at

318-27   the time of billing covering multiple purchases made during a

 319-1   30-day billing cycle.

 319-2         SECTION 8.26.  Sections 153.221(b) and (c), Tax Code, are

 319-3   amended to read as follows:

 319-4         (b)  On or before the 25th day of the month following the end

 319-5   of each calendar quarter, an agricultural operator, a bonded

 319-6   tax-free user, a bonded limited tax-paid user, or an interstate

 319-7   trucker shall file a report and, if applicable, remit the amount of

 319-8   tax due [except as provided by Subsection (d) of this section].  A

 319-9   report must be executed and filed with the comptroller and contain

319-10   complete and detailed information on diesel fuel transactions

319-11   during the preceding calendar quarter and other information

319-12   required by the comptroller on forms provided for that purpose.  A

319-13   person [bonded user or interstate trucker] required to file a

319-14   report under this section who has not sold, used, or distributed

319-15   any diesel fuel during the reporting period shall file with the

319-16   comptroller the report setting forth the facts or information.  The

319-17   failure of an agricultural operator, a bonded tax-free user, a

319-18   bonded limited tax-paid user, or an interstate trucker to obtain

319-19   forms from the  comptroller is no excuse for the failure to file a

319-20   report containing all the information required to be reported.

319-21         (c)  No report is required to be filed by:

319-22               (1)  [an aviation fuel dealer;]

319-23               [(2)]  a trip permit user;

319-24               (2) [(3)]  a diesel tax prepaid user;

319-25               (3) [(4)]  a person issuing signed statements;

319-26               (4) [(5)]  a common or contract carrier; or

319-27               (5) [(6)]  a diesel fuel jobber.

 320-1         SECTION 8.27.  Sections 153.222(a), (b), and (d), Tax Code,

 320-2   are amended to read as follows:

 320-3         (a)  A dealer or diesel fuel jobber who has paid tax on

 320-4   diesel fuel that has been used or sold for use by the dealer or

 320-5   diesel fuel jobber for powering a commercial vessel or for an

 320-6   agricultural use [any purpose other than propelling a motor vehicle

 320-7   on the public highways of this state] or that has been sold to the

 320-8   United States or a public school district in this state for the

 320-9   exclusive use of the purchaser, or to a commercial transportation

320-10   company for exclusive use in providing public school transportation

320-11   services to a school district under Section 34.008 [21.181],

320-12   Education Code, without adding the amount of the tax to his selling

320-13   price, and a user who has paid tax on any diesel fuel that has been

320-14   used by him for powering a commercial vessel or for an agricultural

320-15   use [a purpose other than propelling a motor vehicle on the public

320-16   highways], is a public school district and has paid the tax on

320-17   diesel fuel purchased for its exclusive use, or is a commercial

320-18   transportation company and has paid the tax on diesel fuel used by

320-19   the company exclusively to provide public school transportation

320-20   services to a school district under Section 34.008 [21.181],

320-21   Education Code, may file a claim for a refund of taxes paid, less

320-22   the deduction allowed vendors and a filing fee.

320-23         (b)  A dealer or diesel fuel jobber who has paid  the tax

320-24   imposed under Section 153.202(a) on  diesel fuel that has been used

320-25   or sold for use by the dealer or diesel fuel jobber for any

320-26   purpose, other than propelling a motor vehicle on the public

320-27   highways of this state or other than powering a commercial vessel

 321-1   or other than for an agricultural use, and a user who has paid the

 321-2   tax imposed by Section 153.202(a)  on any diesel fuel that has been

 321-3   used by him for a purpose, other than propelling a motor vehicle on

 321-4   the public highways and other than powering a commercial vessel or

 321-5   other than for an agricultural use, may file a claim for a refund

 321-6   of taxes paid, less the deduction allowed vendors, a filing fee,

 321-7   and four cents for each gallon or fraction of a gallon sold or

 321-8   used.  A person may file a refund claim under this subsection for a

 321-9   portion of the tax paid on the diesel fuel used in motor vehicles

321-10   that are operated exclusively off the public highways except for

321-11   incidental travel on the public highways as determined by the

321-12   comptroller, but not for that portion used in the incidental

321-13   travel.

321-14         (d)  If the quantity of diesel fuel used in Texas by

321-15   auxiliary power units or power take-off equipment on any motor

321-16   vehicle can be accurately measured while the motor vehicle is

321-17   stationary by any metering or other measuring device or method

321-18   designed to measure the fuel separately from fuel used to propel

321-19   the motor vehicle, the comptroller may approve and adopt the use of

321-20   any device as a basis for determining the quantity of diesel fuel

321-21   consumed in those operations for tax credit or tax refund under

321-22   Subsection (b).  If no separate metering device or other approved

321-23   measuring method is provided, the following credit or refund

321-24   procedures are authorized.  A permitted supplier or bonded limited

321-25   tax-paid user who operates diesel-powered motor vehicles equipped

321-26   with a power take-off or a diesel-powered auxiliary power unit

321-27   mounted on the motor vehicle and using the fuel supply tank of the

 322-1   motor vehicle may be allowed a deduction from the taxable gallons

 322-2   used in this state in each motor vehicle so equipped, subject to

 322-3   the payment of the tax imposed under Section 153.202(c).  The

 322-4   comptroller shall determine the percentage of the  deduction.  A

 322-5   user who is required to pay the tax on diesel fuel used in motor

 322-6   vehicles so equipped may file a claim for a refund not to exceed

 322-7   the percentage allowed by the comptroller of the total taxable fuel

 322-8   used in this state in each motor vehicle so equipped.

 322-9         SECTION 8.28.  Section 153.403, Tax Code, is amended to read

322-10   as follows:

322-11         Sec. 153.403.  CRIMINAL OFFENSES.  Except as provided by

322-12   Section 153.404 [of this code], a person commits an offense if the

322-13   person:

322-14               (1)  refuses to stop and permit the inspection and

322-15   examination of a motor vehicle transporting or using motor fuel on

322-16   the demand of a peace officer or the comptroller;

322-17               (2)  is required to hold a valid trip permit or

322-18   interstate trucker's permit, but operates a motor vehicle in this

322-19   state without a valid trip permit or interstate trucker's permit;

322-20               (3)  operates a liquefied gas-propelled motor vehicle

322-21   that is required to be licensed in Texas, including a motor vehicle

322-22   equipped with dual carburetion, and does not display a current

322-23   liquefied gas tax decal or multistate fuels tax agreement decal;

322-24               (4)  transports gasoline or diesel fuel that is not

322-25   aviation fuel in any cargo tank that has a connection by pipe,

322-26   tube, valve, or otherwise with the fuel injector or carburetor or

322-27   with the fuel supply tank feeding the fuel injector or carburetor

 323-1   of the motor vehicle transporting the product;

 323-2               (5)  sells or delivers gasoline or diesel fuel that is

 323-3   not aviation fuel from a fuel supply tank that is connected with

 323-4   the fuel injector or carburetor of a motor vehicle;

 323-5               (6)  owns or operates a motor vehicle for which reports

 323-6   or mileage records are required by this chapter without an

 323-7   operating odometer or other device in good working condition to

 323-8   record accurately the miles traveled;

 323-9               (7)  as a diesel tax prepaid user fails to prepay the

323-10   tax on every diesel-powered motor vehicle owned or operated by him;

323-11               (8)  makes a tax-free sale or delivery of liquefied gas

323-12   into the fuel supply tank of a motor vehicle that does not display

323-13   a current Texas liquefied gas tax decal;

323-14               (9)  makes a sale or delivery of liquefied gas on which

323-15   the person knows the tax is required to be collected, if at the

323-16   time the sale is made the person does not hold a valid dealer's

323-17   permit;

323-18               (10)  makes a tax-free sale or delivery of liquefied

323-19   gas into the fuel supply tank of a motor vehicle bearing

323-20   out-of-state license plates;

323-21               (11)  makes a delivery of liquefied gas into the fuel

323-22   supply tank of a motor vehicle bearing Texas license plates and no

323-23   Texas liquefied gas tax decal, unless licensed under a multistate

323-24   fuels tax agreement;

323-25               (12)  refuses to permit the comptroller or the attorney

323-26   general to inspect, examine, or audit a book or record required to

323-27   be kept by a distributor, supplier, user, dealer, interstate

 324-1   trucker, [aviation fuel dealer,] jobber, common or contract

 324-2   carrier, or any person required to hold a permit under this

 324-3   chapter;

 324-4               (13)  refuses to permit the comptroller or the attorney

 324-5   general to inspect or examine any plant, equipment, materials, or

 324-6   premises where motor fuel is produced, processed, stored, sold,

 324-7   delivered, or used;

 324-8               (14)  refuses to permit the comptroller or the attorney

 324-9   general to measure or gauge the contents of or take samples from a

324-10   storage tank or container on premises where motor fuel is produced,

324-11   processed, stored, sold, delivered, or used;

324-12               (15)  is a distributor, bonded tax-free user,

324-13   agricultural operator, bonded limited tax-paid user, interstate

324-14   trucker, or supplier and fails or refuses to make or deliver to the

324-15   comptroller a report required by this chapter to be made and

324-16   delivered to the comptroller;

324-17               (16)  conceals motor fuel with the intent of engaging

324-18   in any conduct proscribed by this chapter or refuses to make sales

324-19   of motor fuel on the volume-corrected basis prescribed by this

324-20   chapter;

324-21               (17)  refuses, while transporting motor fuel, to stop

324-22   the motor vehicle he is operating when called on to do so by a

324-23   person authorized to stop the motor vehicle;

324-24               (18)  refuses to surrender a motor vehicle and cargo

324-25   for impoundment after being ordered to do so by a person authorized

324-26   to impound the motor vehicle and cargo;

324-27               (19)  transports motor fuel for which a cargo manifest

 325-1   is required to be carried without possessing or exhibiting on

 325-2   demand by an officer authorized to make the demand a cargo manifest

 325-3   containing the information required to be shown on the manifest;

 325-4               (20)  mutilates, destroys, or secretes a book or record

 325-5   required by this chapter to be kept by a distributor, supplier,

 325-6   user, dealer, interstate trucker, [aviation fuel dealer,] jobber,

 325-7   or person required to hold a permit under this chapter;

 325-8               (21)  is a distributor, supplier, user, dealer,

 325-9   interstate trucker, [aviation fuel dealer,] jobber, or other person

325-10   required to hold a permit under this chapter, or the agent or

325-11   employee of one of those persons and makes a false entry or fails

325-12   to make an entry in the books and records required under this

325-13   chapter to be made by the person;

325-14               (22)  transports in any manner motor fuel under a false

325-15   cargo manifest;

325-16               (23)  engages in a motor fuel transaction that requires

325-17   that the person have a permit under this chapter without then and

325-18   there holding the required permit;

325-19               (24)  makes and delivers to the comptroller a report

325-20   required under this chapter to be made and delivered to the

325-21   comptroller, if the report contains false information;

325-22               (25)  forges, falsifies, or alters an invoice

325-23   prescribed by law;

325-24               (26)  makes any statement, knowing said statement to be

325-25   false, in a claim for a tax refund filed with the comptroller;

325-26               (27)  furnishes to a supplier a signed statement for

325-27   purchasing diesel fuel of a type that may be legally used by the

 326-1   purchaser for the operation of a motor vehicle on the public

 326-2   highway under state or federal law tax free when he owns, operates,

 326-3   or acquires a diesel-powered motor vehicle;

 326-4               (28)  holds  a supplier's permit and:

 326-5                     (A)  sells to a dealer diesel fuel on which the

 326-6   tax imposed under Section 153.202(a) has not been paid; or

 326-7                     (B)  sells diesel fuel on which only the tax

 326-8   imposed by Section 153.202(c)  has been paid to a person other than

 326-9   a bonded limited tax-paid user, a diesel tax prepaid user, or a

326-10   person who has issued a statement under Section 153.2055 [an

326-11   aviation fuel dealer's permit and makes a taxable sale or use of

326-12   any gasoline or diesel fuel];

326-13               (29)  fails to remit any tax funds collected by a

326-14   distributor, supplier, user, dealer, interstate trucker, jobber, or

326-15   any other person required to hold a permit under this chapter;

326-16               (30)  makes a sale of diesel fuel that is not aviation

326-17   fuel tax free into a storage facility of a person who:

326-18                     (A)  is not permitted as a supplier[, as an

326-19   aviation fuel dealer], as a bonded tax-free user, or as an

326-20   agricultural operator [a diesel tax prepaid user of diesel fuel];

326-21   or

326-22                     (B)  does not furnish to the permitted supplier a

326-23   signed statement prescribed in Section 153.205 [of this code];

326-24               (31)  makes a sale of gasoline that is not aviation

326-25   fuel tax free to any person who is not permitted as [either] a

326-26   distributor [or an aviation fuel dealer];

326-27               (32)  is a dealer who purchases any motor fuel tax free

 327-1   when not authorized to make a tax-free purchase under this chapter;

 327-2   or

 327-3               (33)  is a dealer who purchases motor fuel with the

 327-4   intent to evade any tax imposed by this chapter.

 327-5         SECTION 8.29.  Section 153.5025, Tax Code, is amended to read

 327-6   as follows:

 327-7         Sec. 153.5025.  ALLOCATION OF OTHER [UNCLAIMED REFUNDABLE]

 327-8   NONDEDICATED TAXES.  (a)  The comptroller by rule shall devise a

 327-9   method of determining as accurately as possible the:

327-10               (1)  number of gallons of fuel that is not used to

327-11   propel a motor vehicle on the public highways; and

327-12               (2)  amount of taxes collected under this chapter from

327-13   fuel:

327-14                     (A)  that is not used to propel a motor vehicle

327-15   on the public highways;

327-16                     (B)  that would have been refunded under this

327-17   chapter if refund claims had been filed in accordance with this

327-18   chapter or on which the tax imposed by Section 153.102(c) or

327-19   153.202(c) is applicable; and

327-20                     (C)  that is not subject to allocation under

327-21   Section 153.502.

327-22         (b)  The comptroller shall allocate to the general revenue

327-23   fund the amount determined under Subsection (a)(2).

327-24         (c)  The determination and allocation shall be made

327-25   periodically as prescribed by rule.

327-26         SECTION 8.30.  Subtitle E, Title 2, Tax Code, is amended by

327-27   adding Chapter 161 to read as follows:

 328-1                    CHAPTER 161.  AVIATION FUELS TAX

 328-2                    SUBCHAPTER A.  GENERAL PROVISIONS

 328-3         Sec. 161.001.  DEFINITIONS.  In this chapter:

 328-4               (1)  "Aircraft" means any vehicle or contrivance that

 328-5   is used or intended for use for flight in the air.

 328-6               (2)  "Aviation fuel" means a product offered for sale,

 328-7   sold, or used as the propellant fuel in an aircraft engine.  The

 328-8   term includes aviation gasoline (AVGAS) or aviation diesel (JET)

 328-9   fuel.

328-10               (3)  "Aviation fuel dealer" means a person who:

328-11                     (A)  operates an aircraft servicing facility;

328-12                     (B)  delivers aviation fuel exclusively into the

328-13   fuel supply tanks of aircraft; and

328-14                     (C)  does not use, sell, or distribute aviation

328-15   fuel on which a motor fuel tax under Chapter 153 is imposed.

328-16               (4)  "Aviation fuel distributor" means a person who:

328-17                     (A)  refines, manufactures, produces, or blends

328-18   aviation fuel for sale or distribution in this state;

328-19                     (B)  imports or exports aviation fuel other than

328-20   in the fuel supply tank of an aircraft;

328-21                     (C)  sells or delivers aviation fuel to other

328-22   aviation fuel distributors; or

328-23                     (D)  sells or delivers aviation fuel in bulk

328-24   quantities to aviation fuel dealers in this state.

328-25               (5)  "Cargo tank" means an assembly that is used for

328-26   transporting, hauling, or delivering liquids and that consists of a

328-27   tank having one or more compartments, mounted on a wagon,

 329-1   automobile, truck, trailer, or wheels, and includes accessory

 329-2   piping, valves, and meters, but does not include a fuel supply tank

 329-3   connected to the carburetor or fuel injector of a motor vehicle.

 329-4               (6)  "Motor vehicle" means a self-propelled vehicle

 329-5   licensed or required to be licensed for use on a public highway or

 329-6   used on a public highway.

 329-7               (7)  "Public highway" means a way or place of whatever

 329-8   nature open to the use of the public as a matter of right for the

 329-9   purpose of vehicular travel, even if the way or place is

329-10   temporarily closed for the purpose of construction, maintenance, or

329-11   repair.

329-12               (8)  "Sale" means a transfer of title, exchange, or

329-13   barter of aviation fuel, but does not include transfer of

329-14   possession of aviation fuel on consignment.

329-15         Sec. 161.002.  CARGO CARRIER RECORDS.  (a)  All common and

329-16   contract carriers operating in this state shall keep for four

329-17   years, open to inspection by the comptroller, a complete record of

329-18   each intrastate and interstate transportation of aviation fuel.

329-19         (b)  The record must show:

329-20               (1)  the date of transportation;

329-21               (2)  the name of the consignor and consignee;

329-22               (3)  the means of transportation; and

329-23               (4)  the quantity and the kind of aviation fuel

329-24   transported.

329-25         (c)  The records must also include:

329-26               (1)  full data concerning the diversion of shipments

329-27   and the number of gallons diverted from interstate to intrastate

 330-1   commerce and from intrastate to interstate commerce; and

 330-2               (2)  the points of origin and destination, the number

 330-3   of gallons shipped or transported, the date, the consignee and the

 330-4   consignor, and the kind of aviation fuel that has been diverted.

 330-5         Sec. 161.003.  AVIATION FUEL TRANSPORTING DOCUMENT.  (a)

 330-6   Except as provided by Subsection (c), a person who transports

 330-7   aviation fuel on the public highways, regardless of whether a tax

 330-8   is due on the fuel under this chapter, shall record the shipment of

 330-9   the cargo on a cargo manifest containing any information required

330-10   by the comptroller.

330-11         (b)  The cargo manifest shall be carried with the aviation

330-12   fuel until the fuel is resold or removed from the cargo tank.

330-13         (c)  This section does not apply to a pipeline operating as a

330-14   common carrier or to aviation fuel carried in the fuel supply tanks

330-15   of an aircraft.

330-16         (d)  Each person, other than a common carrier, transporting

330-17   aviation fuel under this chapter shall also carry a copy of the

330-18   aviation fuel distributor permit or proof of tax payment on the

330-19   fuel being transported.

330-20         Sec. 161.004.  CANCELLATION OF PERMITS.  (a)  The comptroller

330-21   may cancel or refuse to issue or reissue an aviation fuel

330-22   distributor permit to any person who violates or fails to comply

330-23   with this chapter or a rule of the comptroller for the

330-24   administration of this chapter.

330-25         (b)  Before a permit may be canceled or the issuance or

330-26   reissuance of a permit refused, the comptroller shall give the

330-27   permittee or permit applicant a hearing, at the office of the

 331-1   comptroller in Austin or at another specified comptroller's office,

 331-2   granting the permit holder or applicant an opportunity to show

 331-3   cause why the proposed action should not be taken.  If a permit is

 331-4   in effect, the permit remains in force pending the determination of

 331-5   the hearing.  The comptroller shall deliver to the permit holder or

 331-6   applicant a written notice of the hearing not later than the 10th

 331-7   day before the date of the hearing.  The notice may be delivered

 331-8   directly by the comptroller or by registered or certified mail

 331-9   addressed to the last known address of the permit holder or

331-10   applicant.  Notice by mail is considered delivered when the notice

331-11   is deposited in the United States mail.

331-12         (c)  The comptroller may prescribe rules of procedure and

331-13   evidence for hearings in accordance with Chapter 2001, Government

331-14   Code.

331-15         Sec. 161.005.  SUMMARY SUSPENSION OF PERMIT.  (a)  The

331-16   comptroller may suspend a person's permit without notice or a

331-17   hearing for the person's failure to comply with this chapter or a

331-18   rule adopted under this chapter if the person's continued operation

331-19   constitutes an immediate and substantial threat to the collection

331-20   of taxes imposed by this chapter and attributable to the person's

331-21   operation.

331-22         (b)  If the comptroller summarily suspends a person's permit,

331-23   proceedings for a preliminary hearing before the comptroller or the

331-24   comptroller's representative must be initiated simultaneously with

331-25   the summary suspension.  The preliminary hearing shall be set for a

331-26   date not later than 10 days after the date of the summary

331-27   suspension, unless the parties agree to a later date.

 332-1         (c)  At the preliminary hearing, the permit holder must show

 332-2   cause why the permit should not remain suspended pending a final

 332-3   hearing on suspension or revocation.

 332-4         (d)  Chapter 2001, Government Code, does not apply to a

 332-5   summary suspension under this section.

 332-6         (e)  To initiate a proceeding to suspend summarily a person's

 332-7   permit, the comptroller shall serve notice on the permit holder

 332-8   informing the permit holder of the right to a preliminary hearing

 332-9   before the comptroller or the comptroller's representative and of

332-10   the time and place of the preliminary hearing.  The notice must be

332-11   personally served on the permit holder or an officer, employee, or

332-12   agent of the permit holder, or sent by certified or registered

332-13   mail, return receipt requested, to the permit holder's mailing

332-14   address as it appears on the comptroller's records.  The notice

332-15   must state the alleged violations that constitute the grounds for

332-16   summary suspension.  The suspension is effective at the time the

332-17   notice is served.  If the notice is served in person, the permit

332-18   holder shall immediately surrender the permit to the comptroller or

332-19   to the comptroller's representative.  If notice is served by mail,

332-20   the permit holder shall immediately return the permit to the

332-21   comptroller.

332-22         (f)  Section 161.004, governing hearings for permit

332-23   cancellation or refusal to issue a permit under this chapter,

332-24   governs a final administrative hearing under this section.

332-25         Sec. 161.006.  ENFORCEMENT OF PERMIT CANCELLATION,

332-26   SUSPENSION, OR REFUSAL.  (a)  The comptroller may examine any books

332-27   and records incident to the conduct of the business of a person

 333-1   whose permit has been canceled or suspended on the person's failure

 333-2   to file the reports required by this chapter or to remit all taxes

 333-3   due.  The comptroller shall issue an audit deficiency determination

 333-4   of the amount of delinquent taxes, penalties, and interest,

 333-5   containing a demand for payment.  The deficiency determination

 333-6   shall provide that if neither a payment is made nor a request for a

 333-7   redetermination is filed within 30 days after the date of the

 333-8   notice of the deficiency, the amount of the determination becomes

 333-9   due and payable.  If the amount is not paid on or before the 44th

333-10   day after service of the notice of the deficiency determination,

333-11   the bond or other security required under this chapter shall be

333-12   forfeited.  The demand for payment shall be addressed to both the

333-13   surety or sureties and the person who owes the delinquency.

333-14         (b)  If the forfeiture of the bond or other security does not

333-15   satisfy the delinquency, the comptroller shall certify the taxes,

333-16   penalty, and interest delinquent to the attorney general, who may

333-17   file suit against the person or the person's surety or both to

333-18   collect the amount due.  After a person has been given notice of an

333-19   order of cancellation or summary suspension, it shall be unlawful

333-20   for the person to continue to operate the person's business under a

333-21   canceled or suspended permit.  The attorney general may file suit

333-22   to enjoin the person from continuing to operate under the person's

333-23   permit until the permit is reissued by the comptroller.

333-24         (c)  An appeal from an order of the comptroller canceling or

333-25   suspending or refusing the issuance or reissuance of a permit may

333-26   be taken to a district court of Travis County by the aggrieved

333-27   permittee or applicant.  The trial shall be de novo under the same

 334-1   rules as ordinary civil suits, except that:

 334-2               (1)  an appeal must be perfected and filed within 30

 334-3   days after the effective date of the order, decision, or ruling of

 334-4   the comptroller;

 334-5               (2)  the trial of the case shall begin within 10 days

 334-6   after its filing; and

 334-7               (3)  the order, decision, or ruling of the comptroller

 334-8   may be suspended or modified by the court pending a trial on the

 334-9   merits.

334-10         Sec. 161.007.  Inspection of Premises and Records.  For the

334-11   purpose of determining the amount of tax collected and payable to

334-12   the state, the amount of tax accruing and due, and whether a tax

334-13   liability has been incurred under this chapter, the comptroller

334-14   may:

334-15               (1)  inspect any premises where motor vehicle fuel,

334-16   aviation fuel, crude petroleum, natural gas, or any derivatives or

334-17   condensates of crude petroleum, natural gas, or their products,

334-18   methyl alcohol, ethyl alcohol, or other blending agents are

334-19   produced, made, prepared, stored, transported, sold, or offered for

334-20   sale or exchange;

334-21               (2)  examine all the books and records required to be

334-22   kept by, and any and all records incident to the business of, any

334-23   aviation fuel distributor, any aviation fuel dealer, or any person

334-24   receiving or possessing, delivering, or selling motor vehicle fuel,

334-25   aviation fuel, crude oil, or derivatives or condensates of crude

334-26   petroleum, natural gas, or their products, or any blending agents;

334-27               (3)  examine and either gauge or measure the contents

 335-1   of all storage tanks, containers, and other property or equipment;

 335-2   and

 335-3               (4)  take samples of any of these products stored on

 335-4   the premises.

 335-5         Sec. 161.008.  Authority to Stop and Examine.  To enforce

 335-6   this chapter, the comptroller, a law enforcement officer of the

 335-7   Department of Public Safety, or any other peace officer may stop a

 335-8   motor vehicle that appears to be transporting aviation fuel in

 335-9   order to examine the cargo manifest required to be carried, examine

335-10   a permit or copy of a permit that may be required to be carried,

335-11   take samples from the fuel supply or cargo tanks, or make any other

335-12   investigation that could reasonably be made to determine whether

335-13   the required taxes have been paid or accounted for by a dealer or

335-14   any person required to be permitted under this chapter.

335-15         Sec. 161.009.  IMPOUNDMENT AND SEIZURE.  (a)  If after

335-16   examination or other investigation the comptroller or a peace

335-17   officer has reasonable cause to believe that the owner or operator

335-18   of any motor vehicle or cargo tanks, or any person receiving or

335-19   possessing, delivering, or selling aviation fuel, has not paid all

335-20   aviation fuel taxes due or does not have a valid permit entitling

335-21   that person to possess or transport tax-free aviation fuel, the

335-22   comptroller or peace officer may impound the fuel, vehicle, cargo

335-23   tanks, storage tanks, equipment, paraphernalia, or other tangible

335-24   personal property used for or incident to the storage, sale, or

335-25   transportation of that aviation fuel.  The comptroller may demand

335-26   payment of all taxes, penalties, interest due to this state, and

335-27   costs of impoundment unless proof is produced within three working

 336-1   days after the beginning of impoundment that:

 336-2               (1)  the owner, operator, or other person has paid the

 336-3   taxes established by the comptroller to be due on the aviation fuel

 336-4   stored, sold, used, or transported and any other taxes due to this

 336-5   state; or

 336-6               (2)  the owner, operator, or other person holds a valid

 336-7   permit to possess or transport tax-free aviation fuel.

 336-8         (b)  If the owner or operator does not produce the required

 336-9   documentation or required permit or does not pay the taxes,

336-10   penalties, interest, and costs due within three working days after

336-11   the beginning of the impoundment, the comptroller may seize the

336-12   impounded property to satisfy the tax liability.

336-13         (c)  The comptroller may seize:

336-14               (1)  all aviation fuel on which taxes are imposed by

336-15   this chapter that is found in the possession, custody, or control

336-16   of any person for the purpose of being sold, transported, removed,

336-17   or used by the person in violation of this chapter;

336-18               (2)  all aviation fuel that is removed or is deposited,

336-19   stored, or concealed in any place with the intent to avoid payment

336-20   of taxes;

336-21               (3)  any automobile, truck, tank truck, boat, trailer

336-22   conveyance, or other vehicle used in the removal or transportation

336-23   of the aviation fuel to avoid payment of taxes; and

336-24               (4)  all equipment, paraphernalia, storage tanks, or

336-25   tangible personal property incident to and used for avoiding the

336-26   payment of taxes and found in the place, building, or vehicle where

336-27   the aviation fuel is found.

 337-1         Sec. 161.010.  SALE OF SEIZED PROPERTY.  (a)  The comptroller

 337-2   may sell property seized under Section 161.009.

 337-3         (b)  Notice of the time and place of a sale shall be given to

 337-4   the delinquent person in writing by certified mail at least 20 days

 337-5   before the date set for the sale.  The notice shall be enclosed in

 337-6   an envelope addressed to the person at the person's last known

 337-7   address or place of business and be deposited in the United States

 337-8   mail, postage prepaid.  The notice shall also be published once a

 337-9   week for two consecutive weeks before the date set for the sale in

337-10   a newspaper of general circulation published in the county in which

337-11   the property seized is to be sold.  If there is no newspaper of

337-12   general circulation in the county, notice shall be posted in three

337-13   public places in the county 14 days before the date set for the

337-14   sale.  The notice must contain a description of the property to be

337-15   sold, a statement of the amount due, including interest, penalties,

337-16   and costs, the name of the delinquent, and the further statement

337-17   that unless the amount due, interest, penalties, and costs are paid

337-18   on or before the time fixed in the notice for the sale, the

337-19   property, or as much of it as may be necessary, will be sold at

337-20   public auction in accordance with the law and the notice.

337-21         (c)  At the sale, the comptroller shall sell the property and

337-22   shall deliver to the purchaser a bill of sale for personal property

337-23   and a deed for real property sold.  The bill of sale or deed vests

337-24   the interest or title of the person liable for the amount in the

337-25   purchaser.  The unsold portion of any property seized may be left

337-26   at the place of sale at the risk of the person liable for the

337-27   amount.

 338-1         (d)  The proceeds of a sale shall be allocated according to

 338-2   the following priorities:

 338-3               (1)  the payment of expenses of seizure, appraisal,

 338-4   custody, advertising, and auction and any other expenses incident

 338-5   to the seizure and sale;

 338-6               (2)  the payment of the tax, penalty, and interest; and

 338-7               (3)  the repayment of the remaining balance to the

 338-8   person liable for the amount unless a claim is presented before the

 338-9   sale by any other person who has an ownership interest evidenced by

338-10   a financing statement or lien, in which case the comptroller shall

338-11   withhold the remaining balance pending a determination of the

338-12   rights of the respective parties.

338-13         Sec. 161.011.  PRESUMPTIONS.  An aviation fuel distributor

338-14   who fails to keep the records, issue the invoices, or file the

338-15   reports required by this chapter is presumed to have sold or used

338-16   for taxable purposes all aviation fuel shown by an audit by the

338-17   comptroller to have been sold to the distributor.  Any aviation

338-18   fuel unaccounted for is presumed to have been sold or used for

338-19   taxable purposes.  The comptroller may establish the amount of

338-20   taxes, penalties, and interest due from the records of deliveries

338-21   or from any records or information available to the comptroller.

338-22   If a tax claim developed through this procedure is not paid, after

338-23   the opportunity to request a redetermination the claim and any

338-24   audit made by the comptroller or any report filed by the

338-25   distributor are admissible in any suit or judicial proceedings

338-26   filed by the attorney general and are prima facie evidence of the

338-27   correctness of the claim or audit.

 339-1         Sec. 161.012.  ADDITIONAL TAX APPLIES TO AVIATION FUEL DEALER

 339-2   INVENTORIES.  (a)  On the effective date of an increase in the

 339-3   rates of the taxes imposed by this chapter, a dealer that possesses

 339-4   for the purpose of sale 2,000 or more gallons of aviation fuel at

 339-5   each business location on which the taxes imposed by this chapter

 339-6   at a previous rate have been paid shall report to the comptroller

 339-7   the volume of that aviation fuel and, at the time of the report,

 339-8   shall pay a tax on that aviation fuel at a rate equal to the rate

 339-9   of the tax increase.

339-10         (b)  On the effective date of a reduction of the rates of

339-11   taxes imposed by this chapter, an aviation fuel dealer that

339-12   possesses for the purpose of sale 2,000 or more gallons of aviation

339-13   fuel at each business location on which the taxes imposed by this

339-14   chapter at the previous rate have been paid becomes entitled to a

339-15   refund in an amount equal to the difference in the amount of taxes

339-16   paid on that aviation fuel at the previous rate and at the rate in

339-17   effect on the effective date of the reduction in the tax rates.

339-18   The rules of the comptroller shall provide for the method of

339-19   claiming a refund under this chapter and may require that the

339-20   refund be paid through the aviation fuel distributor from whom the

339-21   dealer received the aviation fuel.

339-22            (Sections 161.013-161.050 reserved for expansion

339-23             SUBCHAPTER B.  IMPOSITION AND COLLECTION OF TAX

339-24         Sec. 161.051.  TAX IMPOSED; RATE.  (a)  A tax is imposed on

339-25   the sale or delivery of aviation fuel in this state.

339-26         (b)  The aviation fuel tax rate is four cents for each gallon

339-27   or fractional part delivered to an aviation fuel dealer or other

 340-1   person.

 340-2         Sec. 161.052.  COMPUTATION OF TAX.  (a)  The amount of the

 340-3   tax shall be computed and paid to the state on the

 340-4   temperature-adjusted volume of gallons of taxable aviation fuel

 340-5   sold to an aviation fuel dealer or other person purchasing aviation

 340-6   fuel for the person's own use or for resale if the sale is made in

 340-7   a single delivery of 5,000 gallons or more or in a lesser quantity

 340-8   if required by municipal ordinance.  The comptroller may publish

 340-9   and distribute a table to be used for converting the measurement of

340-10   gross gallons of aviation fuel to temperature-adjusted gallons.

340-11         (b)  The amount of the tax shall be computed and paid to the

340-12   state on the gross or volumetric gallons of taxable aviation fuel

340-13   sold if the sale is made in a single delivery of less than 5,000

340-14   gallons or in a quantity less than the maximum prescribed by an

340-15   applicable municipal ordinance if the maximum is less than 5,000

340-16   gallons.

340-17         (c)  For a permitted aviation fuel distributor whose aviation

340-18   fuel deliveries are made to retail outlets operated by the

340-19   distributor or made by the distributor on consignment, the tax on

340-20   sales to users and consumers shall be computed on the basis of

340-21   actual sales.

340-22         (d)  If the comptroller is not satisfied with a tax return or

340-23   the amount of tax required to be paid to the state by any aviation

340-24   fuel distributor who elects to report on the basis of actual sales,

340-25   the comptroller may compute and determine the amount to be paid on

340-26   the basis of the beginning inventory, showing the total gallons of

340-27   aviation fuel in storage at the location on the first day of the

 341-1   calendar month, plus the total gallons of aviation fuel delivered

 341-2   into the storage facility during the month, less the total gallons

 341-3   of aviation fuel in the storage facility at the end of the calendar

 341-4   month.

 341-5         Sec. 161.053.  EXCEPTIONS.  The tax imposed by Section

 341-6   161.051 does not apply to aviation fuel:

 341-7               (1)  delivered as cargo by a permitted aviation fuel

 341-8   distributor to a common or contract carrier, an oceangoing vessel,

 341-9   including a ship, tanker, or boat, or a barge for export from this

341-10   state if the aviation fuel is moved immediately outside this state;

341-11               (2)  sold by a permitted aviation fuel distributor to

341-12   the federal government for its exclusive use;

341-13               (3)  sold or delivered by a permitted aviation fuel

341-14   distributor to another permitted aviation fuel distributor; or

341-15               (4)  sold or delivered by a permitted aviation fuel

341-16   distributor into the fuel supply tanks of aircraft used for aerial

341-17   application of agricultural chemicals to crops or land used for

341-18   growing crops.

341-19         Sec. 161.054.  COLLECTION OF TAX.  (a)  A permitted aviation

341-20   fuel distributor who uses or makes a sale of aviation fuel in this

341-21   state for any purpose other than those exceptions listed in Section

341-22   161.053 at the time of use or sale is liable to the state for the

341-23   tax imposed by this chapter and shall report and pay the tax in the

341-24   manner provided by this chapter.

341-25         (b)  Aviation fuels are considered to be used when withdrawn

341-26   from storage for delivery into a fuel supply tank.

341-27         (c)  An aviation fuel distributor shall pay the tax at the

 342-1   rate imposed on each gallon of aviation fuel delivered to an

 342-2   aviation fuel dealer or used in an aircraft by the distributor.

 342-3         (d)  The tax on one percent of the taxable gallons of

 342-4   aviation fuel sold or distributed in this state shall be allocated

 342-5   to the permitted aviation fuel distributor making the first taxable

 342-6   sale or use of aviation fuel in this state.  That allocation may be

 342-7   deducted by the aviation fuel distributor in the payment to the

 342-8   state of the taxes imposed for the expense of collecting,

 342-9   accounting for, reporting, and remitting the tax collected and for

342-10   keeping records.

342-11         Sec. 161.055.  PERMITS.  A person acting as an aviation fuel

342-12   distributor must obtain from the comptroller an aviation fuel

342-13   distributor permit.

342-14         Sec. 161.056.  PERMIT APPLICATION FORMS.  The comptroller

342-15   shall promulgate the application form for a permit, which must

342-16   contain the following information:

342-17               (1)  the name under which the applicant transacts or

342-18   intends to transact business;

342-19               (2)  the principal office, residence, or place of

342-20   business in this state of the applicant;

342-21               (3)  if the applicant is not an individual, the names

342-22   of the principal officers of an applicant corporation or the names

342-23   of each partner in an applicant partnership and the office, street,

342-24   or post office address of each officer or partner; and

342-25               (4)  other information required by the comptroller.

342-26         Sec. 161.057.  PERMITS:  PERIOD OF VALIDITY.   A permit is

342-27   valid so long as the permit holder has in force and effect the

 343-1   required bond or security and furnishes timely reports as required

 343-2   or until the permit is surrendered by the holder or canceled by the

 343-3   comptroller.

 343-4         Sec. 161.058.  DISPLAY OF PERMIT.   A permit must be posted

 343-5   in a conspicuous place or kept available for inspection at the

 343-6   principal place of business of the permit holder.  A copy of the

 343-7   permit must be kept at each place of business or other place of

 343-8   storage from which aviation fuel is sold, distributed, or used by

 343-9   the permit holder and in each motor vehicle used by the permit

343-10   holder to transport on the public highways aviation fuel purchased

343-11   by the permit holder for resale, distribution, or use.

343-12         Sec. 161.059.  LIST OF PERMIT HOLDERS.   The comptroller, on

343-13   or before December 20 of each year, shall prepare and deliver to

343-14   each aviation fuel distributor a printed alphabetical list of

343-15   permitted aviation fuel distributors who are qualified to purchase

343-16   aviation fuel tax free during the following calendar year.  A

343-17   supplemental list of additions and deletions shall be delivered to

343-18   each aviation fuel distributor each succeeding month.

343-19         Sec. 161.060.  BONDS AND OTHER SECURITY FOR TAXES.   (a)  The

343-20   comptroller shall determine the amount of security required of an

343-21   aviation fuel distributor taking into consideration the amount of

343-22   tax that has or is expected to become due from the person, any

343-23   history of the person as a permit holder under Chapter 153, and the

343-24   necessity to protect the state against the failure to pay the tax

343-25   as it becomes due.

343-26         (b)  If it is determined that the posting of security is

343-27   necessary to protect the state, the comptroller may require an

 344-1   aviation fuel distributor to post a bond.  An aviation fuel

 344-2   distributor shall post a bond equal to twice the maximum amount of

 344-3   tax that could accrue on tax-free aviation fuel purchased or

 344-4   acquired during a reporting period.  The minimum bond is $30,000.

 344-5   The maximum bond is $600,000 unless the comptroller believes there

 344-6   is undue risk of loss of tax revenues, in which event the

 344-7   comptroller may require one or more bonds or securities in a total

 344-8   amount exceeding $600,000.

 344-9         (c)  An aviation fuel distributor who has filed a bond or

344-10   other security under this subchapter is exempted from the bond or

344-11   other security requirements of this subchapter and is entitled, on

344-12   request, to have the comptroller return, refund, or release the

344-13   bond or security if in the judgment of the comptroller the person

344-14   has for four consecutive years continuously complied with the

344-15   conditions of the bond or other security filed under this

344-16   subchapter.  However, if the comptroller determines that the

344-17   revenues of the state would be jeopardized by the return, refund,

344-18   or release of the bond or security, the comptroller may elect not

344-19   to return, refund, or release the bond or security and may reimpose

344-20   a requirement of a bond or other security the comptroller

344-21   determines necessary to protect the revenues of the state.

344-22         (d)  A bond must be a continuing instrument, must constitute

344-23   a new and separate obligation in the penal sum named in the bond

344-24   for each calendar year or portion of a year while the bond is in

344-25   force, and must remain in effect until the surety on the bond is

344-26   released and discharged.

344-27         (e)  In lieu of filing a surety bond, an applicant for a

 345-1   permit may substitute the following security:

 345-2               (1)  cash in the form of United States currency in an

 345-3   amount equal to the required bond to be deposited in the suspense

 345-4   account of the state treasury;

 345-5               (2)  an assignment to the comptroller of a certificate

 345-6   of deposit in any bank or savings and loan association in this

 345-7   state that is a member of the Federal Deposit Insurance Corporation

 345-8   in an amount at least equal to the bond amount required; or

 345-9               (3)  an irrevocable letter of credit to the comptroller

345-10   from any bank or savings and loan association in this state that is

345-11   a member of the Federal Deposit Insurance Corporation in an amount

345-12   of credit at least equal to the bond amount required.

345-13         (f)  If the amount of an existing bond becomes insufficient

345-14   or a security becomes unsatisfactory or unacceptable, the

345-15   comptroller may require the filing of a new or additional bond or

345-16   security.

345-17         (g)  A surety bond or other form of security may not be

345-18   released until it is determined by examination or audit that no

345-19   tax, penalty, or interest liability exists.  The cash or securities

345-20   shall be released within 60 days after the comptroller determines

345-21   that no liability exists.

345-22         (h)  The comptroller may use the cash or certificate of

345-23   deposit security to satisfy a final determination of delinquent

345-24   liability or a judgment secured in any action by this state to

345-25   recover aviation fuel taxes, costs, penalties, and interest found

345-26   to be due this state by a person in whose behalf the cash or

345-27   certificate security was deposited.

 346-1         (i)  A surety on a bond furnished by a permittee shall be

 346-2   released and discharged from liability to the state accruing on the

 346-3   bond after the expiration of 30 days after the date on which the

 346-4   surety files with the comptroller a written request to be released

 346-5   and discharged.  The request does not relieve, release, or

 346-6   discharge the surety from a liability already accrued or that

 346-7   accrues before the expiration of the 30-day period.  The

 346-8   comptroller, promptly on receipt of the request, shall notify the

 346-9   permittee who furnished the bond, and unless the permittee, before

346-10   the expiration date of the existing security, files with the

346-11   comptroller a new bond with a surety company duly authorized to do

346-12   business under the laws of the state, or other authorized security,

346-13   in the amount required in this section, the comptroller shall

346-14   cancel the permit in the manner provided by this chapter.

346-15         (j)  The comptroller shall notify immediately the issuer of a

346-16   letter of credit of a final determination of the distributor's

346-17   delinquent liability or a judgment secured in any action by this

346-18   state to recover aviation fuel taxes, costs, penalties, and

346-19   interest found to be due this state by a distributor in whose

346-20   behalf the letter of credit was issued.  The letter of credit

346-21   allowed as security for the remittance of taxes under this

346-22   subchapter shall contain a statement that the issuer agrees to

346-23   respond to the comptroller's notice of liability with amounts to

346-24   satisfy the comptroller's delinquency claim against the

346-25   distributor.

346-26         (k)  A permit holder may request an examination or audit to

346-27   obtain release of the security when the permit holder relinquishes

 347-1   the permit or when the permit holder desires to substitute one form

 347-2   of security for an existing one.

 347-3         Sec. 161.061.  RECORDS.   (a)  A permitted aviation fuel

 347-4   distributor shall keep a complete and separate record of the number

 347-5   of gallons of aviation gasoline and the number of gallons of

 347-6   aviation diesel fuel:

 347-7               (1)  on hand as inventory at the first of each month;

 347-8               (2)  refined, compounded, or blended during the month;

 347-9               (3)  purchased or received during the month, showing

347-10   the name of the seller and the date of each purchase or receipt,

347-11   with the amount of tax separately stated;

347-12               (4)  sold, distributed, or used during the month,

347-13   showing the name of the purchaser and the date of sale,

347-14   distribution, or use and the registration or "N" number or a

347-15   description of the aircraft in which the aviation fuel is

347-16   delivered; and

347-17               (5)  lost during the month by fire or other accident.

347-18         (b)  An aviation fuel dealer shall keep a complete and

347-19   separate record of the number of gallons of aviation gasoline and

347-20   the number of gallons of aviation diesel fuel:

347-21               (1)  on hand as inventory at the first of each month;

347-22               (2)  purchased or received during the month, showing

347-23   the name of the seller and the date of each purchase or receipt;

347-24               (3)  sold, distributed, or used during the month,

347-25   showing the name of the purchaser and the date of sale,

347-26   distribution, or use and the registration or "N" number or a

347-27   description of the aircraft in which the aviation fuel is

 348-1   delivered; and

 348-2               (4)  lost during the month by fire or other accident.

 348-3         Sec. 161.062.  REPORTS AND PAYMENTS.   (a)  On or before the

 348-4   25th day of each month, an aviation fuel distributor shall file a

 348-5   report of aviation fuel transactions and remit the amount of tax

 348-6   required to be collected during the preceding month.  The report

 348-7   must be filed on a form provided by the comptroller and contain the

 348-8   information required by the comptroller, including complete and

 348-9   detailed information of aviation fuel transactions during the

348-10   preceding month.  A permitted aviation fuel distributor who has not

348-11   sold, used, or distributed any aviation fuel during a reporting

348-12   period shall nevertheless file a report for that period with the

348-13   comptroller.  The failure of an aviation fuel distributor to obtain

348-14   forms from the comptroller is not an acceptable excuse for the

348-15   failure to file a report.  The report must be executed by the

348-16   aviation fuel distributor or the aviation fuel distributor's

348-17   representative.

348-18         (b)  The comptroller may require selective schedules from an

348-19   aviation fuel distributor or common or contract cargo carrier for a

348-20   purchase, sale, delivery, or transportation of aviation fuel if the

348-21   schedules are not inconsistent with the requirements of this

348-22   chapter.  The records required must be kept for four years and are

348-23   open to inspection at all times by the comptroller, the attorney

348-24   general, or their authorized representatives.

348-25         Sec. 161.063.  TAX ON INITIAL INVENTORY.   (a)  A tax is

348-26   imposed on aviation fuel held by an aviation fuel dealer on January

348-27   1, 1998, other than for the excepted uses under Section 161.053.

 349-1   The rate of the tax is four cents for each volumetric gallon or

 349-2   fractional part of a gallon of aviation fuel held on that date.

 349-3         (b)  Each aviation fuel dealer shall gauge or meter each

 349-4   storage tank containing aviation fuel at the end of December 31,

 349-5   1997.  Each aviation fuel dealer shall report the volume of

 349-6   aviation fuel so measured and remit the taxes imposed by this

 349-7   section not later than February 21, 1998, on forms and according to

 349-8   procedures adopted by the comptroller for that purpose.

 349-9         (c)  This section expires January 1, 1999.

349-10            (Sections 161.064-161.100 reserved for expansion

349-11                         SUBCHAPTER C.  REFUNDS

349-12         Sec. 161.101.  REFUNDS ON TAXES PAID.  (a)  A person who

349-13   qualifies for a tax refund under Subsection (b) or (c) and who

349-14   fully complies with the invoice and filing provisions of this

349-15   chapter and the rules of the comptroller is entitled to

349-16   reimbursement of the tax paid by the person, less a filing fee and

349-17   any amount allowed permitted aviation fuel distributors.

349-18         (b)  A person who exports as cargo or loses by fire or other

349-19   accident 100 gallons or more of aviation fuel on which the tax has

349-20   been paid, sells aviation fuel on which the tax has been paid in

349-21   any quantity to the United States government for the exclusive use

349-22   of the government, or uses aviation fuel for the purpose of

349-23   operating an aircraft for aerial application of agricultural

349-24   chemicals to crops or land used for growing crops may file a claim

349-25   for a refund on the net tax paid to the state in the manner

349-26   provided by this subchapter or as the comptroller may direct.

349-27         (c)  The right to receive a refund under this section is not

 350-1   assignable, except that a person residing or maintaining a place of

 350-2   business outside the state who purchases 100 gallons or more of

 350-3   aviation fuel and immediately exports as cargo the entire quantity

 350-4   may assign the person's right to claim a refund to the permitted

 350-5   distributor from whom the aviation fuel was purchased or to any

 350-6   permitted aviation fuel distributor who has paid the tax on the

 350-7   aviation fuel either directly or through another permitted dealer

 350-8   in this state.  If a distributor has secured an assignment and the

 350-9   proof of export as cargo required by the comptroller, the

350-10   distributor may credit the tax paid on any monthly report filed

350-11   with the comptroller before the expiration of one year after the

350-12   first day of the month following the date of delivery to the

350-13   exporter of the aviation fuel.

350-14         (d)  An aviation fuel dealer or user who establishes proof

350-15   satisfactory to the comptroller of delivery into aircraft of motor

350-16   vehicle fuel on which the state motor fuel tax has been paid may

350-17   request a refund of the amount by which the motor fuel tax paid

350-18   exceeds the amount of the tax imposed by this chapter on the fuel.

350-19         Sec. 161.102.  CREDITS FOR BAD DEBTS.   (a)  A permitted

350-20   aviation fuel distributor may take a credit on the monthly report

350-21   to be filed with the comptroller if:

350-22               (1)  the distributor has paid the taxes imposed by this

350-23   chapter on aviation fuel sold on account;

350-24               (2)  the distributor determines that the account is

350-25   uncollectible and worthless; and

350-26               (3)  the account is written off as a bad debt on the

350-27   accounting books of the distributor.

 351-1         (b)  The amount of the credit that may be taken under

 351-2   Subsection (a) may equal but may not exceed the amount of taxes

 351-3   paid on the aviation fuel to which the written-off account applies.

 351-4         (c)  If, after a credit is taken under Subsection (a), the

 351-5   account on which the credit was based is paid, or if the

 351-6   comptroller otherwise determines that the credit was not authorized

 351-7   by Subsection (a), the unpaid taxes shall be paid by the

 351-8   distributor taking the credit, plus a penalty of 10 percent of the

 351-9   amount of the unpaid taxes and interest at the rate provided by

351-10   Section 111.060 beginning on the day that the credit was taken.

351-11         (d)  This section does not apply to a sale of aviation fuel

351-12   that is delivered into the fuel supply tank of an aircraft for

351-13   which payment is made through the use and acceptance of a credit

351-14   card.

351-15         Sec. 161.103.  REFUND PROCEDURE.   A refund claim must be

351-16   filed with the comptroller on a form provided by the comptroller

351-17   and must show the date of filing, the period covered in the claim,

351-18   the number of gallons of aviation fuel subject to refund, and other

351-19   information required by the comptroller.  A claim must be supported

351-20   by one or more original invoices issued to the claimant or such

351-21   other information as the comptroller considers necessary.

351-22         Sec. 161.104.  LIMITATIONS ON REFUNDS.   (a)  A refund claim

351-23   must be filed with the comptroller within one year after the first

351-24   day of the calendar month following the purchase, export, or loss

351-25   by fire, theft, or other accident of the aviation fuel on which the

351-26   claim is based.

351-27         (b)  If on the audit of  an aviation fuel distributor the

 352-1   comptroller determines that a tax-free sale was made to an

 352-2   unauthorized purchaser and the unauthorized purchaser could have

 352-3   filed for a refund if tax had been paid at the time of sale, the

 352-4   unauthorized purchaser may file a refund claim within one year

 352-5   after the date of final assessment.

 352-6         (c)  A person who files a refund claim on any aviation fuel

 352-7   used for a purpose for which a tax refund is not authorized, or who

 352-8   files an invoice supporting a refund claim on which the date,

 352-9   amounts, or any material information has been falsified or altered,

352-10   forfeits the right to the entire amount of the refund claim filed.

352-11   This forfeiture provision does not apply if a claimant provides

352-12   proof satisfactory to the comptroller that the incorrect refund

352-13   claim filed was due to a clerical or mathematical calculation

352-14   error.

352-15         Sec. 161.105.  REFUND PAYMENTS AND FILING FEE.   (a)  After

352-16   examination and approval of a refund claim, the comptroller before

352-17   issuance of a refund warrant shall deduct from the amount of the

352-18   refund payment:

352-19               (1)  the one percent deducted originally by the

352-20   aviation fuel distributor on the sale or delivery of the aviation

352-21   fuel; and

352-22               (2)  $10 as a filing fee.

352-23         (b)  The filing fees shall be set aside for use by the

352-24   comptroller in the administration and enforcement of this chapter

352-25   and for payment of expenses in furnishing the claim forms and other

352-26   forms.  All filing fees shall be paid into the state treasury and

352-27   shall be paid out on vouchers and warrants in the manner prescribed

 353-1   by law.

 353-2            (Sections 161.106-161.150 reserved for expansion

 353-3                  SUBCHAPTER D.  PENALTIES AND OFFENSES

 353-4         Sec. 161.151.  CIVIL PENALTY AND INTEREST; FAILURE TO PAY OR

 353-5   REPORT.  (a)  If a person having a permit as an aviation fuel

 353-6   distributor fails to file a report as required by this chapter or

 353-7   fails to pay a tax imposed by this chapter when due, the person

 353-8   forfeits five percent of the amount due as a penalty, and if the

 353-9   person fails to file the report or pay the tax within 30 days after

353-10   the day on which the tax or report is due, the person forfeits an

353-11   additional five percent.

353-12         (b)  The minimum penalty imposed by this section is $10.

353-13         (c)  The comptroller may add a penalty of 75 percent of the

353-14   amount of taxes, penalties, and interest due if failure to file the

353-15   report or pay the tax when it becomes due is attributable to fraud

353-16   or an intent to evade the application of this chapter or a rule

353-17   adopted under this chapter or Chapter 111.

353-18         Sec. 161.152.  VENUE OF COLLECTION SUITS.   A suit,

353-19   injunction, or other proceeding at law available for the

353-20   establishment or collection of any claim for delinquent taxes,

353-21   penalties, or interest due under this chapter and the enforcement

353-22   of this chapter may be brought in Travis County or any other county

353-23   in which venue lies under other law.

353-24         Sec. 161.153.  PROHIBITED ACTS; CIVIL PENALTIES.   A person

353-25   forfeits to the state a civil penalty of not less than $25 or more

353-26   than $200 if the person:

353-27               (1)  refuses to stop and permit the inspection and

 354-1   examination of a motor vehicle transporting aviation fuel on demand

 354-2   of a peace officer or the comptroller;

 354-3               (2)  transports aviation fuel on the public highways in

 354-4   a cargo tank that has a connection by pipe, tube, valve, or

 354-5   otherwise with the fuel injector or carburetor or with the fuel

 354-6   supply tank feeding the fuel injector or carburetor of the motor

 354-7   vehicle transporting the product;

 354-8               (3)  fails or refuses to comply with or violates a

 354-9   provision of this chapter; or

354-10               (4)  fails or refuses to comply with or violates a rule

354-11   adopted for the administration of this chapter by the comptroller.

354-12         Sec. 161.154.  CRIMINAL OFFENSES.   Except as provided by

354-13   Section 161.155, a person commits an offense if the person

354-14   intentionally or knowingly:

354-15               (1)  refuses to stop and permit the inspection and

354-16   examination of a motor vehicle transporting or using aviation fuel

354-17   on the demand of a peace officer or the comptroller;

354-18               (2)  transports aviation fuel on the public highways in

354-19   any tank that has a connection by pipe, tube, valve, or otherwise

354-20   with the fuel injector or carburetor or with the fuel supply tank

354-21   feeding the fuel injector or carburetor of the motor vehicle;

354-22               (3)  refuses to permit the comptroller or the attorney

354-23   general to inspect, examine, or audit any books and records

354-24   required to be kept by an aviation fuel distributor, aviation fuel

354-25   dealer, common or contract carrier, or any person required to hold

354-26   a permit under this chapter;

354-27               (4)  refuses to permit the comptroller or the attorney

 355-1   general to inspect or examine any plant, equipment, materials, or

 355-2   premises where aviation fuel is produced, processed, stored, sold,

 355-3   delivered, or used;

 355-4               (5)  refuses to permit the comptroller or the attorney

 355-5   general to measure or gauge the contents of or take samples from

 355-6   any storage tank or container on premises where aviation fuel is

 355-7   produced, processed, stored, sold, delivered, or used;

 355-8               (6)  is an aviation fuel distributor or dealer and

 355-9   fails or refuses to make or deliver to the comptroller a report

355-10   required by this chapter to be made and delivered to the

355-11   comptroller;

355-12               (7)  conceals aviation fuel with the intent of engaging

355-13   in any conduct prohibited by this chapter;

355-14               (8)  refuses, while transporting aviation fuel, to stop

355-15   the motor vehicle the person is operating when called on to do so

355-16   by a person authorized to stop the motor vehicle;

355-17               (9)  refuses to surrender a motor vehicle and cargo for

355-18   impoundment after being ordered to do so by a person authorized to

355-19   impound the motor vehicle and cargo;

355-20               (10)  transports aviation fuel in any quantity for

355-21   which a cargo manifest is required to be carried without possessing

355-22   or exhibiting on demand by an officer authorized to make the demand

355-23   a cargo manifest containing the information required to be shown on

355-24   the manifest;

355-25               (11)  mutilates, destroys, or secretes a record

355-26   required by this chapter to be kept by any person required to hold

355-27   a permit required by this chapter;

 356-1               (12)  is an aviation fuel distributor or other person

 356-2   required to hold a permit under this chapter, or is the agent or

 356-3   employee of such a person, and makes a false entry or fails to make

 356-4   an entry in the books and records required under this chapter to be

 356-5   made by the person;

 356-6               (13)  transports in any manner aviation fuel under a

 356-7   false cargo manifest;

 356-8               (14)  engages in an aviation fuel transaction that

 356-9   requires that the person have a permit under this chapter without

356-10   then and there holding the required permit;

356-11               (15)  makes and delivers to the comptroller a report

356-12   required under this chapter to be made and delivered to the

356-13   comptroller if the report contains false information;

356-14               (16)  forges, falsifies, or alters an invoice for any

356-15   fuel if the invoice is prescribed by law;

356-16               (17)  makes any statement, knowing the statement to be

356-17   false, in a claim for a tax refund filed with the comptroller;

356-18               (18)  fails to remit any tax funds collected by an

356-19   aviation fuel distributor or any other person;

356-20               (19)  holds an aviation fuel dealer's permit and makes

356-21   a sale or use of any gasoline or diesel fuel required to be taxed

356-22   under Chapter 153;

356-23               (20)  makes a sale of aviation fuel tax free to any

356-24   person who is not permitted as an aviation fuel distributor or

356-25   except as otherwise authorized by this chapter; or

356-26               (21)  is an aviation fuel distributor or aviation fuel

356-27   dealer who purchases aviation fuel with the intent to evade any tax

 357-1   imposed by this chapter.

 357-2         Sec. 161.155.  CRIMINAL OFFENSES; CONTINUING VIOLATION.

 357-3   Each day that a refusal prohibited by Section 161.154(3), (4), or

 357-4   (5) continues is a separate offense.

 357-5         Sec. 161.156.  CRIMINAL PENALTIES.   (a)  An offense under

 357-6   Section 161.154(1) or (2) is a Class C misdemeanor.

 357-7         (b)  An offense under Section 161.154(3), (4), (5), or (6) is

 357-8   a Class B misdemeanor.

 357-9         (c)  An offense under Section 161.154(7), (8), (9), or (10)

357-10   is a Class A misdemeanor.

357-11         (d)  An offense under Section 161.154(11), (12), (13), (14),

357-12   (15), (16), or (17) is a felony of the third degree.

357-13         (e)  An offense under Section 161.154(18), (19), (20), or

357-14   (21) is a felony of the second degree.

357-15         (f)  Violations of three or more separate offenses under

357-16   Sections 161.154(11) through (17) committed pursuant to one scheme

357-17   or continuous course of conduct may be considered as one offense

357-18   and punished as a felony of the second degree.

357-19         Sec. 161.157.  CRIMINAL PENALTIES:  CORPORATIONS AND

357-20   ASSOCIATIONS.   (a)  Except as provided by Subsection (b),

357-21   Subchapter E, Chapter 12, Penal Code, applies to offenses under

357-22   this chapter committed by a corporation or association.

357-23         (b)  The court may not fine a corporation or association

357-24   under Section 12.51(c), Penal Code, unless the amount of the fine

357-25   under that subsection is greater than the amount that could be

357-26   fixed by the court under Section 12.51(b), Penal Code.

357-27         (c)  In addition to a sentence imposed on a corporation, the

 358-1   court shall give notice of the conviction to the attorney general

 358-2   as required by Article 17A.09, Code of Criminal Procedure.

 358-3         Sec. 161.158.  CRIMINAL PROSECUTIONS:  VENUE.   An offense

 358-4   under this chapter must be prosecuted in Travis County or in the

 358-5   county in which the offense occurred.

 358-6         Sec. 161.159.  REMEDIES CUMULATIVE.   The remedies provided

 358-7   by this chapter for the state are cumulative.  An action taken by

 358-8   the comptroller or the attorney general does not constitute an

 358-9   election to pursue a remedy to the exclusion of any other remedy

358-10   provided by this chapter or other law.

358-11            (Sections 161.160-161.200 reserved for expansion

358-12            SUBCHAPTER E.  ALLOCATION OF REVENUE; OTHER TAXES

358-13         Sec. 161.201.  TAX ADMINISTRATION ACCOUNT.  (a)  Before any

358-14   other allocation of the taxes collected under this chapter is made,

358-15   one percent of the gross amount of taxes shall be deposited in a

358-16   special account, subject to the use of the comptroller in the

358-17   administration and enforcement of this chapter.

358-18         (b)  The unexpended portion of the special account shall

358-19   revert, at the end of the fiscal year, to the unobligated portion

358-20   of the general revenue fund.

358-21         Sec. 161.202.  ALLOCATION OF REVENUE.  Each month the

358-22   comptroller, after making deductions for refund purposes and

358-23   setting aside other amounts as provided by this chapter, shall

358-24   allocate the taxes collected under this chapter to the general

358-25   revenue fund.

358-26         Sec. 161.203.  OTHER TAXES.   A political subdivision may not

358-27   impose a tax, other than property taxes, on aviation fuel.

 359-1         SECTION 8.31.  The following sections or subsections of Title

 359-2   2, Tax Code, are repealed:

 359-3               (1)  Section 153.110;

 359-4               (2)  Section 153.111;

 359-5               (3)  Section 153.112(b);

 359-6               (4)  Sections 153.117(d)  and (e);

 359-7               (5)  Section 153.118(d);

 359-8               (6)  Section 153.213; and

 359-9               (7)  Section 153.215(b).

359-10         SECTION 8.32.  (a)  This article does  not affect rights,

359-11   privileges, duties, obligations, or powers that matured, penalties

359-12   that were incurred, or proceedings that were begun before its

359-13   effective date.

359-14         (b)  The provisions of Chapter 153, Tax Code, amended by this

359-15   article, as they existed immediately before the effective date of

359-16   this article, remain in effect only for the purposes of collecting,

359-17   administering, and allocating the taxes imposed under that chapter

359-18   before the effective date of this article.

359-19         SECTION 8.33.  (a)  This article takes effect January 1,

359-20   1998.

359-21         (b)  Effective September 1, 1997, the comptroller may adopt

359-22   rules in anticipation of the effective date of Chapter 161, Tax

359-23   Code, as added by this article, and may prescribe, print, and

359-24   distribute forms and other information that will be needed on the

359-25   effective date of that chapter.

359-26                     ARTICLE 9.  HOTEL OCCUPANCY TAX

359-27         SECTION 9.01.  Sections 156.052 and 156.101, Tax Code, are

 360-1   amended to read as follows:

 360-2         Sec. 156.052.  Rate of Tax.  The rate of the tax imposed by

 360-3   this chapter is 6.25 [six] percent of the price paid for a room in

 360-4   a hotel.

 360-5         Sec. 156.101.  Exception--Permanent Resident.  This chapter

 360-6   does not impose a tax on the occupancy or right to occupancy by the

 360-7   same individual of [a person who has the right to use or possess] a

 360-8   room in a hotel for at least 30 consecutive days, so long as there

 360-9   is no interruption of payment for the period.

360-10         SECTION 9.02.  This article takes effect September 1, 1997.

360-11             ARTICLE 10.  CIGARETTE AND TOBACCO PRODUCTS TAX

360-12         SECTION 10.01.  Section 154.021(b), Tax Code, is amended to

360-13   read as follows:

360-14         (b)  The tax rates are:

360-15               (1)  $30.50 [$20.50] per thousand on cigarettes

360-16   weighing three pounds or less per thousand; and

360-17               (2)  the rate provided by Subdivision (1) plus $2.10

360-18   per thousand on cigarettes weighing more than three pounds per

360-19   thousand.

360-20         SECTION 10.02.  Section 155.021(b), Tax Code, is amended to

360-21   read as follows:

360-22         (b)  The tax rates are:

360-23               (1)  1.5 cents [one cent] per 10 or fraction of 10 on

360-24   cigars weighing three pounds or less per thousand;

360-25               (2)  $11.25 [$7.50] per thousand on cigars that:

360-26                     (A)  weigh more than three pounds per thousand;

360-27   and

 361-1                     (B)  sell at factory list price, exclusive of any

 361-2   trade discount, special discount, or deal, for 3.3 cents or less

 361-3   each;

 361-4               (3)  $16.50 [$11] per thousand on cigars that:

 361-5                     (A)  weigh more than three pounds per thousand;

 361-6                     (B)  sell at factory list price, exclusive of any

 361-7   trade discount, special discount, or deal, for more than 3.3 cents

 361-8   each; and

 361-9                     (C)  contain no substantial amount of nontobacco

361-10   ingredients; and

361-11               (4)  $22.50 [$15] per thousand on cigars that:

361-12                     (A)  weigh more than three pounds per thousand;

361-13                     (B)  sell at factory list price, exclusive of any

361-14   trade discount, special discount, or deal, for more than 3.3 cents

361-15   each; and

361-16                     (C)  contain a substantial amount of nontobacco

361-17   ingredients.

361-18         SECTION 10.03.  Section 155.0211(b), Tax Code, is amended to

361-19   read as follows:

361-20         (b)  The tax rate for tobacco products other than cigars is

361-21   52.820 [35.213] percent of the manufacturer's list price, exclusive

361-22   of any trade discount, special discount, or deal.

361-23         SECTION 10.04.  This article takes effect September 1, 1997.

361-24           ARTICLE 11.  MANUFACTURED HOUSING SALES AND USE TAX

361-25         SECTION 11.01.  (a)  Section 158.051, Tax Code, is amended to

361-26   read as follows:

361-27         Sec. 158.051.  Tax Imposed.  A tax is imposed on the initial

 362-1   sale in this state of every new manufactured home at the rate of

 362-2   6.25 [five] percent of the amount of the sales price determined as

 362-3   provided by Section 158.052 of this code.

 362-4         (b)  This section takes effect October 1, 1997.

 362-5            ARTICLE 12.  GAS, ELECTRIC, AND WATER SERVICE TAX

 362-6         SECTION 12.01.  The heading to Subchapter B, Chapter 182, Tax

 362-7   Code, is amended to read as follows:

 362-8             SUBCHAPTER B.  GAS, ELECTRIC, AND WATER SERVICE

 362-9                           [UTILITY] COMPANIES

362-10         SECTION 12.02.  Section 182.021, Tax Code, is amended to read

362-11   as follows:

362-12         Sec. 182.021.  Definitions.  In this subchapter:

362-13               (1)  "Service ["Utility] company" means a person,

362-14   including a cooperative or nonprofit corporation or a political

362-15   subdivision of this state, who conducts business in this state [who

362-16   owns or operates a gas, electric light, electric power, or water

362-17   works, or water and light plant used for local sale and

362-18   distribution located within an incorporated city or town in this

362-19   state].

362-20               (2)  "Business" means selling:

362-21                     (A)  [the providing of] gas, electric light,

362-22   electric power, or water to any person for any use, other than for

362-23   resale to another person; or

362-24                     (B)  the transportation of gas, electric light,

362-25   electric power, or water.

362-26         SECTION 12.03.  Section 182.022, Tax Code, is amended to read

362-27   as follows:

 363-1         Sec. 182.022.  Imposition and Rate of Tax.  (a)  A tax is

 363-2   imposed on each service [utility] company doing business in this

 363-3   state [located in an incorporated city or town having a population

 363-4   of more than 1,000, according to the last federal census next

 363-5   preceding the filing of the report].

 363-6         (b)  The tax rate is 2.25 [rates are:]

 363-7               [(1)  .581] percent of the gross receipts from business

 363-8   done in this state [an incorporated city or town having a

 363-9   population of more than 1,000 but less than 2,500, according to the

363-10   last federal census next preceding the filing of the report;]

363-11               [(2)  1.07 percent of the gross receipts from business

363-12   done in an incorporated city or town having a population of 2,500

363-13   or more but less than 10,000, according to the last federal census

363-14   next preceding the filing of the report; and]

363-15               [(3)  1.997 percent of the gross receipts from business

363-16   done in an incorporated city or town having a population of 10,000

363-17   or more, according to the last federal census next preceding the

363-18   filing of the report].

363-19         SECTION 12.04.  Section 182.024, Tax Code, is amended to read

363-20   as follows:

363-21         Sec. 182.024.  Political Subdivisions.  No city or other

363-22   political subdivision of this state may impose an occupation tax or

363-23   charge of any sort on a service [utility] company taxed under this

363-24   subchapter.

363-25         SECTION 12.05.  Section 182.026, Tax Code, is amended to read

363-26   as follows:

363-27         Sec. 182.026.  EFFECT AND APPLICABILITY OF SUBCHAPTER [NOT

 364-1   APPLICABLE].  (a)  This subchapter does not apply to the retail

 364-2   sale of:

 364-3               (1)  water in bottles or other similar containers of

 364-4   five gallons or less; or

 364-5               (2)  natural gas to an electric utility company [a

 364-6   utility company owned and operated by a city, town, county, water

 364-7   improvement district, or conservation district].

 364-8         (b)  This subchapter does not:

 364-9               (1)  affect collection of ad valorem taxes; or

364-10               (2)  impair or alter a provision of a contract,

364-11   agreement, or franchise made between a city and a public utility

364-12   company relating to a payment made to the city.

364-13         SECTION 12.06.  Section 182.023, Tax Code, is repealed.

364-14         SECTION 12.07.  This article takes effect January 1, 1998,

364-15   and applies to gross receipts received from business done in this

364-16   state on or after that date.  Gross receipts from business done in

364-17   this state before that date are governed by the law in effect when

364-18   the business was done, and that law is continued in effect for that

364-19   purpose.

364-20         ARTICLE 13.  INTERSTATE MOTOR CARRIER SALES AND USE TAX

364-21         SECTION 13.01.  Subtitle E, Title 2, Tax Code, is amended by

364-22   adding Chapter 157 to read as follows:

364-23        CHAPTER 157.  INTERSTATE MOTOR CARRIER SALES AND USE TAX

364-24                    SUBCHAPTER A.  GENERAL PROVISIONS

364-25         Sec. 157.001.  DEFINITIONS.  In this chapter:

364-26               (1)  "Person" includes an individual, firm,

364-27   partnership, joint venture, corporation, association, organization,

 365-1   or group or combination acting as a unit.

 365-2               (2)  "Motor carrier" means:

 365-3                     (A)  a person who transports persons or property

 365-4   for hire or who holds himself out to the public as willing to

 365-5   transport persons or property for hire by motor vehicle;

 365-6                     (B)  a person who leases, rents, or otherwise

 365-7   provides a motor vehicle for the use of others and who in

 365-8   connection therewith in the regular course of business provides,

 365-9   procures, or arranges for, directly, indirectly, or by course of

365-10   dealing, a driver or operator therefor;

365-11                     (C)  a person who operates a motor vehicle over

365-12   the public highways of this state for the purpose of transporting

365-13   persons or property when the transportation is incidental to a

365-14   primary business enterprise, other than transportation, in which

365-15   such person is engaged; or

365-16                     (D)  a person who engages in transportation by

365-17   motor vehicle of persons or property for compensation, other than

365-18   transportation referred to in Paragraph (A) of this subdivision,

365-19   under continuing contracts with one person or a limited number of

365-20   persons either:

365-21                           (i)  for the furnishing of transportation

365-22   services through the assignment of motor vehicles for a continuing

365-23   period of time to the exclusive use of each person served; or

365-24                           (ii)  for the furnishing of transportation

365-25   services designed to meet the distinct and peculiar needs of each

365-26   individual customer which are not normally provided by a common

365-27   carrier.

 366-1               (3)  "Interstate motor vehicle" means a motor vehicle

 366-2   whose registration fees could be apportioned if the motor vehicle

 366-3   were registered in a state or province of a country which was a

 366-4   member of the International Registration Plan.  For the purposes of

 366-5   this chapter, a bus used in transportation of chartered parties

 366-6   shall be considered an interstate motor vehicle if it meets all the

 366-7   standards required of other motor vehicles for apportioned

 366-8   registration fees.

 366-9               (4)  "Truck-tractor" means every motor vehicle designed

366-10   or used primarily for drawing other vehicles, and not so

366-11   constructed as to carry a load other than a part of the weight of

366-12   the vehicle and load so drawn.

366-13               (5)  "Commercial motor vehicle" means any motor vehicle

366-14   (other than a motorcycle or passenger car) designed or used

366-15   primarily for the transportation of property or persons.

366-16               (6)  "Trailer" means every vehicle designed or used to

366-17   carry its load wholly on its own structure and to be drawn by a

366-18   motor vehicle.

366-19               (7)  "Semitrailer" means a vehicle of the trailer type

366-20   so designed or used in conjunction with a motor vehicle that some

366-21   part of its own weight and that of its load rests upon or is

366-22   carried by another vehicle, including a van, flatbed, tank,

366-23   dumpster, dolly, jeep, stinger, auxiliary axle, or converter gear.

366-24               (8)  "Trip-lease equipment" means a motor vehicle

366-25   leased between any person and a motor carrier on a single trip

366-26   basis and driven by the lessor or an employee of the lessor.

366-27               (9)  "Purchase" means a lease of or a transfer of title

 367-1   to a motor vehicle, trailer, or semitrailer for consideration.

 367-2               (10)  "Preceding year" means the period of 12

 367-3   consecutive calendar months immediately prior to January 1 or any

 367-4   other day that the comptroller may designate.

 367-5               (11)  "Lease" means an agreement by an owner of a motor

 367-6   vehicle, trailer, or semitrailer to give to another for longer than

 367-7   180 days under a single agreement exclusive use of the vehicle

 367-8   without a driver for consideration.

 367-9            (Sections 157.002-157.100 reserved for expansion

367-10                    SUBCHAPTER B.  IMPOSITION OF TAX

367-11         Sec. 157.101.  TAXES IMPOSED.  Sales and use taxes are

367-12   imposed on interstate motor vehicles, trailers, and semitrailers:

367-13               (1)  purchased in this state or purchased outside this

367-14   state and brought into this state by a motor carrier that is a

367-15   resident of this state or is domiciled or doing business in this

367-16   state;

367-17               (2)  hired with a driver by a motor carrier that is a

367-18   resident of this state or is domiciled or doing business in this

367-19   state to transport persons or property over the carrier's routes

367-20   and under the authority of the carrier's permits; or

367-21               (3)  contracted by a motor carrier that is a resident

367-22   of this state or is domiciled or doing business in this state for

367-23   use as trip-leased equipment.

367-24         Sec. 157.102.  TAX RATE.  (a)  Except as provided in

367-25   Subsections (c), (d), and (e) of this section, the payment of the

367-26   tax is the responsibility of the motor carrier operating the motor

367-27   vehicle and the tax rate on an interstate motor vehicle shall be

 368-1   calculated as follows:

 368-2               (1)  The carrier's total miles operated in Texas by

 368-3   interstate truck-tractors and interstate commercial motor vehicles

 368-4   during the preceding year is divided by the total miles operated by

 368-5   the same interstate truck-tractors and interstate commercial motor

 368-6   vehicles operated in Texas during the preceding year;

 368-7               (2)  The percentage calculated in Subdivision (1) of

 368-8   this subsection is multiplied by 6-1/4 percent of the purchase

 368-9   price of each interstate motor vehicle purchased in Texas or first

368-10   brought into the State of Texas during the reporting period.  If a

368-11   lease price is used in this formula, charges for gasoline,

368-12   maintenance, insurance, and pass-through charges, such as federal

368-13   highway use tax and fees for licensing and registration, may be

368-14   excluded from the lease price;

368-15               (3)(A)  From the amount computed in Subdivision (2) of

368-16   this subsection may be deducted the amount of sales and use tax

368-17   paid on the interstate motor vehicle multiplied by the formula in

368-18   Subdivision (1) of this subsection;

368-19                     (B)  If an operator is paying sales or use tax on

368-20   lease payments, he may take the credit allowed by Paragraph (A) of

368-21   this subdivision on a quarterly basis.

368-22         (b)  If a motor carrier has not operated in Texas during the

368-23   preceding year, it shall estimate the miles it will drive during

368-24   the year and use the estimate in the calculations set forth in

368-25   Subsection (a) of this section.  The carrier shall adjust any

368-26   overpayments or underpayments of tax based on actual mileage in the

368-27   first reporting period after a year of operation.

 369-1         (c)(1)  The payment of the tax is the responsibility of the

 369-2   motor carriers operating the motor vehicle, and the tax rate on an

 369-3   interstate trailer or semitrailer being purchased or first brought

 369-4   into Texas during a reporting period shall be calculated as

 369-5   follows:

 369-6                     (A)  The number of truck-tractors operated in

 369-7   Texas by the motor carrier during the reporting period is divided

 369-8   by the total number of truck-tractors operated by a motor carrier

 369-9   in the reporting period;

369-10                     (B)  The percentage calculated in Paragraph (A)

369-11   of this subdivision is multiplied by 6-1/4 percent of the purchase

369-12   price of all trailers and semitrailers purchased during the

369-13   reporting period;

369-14                     (C)  The amount calculated in Paragraph (B) of

369-15   this subdivision is multiplied by the formula in Subsection (a)(1)

369-16   of this section;

369-17                     (D)  From the amount calculated in Paragraph (C)

369-18   of this subdivision shall be deducted the amount of sales and use

369-19   taxes paid on all trailers and semitrailers purchased in the

369-20   reporting period multiplied by the percentages calculated in

369-21   Paragraph (A) of this subdivision and in Subsection (a)(1) of this

369-22   section;

369-23               (2)  However, if the motor carrier can prove that the

369-24   actual number of trailers or semitrailers being purchased in Texas

369-25   or first brought into Texas during a reporting period is less than

369-26   the number under the formula in Subsection (c)(1) of this section,

369-27   the motor carrier may pay tax on the lesser number using the

 370-1   formula in Subsection (a) of this section.  If a motor carrier

 370-2   chooses to use the actual number of trailers or semitrailers

 370-3   purchased in Texas or first brought into Texas during a reporting

 370-4   period and then uses the formula for other reporting periods, the

 370-5   motor carrier must remit tax on trailers and semitrailers purchased

 370-6   during the period it used the actual count when the trailers or

 370-7   semitrailers are first brought into the state.

 370-8         (d)  If a motor carrier contracts to hire an interstate motor

 370-9   vehicle with a driver to transport persons or property over the

370-10   carrier's routes and under the authority of the carrier's permits,

370-11   the tax rate is $25 per truck-tractor per contract and $25 per

370-12   trailer or semitrailer per contract and is the responsibility of

370-13   the motor carrier operating the motor vehicle.  However, if a sales

370-14   and use tax of at least 6-1/4 percent of the purchase price of the

370-15   motor vehicle has been paid or if tax under Subsection (a), (b), or

370-16   (c) of this section has been paid, no tax is due on the vehicle

370-17   under this subsection.  This subsection may not be utilized by a

370-18   motor carrier contracting with a person being controlled or having

370-19   controlling interest in the motor carrier.  Controlling interest is

370-20   defined as 50 percent of ownership.

370-21         (e)  If a motor carrier contracts to use trip-leased

370-22   equipment, the tax rate is $5 per motor vehicle per contract and is

370-23   the responsibility of the motor carrier operating the motor

370-24   vehicle.  However, if a sales and use tax of at least 6-1/4 percent

370-25   of the purchase price of the motor vehicle has been paid or if tax

370-26   under Subsection (a) of this section has been paid, no tax is due

370-27   on the vehicle under this subsection.  This subsection may not be

 371-1   utilized by a motor carrier contracting with a person being

 371-2   controlled or having controlling interest in the motor carrier.

 371-3   Controlling interest is defined as 50 percent of ownership.

 371-4            (Sections 157.103-157.200 reserved for expansion)

 371-5                SUBCHAPTER C.  ENFORCEMENT AND COLLECTION

 371-6         Sec. 157.201.  PERMITS.  (a)  Motor carriers required to pay

 371-7   tax under this chapter shall be permitted by the comptroller.

 371-8         (b)  The permit may be used by the motor carrier to register

 371-9   motor vehicles, trailers, and semitrailers with the county tax

371-10   assessor-collector without paying the motor vehicle sales and use

371-11   tax under Chapter 152 of this code if the motor vehicle is being

371-12   registered as an apportioned motor vehicle or if the motor vehicle

371-13   is a bus used in the interstate transportation of chartered

371-14   parties.

371-15         (c)  Lessors may title an interstate motor vehicle, trailer,

371-16   and semitrailer leased for periods in excess of 180 days under the

371-17   permit authority of the motor carrier operating the vehicle without

371-18   payment of taxes imposed by Chapter 152 of this code, if the motor

371-19   vehicle is being registered as an apportioned motor vehicle or if

371-20   the motor vehicle is a bus used in the interstate transportation of

371-21   chartered parties.

371-22         Sec. 157.202.  REPORTS.  (a)  The motor carriers subject to

371-23   the provisions of this chapter shall report and pay the tax to the

371-24   comptroller quarterly  on or before the last day of the month

371-25   succeeding each calendar quarter.

371-26         (b)  Notwithstanding the provisions of Subsection (a) of this

371-27   section, the comptroller may prescribe the date and period for

 372-1   filing reports and payments in order to facilitate the collection

 372-2   of the tax including a longer reporting period for motor carriers

 372-3   owing a minimal amount of tax.

 372-4         Sec. 157.203.  RECORDS.  Motor carriers are required to keep

 372-5   records and supporting documents including mileage records

 372-6   regarding the payment of motor carrier sales and use tax in such

 372-7   form as the comptroller may reasonably require.  The motor carriers

 372-8   must keep the records for at least three years.

 372-9         Sec. 157.204.  PENALTY AND INTEREST.  Any person who fails to

372-10   timely pay the tax required by this chapter forfeits five percent

372-11   of the amount due as a penalty, and after the first 30 days,

372-12   forfeits an additional five percent.  The penalty may never be less

372-13   than $1.  Delinquent taxes shall draw interest at the rate provided

372-14   by Section 111.060, beginning 60 days from the date due.

372-15         Sec. 157.205.  ENFORCEMENT BY COMPTROLLER; RULES AND

372-16   REGULATIONS.  (a)  The comptroller shall enforce the provisions of

372-17   this chapter and may prescribe, adopt, and enforce rules relating

372-18   to the administration and enforcement of this chapter.

372-19         (b)  The comptroller may promulgate such forms as are

372-20   necessary for the administration and enforcement of this chapter.

372-21         SECTION 13.02.  It is the intent of the legislature that

372-22   Chapter 157, Tax Code, be reenacted to continue that chapter in

372-23   effect without interruption as it exists on August 31, 1997,

372-24   notwithstanding the repeal of that chapter by Section 31(b),

372-25   Chapter 705, Acts of the 74th Legislature, Regular Session, 1995.

372-26         SECTION 13.03.  This article takes effect September 1, 1997.

 373-1                   ARTICLE 14.  CEMENT PRODUCTION TAX

 373-2         SECTION 14.01.  Section 181.002, Tax Code, is amended to read

 373-3   as follows:

 373-4         Sec. 181.002.  RATE OF TAX.  The rate of the tax imposed by

 373-5   this chapter is $0.05 [$0.0275] for each 100 pounds or fraction of

 373-6   100 pounds of taxable cement.

 373-7         SECTION 14.02.  This article takes effect September 1, 1997,

 373-8   and applies to cement distributed, sold, or used on or after that

 373-9   date.  Cement distributed, sold, or used before that date is

373-10   governed by the law in effect when the distribution, sale, or use

373-11   was made and that law is continued in effect for that purpose.

373-12                  ARTICLE 15.  COAL AND LIGNITE USE TAX

373-13         SECTION 15.01.  Subtitle E, Title 2, Tax Code, is amended by

373-14   adding Chapter 162 to read as follows:

373-15                         CHAPTER 162.  COAL TAX

373-16                    SUBCHAPTER A.  GENERAL PROVISIONS

373-17         Sec. 162.001.  DEFINITIONS.  In this chapter:

373-18               (1)  "Coal" includes lignite.

373-19               (2)  "Lignite" means coal commonly referred to as brown

373-20   coal, of intermediate grade between peat and bituminous coal.

373-21               (3)  "Use" includes storage for use in this state, but

373-22   does not include:

373-23                     (A)  the use by a producer of coal who owns the

373-24   coal in place and who produces the coal for the producer's own use;

373-25   or

373-26                     (B)  the storage for use or shipment out of this

373-27   state.

 374-1            (Sections 162.002-162.020 reserved for expansion

 374-2             SUBCHAPTER B.  IMPOSITION AND COLLECTION OF TAX

 374-3         Sec. 162.021.  TAX IMPOSED.  (a)  A tax is imposed on the

 374-4   purchase in this state of coal for use in this state.

 374-5         (b)  A tax is imposed on the use of coal in this state.

 374-6         Sec. 162.022.  RATE OF TAX.  The rate of the taxes imposed by

 374-7   this chapter is 7.5 percent of the total price paid for the coal,

 374-8   without regard to where the purchase occurs, delivered at the site

 374-9   at which the coal will be used, including transportation costs to

374-10   that site.

374-11         Sec. 162.023.  USE TAX DEDUCTION.  A person may deduct from

374-12   the amount of tax otherwise imposed by Section 162.021(b) the

374-13   amount of tax reported and paid under Section 162.021(a).

374-14         Sec. 162.024.  PAYMENT OF TAX.  On or before the 25th day of

374-15   each month, each person on whom a tax is imposed by this chapter

374-16   shall send to the comptroller the amount of tax due under this

374-17   chapter for the preceding month.

374-18         Sec. 162.025.  REPORTS.  On or before the 25th day of each

374-19   month, each person on whom a tax is imposed by this chapter shall

374-20   file with the comptroller a report stating:

374-21               (1)  the amount of  coal purchased by the person for

374-22   use in this state and used in this state during the preceding

374-23   month;

374-24               (2)  the total price of that coal; and

374-25               (3)  any other information required by the comptroller.

374-26         Sec. 162.026.  RECORDS.  A person on whom a tax is imposed by

374-27   this chapter shall keep a complete record of:

 375-1               (1)  the amount of coal purchased by the person for use

 375-2   in this state;

 375-3               (2)  the use of coal in this state by the person; and

 375-4               (3)  any other information required by the comptroller.

 375-5            (Sections 162.027-162.050 reserved for expansion

 375-6                  SUBCHAPTER C.  PENALTIES AND OFFENSES

 375-7         Sec. 162.051.  INTEREST ON DELINQUENT TAX.  A tax imposed by

 375-8   this chapter that is delinquent draws interest as provided by

 375-9   Section 111.060.

375-10         Sec. 162.052.  PENALTY.  (a)  A person on whom a tax is

375-11   imposed by this chapter and who fails to file a report as required

375-12   by this chapter or does not pay the tax when it is due forfeits to

375-13   the state a penalty of 12 percent of the amount of tax delinquent.

375-14         (b)  If a report required by this chapter is not filed or a

375-15   tax imposed by this chapter is not paid within 30 days after it is

375-16   due, the person on whom the tax is imposed forfeits to the state a

375-17   penalty of an additional 12 percent of the amount of tax

375-18   delinquent.

375-19         (c)  The minimum penalty under this section is $1.

375-20         Sec. 162.053.  CRIMINAL PENALTY.  (a)  A person who violates

375-21   this chapter commits an offense.

375-22         (b)  An offense under this section is a Class C misdemeanor.

375-23            (Sections 162.054-162.070 reserved for expansion

375-24                    SUBCHAPTER D.  ALLOCATION AND USE

375-25         Sec. 162.071.  ALLOCATION OF TAX REVENUE.  All of the revenue

375-26   from the tax imposed by this chapter shall be deposited to the

375-27   credit of the general revenue fund.

 376-1         SECTION 15.02.  This article takes effect December 1, 1997,

 376-2   and applies to coal purchased on or after that date.

 376-3                    ARTICLE 16. PARI-MUTUEL WAGERING

 376-4         SECTION 16.01.  Section 6.08(c), Texas Racing Act (Article

 376-5   179e, Vernon's Texas Civil Statutes), is amended to read as

 376-6   follows:

 376-7         (c)  A horse racing association shall set aside for the

 376-8   state[:]

 376-9               [(1)]  an amount equal to 3.25 [one] percent of each

376-10   live pari-mutuel pool[, from the first $100 million of the total

376-11   amount of all live pari-mutuel pools of the association in a

376-12   calendar year;]

376-13               [(2)  an amount equal to two percent of each live

376-14   pari-mutuel pool, from the next $100 million of the total amount of

376-15   all live pari-mutuel pools of the association in a calendar year;]

376-16               [(3)  an amount equal to three percent of each live

376-17   pari-mutuel pool, from the next $100 million of the total amount of

376-18   all live pari-mutuel pools of the association in a calendar year;]

376-19               [(4)  an amount equal to four percent of each live

376-20   pari-mutuel pool, from the next $100 million of the total amount of

376-21   all live pari-mutuel pools of the association in a calendar year;

376-22   and]

376-23               [(5)  an amount equal to five percent of each live

376-24   pari-mutuel pool, from the total amount of all live pari-mutuel

376-25   pools of the association in a calendar year not covered by

376-26   Subdivisions (1) through (4) of this subsection].

376-27         SECTION 16.02.  Section 6.09(b), Texas Racing Act (Article

 377-1   179e, Vernon's Texas Civil Statutes), is amended to read as

 377-2   follows:

 377-3         (b)  Of the amount so retained from the pari-mutuel pools,

 377-4   the association shall pay to the state for the privilege of

 377-5   conducting pari-mutuel wagering during the greyhound race meetings

 377-6   held by such association:

 377-7               (1)  an amount equal to 3.25[:]

 377-8                     [(A)  two] percent of each live pari-mutuel

 377-9   pool[, from the first $100 million of the total amount of all live

377-10   pari-mutuel pools of the association in a calendar year;]

377-11                     [(B)  three percent of each live pari-mutuel

377-12   pool, from the next $100 million of the total amount of all live

377-13   pari-mutuel pools of the association in a calendar year;]

377-14                     [(C)  four percent of each live pari-mutuel pool,

377-15   from the next $100 million of the total amount of all live

377-16   pari-mutuel pools of the association in a calendar year; and]

377-17                     [(D)  five percent of each live pari-mutuel pool,

377-18   from the total amount of all live pari-mutuel pools of the

377-19   association in a calendar year not covered by Paragraphs (A)-(C) of

377-20   this subdivision]; and

377-21               (2)  50 percent of the breakage.

377-22         SECTION 16.03.  Section 6.091(a), Texas Racing Act (Article

377-23   179e, Vernon's Texas Civil Statutes), is amended to read as

377-24   follows:

377-25         (a)  An association shall distribute from the total amount

377-26   deducted as provided by Sections 6.08(a) and 6.09(a) of this Act

377-27   from each simulcast pari-mutuel pool the following shares:

 378-1               (1)  an amount equal to 3.25 [one] percent of each pool

 378-2   as the amount set aside for the state;

 378-3               (2)  an amount equal to 0.25 percent of each pool set

 378-4   aside to the Texas Commission on Alcohol and Drug Abuse to be

 378-5   expended for the prevention of problem gambling;

 378-6               (3)  if the association is a horse racing association,

 378-7   an amount equal to one percent of a multiple two wagering pool or

 378-8   multiple three wagering pool as the amount set aside for the

 378-9   Texas-bred program to be used as provided by Section 6.08(f) of

378-10   this Act;

378-11               (4)  if the association is a greyhound association, an

378-12   amount equal to one percent of a multiple two wagering pool or a

378-13   multiple three wagering pool as the amount set aside for the

378-14   Texas-bred program for greyhound races, to be distributed and used

378-15   in accordance with rules of the commission adopted to promote

378-16   greyhound breeding in this state; and

378-17               (5)  the remainder as the amount set aside for purses,

378-18   expenses, the sending association, and the receiving location

378-19   pursuant to a contract approved by the commission between the

378-20   sending association and the receiving location.

378-21         SECTION 16.04.  This article takes effect September 1, 1997.

378-22                        ARTICLE 17.  GAS TARIFFS

378-23         SECTION 17.01.  Article IV, Gas Utility Regulatory Act

378-24   (Article 1446e, Vernon's Texas Civil Statutes), is amended by

378-25   adding Section 4.065 to read as follows:

378-26         Sec. 4.065.  TAX ADJUSTMENT.  (a)  Each gas utility shall add

378-27   a tax adjustment provision to the utility's rates and file a tariff

 379-1   or tariffs  reflecting that provision with each regulatory

 379-2   authority having original jurisdiction over the utility's rates

 379-3   under Section 2.01 of this Act.

 379-4         (b)  The tax adjustment provision takes effect and becomes

 379-5   part of the gas utility's rates on the date the related tariff or

 379-6   tariffs are filed under Subsection (a)  of this section.

 379-7         (c)  The tax adjustment provision shall require the gas

 379-8   utility to track changes that occur since 1996 in costs incurred

 379-9   for ad valorem taxes and for gross receipts payments made under

379-10   Subchapter B, Chapter 182, Tax Code, by the utility within the

379-11   regulatory authority's jurisdiction.  If  the tariffs of a gas

379-12   utility in effect on September 1, 1997, allow the utility to

379-13   recover some or all of those costs, the tax adjustment provision

379-14   for that utility must take that into account.

379-15         (d)  The initial tariffs filed under this section must

379-16   include data, methodology, and computations supporting the tax

379-17   adjustment provisions and the related tariff or tariffs.  Each

379-18   regulatory authority with whom a tariff is filed under this section

379-19   may review the tax adjustment provision and any supporting data,

379-20   methodology, and computation to ensure that the gas utility is

379-21   accurately recovering through its rates the changes in costs

379-22   described by Subsection (c) of this section.   The  regulatory

379-23   authority may order changes in the tax adjustment provision and

379-24   related tariffs to be thereafter observed and in effect if the

379-25   regulatory authority determines that the gas utility is not

379-26   accurately recovering those changes in costs.

379-27         SECTION 17.02.  This article takes effect January 1, 1998.

 380-1              ARTICLE 18.  INTERIOR DESIGN PROFESSIONAL FEE

 380-2         SECTION 18.01.  Article 249e, Revised Statutes, is amended by

 380-3   adding Section 6A to read as follows:

 380-4         Sec. 6A.  INCREASE IN FEES.  (a)  Each of the following fees

 380-5   imposed by Section 6 of this article is increased by $200:

 380-6               (1)  registration application fee;

 380-7               (2)  annual registration renewal fee; and

 380-8               (3)  reciprocal registration fee.

 380-9         (b)  Of the fee increase collected, $50 shall be deposited to

380-10   the credit of the foundation school fund and $150 shall be

380-11   deposited to the credit of the general revenue fund.  This

380-12   subsection applies to the disposition of each fee increase

380-13   regardless of any other provision of law providing for a different

380-14   disposition of funds.

380-15         SECTION 18.02.  This article takes effect September 1, 1997,

380-16   and applies to a fee imposed on or after that date.  A fee imposed

380-17   before the effective date of this article is governed by the law in

380-18   effect on that date, and that law is continued in effect for that

380-19   purpose.

380-20                      ARTICLE 19.  TAXICAB PERMITS

380-21         SECTION 19.01.  Subtitle H, Title 2, Tax Code, is amended by

380-22   adding Chapter 192 to read as follows:

380-23                         CHAPTER 192.  TAXICABS

380-24                    SUBCHAPTER A.  GENERAL PROVISIONS

380-25         Sec. 192.001.  DEFINITIONS.  In this chapter:

380-26               (1)  "Tax" means the tax imposed under this chapter.

380-27               (2)  "Tax year" means the calendar year.

 381-1               (3)  "Taxicab" means a private passenger motor vehicle

 381-2   that:

 381-3                     (A)  is licensed or otherwise regulated by a

 381-4   municipality under Section 215.004, Local Government Code; or

 381-5                     (B)  provides passenger or tangible personal

 381-6   property and passenger transportation services for compensation and

 381-7   is designed for carrying no more than eight passengers.

 381-8               (4)  "Taxpayer" means a person who owes a tax under

 381-9   this chapter.

381-10         Sec. 192.002.  LIMOUSINES EXCLUDED.  This chapter does not

381-11   apply to a limousine that provides transportation services subject

381-12   to the tax imposed by Chapter 151.

381-13            (Sections 192.003-192.050 reserved for expansion)

381-14              SUBCHAPTER B.  IMPOSITION AND PAYMENT OF TAX

381-15         Sec. 192.051.  TAX IMPOSED.  (a)  A tax is imposed on the

381-16   operation of a taxicab in this state.

381-17         (b)  The amount of the tax is $100 for each tax year that the

381-18   taxicab is operated.

381-19         Sec. 192.052.  PAYMENT OF TAX.  The owner of the taxicab

381-20   shall pay the tax before January 1 of the tax year.

381-21         Sec. 192.053.  OPERATIONS BEGINNING AFTER TAX YEAR STARTS.

381-22   (a)  A taxpayer shall pay the full amount of the tax for a taxicab

381-23   that begins operating in this state after the beginning of the tax

381-24   year but before July 1.

381-25         (b)  A taxpayer shall pay $50 for a taxicab that begins

381-26   operating in this state on or after July 1 for that tax year.

381-27         Sec. 192.054.  CESSATION OF OPERATIONS.  A taxpayer that

 382-1   begins operating a taxicab in this state during a tax year that is

 382-2   taken out of service or ceases operating for any reason during the

 382-3   tax year, including termination of the use of the vehicle as a

 382-4   taxicab or destruction of the vehicle, owes the full tax for the

 382-5   tax year.

 382-6         Sec. 192.055.  NO CREDIT OR REBATE.  A taxpayer is not

 382-7   entitled to any credit or rebate of the tax paid.

 382-8         Sec. 192.056.  DUE DATE OF PAYMENT.  The tax is due before

 382-9   the beginning of the tax year or before a taxicab may begin

382-10   operating in this state.

382-11            (Sections 192.057-192.100 reserved for expansion

382-12                   SUBCHAPTER C.  PERMIT AND INSIGNIA

382-13         Sec. 192.101.  APPLICATION FOR TAXICAB OPERATION PERMIT.

382-14   (a)  A taxpayer shall submit with the payment of the tax an

382-15   application for a taxicab operation permit.

382-16         (b)  The comptroller shall provide a form to apply for the

382-17   taxicab operation permit and the taxpayer must use that form in

382-18   applying for the permit.

382-19         (c)  The comptroller may require that the taxpayer include on

382-20   the application form any information that the comptroller considers

382-21   necessary to collect, administer, and enforce the tax.

382-22         (d)  The comptroller may provide for an application form in

382-23   which a taxpayer who owns more than one taxicab may apply for an

382-24   operation permit for each of the taxicabs at the same time.

382-25         Sec. 192.102.  ISSUANCE OF TAXICAB OPERATION PERMIT AND

382-26   INSIGNIA.  (a)  Except as provided by Subsection (b), on receipt of

382-27   an application form that is properly completed and the payment of

 383-1   the tax, the comptroller shall issue to the taxpayer:

 383-2               (1)  a taxicab operation permit stating that the tax

 383-3   has been paid for the taxicab; and

 383-4               (2)  a taxicab operation permit insignia to be affixed

 383-5   to the taxicab as provided by Section 192.103.

 383-6         (b)  The comptroller may refuse to issue a taxicab operation

 383-7   permit and taxicab operation permit insignia if the comptroller

 383-8   determines that the taxpayer is delinquent in the payment of any

 383-9   tax owed to the state.

383-10         (c)  The comptroller shall provide for the issuance of the

383-11   taxicab operation permit and taxicab operation permit insignia in a

383-12   manner that ensures that the permit and insignia are issued to a

383-13   taxpayer for a specific taxicab and are not transferrable.

383-14         Sec. 192.103.  DESIGN AND PLACEMENT OF TAXICAB OPERATION

383-15   PERMIT INSIGNIA.  (a)  The comptroller shall prepare the design of

383-16   the taxicab operation permit insignia.

383-17         (b)  The comptroller shall require the attachment of a

383-18   taxicab operating permit insignia to the windshield of the taxicab

383-19   in a manner that best promotes the enforcement of this chapter by

383-20   the law enforcement personnel of this state.

383-21         (c)  The taxpayer shall place the taxicab operation permit

383-22   insignia on the taxicab windshield in the manner required by the

383-23   comptroller.

383-24            (Sections 192.104-192.150 reserved for expansion

383-25                       SUBCHAPTER D.  ENFORCEMENT

383-26         Sec. 192.151.  PENALTY AND INTEREST.  The penalty and

383-27   interest provisions of Subchapter B, Chapter 111, apply to the tax.

 384-1         Sec. 192.152.  OFFENSE:  FAILURE TO DISPLAY INSIGNIA.  (a)  A

 384-2   person commits an offense if the person operates a taxicab without

 384-3   displaying a taxicab operating permit insignia.

 384-4         (b)  An offense under this section is a Class C misdemeanor.

 384-5         (c)  Any peace officer of the state may enforce this section.

 384-6         (d)  A peace officer who exhibits a badge or other sign of

 384-7   authority may stop a taxicab not displaying a taxicab operating

 384-8   permit insignia on the windshield and require the owner or operator

 384-9   to produce a taxicab operating permit.

384-10         (e)  It is a defense to prosecution under this section that a

384-11   taxicab operating permit for the taxicab is in effect at the time

384-12   of the arrest.

384-13         Sec. 192.153.  OFFENSE:  DISPLAY OF FICTITIOUS INSIGNIA.

384-14   (a)  A person commits an offense if the person:

384-15               (1)  displays or causes or permits to be displayed a

384-16   taxicab operating permit insignia knowing it to be fictitious or

384-17   issued for another taxicab; or

384-18               (2)  transfers a taxicab operating permit insignia from

384-19   a windshield or location to another windshield or location.

384-20         (b)  An offense under this section is a Class C misdemeanor.

384-21         (c)  A taxicab on which is displayed a taxicab operating

384-22   permit insignia in violation of this section and that is operated

384-23   or parked on a public roadway may be impounded by a peace officer

384-24   or other authorized employee of this state or a political

384-25   subdivision of this state in which the taxicab is operated or

384-26   parked.

 385-1            (Sections 192.154-192.200 reserved for expansion

 385-2                         SUBCHAPTER E.  REVENUE

 385-3         Sec. 192.201.  DISTRIBUTION OF REVENUE FROM TAX.  The revenue

 385-4   from the tax shall be deposited as follows:

 385-5               (1)  25 percent to the credit of the foundation school

 385-6   fund; and

 385-7               (2)  75 percent to the credit of the general revenue

 385-8   fund.

 385-9         SECTION 19.02.  Subchapter C, Chapter 548, Transportation

385-10   Code, is amended by adding Section 548.1055 to read as follows:

385-11         Sec. 548.1055.  DISPLAY OF TAXICAB OPERATING PERMIT INSIGNIA

385-12   AS PREREQUISITE TO ISSUANCE OF INSPECTION CERTIFICATE.  (a)  An

385-13   inspection station or inspector may not issue an inspection

385-14   certificate for a taxicab, as that term is defined by Section

385-15   192.001, Tax Code, unless a current taxicab operating permit

385-16   insignia required under Chapter 192, Tax Code, is displayed on the

385-17   taxicab.

385-18         (b)  An inspection station is not liable to a person,

385-19   including the state, for issuing an inspection certificate in

385-20   reliance on the presence of a current taxicab operating permit

385-21   insignia displayed on the taxicab.

385-22         SECTION 19.03.  (a)  Except as provided by Subsections (b)

385-23   and (c) of this section, this article takes effect September 1,

385-24   1997.

385-25         (b)  Notwithstanding any provisions of Chapter 192, Tax Code,

385-26   as added by this article, no taxicab permit is required before

385-27   January 1, 1998.

 386-1         (c)  Section 19.02 of this article takes effect January 1,

 386-2   1998.

 386-3                   ARTICLE 20.  COIN-OPERATED MACHINES

 386-4         SECTION 20.01.  Article 8801, Revised Statutes, is amended by

 386-5   amending Subdivisions (3) and (6) and adding Subdivision (8) to

 386-6   read as follows:

 386-7               (3)  The term "coin-operated machine" means every

 386-8   machine or device of any kind or character that [which] is operated

 386-9   by or with coins, or metal slugs, tokens or checks, "music

386-10   coin-operated machines," "service coin-operated machines,"

386-11   "cash-dispensing machines," and "skill or pleasure coin-operated

386-12   machines" as those terms are hereinafter defined, shall be included

386-13   in such terms.

386-14               (6)  The term "service coin-operated machines" means

386-15   [every pay toilet, pay telephone and all other] machines or devices

386-16   which dispense service only and not merchandise, music, skill or

386-17   pleasure.

386-18               (8)  The term "cash-dispensing machine" means an

386-19   automated or electronic machine that, on insertion of a properly

386-20   coded card, the entry of data through a keyboard, or both,

386-21   dispenses currency or cash. The term does not include a machine

386-22   used in the retail purchase of tangible personal property without

386-23   regard to whether the purchase includes an amount, received in

386-24   cash, over and above the sales price of the items purchased.

386-25         SECTION 20.02.  Article 8802(1), Revised Statutes, is amended

386-26   to read as follows:

386-27               (1)  Every "owner", save an owner holding an import

 387-1   license and holding coin-operated machines solely for re-sale, who

 387-2   exhibits, displays, or who permits to be exhibited or displayed in

 387-3   this State any "coin-operated machine" shall pay, and there is

 387-4   hereby levied on each "coin-operated machine", as defined herein in

 387-5   Article 8801, except as are exempt herein, an annual occupation tax

 387-6   of $60.00.  An annual occupation tax of $100 is imposed on

 387-7   "cash-dispensing machines." The tax shall be paid to the

 387-8   comptroller by cashier's check or money order.  The annual tax

 387-9   levied by this chapter may be collected by the comptroller on a

387-10   quarterly basis.  The comptroller may establish procedures for

387-11   quarterly collection and set due dates for the tax payments.  The

387-12   tax due from the owner of a coin-operated machine first exhibited

387-13   or displayed in this State later than March 31 shall be prorated on

387-14   a quarterly basis, with one-fourth of the annual tax due for each

387-15   quarter or portion of a quarter remaining in the calendar year.  No

387-16   refund or credit of the annual tax levied by this chapter may be

387-17   allowed to any owner who ceases the exhibition or display of any

387-18   coin-operated machine prior to the end of any calendar year.

387-19   Subtitle B, Title 2, Tax Code, applies to the administration,

387-20   collection, and enforcement of the taxes, penalties, and interest

387-21   imposed by this chapter.

387-22         SECTION 20.03.  Article 8803, Revised Statutes, is amended to

387-23   read as follows:

387-24         Art. 8803.  EXEMPTIONS FROM TAX.  The following machines are

387-25   exempt from the tax under this chapter:

387-26               (1)  machines selling newspapers;

387-27               (2)  pay toilets;

 388-1               (3)  a machine the sales of which are exempted by

 388-2   Section 151.305, Tax Code;

 388-3               (4)  machines that provide change only if no charge is

 388-4   made for the service;

 388-5               (5)  machines dispensing pressurized air;

 388-6               (6)  laundromat machines used to wash or dry clothes;

 388-7   and

 388-8               (7)  any machine dispensing an item or providing a

 388-9   service that is subject to:

388-10                     (A)  the sales and use tax under Chapter 151, Tax

388-11   Code;

388-12                     (B)  the cigarette tax under Chapter 154, Tax

388-13   Code;

388-14                     (C)  the cigars and tobacco products tax under

388-15   Chapter 155, Tax Code; or

388-16                     (D)  any other state tax excluding ad valorem

388-17   taxes and franchise taxes [Gas meters, pay telephones, pay toilets,

388-18   food vending machines, confection vending machines, beverage

388-19   vending machines, merchandise vending machines, and cigarette

388-20   vending machines which are now subject to an occupation or gross

388-21   receipts tax, stamp vending machines, and "service coin-operated

388-22   machines," as that term is defined, are expressly exempt from the

388-23   tax levied herein, and the other provisions of this Chapter].

388-24         SECTION 20.04.  This article takes effect October 1, 1997.

388-25                    ARTICLE 21.  RENTER'S TAX RELIEF

388-26         SECTION 21.01.  Title 1, Tax Code, is amended by adding

388-27   Chapter 51 to read as follows:

 389-1               CHAPTER 51. PROPERTY TAX RELIEF FOR RENTERS

 389-2         Sec. 51.001.  DEFINITIONS.  In this chapter:

 389-3               (1)  "Dwelling unit" means a structure or separately

 389-4   secured  portion of a structure designed or used for human

 389-5   habitation by an individual or group of individuals constituting a

 389-6   single household.

 389-7               (2)  "Landlord" means a person required to register

 389-8   under Section 51.004.

 389-9               (3)  "Rent" includes the total amount charged by a

389-10   landlord or by another person on the landlord's behalf for the use

389-11   and occupancy of a dwelling unit, not including refundable property

389-12   deposits.

389-13               (4)  "Tenant" means a person who rents or leases a

389-14   dwelling unit.

389-15         Sec. 51.002.  REBATE TO TENANT OF LANDLORD'S PROPERTY TAX

389-16   SAVINGS.  A tenant is entitled to a rebate of a portion of the

389-17   landlord's school district ad valorem tax savings for 1997, 1998,

389-18   and 1999 as provided by this chapter to the extent the landlord

389-19   does not reduce rents in the amount of those tax savings.

389-20         Sec. 51.003.  EXCEPTIONS.  (a)  This chapter does not apply

389-21   to property or a dwelling unit that is subject to the state ad

389-22   valorem tax.

389-23         (b)  This chapter does not apply to:

389-24               (1)  a dwelling unit that did not exist as an

389-25   inhabitable dwelling unit on or before January 1, 1996; or

389-26               (2)  property that did not include a dwelling unit on

389-27   January 1, 1996.

 390-1         Sec. 51.004.  LANDLORD REGISTRATION AND REPORT.  (a)  Each

 390-2   person who in 1997, 1998, or 1999 owns property containing four or

 390-3   more dwelling units held for rent or lease, considering all the

 390-4   property owned by the person at any time during the year, shall

 390-5   register with the comptroller not later than January 31 of the year

 390-6   following that year.  For purposes of this section, a person who

 390-7   leases property containing four or more dwelling units from the

 390-8   owner or owners of the property and leases the dwelling units

 390-9   without direct supervision or control by the owners is considered

390-10   the owner of the property.

390-11         (b)  The registration must include information the

390-12   comptroller requires to administer this chapter, including:

390-13               (1)  identification and ownership of the property

390-14   containing the dwelling units and the number and location of the

390-15   dwelling units;

390-16               (2)  information relating to school district ad valorem

390-17   taxes imposed on the property for that year, including the

390-18   appraised value and taxable value of the property for those

390-19   purposes; and

390-20               (3)  information, including names and addresses,

390-21   relating to the tenants of the dwelling units during that year and

390-22   to the rents charged to those tenants during that year.

390-23         Sec. 51.005.  FEE IMPOSED.  (a)  A fee is imposed on each

390-24   landlord.

390-25         (b)  The amount of the fee is equal to the amount of the

390-26   landlord's property tax reduction for the year, computed by

390-27   determining the amount by which school district ad valorem taxes

 391-1   imposed on all property containing a dwelling unit owned by the

 391-2   landlord for the year for which the fee is imposed is less than the

 391-3   sum of the  school tax base for each of those properties for that

 391-4   year.

 391-5         (c)  The amount of the fee, including a reduction for any

 391-6   credits allowed against the fee, may not be less than zero.

 391-7         (d)  The school tax base for a year on a property is computed

 391-8   by multiplying the taxable value of the property for taxation by a

 391-9   school district for the year times the total school district ad

391-10   valorem tax rate imposed on the property for 1996.

391-11         (e)  For purposes of Subsection (d), the comptroller shall

391-12   reduce the taxable value of the property for the year for which the

391-13   fee is imposed by the portion of that value attributable to

391-14   improvements to the property made after January 1, 1996, that were

391-15   not considered in determining the appraised value of the property

391-16   for 1996 school district taxes.

391-17         Sec. 51.006.  CREDIT FOR RENT REDUCTION.  (a)  A landlord is

391-18   entitled to a credit against the fee imposed by this chapter for a

391-19   calendar year in an amount equal to the total amount of rent

391-20   reduction the landlord provides to the tenants of the landlord's

391-21   dwelling units in that year.

391-22         (b)  The total amount of a landlord's rent reduction is the

391-23   amount by which the total rent charged by the landlord for the year

391-24   in which the fee is imposed to tenants of the landlord's dwelling

391-25   units is less than the amount that would have been charged to those

391-26   tenants in that year using the applicable rents in effect on

391-27   January 1, 1997, or the most recent date before that date on which

 392-1   a rent was charged if the unit was not occupied on January 1, 1997.

 392-2         (c)  In determining the amount of a landlord's rent

 392-3   reduction, the percentage by which the landlord reduced rent on a

 392-4   dwelling unit occupied by a family member of the landlord in excess

 392-5   of the percentage of rent reduction to other dwelling units in the

 392-6   same structure may not be considered.

 392-7         Sec. 51.007.  PRORATION.  (a)  The comptroller by rule shall

 392-8   provide for a proportional reduction of the amount of a fee imposed

 392-9   under this chapter and the amount of credit against the fee to the

392-10   extent a landlord establishes that the landlord did not own the

392-11   applicable property for the entire year for which the fee is

392-12   imposed.

392-13         (b)  The comptroller by rule shall provide for the exclusion

392-14   from the fee and applicable calculations under this chapter of a

392-15   portion of real property containing one or more dwelling units that

392-16   is not used directly or indirectly in connection with the

392-17   residential use of the property.

392-18         Sec. 51.008.  COLLECTION OF FEE.  (a)  The comptroller by

392-19   rule shall provide for the payment of the fee and the collection of

392-20   delinquent fees.

392-21         (b)  The fee is subject to Subtitle B, Title 2, Tax Code.

392-22         (c)  Penalties and interest on a delinquent fee shall be

392-23   deposited to the credit of the general revenue fund.

392-24         (d)  After deduction for the costs of administering this

392-25   chapter, the fees collected under this section shall be held with

392-26   the state treasury in trust for payments to renters under this

392-27   chapter.

 393-1         Sec. 51.009.  PAYMENT OF REBATE TO TENANTS.  (a)  The

 393-2   comptroller shall rebate the amount of a fee collected from a

 393-3   landlord under this chapter to each tenant of the landlord during

 393-4   the year for which the fee is imposed in proportion to the total

 393-5   rent paid by each tenant to the landlord during the year.  The

 393-6   comptroller shall rebate only the amount of the fee actually

 393-7   received or collected from the landlord, and this section does not

 393-8   obligate the state to pay the amount of a rebate from state funds.

 393-9         (b)  The comptroller shall prescribe procedures for payment

393-10   of rebates under this section, including procedures by which a

393-11   person may apply to receive the rebate if the comptroller is unable

393-12   to deliver the rebate to the person using information provided by

393-13   the landlord.

393-14         (c)  The comptroller shall transfer any amount of a fee

393-15   collected under this chapter that the comptroller is not able  to

393-16   rebate to the appropriate tenant to the general revenue fund.

393-17         Sec. 51.010.  ADMINISTRATIVE AUTHORITY.  The comptroller

393-18   shall prescribe rules, procedures, and forms as necessary to

393-19   administer this chapter.

393-20         Sec. 51.011.  EXPIRATION.  This chapter expires January 1,

393-21   2005.

393-22         SECTION 21.02.  This article takes effect September 1, 1997.

393-23              ARTICLE 22.  EFFECTIVE DATE; CONTINGENCY; EMERGENCY

393-24         SECTION 22.01.  (a)  Except as otherwise provided by this

393-25   Act, this Act takes effect September 1, 1997, but only if the

393-26   constitutional amendment proposed by H.J.R. No. 4, 75th

393-27   Legislature, Regular Session, 1997, is approved by the voters.  If

 394-1   that amendment is not approved by the voters, this Act has no

 394-2   effect.

 394-3         (b)  The change in law made by this Act to a tax or fee does

 394-4   not affect the liability for a tax or fee.  The liability for a tax

 394-5   or fee is governed by the law in effect when the tax or fee became

 394-6   due, and that law is continued in effect for the collection of the

 394-7   tax or fee and for civil and criminal enforcement of the liability

 394-8   for that tax or fee.

 394-9         SECTION 22.02.  The importance of this legislation and the

394-10   crowded condition of the calendars in both houses create an

394-11   emergency and an imperative public necessity that the

394-12   constitutional rule requiring bills to be read on three several

394-13   days in each house be suspended, and this rule is hereby suspended.