1-1     By:  Craddick, Junell, et al.                            H.B. No. 4

 1-2          (Senate Sponsor - Armbrister, Bivins)

 1-3           (In the Senate - Received from the House April 27, 1997;

 1-4     April 27, 1997, read first time and referred to Select Committee on

 1-5     Tax Reform and Public School Finance; May 8, 1997, reported

 1-6     adversely, with favorable Committee Substitute by the following

 1-7     vote:  Yeas 10, Nays 1; May 8, 1997, sent to printer.)

 1-8     COMMITTEE SUBSTITUTE FOR H.B. No. 4         By:  Armbrister, Bivins

 1-9                            A BILL TO BE ENTITLED

1-10                                   AN ACT

1-11     relating to funding public elementary and secondary schools and

1-12     providing property tax relief and equity and to the imposition,

1-13     administration, enforcement, and collection of, and allocation of

1-14     the revenue from, various state and local taxes; providing

1-15     penalties; making an appropriation.

1-16           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-17                         ARTICLE 1.  SCHOOL FINANCE

1-18           SECTION 1.01.  Section 41.002(a), Education Code, is amended

1-19     to read as follows:

1-20           (a)  Except as otherwise provided by this section, a [A]

1-21     school district may not have a wealth per student that exceeds

1-22     $330,000.  Beginning with the 1999-2000 school year, the wealth per

1-23     student that a district may have for the school years in a state

1-24     fiscal biennium is increased or decreased by the percentage by

1-25     which the statewide average wealth per student has increased or

1-26     decreased during the preceding biennium [$280,000].

1-27           SECTION 1.02.  Section 41.093, Education Code, is amended to

1-28     read as follows:

1-29           Sec. 41.093.  COST.  The cost of each credit is an amount

1-30     equal to the greater of:

1-31                 (1)  the amount of the district's maintenance and

1-32     operations [total] tax revenue per student in weighted average

1-33     daily attendance for the school year for which the contract is

1-34     executed; or

1-35                 (2)  the amount of the statewide district average of

1-36     maintenance and operations [total] tax revenue per student in

1-37     weighted average daily attendance for the school year preceding the

1-38     school year for which the contract is executed.

1-39           SECTION 1.03.  Section 42.152, Education Code, is amended by

1-40     amending Subsection (c) and adding Subsections (q) and (r) to read

1-41     as follows:

1-42           (c)  Funds allocated under this section, other than an

1-43     indirect cost allotment established under State Board of Education

1-44     rule, which may not exceed 15 percent, may [must] be used only in

1-45     providing compensatory education and accelerated instruction

1-46     programs under Section 29.081 and may only be spent to improve and

1-47     enhance programs and services funded under the regular education

1-48     program.  A district's compensatory education allotment may only be

1-49     used for costs supplementary to the regular program, such as costs

1-50     for program and student evaluation, instructional materials and

1-51     equipment and other supplies required for quality instruction,

1-52     supplemental staff expenses, salary supplements for teachers,

1-53     smaller class size, and individualized instruction  [, and the

1-54     district must account for the expenditure of state funds by program

1-55     and by campus under existing agency reporting and auditing

1-56     procedures.  Funds allocated under this section, other than the

1-57     indirect cost allotment, shall only be expended to improve and

1-58     enhance programs and services funded under the regular education

1-59     program].  A home-rule school district or an open-enrollment

1-60     charter school must use funds allocated under Subsection (a) to

1-61     provide compensatory education services but is not otherwise

1-62     subject to Subchapter C, Chapter 29.

1-63           (q)  The State Board of Education, with the assistance of the

1-64     state auditor and the comptroller, shall develop and implement by

 2-1     rule a reporting and auditing system for district and campus

 2-2     expenditures of compensatory education funds to ensure that

 2-3     compensatory education funds, other than the indirect cost

 2-4     allotment, are spent only to supplement the regular program.  The

 2-5     commissioner, in the year following an audit of compensatory

 2-6     education expenditures, shall withhold from a district's foundation

 2-7     school fund payment an amount equal to the amount of compensatory

 2-8     education funds the agency determines were not used in compliance

 2-9     with Subsection (c).  The commissioner shall release to a district

2-10     funds withheld under this subsection when the district provides to

2-11     the commissioner a detailed plan to spend those funds in compliance

2-12     with Subsection (c).

2-13           (r)  Subsection (q) applies beginning with the 1998-1999

2-14     school year.  For the 1997-1998 school year, a school district

2-15     shall account for the expenditure of funds allocated under

2-16     Subsection (a)  by program and by campus under existing agency

2-17     reporting and auditing procedures.  The board, state auditor, and

2-18     comptroller shall develop the reporting and auditing system

2-19     required by Subsection (q) not later than August 1, 1998.  This

2-20     subsection expires September 1, 1999.

2-21           SECTION 1.04.  Section 42.253, Education Code, is amended by

2-22     adding Subsection (e-1) to read as follows:

2-23           (e-1)  Notwithstanding Subsection (e), the amount to which a

2-24     district is entitled under this section for the 1997-1998 and

2-25     1998-1999 school  years may not exceed the amount to which the

2-26     district would be entitled at a tax rate equal to the rate

2-27     necessary to generate the same amount of state and local funds

2-28     under the Foundation School Program, exclusive of adjustments under

2-29     Subsection (i), to which the district would have been entitled in

2-30     the 1996-1997 school year, using student counts and property values

2-31     for the 1996-1997 school year and the funding elements in place for

2-32     the 1997-1998 school year.  For purposes of this subsection, the

2-33     amount of state and local revenue under the Foundation School

2-34     Program to which a district would have been entitled in the

2-35     1996-1997 school year is computed at the total tax rate of the

2-36     district without regard to the limit under Subsection (e)

2-37     restricting the amount of state aid to the district's tax rate in

2-38     the 1994-1995 school year.  The amount of local revenue to which a

2-39     district would have been entitled in the 1996-1997 school year

2-40     under this subsection is computed after a district has exercised

2-41     options to the extent required by Chapter 41.  This subsection

2-42     expires September 1, 1999.

2-43           SECTION 1.05.  Section 42.302, Education Code, is amended to

2-44     read as follows:

2-45           Sec. 42.302.  ALLOTMENT.  (a)  Each school district is

2-46     guaranteed a specified amount per weighted student in state and

2-47     local funds for each cent of tax effort over that required for the

2-48     district's local fund assignment up to the maximum level specified

2-49     in this subchapter.  The amount of state support, subject only to

2-50     the maximum amount under Section 42.303, is determined by the

2-51     formula:

2-52                     GYA = (GL X WADA X DTR X 100) - LR

2-53     where:

2-54           "GYA" is the guaranteed yield amount of state funds to be

2-55     allocated to the district;

2-56           "GL" is the dollar amount guaranteed level of state and local

2-57     funds per weighted student per cent of tax effort, which is $29.60

2-58     [$20.55] or a greater amount for any year provided by

2-59     appropriation, or a greater amount adopted by the foundation school

2-60     fund budget committee under Section 42.256(d);

2-61           "WADA" is the number of students in weighted average daily

2-62     attendance, which is calculated by dividing the sum of the school

2-63     district's allotments under Subchapters B and C, less any allotment

2-64     to the district for transportation and 50 percent of the adjustment

2-65     under Section 42.102, by the basic allotment for the applicable

2-66     year;

2-67           "DTR" is the district enrichment and facilities tax rate of

2-68     the school district, which is determined by subtracting the amounts

2-69     specified by Subsection (b) from the total amount of taxes

 3-1     collected by the school district for the applicable school year and

 3-2     dividing the difference by the quotient of the district's taxable

 3-3     value of property as determined under Subchapter M, Chapter 403,

 3-4     Government Code, divided by 100; and

 3-5           "LR" is the local revenue, which is determined by multiplying

 3-6     "DTR" by the quotient of the district's taxable value of property

 3-7     as determined under Subchapter M, Chapter 403, Government Code,

 3-8     divided by 100.

 3-9           (b)  In computing the district enrichment and facilities tax

3-10     rate of a school district, the total amount of taxes collected by

3-11     the school district does not include the amount of:

3-12                 (1)  the district's local fund assignment under Section

3-13     42.252; or

3-14                 (2)  taxes collected to pay bonds that are being paid

3-15     with state and local funds under Chapter 46 [the local share of the

3-16     cost of an instructional facility for which the district receives

3-17     state assistance under Subchapter H].

3-18           SECTION 1.06.  Title 2, Education Code, is amended by adding

3-19     Chapter 46 to read as follows:

3-20                  CHAPTER 46.  SCHOOL FACILITIES ALLOTMENT

3-21           Sec. 46.001.  SCHOOL FACILITIES ALLOTMENT.  (a)  For each

3-22     year, a school district is guaranteed a specified amount per

3-23     student in state and local funds for each cent of tax effort, up to

3-24     the maximum rate under Subsection (b), to pay the principal of and

3-25     interest on eligible bonds.  The amount of state support is

3-26     determined by the formula:

3-27              FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))

3-28     where:

3-29           "FYA" is the guaranteed facilities yield amount of state

3-30     funds allocated to the district for the year;

3-31           "FYL" is the dollar amount guaranteed level of state and

3-32     local funds per student per cent of tax effort, which is $33 or a

3-33     greater amount for any year provided by appropriation;

3-34           "ADA" is the number of students in average daily attendance

3-35     in the district;

3-36           "BTR" is the district's bond tax rate for the current year,

3-37     which is determined by dividing the amount of taxes budgeted to be

3-38     collected by the district for payment of eligible bonds by the

3-39     quotient of the district's taxable value of property as determined

3-40     under Subchapter M, Chapter 403, Government Code, divided by 100;

3-41     and

3-42           "DPV" is the district's taxable value of property as

3-43     determined under Subchapter M, Chapter 403, Government Code.

3-44           (b)  For purposes of this section, the bond tax rate under

3-45     Subsection (a) may not exceed the lesser of:

3-46                 (1)  the rate necessary for the current year, using

3-47     state funds under Subsection (a), to make payments of principal and

3-48     interest on the bonds for which the tax is pledged; or

3-49                 (2)  $0.20 per $100 of valuation.

3-50           (c)  Bonds are eligible to be paid with state and local funds

3-51     under this section if:

3-52                 (1)  taxes to pay the principal of and interest on the

3-53     bonds were first levied in the 1997-1998 school year or a later

3-54     school year;

3-55                 (2)  the bonds are guaranteed by the permanent school

3-56     fund as provided by Subchapter C, Chapter 45; and

3-57                 (3)  the bonds do not have a weighted average maturity

3-58     of less than eight years and may not be called for redemption

3-59     earlier than 10 years after the date of issuance.

3-60           (d)  A district may use state funds received under this

3-61     section only to pay the principal of and interest on the bonds for

3-62     which the district received the funds.

3-63           (e)  The board of trustees and voters of a school district

3-64     shall determine district needs concerning construction,

3-65     acquisition, renovation, or improvement of school facilities.

3-66           Sec. 46.002.  REFUNDING BONDS.  A school district may use

3-67     state funds received under this chapter to pay the principal of and

3-68     interest on refunding bonds that:

3-69                 (1)  are issued to refund bonds eligible under Section

 4-1     46.001;

 4-2                 (2)  do not have a final maturity date later than the

 4-3     final maturity date of the bonds being refunded;

 4-4                 (3)  may not be called for redemption earlier than the

 4-5     earliest call date of the bonds being refunded; and

 4-6                 (4)  result in a present value savings, which is

 4-7     determined by computing the net present value of the difference

 4-8     between each scheduled payment on the original bonds and each

 4-9     scheduled payment on the refunding bonds.  The present value

4-10     savings shall be calculated at the true interest cost of the

4-11     refunding bonds.

4-12           Sec. 46.003.  PAYMENT OF SCHOOL FACILITIES ALLOTMENTS.

4-13     (a)  For each school year, the commissioner shall determine the

4-14     amount of money to which each school district is entitled under

4-15     Section 46.001.

4-16           (b)  If the amount appropriated for purposes of Section

4-17     46.001  for a year is less than the total amount determined under

4-18     Subsection (a) for that year, the commissioner shall:

4-19                 (1)  transfer from the Foundation School Program to the

4-20     school facilities program the amount by which the total amount

4-21     determined under Subsection (a) exceeds the amount appropriated;

4-22     and

4-23                 (2)  reduce each district's foundation school fund

4-24     allocations in the manner provided by Section 42.253.

4-25           (c)  Warrants for payments under this chapter shall be

4-26     approved and transmitted to school district treasurers or

4-27     depositories in the same manner as warrants for payments under

4-28     Chapter 42.

4-29           (d)  Payments under this chapter shall be made semiannually

4-30     on dates selected by the school district and approved by the

4-31     commissioner to enable the district to meet scheduled bond

4-32     payments.

4-33           (e)  Section 42.258 applies to payments under this chapter.

4-34           Sec. 46.004.  SALE OF SCHOOL FACILITY FINANCED WITH SCHOOL

4-35     FACILITIES ALLOTMENT.  (a)  If a school facility financed by bonds

4-36     paid with state and local funds under Section 46.001 is sold before

4-37     the bonds are fully paid, the school district shall send to the

4-38     comptroller an amount equal to the district's net proceeds from the

4-39     sale multiplied by a percentage determined by dividing the amount

4-40     of state funds under this subchapter used to pay the principal of

4-41     and interest on the bonds by the total amount of principal and

4-42     interest paid on the bonds with funds other than the proceeds of

4-43     the sale.

4-44           (b)  In this section, "net proceeds" means the difference

4-45     between the total amount received from the sale less:

4-46                 (1)  the amount necessary to fully pay the outstanding

4-47     principal of and interest on the bonds; and

4-48                 (2)  the school district's costs of the sale, as

4-49     approved by the commissioner.

4-50           SECTION 1.07.  Section 21.401, Education Code, is amended to

4-51     read as follows:

4-52           Sec. 21.401.  MINIMUM SERVICE REQUIRED.  (a)  A contract

4-53     between a school district and an educator must be for a minimum of

4-54     10 months' service.

4-55           (a-1)  For the 1997-1998 and 1998-1999 school years

4-56     [1995-1996 school year], an educator employed under a 10-month

4-57     contract must provide a minimum of 185 [183] days of service.  This

4-58     subsection expires September 1, 1999 [1997].

4-59           [(a-2)  For the 1996-1997 school year, an educator employed

4-60     under a 10-month contract must provide a minimum of 185 days of

4-61     service.  This subsection expires September 1, 1997.]

4-62           (b)  An educator employed under a 10-month contract must

4-63     provide a minimum number of days of service as determined by the

4-64     following formula:

4-65                  MDS = 185 + (0.33 X (GL1 - GL2)(GL2/185)

4-66                            [(R1 - R2)/(R2/183)])

4-67     where:

4-68           "MDS" is the minimum number of days of service;

4-69           "GL1" ["R1"] is equal to the guaranteed level of state and

 5-1     local funds per student per cent of tax effort as provided by

 5-2     Section 42.302 [FSP/ADA as determined under Section 21.402] for the

 5-3     fiscal year; and

 5-4           "GL2" ["R2"] is equal to the guaranteed level of state and

 5-5     local funds per student per cent of tax effort as provided by

 5-6     Section 42.302 [FSP/ADA as determined under Section 21.402] for the

 5-7     1998-1999 [1994-1995] school year.

 5-8           (b-1)  Subsection (b) applies beginning with the 1999-2000

 5-9     [1997-1998] school year.  This subsection expires January 1, 2000

5-10     [1998].

5-11           (c)  The result of the formula prescribed by Subsection (b)

5-12     shall be rounded to the nearest whole number.

5-13           (d)  The commissioner, as provided by Section 25.081(b), may

5-14     reduce the number of days of service required by this section.  A

5-15     reduction by the commissioner does not reduce an educator's salary.

5-16           SECTION 1.08.  Subchapter I, Chapter 21, Education Code, is

5-17     amended by adding Section 21.4011 to read as follows:

5-18           Sec. 21.4011.  MINIMUM SALARY SCHEDULE FOR CLASSROOM TEACHERS

5-19     AND FULL-TIME LIBRARIANS FOR 1997-1998 AND 1998-1999 SCHOOL YEARS.

5-20     (a)  This section applies only to the 1997-1998 and 1998-1999

5-21     school years.

5-22           (b)  Except as provided by Subsection (d), a school district

5-23     must pay each classroom teacher or full-time librarian not less

5-24     than the minimum monthly salary, based on the employee's level of

5-25     experience, as follows:

5-26     Years Experience         0         1         2         3         4

5-27     Minimum Salary        1,995     2,049     2,103     2,157     2,271

5-28     Years Experience         5         6         7         8         9

5-29     Minimum Salary        2,384     2,498     2,604     2,704     2,798

5-30     Years Experience        10        11        12        13        14

5-31     Minimum Salary        2,887     2,972     3,052     3,127     3,198

5-32     Years Experience        15        16        17        18        19

5-33     Minimum Salary        3,265     3,329     3,389     3,446     3,500

5-34     Years Experience  20 and over

5-35     Minimum Salary        3,551

5-36           (c)  Placement of a classroom teacher or full-time librarian

5-37     on the minimum salary schedule provided by this section is

5-38     determined in accordance with Section 21.403.

5-39           (d)  Notwithstanding Subsection (b), a teacher or librarian

5-40     who received a career ladder supplement on August 31, 1993, is

5-41     entitled to at least the same gross monthly salary the teacher or

5-42     librarian received for the 1994-1995 school year as long as the

5-43     teacher or librarian is employed by the same district.

5-44           (e)  In this section, "gross monthly salary" must include the

5-45     amount a teacher or librarian received that represented a career

5-46     ladder salary supplement under Section 16.057, as that section

5-47     existed January 1, 1993.

5-48           (f)  This section expires September 1, 1999.

5-49           SECTION 1.09.  Section 21.402, Education Code, is amended to

5-50     read as follows:

5-51           Sec. 21.402.  MINIMUM SALARY SCHEDULE FOR CLASSROOM TEACHERS

5-52     AND FULL-TIME LIBRARIANS.  (a)  Except as provided by Subsection

5-53     (c) or (d) [or (e)], a school district must pay each classroom

5-54     teacher or full-time librarian not less than the minimum monthly

5-55     salary, based on the employee's level of experience, determined by

5-56     the following formula:

5-57                          MS = SF X GL [(FSP/ADA)]

5-58     where:

5-59           "MS" is the minimum monthly salary;

5-60           "SF" is the applicable salary factor specified by Subsection

5-61     (c); and

5-62           "GL" is the guaranteed level of state and local funds per

5-63     student per cent of tax effort provided by Section 42.302 ["FSP" is

5-64     the amount appropriated in the General Appropriations Act for the

5-65     fiscal year for the Foundation School Program, as determined by the

5-66     commissioner as provided by Subsection (b); and]

5-67           ["ADA" is the total estimated average daily attendance, as

5-68     defined by Section 42.005, used for purposes of the General

5-69     Appropriations Act for the fiscal year].

 6-1           (b)  [Not later than June 1 of each year, the commissioner

 6-2     shall determine the amount appropriated for purposes of Chapter 42

 6-3     for the state fiscal year beginning September 1.  The commissioner

 6-4     shall exclude from the determination:]

 6-5                 [(1)  amounts designated solely for use in connection

 6-6     with school facilities or for payment of principal of and interest

 6-7     on bonds; and]

 6-8                 [(2)  local funds received under Subchapter D, Chapter

 6-9     41.]

6-10           [(c)]  The salary factors per step are as follows: 

6-11     Years Experience              0                    1                   2

6-12     Salary Factor       67.3986  [.8470]    69.2230  [.8699]   71.0473  [.8928]

6-13     Years Experience              3                    4                   5

6-14     Salary Factor       72.8716  [.9156]    76.7230  [.9639]   80.5405 [1.0122]

6-15     Years Experience              6                    7                   8

6-16     Salary Factor       84.3919 [1.0605]    87.9730 [1.1054]   91.3514 [1.1477]

6-17     Years Experience              9                   10                  11

6-18     Salary Factor       94.5270 [1.1879]    97.5338 [1.2256]  100.4054 [1.2616]

6-19     Years Experience             12                   13                  14

6-20     Salary Factor      103.1081 [1.2955]   105.6419 [1.3273]  108.0405 [1.3578]

6-21     Years Experience             15                   16                  17

6-22     Salary Factor      110.3041 [1.3862]   112.4662 [1.4133]  114.4932 [1.4387]

6-23     Years Experience             18                   19              20 and over

6-24     Salary Factor      116.4189 [1.4628]   118.2432 [1.4857]  119.9662 [1.5073]

6-25           (c) [(d)]  If the minimum monthly salary determined under

6-26     Subsection (a)  for a particular level of experience is less than

6-27     the minimum monthly salary for that level of experience in the

6-28     preceding year, the minimum monthly salary is the minimum monthly

6-29     salary for the preceding year.

6-30           (d) [(e)]  Notwithstanding Subsection (a), a teacher or

6-31     librarian who received a career ladder supplement on August 31,

6-32     1993, is entitled to at least the same gross monthly salary the

6-33     teacher or librarian received for the 1994-1995 school year as long

6-34     as the teacher or librarian is employed by the same district.

6-35           (e) [(f)]  In this section, "gross monthly salary" must

6-36     include the amount a teacher or librarian received that represented

6-37     a career ladder salary supplement under Section 16.057, as that

6-38     section existed January 1, 1993.

6-39           (f)  This section applies beginning with the 1999-2000 school

6-40     year.  This subsection expires January 1, 2000.

6-41           SECTION 1.10.  Section 45.061, Education Code, is amended to

6-42     read as follows:

6-43           Sec. 45.061.  REIMBURSEMENT OF PERMANENT SCHOOL FUND.  (a)

6-44     If the commissioner orders payment from the permanent school fund

6-45     on behalf of a school district, the commissioner shall direct the

6-46     comptroller to withhold the amount paid, plus interest, from the

6-47     first state money payable to the school district, other than money

6-48     to which the school district is entitled under Chapter 46.  The

6-49     amount withheld shall be deposited to the credit of the permanent

6-50     school fund.

6-51           (b)  If the commissioner orders payment from the permanent

6-52     school fund in connection with bonds that were, before default,

6-53     being paid  with state and local funds under Chapter 46 and the

6-54     commissioner finds the default is caused by the failure to

6-55     appropriate sufficient funds to make a payment to the district

6-56     under Section 46.003, the commissioner shall:

6-57                 (1)  withhold under Subsection (a) only that portion of

6-58     the amount paid from the permanent school fund that is

6-59     proportionate to the school district's local share under Chapter

6-60     46; and

6-61                 (2)  transfer from the foundation school fund to the

6-62     permanent school fund that portion of the amount paid from the

6-63     permanent school fund that is proportionate to the state's share

6-64     under Chapter 46.

6-65           (c)  In accordance with the rules of the board, the

6-66     commissioner may authorize reimbursement to the permanent school

6-67     fund with interest in a manner other than that provided by this

6-68     section.

6-69           SECTION 1.11.  Section 41.009(b), Education Code, is amended

 7-1     to read as follows:

 7-2           (b)  The commissioner shall determine the wealth per student

 7-3     of a school district under this chapter as if any tax abatement

 7-4     agreement executed under Chapter 312, Tax Code, by a school

 7-5     district on or after May 31, 1993, had not been executed.

 7-6           SECTION 1.12.  Section 403.302(d), Government Code, is

 7-7     amended to read as follows:

 7-8           (d)  For the purposes of this section, "taxable value" means

 7-9     market value less:

7-10                 (1)  the total dollar amount of any exemptions of part

7-11     but not all of the value of taxable property required by the

7-12     constitution or a statute that a district lawfully granted in the

7-13     year that is the subject of the study;

7-14                 (2)  the total dollar amount of:

7-15                       (A)  any exemptions granted before May 31, 1993,

7-16     within a reinvestment zone under agreements authorized by Chapter

7-17     312, Tax Code; and

7-18                       (B)  any exemptions granted within a reinvestment

7-19     zone under contracts authorized by Chapter 313, Tax Code;

7-20                 (3)  the total dollar amount of any captured appraised

7-21     value of property that is located in a reinvestment zone and that

7-22     is eligible for tax increment financing under Chapter 311, Tax

7-23     Code;

7-24                 (4)  the total dollar amount of any exemptions granted

7-25     under Section 11.251, Tax Code;

7-26                 (5)  the difference between the market value and the

7-27     productivity value of land that qualifies for appraisal on the

7-28     basis of its productive capacity, except that the productivity

7-29     value may not exceed the fair market value of the land;

7-30                 (6)  the portion of the appraised value of residence

7-31     homesteads of the elderly on which school district taxes are not

7-32     imposed in the year that is the subject of the study, calculated as

7-33     if the residence homesteads were appraised at the full value

7-34     required by law;

7-35                 (7)  a portion of the market value of property not

7-36     otherwise fully taxable by the district at market value because of

7-37     action required by statute or the constitution of this state that,

7-38     if the tax rate adopted by the district is applied to it, produces

7-39     an amount equal to the difference between the tax that the district

7-40     would have imposed on the property if the property were fully

7-41     taxable at market value and the tax that the district is actually

7-42     authorized to impose on the property; and

7-43                 (8)  the market value of all tangible personal

7-44     property, other than manufactured homes, owned by a family or

7-45     individual and not held or used for the production of income.

7-46           SECTION 1.13.  Subchapter H, Chapter 42, Education Code, is

7-47     repealed.

7-48           SECTION 1.14.  This article applies beginning with the

7-49     1997-1998 school year.

7-50           SECTION 1.15.  An obligation or entitlement of a school

7-51     district in connection with state funding for the 1996-1997 or an

7-52     earlier school year under Chapters 41 and 42, Education Code, as

7-53     those chapters existed before amendment or repeal by this article,

7-54     is not affected by this Act, and the prior law is continued in

7-55     effect for that purpose.

7-56           SECTION 1.16.  (a)  For the 1997 tax year, a school district

7-57     may not:

7-58                 (1)  adopt a tax rate for purposes of maintenance and

7-59     operations before September 1, 1997; or

7-60                 (2)  levy or collect a tax for purposes of maintenance

7-61     and operations at a rate adopted before September 1, 1997.

7-62           (b)  This Act does not affect the validity of a tax imposed

7-63     by a school district for the 1996 tax year or an earlier tax year.

7-64                          ARTICLE 2.  PROPERTY TAX

7-65           SECTION 2.01.  Section 11.26, Tax Code, is amended by

7-66     amending Subsection (b) and adding Subsections (g), (h), and (i) to

7-67     read as follows:

7-68           (b)  If an individual makes improvements to the individual's

7-69     [his] residence homestead, other than improvements required to

 8-1     comply with governmental requirements or repairs, the school

 8-2     district may increase the tax on the homestead in the first year

 8-3     the value of the homestead is increased on the appraisal roll

 8-4     because of the enhancement of value by the improvements.  The

 8-5     amount of the tax increase is determined by applying the current

 8-6     tax rate to the difference in the assessed value of the homestead

 8-7     with the improvements and the assessed value it would have had

 8-8     without the improvements.  The limitations imposed by Subsection

 8-9     (a), (g), or (h), as applicable, [of this section] then apply to

8-10     the increased amount of tax until more improvements, if any, are

8-11     made.

8-12           (g)  This subsection applies only to an individual 65 years

8-13     of age or older who qualified the individual's residence homestead

8-14     for the limitation provided by Section 1-b(d), Article VIII, Texas

8-15     Constitution, before January 1, 1998, or to a surviving spouse who

8-16     qualified for the limitation provided by Section 1-b(d) for a

8-17     surviving spouse before that date.  Except as provided by

8-18     Subsection (b), the maximum amount of tax that a school district

8-19     may impose in a tax year beginning on or after January 1, 1998, on

8-20     the residence homestead of the individual or surviving spouse is

8-21     the lesser of:

8-22                 (1)  the total amount of taxes the district imposed on

8-23     the residence homestead in the first year the individual or

8-24     surviving spouse qualified the residence homestead for the

8-25     applicable limitation; or

8-26                 (2)  the amount computed by multiplying the district's

8-27     1997 tax rate by the 1997 taxable value of the residence homestead.

8-28           (h)  Except as provided by Subsection (b), if an individual

8-29     who receives a limitation on tax increases imposed by this section

8-30     subsequently qualifies a different residence homestead for an

8-31     exemption under Section 11.13, a school district may not impose ad

8-32     valorem taxes on the subsequently qualified homestead in a year in

8-33     an amount that exceeds the amount of taxes the school district

8-34     would have imposed on the subsequently qualified homestead in the

8-35     first year in which the individual receives that exemption for the

8-36     subsequently qualified homestead had the limitation on tax

8-37     increases imposed by this section not been in effect, multiplied by

8-38     a fraction the numerator of which is the total amount of school

8-39     district taxes imposed on the former homestead in the last year in

8-40     which the individual received that exemption for the former

8-41     homestead and the denominator of which is the total amount of

8-42     school district taxes that would have been imposed on the former

8-43     homestead in the last year in which the individual received that

8-44     exemption for the former homestead had the limitation on tax

8-45     increases imposed by this section not been in effect.

8-46           (i)  An individual who receives a limitation on tax increases

8-47     under this section and who subsequently qualifies a different

8-48     residence homestead for an exemption under Section 11.13, or an

8-49     agent of the individual, is entitled to receive from the chief

8-50     appraiser of the appraisal district in which the former homestead

8-51     was located a written certificate providing the information

8-52     necessary to determine whether the individual may qualify for a

8-53     limitation on the subsequently qualified homestead under Subsection

8-54     (h) and to calculate the amount of taxes the school district may

8-55     impose on the subsequently qualified homestead.

8-56           SECTION 2.02.  Section 26.08, Tax Code, is amended to read as

8-57     follows:

8-58           Sec. 26.08.  ELECTION TO RATIFY [LIMIT] SCHOOL TAXES.

8-59     (a)  If the governing body of a school district adopts a rate that

8-60     exceeds the [sum of the] district's rollback tax [effective

8-61     maintenance] rate, [the rate of $0.08, and the district's current

8-62     debt rate,] the registered voters of the district at an election

8-63     held for that purpose must determine whether to approve the adopted

8-64     [limit the] tax rate [the governing body may adopt for the current

8-65     year to the school district rollback tax rate].  When increased

8-66     expenditure of money by a school district is necessary to respond

8-67     to a disaster, including a tornado, hurricane, flood, or other

8-68     calamity, but not including a drought, that has impacted a school

8-69     district and the governor has requested federal disaster assistance

 9-1     for the area in which the school district is located, an election

 9-2     is not required under this section to approve [limit] the tax rate

 9-3     adopted by the governing body [may adopt] for the year following

 9-4     the year in which the disaster occurs.

 9-5           (a-1)  Subsection (a)  does not apply to the 1997 tax year.

 9-6     For the 1997 tax year, a school district may not adopt a rate for

 9-7     maintenance and operations purposes that exceeds a rate equal to

 9-8     the sum of:

 9-9                 (1)  the rate necessary for the district to receive

9-10     and, if the district was required to take action under Chapter 41,

9-11     Education Code, to achieve the equalized wealth level, retain an

9-12     amount of state and local funding per weighted student that is

9-13     equal to the amount of state and local funding per weighted student

9-14     for maintenance and operations to which the district would be

9-15     entitled at the limit for state aid under Section 42.253(e-1),

9-16     Education Code; and

9-17                 (2)  $0.05 per $100 of taxable value.

9-18           (a-2)  For purposes of Subsection (a-1), state and local

9-19     funding for purposes of maintenance and operations:

9-20                 (1)  includes local tax receipts, subject to the

9-21     provisions of Chapter 41, Education Code, and state aid under

9-22     Chapter 42, Education Code; and

9-23                 (2)  does not include:

9-24                       (A)  adjustments under Section 42.253(i),

9-25     Education Code, attributable to the 1996-1997 or an earlier school

9-26     year; or

9-27                       (B)  funding based on the computation of average

9-28     daily attendance for attendance in an extended year program under

9-29     Section 29.082, Education Code, as provided by Section 42.005(a),

9-30     Education Code.

9-31           (a-3)  A formula by which a school district may compute the

9-32     tax rate authorized by Subsection (a-1) adopted jointly by the

9-33     commissioner of education and the comptroller before September 1,

9-34     1997, is valid and shall be used by school districts.  The tax rate

9-35     computed under Subsection (a-1) must be included in the items of

9-36     information required to be included in a notice of public hearing

9-37     required under Section 26.06.  This subsection and Subsections

9-38     (a-1) and (a-2) expire January 1, 1999.

9-39           (b)  The governing body shall order that the [an] election be

9-40     held in the school district on a date not less than 30 or more than

9-41     90 days after the day on which it adopted the tax rate. Section

9-42     41.001, Election Code, does not apply to the election unless a date

9-43     specified by that section falls within the time permitted by this

9-44     section.   At the election, the ballots shall be prepared to permit

9-45     voting for or against the proposition:  "Approving [Limiting] the

9-46     ad valorem tax rate of $_____ per $100 valuation in (name of school

9-47     district) for the current year, a rate that is $_____ higher per

9-48     $100 valuation than [from (the rate adopted) to (]the school

9-49     district rollback tax rate[)]."  The ballot proposition must

9-50     include the adopted tax rate and the difference between that rate

9-51     and the rollback tax rate in the appropriate places.

9-52           (c)  If [a majority of the votes cast in the election favor]

9-53     the proposition fails, the [governing body may not adopt a] tax

9-54     rate for the school district for the current year is [that exceeds]

9-55     the school district rollback tax rate [calculated for that year

9-56     using the following formula:]

9-57     [ROLLBACK TAX RATE = (ENROLLMENT ADJUSTMENT) (EFFECTIVE MAINTENANCE

9-58     AND OPERATIONS RATE FOR TAX YEAR) + $0.08 + CURRENT DEBT RATE

9-59     where:]

9-60                 [(1)  "tax year" denotes amounts used in calculating

9-61     the rollback tax rate in the year immediately preceding the year in

9-62     which the tax increase that initiated the referendum occurred

9-63     rather than the year in which the calculation occurs; and]

9-64                 [(2)  "enrollment adjustment" is computed by dividing

9-65     the current year's projected fall enrollment, as defined by the

9-66     Texas Education Agency, by last year's enrollment but may not be

9-67     less than 1.0].

9-68           (d)  If a majority of the votes cast in the election favor

9-69     the proposition, the tax rate for the current year is the rate

 10-1    adopted by the governing body.

 10-2          (e)  For purposes of this section, local tax funds dedicated

 10-3    to a junior college district under Section 45.105(e), Education

 10-4    Code, shall be eliminated from the calculation of the tax rate

 10-5    adopted by the governing body of the school district.  However, the

 10-6    funds dedicated to the junior college district are subject to

 10-7    Section 26.085.

 10-8          (f) [(e)]  If a school district is certified by the

 10-9    commissioner of education under Section 42.251(c), Education Code,

10-10    to have been subject to a reduction in total revenue for the school

10-11    year ending on August 31 of the tax year:

10-12                (1)  the district's effective maintenance and

10-13    operations rate for the tax year is calculated as provided by

10-14    Section 26.012, except that last year's levy is reduced by the

10-15    amount of taxes imposed in the preceding year, if any, to offset

10-16    the amount of the reduction certified by the commissioner; and

10-17                (2)  the district's rollback tax rate for the tax year

10-18    [calculated as provided by Section 26.04 or by Subsection (c), as

10-19    applicable,] is increased by the tax rate that, if applied to the

10-20    current total value for the school district, would impose taxes in

10-21    an amount equal to the amount of the reduction certified by the

10-22    commissioner.

10-23          (g) [(f)]  In a school district that received distributions

10-24    from an equalization tax imposed under former Chapter 18, Education

10-25    Code, the effective rate of that tax as of the date of the county

10-26    unit system's abolition is added to the district's [effective

10-27    maintenance and operations rate under Subsections (a) and (c) of

10-28    this section in the calculation of the district's] rollback tax

10-29    rate.

10-30          (h) [(i)]  For purposes of this section, increases in taxable

10-31    values and tax levies occurring within a reinvestment zone under

10-32    [the provisions of] Chapter 311 (Tax Increment Financing Act), in

10-33    which the district is a participant, shall be eliminated from the

10-34    calculation of the tax rate adopted by the governing body of the

10-35    school district.

10-36          (i)  For purposes of this section, the rollback tax rate of a

10-37    school district is the sum of:

10-38                (1)  the tax rate that, applied to the current total

10-39    value for the district, would impose taxes in an amount that, when

10-40    added to state funds to be distributed to the district under

10-41    Chapter 42, Education Code, for the school year beginning in the

10-42    current tax year, would provide the same amount of state funds and

10-43    maintenance and operations taxes of the district per student in

10-44    weighted average daily attendance for that school year that was

10-45    available to the district in the preceding year;

10-46                (2)  the rate of $0.05 per $100 of taxable value; and

10-47                (3)  the district's current debt rate.

10-48          SECTION 2.03.  Section 311.002(4), Tax Code, is amended to

10-49    read as follows:

10-50                (4)  "Taxing unit" has the meaning assigned by Section

10-51    1.04, except that for a reinvestment zone created on or after

10-52    September 1, 1997, the term does not include a school district that

10-53    is subject to Chapter 42, Education Code, and that is organized

10-54    primarily to provide general elementary and secondary public

10-55    education.

10-56          SECTION 2.04.  Sections 311.003(e) and (f), Tax Code, are

10-57    amended to read as follows:

10-58          (e)  Not later than the 60th day before the date of the

10-59    public hearing required by Subsection (c), the governing body of

10-60    the municipality must notify in writing the governing body of each

10-61    taxing unit that levies real property taxes in the proposed

10-62    reinvestment zone that it intends to establish the zone.  The

10-63    notice must contain a description of the proposed boundaries of the

10-64    zone, the tentative plans for the development or redevelopment of

10-65    the zone, and an estimate of the general impact of the proposed

10-66    zone on property values and tax revenues.  The notice may be given

10-67    later than the 60th day before the date of the public hearing if

10-68    the governing body of each county [and school district] that levies

10-69    real property taxes in the proposed zone agrees to waive the

 11-1    requirement.

 11-2          (f)  A taxing unit may request additional information from

 11-3    the governing body of the municipality.  The governing body of the

 11-4    municipality shall provide the information requested to the extent

 11-5    practicable.  In addition to the notice required by Subsection (e),

 11-6    the governing body of the municipality shall make a formal

 11-7    presentation to the governing body of each county [or school

 11-8    district] that levies real property taxes in the proposed

 11-9    reinvestment zone.  The presentation must include a description of

11-10    the proposed boundaries of the zone, the tentative plans for the

11-11    development or redevelopment of the zone, and an estimate of the

11-12    general impact of the proposed zone on property values and tax

11-13    revenues.  The governing body of the municipality shall notify each

11-14    taxing unit that levies real property taxes in the proposed zone of

11-15    each presentation to be made to a county [or school district] under

11-16    this subsection.  Members of the governing body of each taxing unit

11-17    that levies real property taxes in the proposed zone may attend a

11-18    presentation under this subsection.  If agreed to by each [the]

11-19    county [or school districts] involved, the governing body of the

11-20    municipality may make a single presentation to more than one county

11-21    [or school district] governing body.

11-22          SECTION 2.05.  Section 311.006(c), Tax Code, is amended to

11-23    read as follows:

11-24          (c)  A municipality may not create a reinvestment zone or

11-25    change the boundaries of an existing reinvestment zone if the

11-26    proposed zone or proposed boundaries of the zone contain more than

11-27    15 percent of the total appraised value of real property taxable by

11-28    a county [or school district].

11-29          SECTION 2.06.  Section 311.009(b), Tax Code, is amended to

11-30    read as follows:

11-31          (b)  If the zone was designated under Section 311.005(a)(5),

11-32    the board of directors of the zone consists of nine members.  Each

11-33    [school district or] county that levies taxes on real property in

11-34    the zone may appoint one member of the board if the [school

11-35    district or] county has approved the payment of all or part of the

11-36    tax increment produced by the unit.  The member of the state senate

11-37    in whose district the zone is located is a member of the board, and

11-38    the member of the state house of representatives in whose district

11-39    the zone is located is a member of the board, except that either

11-40    may designate another individual to serve in the member's place at

11-41    the pleasure of the member.  If the zone is located in more than

11-42    one senate or house district, this subsection applies only to the

11-43    senator or representative in whose district a larger portion of the

11-44    zone is located than any other senate or house district, as

11-45    applicable.  The remaining members of the board are appointed by

11-46    the governing body of the municipality that created the zone.

11-47          SECTION 2.07.  Section 311.011, Tax Code, is amended by

11-48    amending Subsection (c), adding a new Subsection (f), and

11-49    redesignating existing Subsection (f) as Subsection (g) to read as

11-50    follows:

11-51          (c)  The reinvestment zone financing plan must include:

11-52                (1)  a detailed list describing the estimated project

11-53    costs of the zone, including administrative expenses;

11-54                (2)  a statement listing the kind, number, and location

11-55    of all proposed public works or public improvements in the zone;

11-56                (3)  an economic feasibility study;

11-57                (4)  the estimated amount of bonded indebtedness to be

11-58    incurred;

11-59                (5)  the time when related costs or monetary

11-60    obligations are to be incurred;

11-61                (6)  a description of the methods of financing all

11-62    estimated project costs and the expected sources of revenue to

11-63    finance or pay project costs, including the percentage of tax

11-64    increment to be derived from the property taxes of each taxing unit

11-65    that levies taxes on real property in the zone, except that a

11-66    project plan or reinvestment zone financing plan approved under

11-67    this section on or after September 1, 1997, may not include a tax

11-68    increment or any other funds derived from a school district as a

11-69    source of revenue to finance or pay project costs;

 12-1                (7)  the current total appraised value of taxable real

 12-2    property in the zone;

 12-3                (8)  the estimated captured appraised value of the zone

 12-4    during each year of its existence; and

 12-5                (9)  the duration of the zone.

 12-6          (f)  A project plan or reinvestment zone financing plan

 12-7    approved before September 1, 1997, may not be amended on or after

 12-8    September 1, 1997, to:

 12-9                (1)  increase the percentage of a tax increment to be

12-10    contributed by a school district to a tax increment fund;

12-11                (2)  increase the duration of time a school district is

12-12    to contribute to a tax increment fund;

12-13                (3)  allow a school district that was not included in

12-14    the originally approved project plan or reinvestment zone financing

12-15    plan to contribute a tax increment or any other funds to a tax

12-16    increment fund; or

12-17                (4)  allow a school district to pay into a tax

12-18    increment fund any additional tax increment or funds derived from

12-19    property added to the reinvestment zone under this section or

12-20    Section 311.007 or after September 1, 1997.

12-21          (g)  In a zone designated under Section 311.005(a)(5) that is

12-22    located in a county with a population of 2.1 million or more, the

12-23    project plan must provide that at least one-third of the surface

12-24    area of the zone, excluding roads, streets, highways, utility

12-25    rights-of-way, and other public areas or areas exempt from ad

12-26    valorem taxation, be dedicated to residential housing and that at

12-27    least one-third of the tax increment of the zone be dedicated to

12-28    providing low-income housing during the term of the zone.

12-29          SECTION 2.08.  Section 311.013(g), Tax Code, is amended to

12-30    read as follows:

12-31          (g)  A taxing unit is not required to pay into the tax

12-32    increment fund any of its tax increment produced from property

12-33    located in a reinvestment zone designated under Section

12-34    311.005(a)(5) or in an area added to a reinvestment zone under

12-35    Section 311.007(b) unless the taxing unit enters into an agreement

12-36    to do so with the governing body of the municipality that created

12-37    the zone.  A taxing unit may enter into an agreement under this

12-38    subsection at any time before or after the zone is created or

12-39    enlarged.  The agreement may include conditions for payment of that

12-40    tax increment into the fund and must specify the portion of the tax

12-41    increment to be paid into the fund and the years for which that tax

12-42    increment is to be paid into the fund.  A school district may not

12-43    enter into an agreement under this subsection on or after September

12-44    1, 1997.  An agreement entered into by a school district under this

12-45    subsection before September 1, 1997, may not be amended on or after

12-46    September 1, 1997, to include any of the conditions prohibited by

12-47    Section 311.011(f).  The agreement and the conditions in the

12-48    agreement are binding on the taxing unit, the municipality, and the

12-49    board of directors of the zone.

12-50          SECTION 2.09.  Section 312.002, Tax Code, is amended by

12-51    adding Subsections (e) and (f) to read as follows:

12-52          (e)  "Taxing unit" has the meaning assigned by Section 1.04,

12-53    except that for a tax abatement agreement executed on or after

12-54    September 1, 1997, the term does not include a school district that

12-55    is subject to Chapter 42, Education Code, and that is organized

12-56    primarily to provide general elementary and secondary public

12-57    education.

12-58          (f)  On or after September 1, 1997, a school district may not

12-59    enter into a tax abatement agreement under this chapter.

12-60          SECTION 2.10.  Section 312.208, Tax Code, is amended by

12-61    adding Subsection (c) to read as follows:

12-62          (c)  A tax abatement agreement entered into by a school

12-63    district before September 1, 1997, may not be modified on or after

12-64    September 1, 1997, to:

12-65                (1)  add property to be exempt from taxation by a

12-66    school district under the agreement;

12-67                (2)  increase the portion of the value of the property

12-68    exempt from taxation by a school district under the agreement; or

12-69                (3)  increase the duration of the participation by a

 13-1    school district under the agreement.

 13-2          SECTION 2.11.  Notwithstanding any other statute, a school

 13-3    district may not participate in a new tax abatement or tax

 13-4    increment financing agreement or expand an existing tax abatement

 13-5    or tax increment financing agreement after the effective date of

 13-6    this Act.

 13-7          SECTION 2.12.  Section 312.005(a), Tax Code, is amended to

 13-8    read as follows:

 13-9          (a)  The comptroller of public accounts [Texas Department of

13-10    Commerce] shall maintain a central registry of reinvestment zones

13-11    designated under this chapter and of ad valorem tax abatement

13-12    agreements executed under this chapter.  Each taxing unit that

13-13    designates a reinvestment zone or executes a tax abatement

13-14    agreement under this chapter shall deliver to the department and to

13-15    the comptroller before April 1 of the year following the year in

13-16    which the zone is designated or the agreement is executed a report

13-17    providing the following information:

13-18                (1)  for a reinvestment zone, a general description of

13-19    the zone, including its size, the types of property located in it,

13-20    its duration, and the guidelines and criteria established for the

13-21    reinvestment zone under Section 312.002, including subsequent

13-22    amendments and modifications of the guidelines or criteria; and

13-23                (2)  a copy of each tax abatement agreement to which

13-24    the taxing unit is a party[; and]

13-25                [(3)  any other information required by the comptroller

13-26    to administer Subchapter F, Chapter 111].

13-27          SECTION 2.13.  (a)  Subchapter F, Chapter 111, Tax Code, is

13-28    repealed.

13-29          (b)  The repeal of Subchapter F, Chapter 111, Tax Code, by

13-30    this Act applies only to an application for a refund filed with the

13-31    comptroller on or after the effective date of this Act.  An

13-32    application filed with the comptroller before the effective date of

13-33    this Act is covered by the law in effect immediately before the

13-34    effective date of this Act, and that law is continued in effect for

13-35    that purpose.

13-36          SECTION 2.14.  Subtitle B, Title 3, Tax Code, is amended by

13-37    adding Chapter 313 to read as follows:

13-38                    CHAPTER 313.  THE INVEST TEXAS ACT

13-39          Sec. 313.001.  SHORT TITLE.  This chapter may be cited as the

13-40    Invest Texas Act.

13-41          Sec. 313.002.  DEFINITIONS.  In this chapter:

13-42                (1)  "Affiliate" means a person who is affiliated with

13-43    another by directly or indirectly controlling or being controlled

13-44    by the other person or by being directly or indirectly under common

13-45    control with the other person.

13-46                (2)  "Control" means the direct or indirect ownership

13-47    of 75 percent or more of:

13-48                      (A)  the voting securities of a corporation;

13-49                      (B)  the equity interests of a partnership; or

13-50                      (C)  the ownership interests of any other entity.

13-51                (3)  "Deferred maintenance" means improvements

13-52    necessary for continued operations which do not improve

13-53    productivity or alter the process technology.

13-54                (4)  "Existing value" means the taxable value of the

13-55    property owner's real and personal property located on the property

13-56    January 1 of the year of the execution of the contract plus the

13-57    agreed upon value of real and personal property improvements made

13-58    after January 1 but before execution of the contract.

13-59                (5)  "Expand" means the addition of buildings,

13-60    structures, fixed machinery, or equipment for the purpose of

13-61    increasing production capacity.

13-62                (6)  "Modernize" means the replacement and upgrading of

13-63    existing facilities which increase the productive input or output,

13-64    update the technology, or substantially lower the cost of operation

13-65    and extend the economic life of the facility.  Modernization may

13-66    result from the construction, alteration, or installation of

13-67    buildings, structures, fixed machinery, or equipment, but shall not

13-68    be for the purpose of reconditioning, refurbishing, repairing, or

13-69    deferred maintenance.

 14-1                (7)  "Project" means one or more buildings, facilities,

 14-2    structures, or real property improvements which are either owned or

 14-3    leased by the same property owner or owned or leased by property

 14-4    owners who are affiliates of each other and located entirely within

 14-5    an area that has a radius of two miles or less.

 14-6                (8)  "Property owner" means an owner or lessee of any

 14-7    real property or real property improvements, including any

 14-8    affiliate of the owner or lessee.

 14-9                (9)  "School district" means an entity subject to

14-10    Chapter 42, Education Code, organized primarily to provide general

14-11    elementary and secondary public education.

14-12          Sec. 313.003.  EXEMPTIONS.  (a)  An owner of taxable real

14-13    property located in a school district may enter into a contract

14-14    with the governing body of a school district under this chapter to

14-15    exempt from ad valorem taxation, for a period not to exceed 10

14-16    years, all or a portion of the market value of real property, or

14-17    tangible personal property located on the real property, or both,

14-18    that exceeds:

14-19                (1)  $1 billion if the property owner proposes to

14-20    construct a new project on the real property;

14-21                (2)  $500 million if the property owner proposes to

14-22    expand or modernize a project on the real property; or

14-23                (3)  $0 if the property owner proposes to expand or

14-24    modernize a project on the real property if:

14-25                      (A)  the taxable value of the existing project is

14-26    at least $1 billion; and

14-27                      (B)  the property owner will pay ad valorem taxes

14-28    to a school district on the existing project during the term of the

14-29    contract.

14-30          (b)  Existing value is not eligible for a tax exemption under

14-31    this chapter.

14-32          Sec. 313.004.  AUTHORITY TO ENTER INTO A CONTRACT.  An owner

14-33    of taxable real property located in a school district may enter

14-34    into a contract with the governing body of a school district under

14-35    this chapter if:

14-36                (1)  the property owner is or will be subject to

14-37    taxation under Chapter 171;

14-38                (2)  the property owner has entered into a written

14-39    agreement that will remain in effect until the end of the tax

14-40    exemption period with the local workforce development board or

14-41    other public entity responsible for job placement, to give

14-42    preference in employment to persons served by the local workforce

14-43    development board or other public entity;

14-44                (3)  the property owner is not relocating from one

14-45    location in Texas to another;

14-46                (4)  the property to be covered by the contract is not

14-47    subject to tax abatement under Chapter 312 or tax increment

14-48    financing under Chapter 311 by a school district;

14-49                (5)  the property to be covered by the contract is

14-50    located in a reinvestment zone designated by a municipality under

14-51    Section 312.201 or a county under Section 312.401;

14-52                (6)  the governing body of the school district has held

14-53    a public hearing on the proposed contract;

14-54                (7)  the governing body of the school district has

14-55    adopted a resolution stating that:

14-56                      (A)  the property to be covered by the contract

14-57    is located in a reinvestment zone;

14-58                      (B)  the property to be covered by the contract

14-59    is not subject to tax abatement under Chapter 312 or tax increment

14-60    financing under Chapter 311 by a school district;

14-61                      (C)  the governing body has held the hearing

14-62    required by Subdivision (6); and

14-63                      (D)  the governing body is willing to enter into

14-64    the contract; and

14-65                (8)  the comptroller has authorized the owner and the

14-66    governing body of the school district to enter into the contract.

14-67          Sec. 313.005.  AUTHORIZATION OF COMPTROLLER.  (a)  A property

14-68    owner must apply to the comptroller for authorization to enter into

14-69    a contract under this chapter on a form prescribed by the

 15-1    comptroller.  The application must include:

 15-2                (1)  a copy of the proposed contract between the

 15-3    property owner and the school district;

 15-4                (2)  a copy of the most recent report required by

 15-5    Section 171.203 or a written statement that the property owner will

 15-6    be subject to taxation under Chapter 171;

 15-7                (3)  a copy of the agreement described by Section

 15-8    313.004(a)(2);

 15-9                (4)  a copy of the resolution described by Section

15-10    313.004(a)(7);

15-11                (5)  an economic impact analysis of the proposed

15-12    project which must include:

15-13                      (A)  an estimate of the annual amount of state

15-14    sales and use taxes and corporate franchise taxes to be generated

15-15    by the project;

15-16                      (B)  an estimate of any secondary economic

15-17    benefits to be generated by the project; and

15-18                      (C)  any other information required by the

15-19    comptroller; and

15-20                (6)  a nonrefundable application fee of $10,000.

15-21          (b)  The Invest Texas Account is created as a dedicated

15-22    account in the general revenue fund.  The application fee collected

15-23    by the comptroller shall be deposited into the Invest Texas Account

15-24    and may only be used to administer this chapter.

15-25          (c)  The comptroller shall:

15-26                (1)  perform an analysis to determine whether

15-27    implementation of the proposed contract will have a negative fiscal

15-28    impact on state revenue;

15-29                (2)  consider the economic impact analysis submitted by

15-30    the property owner under Subsection (a)(5) when determining if the

15-31    implementation of the proposed contract will have a negative fiscal

15-32    impact on state revenue;

15-33                (3)  consider the likelihood that the project would

15-34    have located, expanded, or been modernized in Texas without the tax

15-35    exemption authorized by this chapter;

15-36                (4)  authorize the property owner and the governing

15-37    body of the school district to enter into the contract unless the

15-38    comptroller determines that implementation of the contract will

15-39    have a negative fiscal impact on state revenue; and

15-40                (5)  notify the owner and the governing body of the

15-41    comptroller's action on the application.

15-42          (d)  The comptroller may not act on applications made by a

15-43    property owner for more than one location in the state at the same

15-44    time.

15-45          Sec. 313.006.  CONFIDENTIALITY OF PROPRIETARY INFORMATION.

15-46    Information that is provided to a school district or the

15-47    comptroller in connection with an application or request for tax

15-48    exemption under this chapter and that describes the specific

15-49    processes or business activities to be conducted or the equipment

15-50    or other property to be located on the property for which tax

15-51    exemption is sought is confidential and not subject to public

15-52    disclosure until the contract is executed.  Such information in the

15-53    custody of a school district or the comptroller after the contract

15-54    is executed is not confidential under this section.

15-55          Sec. 313.007.  MANDATORY CONTRACT PROVISIONS.  (a)  A

15-56    contract entered into under this chapter must:

15-57                (1)  provide for the exemption of the real or personal

15-58    property in each year covered by the contract only to the extent

15-59    that its value for that year exceeds its value for the year in

15-60    which the contract is executed;

15-61                (2)  require the property owner to:

15-62                      (A)  create during the term of the contract

15-63    family wage jobs with a total annual payroll of at least:

15-64                            (i)  $20 million if the owner proposes to

15-65    construct a new project on the real property; or

15-66                            (ii)  $10 million if the owner proposes to

15-67    expand a project on the real property; or

15-68                      (B)  retain, during the term of the contract,

15-69    family wage jobs with a total annual payroll of at least $10

 16-1    million if the owner proposes to modernize a project located on the

 16-2    real property;

 16-3                (3)  list the kind, number, and location of all

 16-4    proposed improvements of the property to which the contract

 16-5    applies;

 16-6                (4)  list each term of the contract;

 16-7                (5)  provide access to and authorize inspection of the

 16-8    property by the school district and the comptroller to ensure that

 16-9    the improvements or repairs are made according to the

16-10    specifications and conditions of the contract;

16-11                (6)  state any circumstances under which the property

16-12    owner may be excused by the governing body of the school district

16-13    for failing to comply with the contract;

16-14                (7)  require the property owner to certify before

16-15    February 1 of each year to the governing body of the school

16-16    district whether the owner is in compliance with each applicable

16-17    term of the contract and, if not, state the reason for the

16-18    noncompliance;

16-19                (8)  provide for recapture by the governing body of the

16-20    school district of property tax revenue lost as a result of the

16-21    contract if the owner of the property fails to make the

16-22    improvements or repairs as provided by the contract or fails to

16-23    comply with any applicable criteria contained in the contract; and

16-24                (9)  provide for cancellation or modification of the

16-25    contract by the governing body of the school district if the

16-26    property owner fails to comply with the contract and for written

16-27    notice of the cancellation or modification.

16-28          (b)  In this section, "family wage job" has the meaning

16-29    assigned that term by Section 481.151, Government Code.

16-30          Sec. 313.008.  OPTIONAL CONTRACT PROVISIONS.  A contract

16-31    entered into under this chapter may include:

16-32                (1)  the use to be made by the property owner of local

16-33    suppliers during the term of the contract;

16-34                (2)  the provision of health benefits and child care

16-35    during the term of the contract by the property owner for employees

16-36    of the property owner who work at the property covered by the

16-37    contract;

16-38                (3)  the percent of economically disadvantaged

16-39    employees to be hired by the property owner; and

16-40                (4)  any other provision determined appropriate by the

16-41    governing body of the school district.

16-42          Sec. 313.009.  DETERMINATION BY SCHOOL DISTRICT OF PROPERTY

16-43    OWNER'S COMPLIANCE WITH CONTRACT.  (a)  The governing body of the

16-44    school district, before April 1 of each year, shall determine

16-45    whether each property owner is in compliance with each term of the

16-46    contract and, if not, whether the noncompliance is excused.

16-47          (b)  The governing body of the school district shall consider

16-48    any certification furnished by the property owner under Section

16-49    313.007(a)(7).  The governing body of the school district may

16-50    require the property owner to present additional evidence the

16-51    governing body considers necessary to make the determination.  The

16-52    burden of proof is on the property owner to show that the property

16-53    owner is in compliance with each term of the contract.

16-54          (c)  The governing body of the school district shall certify

16-55    in writing to the property owner whether the owner is in compliance

16-56    with each term of the contract and, if not, whether the

16-57    noncompliance is excused.

16-58          (d)  Each property owner who is a party to a contract under

16-59    this section is entitled to a hearing and to present evidence

16-60    before the governing body of the taxing unit in person or by legal

16-61    or other counsel on the issue of compliance with the contract.

16-62          Sec. 313.010.  ACTION BY SCHOOL DISTRICT ON NONCOMPLIANCE.

16-63    (a)  Except as provided by Subsection (b), if a property owner

16-64    fails to comply with a contract executed under this chapter, the

16-65    governing body of the school district shall:

16-66                (1)  recapture the property tax revenue lost as a

16-67    result of the contract as provided by Section 313.007(a)(8); and

16-68                (2)  cancel or modify the contract and give written

16-69    notice of the cancellation or modification as provided by Section

 17-1    313.007(a)(9).

 17-2          (b)  The governing body of the school district may excuse the

 17-3    property owner's failure to comply with the agreement under a

 17-4    circumstance stated in the contract as provided by Section

 17-5    313.007(a)(6).

 17-6          Sec. 313.011.  DETERMINATION BY COMPTROLLER OF PROPERTY

 17-7    OWNER'S COMPLIANCE WITH CONTRACT.  (a)  As part of the annual study

 17-8    required by Section 403.302, Government Code, the comptroller shall

 17-9    determine whether a property owner is in compliance with each term

17-10    of a contract entered into under this chapter.

17-11          (b)  If the comptroller finds that the property owner is not

17-12    in compliance with each term of the contract, the comptroller, at

17-13    the time the comptroller publishes preliminary findings under

17-14    Section 403.302, Government Code, shall notify the governing body

17-15    of the school district of the finding.

17-16          (c)  The school district may protest the comptroller's

17-17    finding in the manner provided by Section 403.303, Government Code.

17-18          (d)  If the comptroller determines that the property owner is

17-19    not in compliance with each term of the contract, the comptroller

17-20    may not take the contract into account for purposes of determining

17-21    the total taxable value of all property in the school district

17-22    under Section 403.302, Government Code, for the year covered by the

17-23    study.

17-24          (e)  A protesting school district may appeal a determination

17-25    of a protest by the comptroller in the manner provided by Section

17-26    403.303, Government Code.

17-27          (f)  A determination by the comptroller under this section

17-28    does not affect the rights of the property owner under the

17-29    contract.

17-30          Sec. 313.012.  NOTICE OF CONTRACT.  (a)  A school district

17-31    that enters into a contract under this chapter shall either, at the

17-32    option of the school district:

17-33                (1)  publish notice of the contract in a newspaper that

17-34    is published daily in each county in which the school district is

17-35    located; or

17-36                (2)  post notice of the contract at each place where

17-37    the governing body of a school district is required by Chapter 551,

17-38    Government Code, to post notice of its meetings.

17-39          (b)  The notice must include:

17-40                (1)  the name of each party to the contract;

17-41                (2)  a statement of whether the contract applies to

17-42    real property, tangible personal property, or both;

17-43                (3)  the portion of the value of the property exempted

17-44    from taxation each year under the contract; and

17-45                (4)  a summary of the state economic impact analysis

17-46    required by Section 313.005(a)(5).

17-47          Sec. 313.013.  LIMITATIONS ON CONTRACT.  (a)  A contract

17-48    executed under this chapter may not be modified to extend beyond 10

17-49    years from the first year of the exemption.

17-50          (b)  Notwithstanding Subsection (a), a property owner may

17-51    enter into a new contract, for a period not to exceed 10 years,

17-52    with respect to improvements and tangible personal property which

17-53    upgrade or retrofit the operations or equipment located on real

17-54    property already subject to a contract under this chapter.

17-55          Sec. 313.014.  MODIFICATION OR TERMINATION OF CONTRACT.

17-56    (a)  At any time before the expiration of a contract made under

17-57    this chapter, the contract may be modified by the parties to the

17-58    contract to include other provisions that could have been included

17-59    in the original contract or to delete provisions that were not

17-60    necessary to the original contract.  The modification must be made

17-61    by the same procedure by which the original contract was approved

17-62    and executed.

17-63          (b)  A contract made under this chapter may be terminated by

17-64    the mutual consent of the parties in the same manner that the

17-65    contract was approved and executed.

17-66          Sec. 313.015.  COORDINATION WITH CHAPTER 312.  (a)  With

17-67    respect to any tax abatement agreement under Chapter 312 which was

17-68    entered into by a school district on or after January 1, 1997, and

17-69    before September 1, 1997, the school district and the property

 18-1    owner may agree to terminate such agreement and enter into a new

 18-2    contract under this chapter, irrespective of whether improvement or

 18-3    repairs to the property subject to the agreement have been

 18-4    completed.

 18-5          (b)  A school district and a property owner that entered into

 18-6    a tax abatement agreement under Chapter 312 on or after January 1,

 18-7    1997, and on or before September 1, 1997, and then enter into a new

 18-8    contract as described above may agree on or before September 1,

 18-9    1997, that Chapter 312 shall apply to their new contract for a

18-10    specified number of years and that a contract under this chapter

18-11    shall apply after the expiration of such number of years, provided

18-12    that the total number of years abated under Chapter 312 or exempted

18-13    under this chapter shall not exceed 10 years.

18-14          Sec. 313.016.  EVALUATION AND ANNUAL REPORT.  (a)  On or

18-15    before November 1 of each even-numbered year, the comptroller

18-16    shall:

18-17                (1)  prepare a comprehensive report on:

18-18                      (A)  the use and effectiveness of contracts

18-19    executed under this chapter in encouraging economic development in

18-20    this state;

18-21                      (B)  the fiscal impact on this state and school

18-22    districts in this state of those tax contracts, including the

18-23    market value of property that is exempt from taxation under this

18-24    chapter; and

18-25                      (C)  any other relevant information that the

18-26    comptroller determines is applicable to this chapter; and

18-27                (2)  deliver a copy of the report to the governor, the

18-28    speaker of the house of representatives, the lieutenant governor,

18-29    and each school district that entered into a contract under this

18-30    chapter during the period covered by the report.

18-31          (b)  The comptroller may prescribe a form to collect

18-32    information necessary to compile the report described in this

18-33    section from a property owner that has entered into a contract

18-34    under this chapter.

18-35          Sec. 313.017.  PROMOTION AND MARKETING OF INVEST TEXAS

18-36    PROGRAM.  The comptroller and the Texas Department of Commerce

18-37    shall jointly promote and market the program created under this

18-38    chapter.

18-39          Sec. 313.018.  RULES AND FORMS.  The comptroller shall adopt

18-40    rules and forms for the administration of this chapter.  The rules

18-41    must include guidelines for the state economic impact analysis to

18-42    be submitted by the property owner under Section 313.005(a)(5).

18-43          Sec. 313.019.  EXPIRATION DATE.  If not continued in effect,

18-44    this chapter expires September 1, 2001.

18-45                         ARTICLE 3.  FRANCHISE TAX

18-46          SECTION 3.01.  Sections 171.001(a) and (b), Tax Code, are

18-47    amended to read as follows:

18-48          (a)  A franchise tax is imposed on[:]

18-49                [(1)]  each taxable entity [corporation] that does

18-50    business in this state or that is chartered, organized, or

18-51    authorized to do business in this state[, and]

18-52                [(2)  each limited liability company that does business

18-53    in this state or that is organized under the laws of this state or

18-54    is authorized to do business in this state].

18-55          (b)  In this chapter:

18-56                (1)  "Banking corporation" means each state, national,

18-57    domestic, or foreign bank, including a limited banking association,

18-58    as defined by Section 1.002(a), Texas Banking Act (Article

18-59    342-1.002, Vernon's Texas Civil Statutes), and each bank organized

18-60    under Section 25A [25(a)], Federal Reserve Act (12 U.S.C.  Secs.

18-61    611-631) (edge corporations), but does not include a bank holding

18-62    company as that term is defined by Section 2, Bank Holding Company

18-63    Act of 1956 (12 U.S.C. Sec. 1841).

18-64                (2)  "Beginning date" means:

18-65                      (A)  for a taxable entity [corporation] chartered

18-66    or organized in this state, the date on which the taxable entity's

18-67    [corporation's] charter or organization takes effect; and

18-68                      (B)  for any other taxable entity without regard

18-69    to whether the entity is foreign or domestic or whether it is

 19-1    formally organized or chartered [a foreign corporation], the

 19-2    earlier of the date on which:

 19-3                            (i)  the corporation's certificate of

 19-4    authority takes effect; or

 19-5                            (ii)  the taxable entity [corporation]

 19-6    begins doing business in this state.

 19-7                (3)  "Business trust" means a trust for carrying on a

 19-8    business operation. ["Corporation" includes:]

 19-9                      [(A)  a limited liability company, as defined

19-10    under the Texas Limited Liability Company Act; and]

19-11                      [(B)  a state or federal savings and loan

19-12    association.]

19-13                (4)  "Charter" includes a limited liability company's

19-14    certificate of organization, a limited partnership's certificate of

19-15    limited partnership, and the registration of a limited liability

19-16    partnership.

19-17                (5)  "Compensation":

19-18                      (A)  means amounts paid to or for the benefit of

19-19    an officer, director, or owner and that:

19-20                            (i)  are subject to withholding under the

19-21    Internal Revenue Code; or

19-22                            (ii)  would be subject to withholding if

19-23    the person were considered an employee and the amounts paid were

19-24    considered salaries; and

19-25                      (B)  does not include funds that are received by:

19-26                            (i)  an entity that contracts with one or

19-27    more insurance companies, health maintenance organizations, managed

19-28    care organizations, employers, unions, trusts, or other public or

19-29    private health care payors to arrange for the provision of health

19-30    care services, directly or indirectly through contracts or

19-31    subcontracts, or both, by physicians, providers, or organizations

19-32    of physicians, providers, or organizations and that are retained by

19-33    the entity as part of a withhold, shared fund, risk pool, stop

19-34    loss, fee-for-service, risk-sharing, capitated risk, contingency

19-35    reserve, or similar arrangement to be distributed to the

19-36    participating physicians, providers, or organizations, except to

19-37    the extent the participating physicians, providers, or

19-38    organizations are not taxable under this chapter; or

19-39                            (ii)  an agent for a principal to the

19-40    extent the funds are to be distributed to the principal.

19-41                (6)  "Does business in this state" means the taxable

19-42    entity is subject to taxation by this state without the state

19-43    violating the United States Constitution and the federal law

19-44    adopted under the United States Constitution.

19-45                (7)  "Income or equity partner" includes a partner who

19-46    is entitled to a distributive share of the partnership's income or

19-47    loss or who becomes entitled to a share of the partnership's assets

19-48    or liabilities on termination of the partnership.

19-49                (8)  "Internal Revenue Code" means the Internal Revenue

19-50    Code of 1986 in effect for the federal tax year beginning on or

19-51    after January 1, 1996 [1994], and before January 1, 1997 [1995],

19-52    and any regulations adopted under that code applicable to that

19-53    period.

19-54                (9) [(6)]  "Officer" and "director" include a limited

19-55    liability company's directors and managers, [and] a limited banking

19-56    association's directors and managers and participants if there are

19-57    no directors or managers, and persons holding comparable positions

19-58    of authority in a noncorporate taxable entity.

19-59                (10)  "Owner" includes a shareholder, an income or

19-60    equity partner of a partnership, and an owner of equity in any

19-61    other taxable entity.

19-62                (11)  "Passive income" means:

19-63                      (A)  interest;

19-64                      (B)  dividends;

19-65                      (C)  rents;

19-66                      (D)  royalties, including overriding royalties;

19-67                      (E)  income from the disposition of a capital

19-68    asset or property held for investment;

19-69                      (F)  income from any of the following entities or

 20-1    any entity controlled, directly or indirectly, by any of the

 20-2    following entities:

 20-3                            (i)  a real estate investment trust;

 20-4                            (ii)  a regulated investment company;

 20-5                            (iii)  a real estate mortgage investment

 20-6    conduit; or

 20-7                            (iv)  a common trust fund; or

 20-8                      (G)  income from oil and gas working interests

 20-9    held by the taxable entity if the taxable entity is not an operator

20-10    of oil and gas properties.

20-11                (12)  "Passive income asset" means an asset owned by a

20-12    taxable entity if any income generated by the asset, including on

20-13    disposition of the asset, is passive income.

20-14                (13)  "Passive income capital" for a taxable entity

20-15    means an amount that is the product of the passive income ratio for

20-16    the taxable entity and the entity's apportioned taxable capital

20-17    under Section 171.101(d)(3).

20-18                (14)  "Passive income ratio" means the ratio, expressed

20-19    as a percentage, in which:

20-20                      (A)  the numerator is the aggregate cost of all

20-21    of the taxable entity's passive income assets; and

20-22                      (B)  the denominator is the aggregate cost of the

20-23    taxable entity's total assets.

20-24                (15) [(7)]  "Savings and loan association" includes a

20-25    state or federal savings bank.

20-26                (16) [(8)]  "Shareholder" includes a limited liability

20-27    company's member and a limited banking association's participant.

20-28                (17)  "Taxable entity" does not include a sole

20-29    proprietorship.  "Taxable entity" means:

20-30                      (A)  a banking corporation;

20-31                      (B)  a business trust that is required to file a

20-32    federal tax return as a corporation or a partnership other than a

20-33    self-insurance trust not engaged in the business of insurance and

20-34    formed under Article 21.49-4, Insurance Code;

20-35                      (C)  a corporation;

20-36                      (D)  a limited liability company;

20-37                      (E)  a limited liability partnership;

20-38                      (F)  a limited partnership;

20-39                      (G)  a partnership that is required to file a

20-40    federal tax return as a corporation or a partnership;

20-41                      (H)  a registered limited liability partnership;

20-42                      (I)  a state or federal savings and loan

20-43    association;

20-44                      (J)  a professional association;

20-45                      (K)  a professional corporation; and

20-46                      (L)  any other kind of business association,

20-47    joint venture, or other combination of entities or persons engaged

20-48    in business, other than an oil and gas joint operating agreement.

20-49          SECTION 3.02.  Sections 171.0011(a), (b), and (c), Tax Code,

20-50    are amended to read as follows:

20-51          (a)  An additional tax is imposed on a taxable entity

20-52    [corporation] that for any reason becomes no longer subject to the

20-53    earned surplus component of the tax, without regard to whether the

20-54    taxable entity [corporation] remains subject to the taxable

20-55    capital component of the tax.

20-56          (b)  The additional tax is equal to 4.5 percent of the

20-57    taxable entity's [corporation's] net taxable earned surplus

20-58    computed on the period beginning on the day after the last day for

20-59    which the tax imposed on net taxable earned surplus was computed

20-60    under Section 171.1532 and ending on the date the taxable entity

20-61    [corporation] is no longer subject to the earned surplus component

20-62    of the tax.

20-63          (c)  The additional tax imposed and any report required by

20-64    the comptroller are due on the 60th day after the date the taxable

20-65    entity [corporation] becomes no longer subject to the earned

20-66    surplus component of the tax.

20-67          SECTION 3.03.  Sections 171.002(b) and (d), Tax Code, are

20-68    amended to read as follows:

20-69          (b)  The amount of franchise tax on each taxable entity

 21-1    [corporation], except as provided in Subsection (d), is computed by

 21-2    adding the following:

 21-3                (1)  the amount calculated by applying the tax rate

 21-4    prescribed by Subsection (a)(1) to the taxable entity's

 21-5    [corporation's] net taxable capital; and

 21-6                (2)  the difference between:

 21-7                      (A)  the amount calculated by applying the tax

 21-8    rate prescribed by Subsection (a)(2) to the taxable entity's

 21-9    [corporation's] net taxable earned surplus; and

21-10                      (B)  the amount determined under Subdivision (1).

21-11          (d)  If the amount of tax computed under Subsection (b) for a

21-12    taxable entity [corporation] is less than $500 [$100], the taxable

21-13    entity [corporation] is not required to pay that amount and is not

21-14    considered to owe any tax for that period.

21-15          SECTION 3.04.  Subchapter A, Chapter 171, Tax Code, is

21-16    amended by adding Section 171.003 to read as follows:

21-17          Sec. 171.003.  TERMINATION, MERGER, AND DIVISION OF

21-18    PARTNERSHIP.  (a)  For purposes of this chapter, an existing

21-19    partnership shall be considered as continuing if it is not

21-20    terminated.

21-21          (b)  A partnership shall be considered as terminated only if:

21-22                (1)  no part of any business, financial operation, or

21-23    venture of the partnership continues to be carried on by any of its

21-24    partners in a partnership; or

21-25                (2)  within a 12-month period there is a sale or

21-26    exchange of 50 percent or more of the total interest in partnership

21-27    capital and profits.

21-28          (c)  In the case of a merger or consolidation of two or more

21-29    partnerships, the resulting partnership shall, for purposes of this

21-30    chapter, be considered the continuation of any merging or

21-31    consolidating partnership whose members own an interest of more

21-32    than 50 percent in the capital and profits of the resulting

21-33    partnership.

21-34          (d)  In the case of a division of a partnership into two or

21-35    more partnerships, the resulting partnerships (other than any

21-36    resulting partnership the members of which had an interest of 50

21-37    percent or less in the capital and profits of the prior

21-38    partnership) shall, for purposes of this chapter, be considered a

21-39    continuation of the prior partnership.

21-40          SECTION 3.05.  Subchapter B, Chapter 171, Tax Code, is

21-41    amended by adding Section 171.054 to read as follows:

21-42          Sec. 171.054.  EXEMPTION--NONCORPORATE TAXABLE ENTITY

21-43    ELIGIBLE FOR CERTAIN EXEMPTIONS.  A taxable entity that is not a

21-44    corporation but that, because of its activities, would qualify for

21-45    a specific exemption under this subchapter if it were a

21-46    corporation, qualifies for the exemption and is exempt from the tax

21-47    in the same manner and under the same conditions as a corporation.

21-48          SECTION 3.06.  Section 171.101, Tax Code, is amended by

21-49    adding Subsections (d) and (e) to read as follows:

21-50          (d)  The net taxable capital of a taxable entity other than a

21-51    corporation, a limited liability company, and a savings and loan

21-52    association is computed by:

21-53                (1)  adding the taxable entity's capital accounts,

21-54    undistributed profits, and surplus to determine the taxable

21-55    entity's taxable capital;

21-56                (2)  for a taxable entity to which Section 171.1102

21-57    applies, subtracting from the amount computed under Subdivision (1)

21-58    the amount of any passive income capital;

21-59                (3)  apportioning the taxable entity's taxable capital

21-60    to this state as provided by Section 171.106(a) or (c), as

21-61    applicable, to determine the entity's apportioned taxable capital;

21-62    and

21-63                (4)  subtracting from the amount computed under

21-64    Subdivision (3) any other allowable deductions to determine the

21-65    taxable entity's net taxable capital.

21-66          (e)  For purposes of Subsection (d)(1), an amount that

21-67    belongs to the taxable entity's capital accounts, undistributed

21-68    profits, or surplus is excluded if the amount has been added once

21-69    under that subsection in determining the entity's taxable capital.

 22-1          SECTION 3.07.  Sections 171.1015(a), (b), and (e), Tax Code,

 22-2    are amended to read as follows:

 22-3          (a)  A taxable entity [corporation] that has been designated

 22-4    as an enterprise project as provided by Chapter 2303, Government

 22-5    Code, may deduct either:

 22-6                (1)  from its apportioned taxable capital, 50 percent

 22-7    of its capital investment in the enterprise zone in which the

 22-8    enterprise project is located; or

 22-9                (2)  from its apportioned taxable earned surplus, five

22-10    percent of its capital investment in the enterprise zone in which

22-11    the enterprise project is located.  The deduction may be taken on

22-12    each franchise tax report that is based on a taxable entity's

22-13    [corporation's] fiscal year during all or part of which the taxable

22-14    entity [corporation] is an enterprise project.

22-15          (b)  The deduction authorized by this section is limited to

22-16    the depreciated value of capital equipment or other investment that

22-17    qualifies for depreciation for federal income tax purposes and that

22-18    is placed in service in the zone after designation as an enterprise

22-19    project.  The depreciated value must be computed by a method which

22-20    is otherwise acceptable for that taxable entity's [corporation's]

22-21    franchise tax report and must be computed for each report on  which

22-22    it is taken by the same method of depreciation.

22-23          (e)  A taxable entity [corporation] may elect to make the

22-24    deduction authorized by this section either from apportioned

22-25    taxable capital or apportioned taxable earned surplus for each

22-26    separate regular annual period.  An election for an initial period

22-27    applies to the second tax period and to the first regular annual

22-28    period.

22-29          SECTION 3.08.  Section 171.103, Tax Code, is amended to read

22-30    as follows:

22-31          Sec. 171.103.  DETERMINATION OF GROSS RECEIPTS FROM BUSINESS

22-32    DONE IN THIS STATE FOR TAXABLE CAPITAL.  (a)  In apportioning

22-33    taxable capital, the gross receipts of a taxable entity

22-34    [corporation]  from its business done in this state is the sum of

22-35    the taxable entity's [corporation's] receipts from:

22-36                (1)  each sale of tangible personal property if the

22-37    property is delivered or shipped to a buyer in this state

22-38    regardless of the FOB point or another condition of the sale, and

22-39    each sale of tangible personal property shipped from this state to

22-40    a purchaser in another state in which the seller is not subject to

22-41    taxation;

22-42                (2)  each service performed in this state;

22-43                (3)  each rental of property situated in this state;

22-44                (4)  each [royalty for the] use of a patent, [or]

22-45    copyright, trademark, franchise, or license in this state not

22-46    including a sale of a computer program or a license of computer

22-47    software; [and]

22-48                (5)  each sale of real property located in this state,

22-49    including royalties for oil, gas, or other mineral interests; and

22-50                (6)  other business done in this state.

22-51          (b)  If a taxable entity sells an investment or capital

22-52    asset, the taxable entity's gross receipts from business done in

22-53    this state include only the gain from the sale.

22-54          (c)  In apportioning taxable capital of a telephone company,

22-55    the comptroller shall adopt rules to apportion to this state

22-56    receipts from this state's portion of a transaction within and

22-57    without this state.

22-58          SECTION 3.09.  Section 171.1032, Tax Code, is amended to read

22-59    as follows:

22-60          Sec. 171.1032.  DETERMINATION OF GROSS RECEIPTS FROM BUSINESS

22-61    DONE IN THIS STATE FOR TAXABLE EARNED SURPLUS.  (a)  Except for the

22-62    gross receipts of a taxable entity [corporation] that are subject

22-63    to the provisions of Section 171.1061, in apportioning taxable

22-64    earned surplus, the gross receipts of a taxable entity

22-65    [corporation] from its business done in this state is the sum of

22-66    the taxable entity's [corporation's] receipts from:

22-67                (1)  each sale of tangible personal property if the

22-68    property is delivered or shipped to a buyer in this state

22-69    regardless of the FOB point or another condition of the sale, and

 23-1    each sale of tangible personal property shipped from this state to

 23-2    a purchaser in another state in which the seller is not subject to

 23-3    any tax on, or measured by, net income, without regard to whether

 23-4    the tax is imposed;

 23-5                (2)  each service performed in this state;

 23-6                (3)  each rental of property situated in this state;

 23-7                (4)  each [royalty for the] use of a patent, [or]

 23-8    copyright, trademark, franchise, or license in this state not

 23-9    including a sale of a computer program or a license of computer

23-10    software; [and]

23-11                (5)  each sale of real property located in this state,

23-12    including royalties for oil, gas, or other mineral interests; and

23-13                (6)  other business done in this state.

23-14          (b)  If a taxable entity sells an investment or capital

23-15    asset, the taxable entity's gross receipts from business done in

23-16    this state include only the gain from the sale [A corporation shall

23-17    deduct from its gross receipts computed under Subsection (a) any

23-18    amount to the extent included under Subsection (a) because of the

23-19    application of Section 78 or Sections 951-964, Internal Revenue

23-20    Code, and dividends received from a subsidiary, associate, or

23-21    affiliated corporation that does not transact a substantial portion

23-22    of its business or regularly maintain a substantial portion of its

23-23    assets in the United States].

23-24          (c)  In apportioning taxable earned surplus of a telephone

23-25    company, the comptroller shall adopt rules to apportion to this

23-26    state receipts from this state's portion of a transaction within

23-27    and without this state.

23-28          SECTION 3.10.  Section 171.105, Tax Code, is amended to read

23-29    as follows:

23-30          Sec. 171.105.  DETERMINATION OF GROSS RECEIPTS FROM ENTIRE

23-31    BUSINESS FOR TAXABLE CAPITAL.  (a)  In apportioning taxable

23-32    capital, the gross receipts of a taxable entity [corporation] from

23-33    its entire business is the sum of the taxable entity's

23-34    [corporation's] receipts from:

23-35                (1)  each sale of the taxable entity's [corporation's]

23-36    tangible personal property;

23-37                (2)  each service, rental, or royalty; and

23-38                (3)  other business.

23-39          (b)  If a taxable entity [corporation] sells an investment or

23-40    capital asset, the taxable entity's [corporation's] gross receipts

23-41    from its entire business for taxable capital include only the net

23-42    gain from the sale.

23-43          SECTION 3.11.  Section 171.1051, Tax Code, is amended to read

23-44    as follows:

23-45          Sec. 171.1051.  DETERMINATION OF GROSS RECEIPTS FROM ENTIRE

23-46    BUSINESS FOR TAXABLE EARNED SURPLUS.  (a)  Except for the gross

23-47    receipts of a taxable entity [corporation] that are subject to the

23-48    provisions of Section 171.1061, in apportioning taxable earned

23-49    surplus, the gross receipts of a taxable entity [corporation] from

23-50    its entire business is the sum of the taxable entity's

23-51    [corporation's] receipts from:

23-52                (1)  each sale of the taxable entity's [corporation's]

23-53    tangible personal property;

23-54                (2)  each service, rental, or royalty; and

23-55                (3)  other business.

23-56          (b)  If a taxable entity [corporation] sells an investment or

23-57    capital asset, the taxable entity's [corporation's] gross receipts

23-58    from its entire business for taxable earned surplus includes only

23-59    the net gain from the sale.

23-60          [(c)  A corporation shall deduct from its gross receipts

23-61    computed under Subsection (a) any amount to the extent included in

23-62    Subsection (a) because of the application of Section 78 or Sections

23-63    951-964, Internal Revenue Code, and dividends received from a

23-64    subsidiary, associate, or affiliated corporation that does not

23-65    transact a substantial portion of its business or regularly

23-66    maintain a substantial portion of its assets in the United States.]

23-67          SECTION 3.12.  Section 171.106, Tax Code, is amended to read

23-68    as follows:

23-69          Sec. 171.106.  APPORTIONMENT OF TAXABLE CAPITAL AND TAXABLE

 24-1    EARNED SURPLUS TO THIS STATE.  (a)  Except as provided by

 24-2    Subsection (c), a taxable entity's [corporation's] taxable capital

 24-3    is apportioned to this state to determine the amount of the tax

 24-4    imposed under Section 171.002(b)(1) by multiplying the taxable

 24-5    entity's [corporation's] taxable capital by a fraction, the

 24-6    numerator of which is the taxable entity's [corporation's] gross

 24-7    receipts from business done in this state, as determined under

 24-8    Section 171.103 or 171.1031, as applicable, and the denominator of

 24-9    which is the taxable entity's [corporation's] gross receipts from

24-10    its entire business, as determined under Section 171.105.

24-11          (b)  Except as provided by Subsection (c), a taxable entity's

24-12    [corporation's] taxable earned surplus is apportioned to this state

24-13    to determine the amount of tax imposed under Section 171.002(b)(2)

24-14    by multiplying the taxable earned surplus by a fraction, the

24-15    numerator of which is the taxable entity's [corporation's] gross

24-16    receipts from business done in this state, as determined under

24-17    Section 171.1031 or 171.1032, as applicable, and the denominator of

24-18    which is the taxable entity's [corporation's] gross receipts from

24-19    its entire business, as determined under Section 171.1051.

24-20          (c)  A taxable entity's [corporation's] taxable capital or

24-21    earned surplus that is derived, directly or indirectly, from the

24-22    sale of management, distribution, or administration services to or

24-23    on behalf of a regulated investment company, including a taxable

24-24    entity [corporation] that includes trustees or sponsors of employee

24-25    benefit plans that have accounts in a regulated investment company,

24-26    is apportioned to this state to determine the amount of the tax

24-27    imposed under Section 171.002 by multiplying the taxable entity's

24-28    [corporation's] total taxable capital or earned surplus from the

24-29    sale of services to or on behalf of a regulated investment company

24-30    by a fraction, the numerator of which is the average of the sum of

24-31    shares owned at the beginning of the year and the sum of shares

24-32    owned at the end of the year by the investment company shareholders

24-33    who are commercially domiciled in this state, and the denominator

24-34    of which is the average of the sum of shares owned at the beginning

24-35    of the year and the sum of shares owned at the end of the year by

24-36    all investment company shareholders. The taxable entity

24-37    [corporation] shall make a separate computation to allocate taxable

24-38    capital and earned surplus.  In this subsection, "regulated

24-39    investment company" has the meaning assigned by Section 851(a),

24-40    Internal Revenue Code.

24-41          SECTION 3.13.  Section 171.1061, Tax Code, is amended to read

24-42    as follows:

24-43          Sec. 171.1061.  ALLOCATION OF CERTAIN TAXABLE EARNED SURPLUS

24-44    TO THIS STATE.  An item of income included in a taxable entity's

24-45    [corporation's] taxable earned surplus, except that portion derived

24-46    from dividends and interest, that a state, other than this state,

24-47    or a country, other than the United States, cannot tax because the

24-48    activities generating that item of income do not have sufficient

24-49    unitary connection with the taxable entity's [corporation's] other

24-50    activities conducted within that state or country under the United

24-51    States Constitution, is allocated to this state if the taxable

24-52    entity's [corporation's] commercial domicile is in this state.

24-53    Income that can only be allocated to the state of commercial

24-54    domicile because the income has insufficient unitary connection

24-55    with any other state or country shall be allocated to this state or

24-56    another state or country net of expenses related to that income.  A

24-57    portion of a taxable entity's [corporation's] taxable earned

24-58    surplus allocated to this state under this section may not be

24-59    apportioned under Section 171.110(a)(2).

24-60          SECTION 3.14.  Section 171.109, Tax Code, as amended by

24-61    Chapters 801 and 1198, Acts of the 71st Legislature, Regular

24-62    Session, 1989, is amended to read as follows:

24-63          Sec. 171.109.  SURPLUS.  (a)  In this chapter:

24-64                (1)  "Surplus" means the net assets of a taxable entity

24-65    [corporation] minus its stated capital.  For a limited liability

24-66    company, "surplus" means the net assets of the company minus its

24-67    members' contributions.  Surplus includes unrealized, estimated, or

24-68    contingent losses or obligations or any writedown of assets other

24-69    than those listed in Subsection (i) of this section net of

 25-1    appropriate income tax provisions.  The definition under this

 25-2    subdivision does not apply to earned surplus.

 25-3                (2)  "Net assets" means the total assets of a taxable

 25-4    entity [corporation] minus its total debts.

 25-5                (3)  "Debt" means any legally enforceable obligation

 25-6    measured in a certain amount of money which must be performed or

 25-7    paid within an ascertainable period of time or on demand.

 25-8          (b)  Except as otherwise provided in this section, a taxable

 25-9    entity [corporation] must compute its surplus, assets, and debts

25-10    according to generally accepted accounting principles.  If

25-11    generally accepted accounting principles are unsettled or do not

25-12    specify an accounting practice for a particular purpose related to

25-13    the computation of surplus, assets, or debts, the comptroller by

25-14    rule may establish rules to specify the applicable accounting

25-15    practice for that purpose.

25-16          (c)  A taxable entity [corporation] whose taxable capital is

25-17    less than $1 million may report its surplus according to the

25-18    method used in the taxable entity's [corporation's] most recent

25-19    federal income tax return originally due on or before the date on

25-20    which the taxable entity's [corporation's] franchise tax report is

25-21    originally due.  In determining if taxable capital is less than $1

25-22    million, the taxable entity [corporation] shall apply the methods

25-23    the taxable entity [corporation] used in computing that federal

25-24    income tax return unless another method is required under this

25-25    chapter.

25-26          (d)  A taxable entity [corporation] shall report its surplus

25-27    based solely on its own financial condition.  Consolidated

25-28    reporting of the surplus of related taxable entities [corporations]

25-29    is prohibited.

25-30          (e)  A taxable entity [Unless the provisions of Section

25-31    171.111 apply due to an election under that section, a corporation]

25-32    may not change the accounting methods used to compute its surplus

25-33    more often than once every four years without the written consent

25-34    of the comptroller.  A change in accounting methods is not

25-35    justified solely because it results in a reduction of tax

25-36    liability.

25-37          (f)  A taxable entity making a distribution [corporation

25-38    declaring dividends] shall exclude the distribution [those

25-39    dividends] from its taxable capital, and a taxable entity

25-40    [corporation] receiving a distribution [dividends] shall include

25-41    the distribution [those dividends] in its  gross receipts and

25-42    taxable capital as of the earlier of:

25-43                (1)  the date the distribution is [dividends are]

25-44    declared, if the distribution is [dividends are] actually paid

25-45    within one year after the declaration date; or

25-46                (2)  the date the distribution is [dividends are]

25-47    actually paid.

25-48          (g)  All oil and gas exploration and production activities

25-49    conducted by a taxable entity [corporation] that reports its

25-50    surplus according to generally accepted accounting principles as

25-51    required or permitted by this chapter must be reported according to

25-52    the successful efforts or the full cost method of accounting.

25-53          (h)  A parent or investor taxable entity [corporation] must

25-54    use the cost method of accounting in reporting and calculating the

25-55    franchise tax on its investments in subsidiary taxable entities

25-56    [corporations] or other investees.  The retained earnings of a

25-57    subsidiary corporation or other investee before acquisition by the

25-58    parent or investor taxable entity [corporation] may not be excluded

25-59    from the cost of the subsidiary corporation or investee to the

25-60    parent or investor taxable entity [corporation] and must be

25-61    included by the parent or investor taxable entity [corporation] in

25-62    calculating its surplus.

25-63          (i)  The following accounts may also be excluded from

25-64    surplus, to the extent they are in conformance with generally

25-65    accepted accounting principles or the appropriate federal income

25-66    tax method, whichever is applicable:

25-67                (1)  a reserve or allowance for uncollectable accounts;

25-68    and

25-69                (2)  a contra-asset account for depletion,

 26-1    depreciation, or amortization.

 26-2          (j)  A taxable entity [corporation] may not exclude from

 26-3    surplus:

 26-4                (1)  liabilities for compensation and other benefits

 26-5    provided to employees, other than wages, that are not debt as of

 26-6    the end of the accounting period on which the taxable capital

 26-7    component is based, including retirement, medical, insurance,

 26-8    postretirement, and other similar benefits; and

 26-9                (2)  deferred investment tax credits.

26-10          (k)  Notwithstanding any other provision in this chapter, a

26-11    taxable entity [corporation] subject to the tax imposed by this

26-12    chapter shall use double entry bookkeeping to account for all

26-13    transactions that affect the computation of that tax.

26-14          (l)  The "first in-first out" and "last in-first out" methods

26-15    of accounting are acceptable methods for computing surplus.

26-16          (m)  A taxable entity [corporation] may not use the push-down

26-17    method of accounting in computing or reporting its surplus.

26-18          SECTION 3.15.  Section 171.110, Tax Code, is amended to read

26-19    as follows:

26-20          Sec. 171.110.  DETERMINATION OF NET TAXABLE EARNED SURPLUS.

26-21    (a)  Except as provided by Section 171.1101, the [The] net taxable

26-22    earned surplus of a taxable entity [corporation] is  computed by:

26-23                (1)  determining the taxable entity's [corporation's]

26-24    reportable federal taxable income and making the following

26-25    adjustments:

26-26                      (A)  [,] subtracting [from that amount] any

26-27    amount included in reportable federal taxable income under Section

26-28    78  or Sections 951-964, Internal Revenue Code;

26-29                      (B)  except for an entity described in Section

26-30    171.001(b)(5)(B)(i), subtracting any taxable income or deductions

26-31    included under the provisions of Section 702(a) or 1366(a),

26-32    Internal Revenue Code, to the extent included in computing federal

26-33    taxable income from an S corporation or a partnership that is

26-34    subject to the earned surplus component of the tax imposed under

26-35    this chapter;

26-36                      (C)  adding, for each other taxable entity owned

26-37    in whole or part by the taxable entity, in proportion to the amount

26-38    of that ownership, any amount of passive income subtracted from

26-39    reportable federal taxable income under Section 171.1102 by the

26-40    other taxable entity;

26-41                      (D)  subtracting [, and] dividends received from

26-42    a subsidiary, associate, or affiliated corporation that does not

26-43    transact a substantial portion of its business or regularly

26-44    maintain a substantial portion of its assets in the United States;

26-45                      (E)  [, and] adding, for a taxable entity with 35

26-46    or fewer owners, directly or indirectly, 100 percent of

26-47    compensation, to the extent excluded in determining reportable

26-48    federal taxable income, of each officer, director, and owner who

26-49    owns 0.1 percent or more of the taxable entity [to that amount any

26-50    compensation of officers or directors, or if a bank, any

26-51    compensation of directors and executive officers, to the extent

26-52    excluded in determining federal taxable income to determine the

26-53    corporation's taxable earned surplus];

26-54                      (F)  subtracting, for a taxable entity with 35 or

26-55    fewer owners, directly or indirectly, an amount up to $100,000 in

26-56    compensation paid to each officer, director, and owner who owns 0.1

26-57    percent or more of the taxable entity;

26-58                      (G)  adding, for a taxable entity with more than

26-59    35 owners, directly or indirectly, to the extent excluded in

26-60    determining reportable federal taxable income:

26-61                            (i)  100 percent of the 35 highest amounts

26-62    of compensation of each officer, director, and owner who owns 0.1

26-63    percent or more of the taxable entity; and

26-64                            (ii)  50 percent of compensation of each

26-65    officer, director, and owner who owns 0.1 percent or more of the

26-66    taxable entity for which compensation is not added under

26-67    Subparagraph (i); and

26-68                      (H)  subtracting, for a taxable entity with more

26-69    than 35 owners, directly or indirectly, an amount up to $100,000 in

 27-1    compensation paid to each officer, director, and owner for which

 27-2    100 percent of compensation is added under Paragraph (G)(i);

 27-3                (2)  apportioning the taxable entity's [corporation's]

 27-4    taxable earned surplus to this state as provided by Section

 27-5    171.106(b) or (c), as applicable, to determine the taxable entity's

 27-6    [corporation's] apportioned taxable earned surplus;

 27-7                (3)  adding the taxable entity's [corporation's]

 27-8    taxable earned surplus allocated to this state as provided by

 27-9    Section 171.1061; and

27-10                (4)  subtracting from that amount any allowable

27-11    deductions and any business loss that is carried forward to the tax

27-12    reporting period and deductible under Subsection (e).

27-13          (b)  For purposes of Subsection (a)(1):

27-14                (1)  an amount may not be subtracted from reportable

27-15    federal taxable income more than once; and

27-16                (2)  an amount may not be added to reportable federal

27-17    taxable income more than once.  [A corporation is not required to

27-18    add the compensation of officers or directors as required by

27-19    Subsection (a)(1) if the corporation is:]

27-20                [(1)  a corporation that has not more than 35

27-21    shareholders; or]

27-22                [(2)  an S corporation, as that term is defined by

27-23    Section 1361, Internal Revenue Code.]

27-24          (c)  [Subsection (b) does not apply to a subsidiary

27-25    corporation unless it applies to the subsidiary's parent

27-26    corporation.]

27-27          [(d)]  A corporation's reportable federal taxable income is

27-28    the corporation's federal taxable income after Schedule C special

27-29    deductions and before net operating loss deductions as computed

27-30    under the Internal Revenue Code, except that an S corporation's

27-31    reportable federal taxable income is the amount of the income

27-32    reportable to the Internal Revenue Service as taxable to the

27-33    corporation's shareholders.

27-34          (d)  Reportable federal taxable income shall be determined

27-35    before adjustment for distributions to owners and includes all

27-36    income taxable to the entity or the owners for federal income tax

27-37    purposes.

27-38          (e)  For purposes of this section, a business loss is any

27-39    negative amount after apportionment and allocation. The business

27-40    loss shall be carried forward to the year succeeding the loss year

27-41    as a deduction to net taxable earned surplus, then successively to

27-42    the succeeding four taxable years after the loss year or until the

27-43    loss is exhausted, whichever occurs first, but for not more than

27-44    five taxable years after the loss year.  Notwithstanding the

27-45    preceding sentence, a business loss from a tax year that ends

27-46    before January 1, 1991, may not be used to reduce net taxable

27-47    earned surplus.  A business loss incurred before January 1, 1997,

27-48    may not be used to reduce the net taxable earned surplus of a

27-49    taxable entity not subject to this chapter before January 1, 1998.

27-50          (f)  A taxable entity [corporation] may use either the "first

27-51    in-first out" or "last in-first out" method of accounting to

27-52    compute its net taxable earned surplus, but only to the extent that

27-53    the taxable entity [corporation] used that method on its most

27-54    recent federal income tax report originally due on or before the

27-55    date on which the taxable entity's [corporation's] franchise tax

27-56    report is originally due.

27-57          (g)  For purposes of this section, an approved Employee Stock

27-58    Ownership Plan controlling a minority interest and voted through a

27-59    single trustee shall be considered one owner [shareholder].

27-60          (h)  In this section, "officer" means, for a taxable entity

27-61    that is a bank, an executive officer.

27-62          SECTION 3.16.  Subchapter C, Chapter 171, Tax Code, is

27-63    amended by adding Section 171.1101 to read as follows:

27-64          Sec. 171.1101.  DETERMINATION OF NET TAXABLE EARNED SURPLUS

27-65    OF PARTNERSHIPS.  (a)  The net taxable earned surplus of a

27-66    partnership is computed by:

27-67                (1)  determining the partnership's reportable federal

27-68    taxable income and making the following adjustments:

27-69                      (A)  except for an entity described in Section

 28-1    171.001(b)(5)(B)(i), subtracting any taxable income or deductions

 28-2    included under the provisions of Section 702(a) or 1366(a),

 28-3    Internal Revenue Code, to the extent included in computing

 28-4    reportable federal taxable income from a partnership that is

 28-5    subject to the earned surplus component of the tax imposed under

 28-6    this chapter;

 28-7                      (B)  adding, for a partnership with 35 or fewer

 28-8    partners, directly or indirectly, 100 percent of compensation, to

 28-9    the extent excluded in determining reportable federal taxable

28-10    income, of each officer, director, and partner who owns 0.1 percent

28-11    or more of the partnership;

28-12                      (C)  subtracting, for a partnership with 35 or

28-13    fewer partners, directly or indirectly, an amount up to $100,000 in

28-14    compensation paid to each officer, director, and partner who owns

28-15    0.1 percent or more of the taxable entity;

28-16                      (D)  adding, for a partnership with more than 35

28-17    partners, directly or indirectly, to the extent excluded in

28-18    determining reportable federal taxable income:

28-19                            (i)  100 percent of the 35 highest amounts

28-20    of compensation of each officer, director, and partner who owns 0.1

28-21    percent or more of the partnership; and

28-22                            (ii)  50 percent of compensation of each

28-23    officer, director, and partner who owns 0.1 percent or more of the

28-24    taxable entity for which compensation is not added under

28-25    Subparagraph (i); and

28-26                      (E)  subtracting, for a partnership with more

28-27    than 35 partners, directly or indirectly, an amount up to $100,000

28-28    in compensation paid to each officer, director, and partner for

28-29    which 100 percent of compensation is added under Paragraph (D)(i);

28-30                (2)  apportioning the partnership's taxable earned

28-31    surplus to this state as provided by Section 171.106(b) or (c), as

28-32    applicable, to determine the partnership's apportioned taxable

28-33    earned surplus;

28-34                (3)  adding the partnership's taxable earned surplus

28-35    allocated to this state as provided by Section 171.1061; and

28-36                (4)  subtracting from that amount any allowable

28-37    deductions and any business loss that is carried forward to the tax

28-38    reporting period and deductible under Subsection (d).

28-39          (b)  For purposes of Subsection (a)(1):

28-40                (1)  an amount may not be subtracted from reportable

28-41    federal taxable income more than once;

28-42                (2)  an amount may not be added to reportable federal

28-43    taxable income more than once; and

28-44                (3)  in determining whether a partnership has 35 or

28-45    fewer partners, husband and wife are treated as one partner.

28-46          (c)  A partnership's reportable federal taxable income is the

28-47    amount of the income reportable to the Internal Revenue Service as

28-48    taxable to the partners, except for guaranteed payments, if taxed

28-49    as a partnership for federal income tax purposes.

28-50          (d)  For  purposes of  this section, a  business loss  is

28-51    any negative amount after apportionment and allocation.  The

28-52    business loss shall be carried forward to the year succeeding the

28-53    loss year as a deduction to net taxable earned surplus, then

28-54    successively to the succeeding four taxable years after the loss

28-55    year or until the loss is exhausted, whichever occurs first, but

28-56    for not more than five taxable years after the loss year.

28-57    Notwithstanding the preceding sentence, a business loss incurred

28-58    before January 1, 1997, may not be used to reduce net taxable

28-59    earned surplus.

28-60          (e)  In this section, "compensation" includes guaranteed

28-61    payments and distributions to a partner.

28-62          SECTION 3.17.  Subchapter C, Chapter 171, Tax Code, is

28-63    amended by adding Section 171.1102 to read as follows:

28-64          Sec. 171.1102.  ADDITIONAL ADJUSTMENT OF NET TAXABLE EARNED

28-65    SURPLUS FOR PASSIVE INCOME OF CERTAIN TAXABLE ENTITIES.  (a)  In

28-66    addition to the applicable adjustments to a taxable entity's

28-67    reportable federal taxable income provided by Section 171.110(a)(1)

28-68    or 171.1101(a)(1), the net taxable earned surplus of a taxable

28-69    entity to which this section applies is computed by subtracting any

 29-1    amount of passive income included in reportable federal taxable

 29-2    income.

 29-3          (b)  This section applies to a taxable entity other than:

 29-4                (1)  a corporation, including a banking corporation;

 29-5                (2)  a limited liability company;

 29-6                (3)  a state or federal savings and loan association;

 29-7    or

 29-8                (4)  a lending institution.

 29-9          (c)  In this section, "lending institution" means an entity:

29-10                (1)  that is regularly engaged in the business of

29-11    extending credit, making loans, or providing other forms of

29-12    financing; and

29-13                (2)  that, as a result of engaging in the activity

29-14    described by Subdivision (1), is required to register or become

29-15    licensed under state law, including registration with the Office of

29-16    Consumer Credit Commissioner under Title 79, Revised Statutes, by

29-17    another state under similar law, or by the federal government.

29-18          SECTION 3.18.  Sections 171.112(b), (c), (d), (e), (f), and

29-19    (h), Tax Code, are amended to read as follows:

29-20          (b)  Except as otherwise provided in this section, a taxable

29-21    entity [corporation] must compute gross receipts in accordance with

29-22    generally accepted accounting principles.  If generally accepted

29-23    accounting principles are unsettled or do not specify an accounting

29-24    practice for a particular purpose related to the computation of

29-25    gross receipts, the comptroller by rule may establish rules to

29-26    specify the applicable accounting practice.

29-27          (c)  A taxable entity [corporation] whose taxable capital is

29-28    less than $1 million may report its gross receipts according to the

29-29    method used in the taxable entity's [corporation's] most recent

29-30    federal income tax return originally due on or before the date on

29-31    which the taxable entity's [corporation's] franchise tax report is

29-32    originally due.  In determining if taxable capital is less than $1

29-33    million, the taxable entity [corporation] shall apply the methods

29-34    the taxable entity [corporation] used in computing that federal

29-35    income tax return unless another method is required under this

29-36    chapter.

29-37          (d)  A taxable entity [corporation] shall report its gross

29-38    receipts based solely on its own financial condition.  Consolidated

29-39    reporting of related taxable entities [corporations] is prohibited.

29-40          (e)  A taxable entity [Unless the provisions of Section

29-41    171.111 apply due to an election under that section, a corporation]

29-42    may not change its accounting methods used to calculate gross

29-43    receipts more often than once every four years without the express

29-44    written consent of the comptroller.  A change in accounting methods

29-45    is not justified solely because it results in a reduction of tax

29-46    liability.

29-47          (f)  Notwithstanding any other provision in this chapter, a

29-48    taxable entity [corporation] subject to the tax imposed by this

29-49    chapter shall use double entry bookkeeping to account for all

29-50    transactions that affect the computation of that tax.

29-51          (h)  Except as otherwise provided by this section, a taxable

29-52    entity [corporation] shall use the same accounting methods to

29-53    apportion its taxable capital as it used to compute its taxable

29-54    capital.

29-55          SECTION 3.19.  Section 171.1121, Tax Code, is amended to read

29-56    as follows:

29-57          Sec. 171.1121.  GROSS RECEIPTS FOR TAXABLE EARNED SURPLUS.

29-58    (a)  For purposes of this section, "gross receipts" means all

29-59    revenues reportable by a  taxable entity [corporation] on its

29-60    federal tax return, without deduction for the cost of property

29-61    sold, materials used, labor performed, or other costs incurred,

29-62    unless otherwise specifically provided in this chapter. "Gross

29-63    receipts" does not include revenues that are not included in

29-64    taxable earned surplus.  For example, Schedule C special deductions

29-65    and any amounts subtracted from reportable federal taxable income

29-66    under Section 171.110(a)(1) are not included in taxable earned

29-67    surplus and therefore are not considered gross receipts.

29-68          (b)  Except as otherwise provided by this section, a taxable

29-69    entity [corporation] shall use the same accounting methods to

 30-1    apportion taxable earned surplus as used in computing reportable

 30-2    federal taxable income.

 30-3          (c)  A taxable entity [corporation] shall report its gross

 30-4    receipts based solely on its own financial condition.  Consolidated

 30-5    reporting of related taxable entities [corporations] is prohibited.

 30-6          (d)  A taxable entity [Unless the provisions of Section

 30-7    171.111 apply due to an election under that section, a corporation]

 30-8    may not change its accounting methods used to calculate gross

 30-9    receipts more often than once every four years without the express

30-10    written consent of the comptroller.  A change in accounting methods

30-11    is not justified solely because it results in a reduction of tax

30-12    liability.

30-13          SECTION 3.20.  Section 171.151, Tax Code, is amended to read

30-14    as follows:

30-15          Sec. 171.151.  PRIVILEGE PERIOD COVERED BY TAX.  The

30-16    franchise tax shall be paid for each of the following:

30-17                (1)  an initial period beginning on the taxable

30-18    entity's [corporation's] beginning date and ending on the day

30-19    before the first anniversary of the beginning date;

30-20                (2)  a second period beginning on the first anniversary

30-21    of the beginning date and ending on December 31 following that

30-22    date; and

30-23                (3)  after the initial and second periods have expired,

30-24    a regular annual period beginning each year on January 1 and ending

30-25    the following December 31.

30-26          SECTION 3.21.  Section 171.152(c), Tax Code, is amended to

30-27    read as follows:

30-28          (c)  Payment of the tax covering the regular annual period is

30-29    due May 15, of each year after the beginning of the regular annual

30-30    period.  However, if the first anniversary of the taxable entity's

30-31    [corporation's] beginning date is after October 3 and before

30-32    January 1, the payment of the tax covering the first regular annual

30-33    period is due on the same date as the tax covering the initial

30-34    period.

30-35          SECTION 3.22.  Sections 171.153(a) and (c), Tax Code, are

30-36    amended to read as follows:

30-37          (a)  The tax covering the initial period is reported on the

30-38    initial report and is based on the business done by the taxable

30-39    entity [corporation] during the period beginning on the taxable

30-40    entity's [corporation's] beginning date and:

30-41                (1)  ending on the last accounting period ending date

30-42    that is at least six months after the beginning date and at least

30-43    60 days before the original due date of the initial report; or

30-44                (2)  if there is no such period ending date in

30-45    Subdivision (1) of this subsection, then ending on the day that is

30-46    the last day of a calendar month and that is nearest to the end of

30-47    the taxable entity's [corporation's] first year of business; or

30-48                (3)  ending on the day after the merger occurs, for the

30-49    survivor of a merger which occurs after the day on which the tax is

30-50    based in Subdivision (1) or Subdivision (2), whichever is

30-51    applicable, of Subsection (a)  and before January 1, of the year an

30-52    initial report is due by the survivor.

30-53          (c)  The tax covering the regular annual period is based on

30-54    the business done by the taxable entity [corporation] during its

30-55    last accounting period that ends in the year before the year in

30-56    which the tax is due;  unless a taxable entity [corporation] is the

30-57    survivor of a merger which occurs between the end of its last

30-58    accounting period in the year before the report year and January 1

30-59    of the report year, in which case the tax will be based on the

30-60    financial condition of the surviving taxable entity [corporation]

30-61    for the 12-month period ending on the day after the merger.

30-62    However, if the first anniversary of the taxable entity's

30-63    [corporation's] beginning date is after October 3 and before

30-64    January 1, the tax covering the first regular annual period is

30-65    based on the same business on which the tax covering the initial

30-66    period is based and is reported on the initial report.

30-67          SECTION 3.23.  Section 171.1532, Tax Code, is amended to read

30-68    as follows:

30-69          Sec. 171.1532.  BUSINESS ON WHICH TAX ON NET TAXABLE EARNED

 31-1    SURPLUS IS BASED.  (a)  The tax covering the privilege periods

 31-2    included on the initial report, as required by Section 171.153, is

 31-3    based on the business done by the taxable entity [corporation]

 31-4    during the period beginning on the taxable entity's [corporation's]

 31-5    beginning date and:

 31-6                (1)  ending on the last accounting period ending date

 31-7    for federal income tax purposes that is at least 60 days before the

 31-8    original due date of the initial report; or

 31-9                (2)  if there is no such period ending date in

31-10    Subdivision (1) of this subsection, then ending on the day that is

31-11    the last day of a calendar month and that is nearest to the end of

31-12    the taxable entity's [corporation's] first year of business.

31-13          (b)  The tax covering the regular annual period, other than a

31-14    regular annual period included on the initial report, is based on

31-15    the business done by the taxable entity [corporation] during the

31-16    period beginning with the day after the last date upon which net

31-17    taxable earned surplus on a previous report was based and ending

31-18    with its last accounting period ending date for federal income tax

31-19    purposes in the year before the year in which the report is

31-20    originally due.

31-21          SECTION 3.24.  Section 171.154, Tax Code, is amended to read

31-22    as follows:

31-23          Sec. 171.154.  PAYMENT TO COMPTROLLER.  A taxable entity

31-24    [corporation] on which a tax is imposed by this chapter shall pay

31-25    the tax to the comptroller.

31-26          SECTION 3.25.  Section 171.201, Tax Code, is amended to read

31-27    as follows:

31-28          Sec. 171.201.  INITIAL REPORT.  (a)  Except as provided by

31-29    Section 171.2022, a taxable entity [corporation] on which the

31-30    franchise tax is imposed shall file an initial report with the

31-31    comptroller containing:

31-32                (1)  information showing the financial condition of the

31-33    taxable entity [corporation] on the day that is the last day of a

31-34    calendar month and that is nearest to the end of the taxable

31-35    entity's [corporation's] first year of business;

31-36                (2)  the name and address of each officer and director

31-37    of the taxable entity [corporation];

31-38                (3)  the name and address of the agent of the taxable

31-39    entity [corporation] designated under Section 171.354; and

31-40                (4)  other information required by the comptroller.

31-41          (b)  The taxable entity [corporation] shall file the report

31-42    on or before the date the payment is due under Subsection (a)  of

31-43    Section 171.152.

31-44          SECTION 3.26.  Sections 171.202(a), (b), (c), (e), and (f),

31-45    Tax Code, are amended to read as follows:

31-46          (a)  Except as provided by Section 171.2022, a taxable entity

31-47    [corporation] on which the franchise tax is imposed shall file an

31-48    annual report with the comptroller containing:

31-49                (1)  financial information of the taxable entity

31-50    [corporation] necessary to compute the tax under this chapter;

31-51                (2)  the name and address of each officer and director

31-52    of the taxable entity [corporation];

31-53                (3)  the name and address of the agent of the taxable

31-54    entity [corporation] designated under Section 171.354; and

31-55                (4)  other information required by the comptroller.

31-56          (b)  The taxable entity [corporation] shall file the report

31-57    before May 16 of each year after the beginning of the regular

31-58    annual period.  The report shall be filed on forms supplied by the

31-59    comptroller.

31-60          (c)  The comptroller shall grant an extension of time to a

31-61    taxable entity [corporation] that is not required by rule to make

31-62    its tax payments by electronic funds transfer for the filing of a

31-63    report required by this section to any date on or before the next

31-64    November 15, if a taxable entity [corporation]:

31-65                (1)  requests the extension, on or before May 15, on a

31-66    form provided by the comptroller; and

31-67                (2)  remits with the request:

31-68                      (A)  not less than 90 percent of the amount of

31-69    tax reported as due on the report filed on or before November 15;

 32-1    or

 32-2                      (B)  100 percent of the tax paid in the previous

 32-3    year.

 32-4          (e)  The comptroller shall grant an extension of time for the

 32-5    filing of a report required by this section by a taxable entity

 32-6    [corporation] required by rule to make its tax payments by

 32-7    electronic funds transfer to any date on or before the next August

 32-8    15, if the taxable entity [corporation]:

 32-9                (1)  requests the extension, on or before May 15, on a

32-10    form provided by the comptroller; and

32-11                (2)  remits with the request:

32-12                      (A)  not less than 90 percent of the amount of

32-13    tax reported as due on the report filed on or before August 15; or

32-14                      (B)  100 percent of the tax paid in the previous

32-15    year.

32-16          (f)  The comptroller shall grant an extension of time to a

32-17    taxable entity [corporation] required by rule to make its tax

32-18    payments by electronic funds transfer for the filing of a report

32-19    due on or before August 15 to any date on or before the next

32-20    November 15, if the taxable entity [corporation]:

32-21                (1)  requests the extension, on or before August 15, on

32-22    a form provided by the comptroller; and

32-23                (2)  remits with the request the difference between the

32-24    amount remitted under Subsection (e) and 100 percent of the amount

32-25    of tax reported as due on the report filed on or before November

32-26    15.

32-27          SECTION 3.27.  Section 171.2022, Tax Code, is amended to read

32-28    as follows:

32-29          Sec. 171.2022.  EXEMPTION FROM REPORTING REQUIREMENTS.  A

32-30    taxable entity [corporation] that does not owe any tax under this

32-31    chapter for any period is not required to file a report under

32-32    Section 171.201, 171.202, or 171.2021.  The exemption applies only

32-33    to a period for which no tax is due.

32-34          SECTION 3.28.  Section 171.204, Tax Code, is amended to read

32-35    as follows:

32-36          Sec. 171.204.  INFORMATION REPORT.  To determine eligibility

32-37    for the exemption provided by Section 171.2022, or to determine the

32-38    amount of the franchise tax or the correctness of a franchise tax

32-39    report, the comptroller may require [an officer of] a taxable

32-40    entity [corporation] that may be subject to the tax  imposed under

32-41    this chapter to file an information report with the comptroller

32-42    stating the amount of the taxable entity's [corporation's] taxable

32-43    capital and earned surplus, or any other information the

32-44    comptroller may request.

32-45          SECTION 3.29.  Section 171.205, Tax Code, is amended to read

32-46    as follows:

32-47          Sec. 171.205.  ADDITIONAL INFORMATION REQUIRED BY

32-48    COMPTROLLER.  The comptroller may require a taxable entity

32-49    [corporation] on which the franchise tax is imposed to furnish to

32-50    the comptroller information from the taxable entity's

32-51    [corporation's] books and records that has not been filed

32-52    previously and that is necessary for the comptroller to determine

32-53    the amount of the tax.

32-54          SECTION 3.30.  Section 171.206, Tax Code, is amended to read

32-55    as follows:

32-56          Sec. 171.206.  CONFIDENTIAL INFORMATION.  Except as provided

32-57    by Section 171.207 of this code, the following information is

32-58    confidential and may not be made open to public inspection:

32-59                (1)  information that is obtained from a record or

32-60    other instrument that is required by this chapter to be filed with

32-61    the comptroller; or

32-62                (2)  information, including information about the

32-63    business affairs, operations, profits, losses, or expenditures of a

32-64    taxable entity [corporation], obtained by an examination of the

32-65    books  and records, officers, or employees of a taxable entity

32-66    [corporation] on which a tax is imposed by this chapter.

32-67          SECTION 3.31.  Section 171.208, Tax Code, is amended to read

32-68    as follows:

32-69          Sec. 171.208.  PROHIBITION OF DISCLOSURE OF INFORMATION.  A

 33-1    person, including a state officer or employee or a shareholder of a

 33-2    taxable entity [corporation], who has access to a report filed

 33-3    under this chapter may not make known in a manner not permitted  by

 33-4    law the amount or source of the taxable entity's [corporation's]

 33-5    income, profits, losses, expenditures, or other information in  the

 33-6    report relating to the financial condition of the taxable entity

 33-7    [corporation].

 33-8          SECTION 3.32.  Section 171.209, Tax Code, is amended to read

 33-9    as follows:

33-10          Sec. 171.209.  RIGHT OF OWNER [SHAREHOLDER] TO EXAMINE OR

33-11    RECEIVE REPORTS.  If an owner in [a person owning at least one

33-12    share of outstanding stock of] a taxable entity [corporation] on

33-13    whom the franchise tax is  imposed presents evidence of the

33-14    ownership to the comptroller, the person is entitled to examine or

33-15    receive a copy of an initial or annual report that is filed under

33-16    Section 171.201 or 171.202 of this code and that relates to the

33-17    taxable entity [corporation].

33-18          SECTION 3.33.  Section 171.211, Tax Code, is amended to read

33-19    as follows:

33-20          Sec. 171.211.  EXAMINATION OF [CORPORATE] RECORDS.  To

33-21    determine the franchise tax liability of a taxable entity

33-22    [corporation], the comptroller may investigate or examine the

33-23    records of the taxable entity [corporation].

33-24          SECTION 3.34.  The heading to Subchapter F, Chapter 171, Tax

33-25    Code, is amended to read as follows:

33-26      SUBCHAPTER F.  FORFEITURE OF CORPORATE AND BUSINESS PRIVILEGES

33-27          SECTION 3.35.  Subchapter F, Chapter 171, Tax Code, is

33-28    amended by adding Sections 171.260-171.275 to read as follows:

33-29          Sec. 171.260.  FORFEITURE OF RIGHT TO TRANSACT BUSINESS:

33-30    LIMITED PARTNERSHIPS.  The comptroller shall forfeit the right of a

33-31    domestic or foreign limited partnership subject to the tax imposed

33-32    by this chapter to transact business in this state if the limited

33-33    partnership:

33-34                (1)  does not file, in accordance with this chapter and

33-35    before the 45th day after the date notice of forfeiture is mailed,

33-36    a report required by this chapter;

33-37                (2)  does not pay, before the 45th day after the date

33-38    notice of forfeiture is mailed, a tax imposed by this chapter or

33-39    does not pay, before that date, a penalty imposed by this chapter

33-40    relating to that tax; or

33-41                (3)  does not permit the comptroller to investigate or

33-42    examine the records of the limited partnership to determine the

33-43    limited partnership's liability under this chapter.

33-44          Sec. 171.261.  EFFECTS OF FORFEITURE:  LIMITED PARTNERSHIPS.

33-45    If the limited partnership's right to transact business is

33-46    forfeited under this subchapter:

33-47                (1)  the limited partnership is denied the right to sue

33-48    in a court of this state; and

33-49                (2)  each partner, whether a limited or general

33-50    partner, of the limited partnership is liable for a debt of the

33-51    limited partnership as provided by Section 171.264.

33-52          Sec. 171.262.  SUIT ON CAUSE OF ACTION ARISING BEFORE

33-53    FORFEITURE:  LIMITED PARTNERSHIPS.  In a suit against a limited

33-54    partnership on a cause of action arising before the forfeiture of

33-55    the limited partnership's right to transact business, a court may

33-56    not grant affirmative relief to the limited partnership unless its

33-57    right to transact business is revived under this chapter.

33-58          Sec. 171.263.  EXCEPTION TO FORFEITURE:  LIMITED

33-59    PARTNERSHIPS.  The forfeiture of a limited partnership's right to

33-60    transact business does not apply to the privilege to defend in a

33-61    suit to forfeit the limited partnership's certificate of limited

33-62    partnership or registration of foreign limited partnership.

33-63          Sec. 171.264.  LIABILITY OF PARTNERS:  LIMITED PARTNERSHIPS.

33-64    (a)  If the right to transact business of a limited partnership is

33-65    forfeited for the failure to file a report or pay a tax or penalty,

33-66    each partner of the limited partnership, whether a limited or

33-67    general partner, is liable for each debt of the limited partnership

33-68    that is created or incurred in this state after the date on which

33-69    the report, tax, or penalty is due and before the right to transact

 34-1    business is revived.  The liability includes liability for any tax

 34-2    or penalty imposed by this chapter on the limited partnership that

 34-3    becomes due and payable after the date of the forfeiture.

 34-4          (b)  All partners are liable jointly and severally for the

 34-5    liability imposed under this subchapter.

 34-6          (c)  If a limited partnership's certificate of limited

 34-7    partnership or registration of foreign limited partnership and its

 34-8    right to transact business are forfeited and revived under this

 34-9    chapter, the liability under this section of a partner of the

34-10    limited partnership is not affected by the revival of the

34-11    certificate or registration and the right to transact business.

34-12          Sec. 171.265.  NOTICE OF FORFEITURE:  LIMITED PARTNERSHIPS.

34-13    (a)  To forfeit the right to transact business of a limited

34-14    partnership, the comptroller must notify the limited partnership

34-15    that the forfeiture will occur without a judicial proceeding unless

34-16    the limited partnership:

34-17                (1)  files, within the time established by Section

34-18    171.260, the report to which that section refers; or

34-19                (2)  pays, within the time established by Section

34-20    171.260, the delinquent tax and penalty to which that section

34-21    refers.

34-22          (b)  The notice must be written or printed and be verified by

34-23    the seal of the comptroller's office.

34-24          (c)  The comptroller shall mail the notice to the limited

34-25    partnership at least 45 days before the forfeiture of the right to

34-26    transact business.  The comptroller shall address the notice to the

34-27    limited partnership and mail it to the registered office of the

34-28    limited partnership, the last known address of the limited

34-29    partnership, or to any other place of business of the limited

34-30    partnership.

34-31          (d)  The comptroller shall keep at the comptroller's office a

34-32    record of the date on which the notice is mailed.  For the purposes

34-33    of this chapter, the notice and the record of the mailing date

34-34    constitute legal and sufficient notice of the forfeiture.

34-35          Sec. 171.266.  JUDICIAL PROCEEDING NOT REQUIRED FOR

34-36    FORFEITURE:  LIMITED PARTNERSHIPS.  The forfeiture of the right to

34-37    transact business of a limited partnership is effected by the

34-38    comptroller without a judicial proceeding.

34-39          Sec. 171.267.  REVIVAL OF RIGHT TO TRANSACT BUSINESS:

34-40    LIMITED PARTNERSHIPS.  The comptroller shall revive the right to

34-41    transact business of a limited partnership if the limited

34-42    partnership, before the forfeiture of its certificate of limited

34-43    partnership or registration of foreign limited partnership, pays

34-44    any tax, penalty, or interest due under this chapter.

34-45          Sec. 171.268.  REVOCATION OF REGISTRATION:  LIMITED LIABILITY

34-46    PARTNERSHIPS.  The comptroller shall certify to the secretary of

34-47    state for revocation and the secretary of state shall revoke the

34-48    registration of a limited liability partnership on which the tax

34-49    imposed by this chapter is imposed if the limited liability

34-50    partnership:

34-51                (1)  does not file, in accordance with this chapter and

34-52    before the 45th day after the date notice of revocation is mailed,

34-53    a report required by this chapter;

34-54                (2)  does not pay, before the 45th day after the date

34-55    notice of revocation is mailed, a tax imposed by this chapter or

34-56    does not pay, before that date, a penalty imposed by this chapter

34-57    relating to that tax; or

34-58                (3)  does not permit the comptroller to investigate or

34-59    examine the records of the limited liability partnership to

34-60    determine the limited liability partnership's liability under this

34-61    chapter.

34-62          Sec. 171.269.  EFFECTS OF REVOCATION:  LIMITED LIABILITY

34-63    PARTNERSHIPS.  If the limited liability partnership's registration

34-64    is revoked under this subchapter:

34-65                (1)  the limited liability partnership is denied  the

34-66    right to sue in a court of this state; and

34-67                (2)  each partner of the limited liability partnership

34-68    is liable for a debt of the limited liability partnership as

34-69    provided by Section 171.272.

 35-1          Sec. 171.270.  SUIT ON CAUSE OF ACTION ARISING BEFORE

 35-2    REVOCATION: LIMITED LIABILITY PARTNERSHIP.  In a suit against a

 35-3    limited liability partnership on a cause of action arising before

 35-4    the revocation of the limited liability partnership's registration,

 35-5    a court may not grant affirmative relief to the limited liability

 35-6    partnership unless its registration is revived under this chapter.

 35-7          Sec. 171.271.  EXCEPTION TO REVOCATION: LIMITED LIABILITY

 35-8    PARTNERSHIP.  The revocation of a limited liability partnership's

 35-9    registration does not apply to the privilege to defend in a suit to

35-10    revoke the limited liability partnership's registration.

35-11          Sec. 171.272.  LIABILITY OF PARTNERS: LIMITED LIABILITY

35-12    PARTNERSHIP.  (a)  If the registration of a limited liability

35-13    partnership is revoked for the failure to file a report or pay a

35-14    tax or penalty, each partner of the limited liability partnership

35-15    is liable for each debt of the limited liability partnership that

35-16    is created or incurred in this state after the date on which the

35-17    report, tax, or penalty is due and before the registration is

35-18    revived.  The liability includes liability for any tax or penalty

35-19    imposed by this chapter on the limited liability partnership that

35-20    becomes due and payable after the date of the revocation.

35-21          (b)  All partners are liable jointly and severally for the

35-22    liability imposed under this subchapter.

35-23          (c)  If a limited liability partnership's registration is

35-24    revoked and revived under this chapter, the liability under this

35-25    section of a partner of the limited liability partnership is not

35-26    affected by the revival of the certificate or registration and the

35-27    registration.

35-28          Sec. 171.273.  NOTICE OF REVOCATION:  LIMITED LIABILITY

35-29    PARTNERSHIPS.  (a)  To forfeit the registration of a limited

35-30    liability partnership, the comptroller must notify the limited

35-31    liability partnership that the revocation will occur without a

35-32    judicial proceeding unless the limited liability partnership:

35-33                (1)  files,  within the time established by Section

35-34    171.268, the report to which that section refers; or

35-35                (2)  pays, within the time established by Section

35-36    171.268, the delinquent tax and penalty to which that section

35-37    refers.

35-38          (b)  The notice must be written or printed and be verified by

35-39    the seal of the comptroller's office.

35-40          (c)  The comptroller shall mail the notice to the limited

35-41    liability partnership at least 45 days before the revocation of the

35-42    registration.  The comptroller shall address the notice to the

35-43    limited liability partnership and mail it to the last known address

35-44    of the limited liability partnership, or to any other place of

35-45    business of the limited liability partnership.

35-46          (d)  The comptroller shall keep at the comptroller's office a

35-47    record of the date on which the notice is mailed.  For the purposes

35-48    of this chapter, the notice and the record of the mailing date

35-49    constitute legal and sufficient notice of the revocation.

35-50          Sec. 171.274.  JUDICIAL PROCEEDING NOT REQUIRED FOR

35-51    REVOCATION:  LIMITED LIABILITY PARTNERSHIPS.  The revocation of the

35-52    registration of a limited liability partnership is effected by the

35-53    comptroller without a judicial proceeding.

35-54          Sec. 171.275.  REVIVAL OF REGISTRATION:  LIMITED LIABILITY

35-55    PARTNERSHIPS.  The comptroller shall revive the registration of a

35-56    limited liability partnership if the limited liability partnership

35-57    pays any tax, penalty, or interest due under this chapter.

35-58          SECTION 3.36.  Subchapter G, Chapter 171, Tax Code, is

35-59    amended by adding Sections 171.318-171.326 to read as follows:

35-60          Sec. 171.318.  GROUNDS FOR FORFEITURE OF CERTIFICATE OF

35-61    LIMITED PARTNERSHIPS OR REGISTRATION OF FOREIGN LIMITED

35-62    PARTNERSHIPS.  It is a ground for the forfeiture of a limited

35-63    partnership's certificate or registration if:

35-64                (1)  the right to transact business of the limited

35-65    partnership is forfeited under this chapter and the limited

35-66    partnership does not pay, before the 120th day after the date the

35-67    right to transact business is forfeited, the amount necessary for

35-68    the limited partnership to revive under this chapter its right to

35-69    transact business; or

 36-1                (2)  the limited partnership does not permit the

 36-2    comptroller to investigate or examine the records of the limited

 36-3    partnership to determine the limited partnership's liability under

 36-4    this chapter.

 36-5          Sec. 171.319.  CERTIFICATION BY COMPTROLLER:  LIMITED

 36-6    PARTNERSHIPS.  After the 120th day after the date that the right to

 36-7    transact business of a limited partnership is forfeited under this

 36-8    chapter, the comptroller shall certify the name of the limited

 36-9    partnership to the secretary of state.

36-10          Sec. 171.320.  FORFEITURE BY SECRETARY OF STATE:  LIMITED

36-11    PARTNERSHIPS.  The secretary of state shall forfeit the certificate

36-12    or registration of a limited partnership if:

36-13                (1)  the secretary receives the comptroller's

36-14    certification under Section 171.319;

36-15                (2)  the limited partnership does not revive its

36-16    forfeited right to transact business before the 120th day after the

36-17    date that the right to transact business was forfeited; and

36-18                (3)  the limited partnership does not have assets from

36-19    which a judgment for any tax, penalty, or court costs imposed by

36-20    this chapter may be satisfied.

36-21          Sec. 171.321.  JUDICIAL PROCEEDING NOT REQUIRED FOR

36-22    FORFEITURE BY SECRETARY OF STATE:  LIMITED PARTNERSHIPS.  The

36-23    forfeiture by the secretary of state of a limited partnership's

36-24    certificate or registration under this chapter is effected without

36-25    a judicial proceeding.

36-26          Sec. 171.322.  RECORD OF FORFEITURE BY SECRETARY OF STATE:

36-27    LIMITED PARTNERSHIPS.  The secretary of state shall effect a

36-28    forfeiture of a limited partnership's certificate or registration

36-29    under this chapter by inscribing on the limited partnership's

36-30    record in the secretary's office the words "Certificate Forfeited"

36-31    or "Registration Forfeited," the date on which this inscription is

36-32    made, and a citation to this chapter as authority for the

36-33    forfeiture.

36-34          Sec. 171.323.  REVIVAL OF CERTIFICATE OF LIMITED PARTNERSHIPS

36-35    OR REGISTRATION OF FOREIGN LIMITED PARTNERSHIPS AFTER FORFEITURE BY

36-36    SECRETARY OF STATE.  A limited partnership whose certificate or

36-37    registration is forfeited under this chapter by the secretary of

36-38    state is entitled to have its certificate or registration revived

36-39    and to have its right to transact business revived if:

36-40                (1)  the limited partnership files each report that is

36-41    required by this chapter and that is delinquent;

36-42                (2)  the limited partnership pays the tax, penalty, and

36-43    interest that is imposed by this chapter and that is due at the

36-44    time the request under Section 171.324 to set aside forfeiture is

36-45    made; and

36-46                (3)  the forfeiture of the limited partnership's

36-47    certificate or registration is set aside in a proceeding under

36-48    Section 171.324.

36-49          Sec. 171.324.  PROCEEDING TO SET ASIDE FORFEITURE BY

36-50    SECRETARY OF STATE: LIMITED PARTNERSHIPS.  (a)  If a limited

36-51    partnership's certificate or registration is forfeited under this

36-52    chapter by the secretary of state, a partner of the limited

36-53    partnership at the time of the forfeiture of the certificate or

36-54    registration or of the right to transact business of the limited

36-55    partnership may request in the name of the limited partnership that

36-56    the secretary of state set aside the forfeiture of the certificate

36-57    or registration.

36-58          (b)  If a request is made, the secretary of state shall

36-59    determine if each delinquent report has been filed and any

36-60    delinquent tax, penalty, or interest has been paid.  If each report

36-61    has been filed and the tax, penalty, or interest has been paid, the

36-62    secretary shall set aside the forfeiture of the limited

36-63    partnership's certificate or registration.

36-64          Sec. 171.325.  RIGHT TO TRANSACT BUSINESS AFTER FORFEITURE BY

36-65    SECRETARY OF STATE IS SET ASIDE:  LIMITED PARTNERSHIPS.  If the

36-66    secretary of state sets aside under this chapter the forfeiture of

36-67    a limited partnership's certificate or registration, the

36-68    comptroller shall revive the right to transact business of the

36-69    limited partnership.

 37-1          Sec. 171.326.  USE OF LIMITED PARTNERSHIP NAME AFTER REVIVAL

 37-2    OF CERTIFICATE OR REGISTRATION.  If a limited partnership's

 37-3    certificate or registration is forfeited under this chapter by the

 37-4    secretary of state and if the limited partnership requests the

 37-5    secretary to set aside the forfeiture under Section 171.324, the

 37-6    limited partnership shall determine from the secretary whether the

 37-7    limited partnership's name is available for use.  If the name is

 37-8    not available, the limited partnership shall file an amendment to

 37-9    its certificate or application or adopt a new name for use in this

37-10    state as a precondition to reinstatement.

37-11          SECTION 3.37.  Section 171.351, Tax Code, is amended to read

37-12    as follows:

37-13          Sec. 171.351.  VENUE OF SUIT TO ENFORCE CHAPTER.  Venue of a

37-14    civil suit against a taxable entity [corporation] to enforce this

37-15    chapter is either in a county where the taxable entity's

37-16    [corporation's] principal office is located according to its

37-17    charter or certificate of authority or in Travis County.

37-18          SECTION 3.38.  Section 171.353, Tax Code, is amended to read

37-19    as follows:

37-20          Sec. 171.353.  APPOINTMENT OF RECEIVER.  If a court forfeits

37-21    a taxable entity's [corporation's] charter or certificate of

37-22    authority, the court may appoint a receiver for the taxable entity

37-23    [corporation] and may administer the receivership under the laws

37-24    relating to receiverships.

37-25          SECTION 3.39.  Section 171.354, Tax Code, is amended to read

37-26    as follows:

37-27          Sec. 171.354.  AGENT FOR SERVICE OF PROCESS.  Each taxable

37-28    entity [corporation] on which a tax is imposed by this chapter

37-29    shall designate a resident of this state as the taxable entity's

37-30    [corporation's] agent for the service of process.

37-31          SECTION 3.40.  Sections 171.362(a), (d), and (e), Tax Code,

37-32    are amended to read as follows:

37-33          (a)  If a taxable entity [corporation] on which a tax is

37-34    imposed by this chapter fails to pay the tax when it is due and

37-35    payable or fails to file a report required by this chapter when it

37-36    is due, the taxable entity [corporation] is liable for a penalty of

37-37    five percent of the amount of the tax due.

37-38          (d)  If a taxable entity [corporation] electing to remit

37-39    under Paragraph (A) of Subdivision (2) of Subsection (c) of Section

37-40    171.202 of this code remits less than the amount required, the

37-41    penalties imposed by this section and the interest imposed under

37-42    Section 111.060 of this code are assessed against the difference

37-43    between the amount required to be remitted under Paragraph (A) of

37-44    Subdivision (2) of Subsection (c) of Section 171.202 and the amount

37-45    actually remitted on or before May 15.

37-46          (e)  If a taxable entity [corporation] remits the entire

37-47    amount required by Subsection (c) of Section 171.202 of this code,

37-48    no penalties will be imposed against the amount remitted on or

37-49    before November 15.

37-50          SECTION 3.41.  Sections 171.363(a) and (b), Tax Code, are

37-51    amended to read as follows:

37-52          (a)  A taxable entity [corporation] commits an offense if the

37-53    taxable entity [corporation] is subject to the provisions of this

37-54    chapter and the taxable entity [corporation] wilfully:

37-55                (1)  fails to file a report;

37-56                (2)  fails to keep books and records as required by

37-57    this chapter;

37-58                (3)  files a fraudulent report;

37-59                (4)  violates any rule of the comptroller for the

37-60    administration and enforcement of the provisions of this chapter;

37-61    or

37-62                (5)  attempts in any other manner to evade or defeat

37-63    any tax imposed by this chapter or the payment of the tax.

37-64          (b)  A person commits an offense if the person is an

37-65    accountant or an agent for or an officer or employee of a taxable

37-66    entity [corporation] and the person knowingly enters or provides

37-67    false information on any report, return, or other document filed by

37-68    the taxable entity [corporation] under this chapter.

37-69          SECTION 3.42.  Section 171.401, Tax Code, is amended to read

 38-1    as follows:

 38-2          Sec. 171.401.  REVENUE DEPOSITED IN GENERAL REVENUE FUND.

 38-3    The revenue from the tax imposed by this chapter [on corporations]

 38-4    shall be deposited to the credit of the general revenue fund.

 38-5          SECTION 3.43.  Section 171.501(a), Tax Code, is amended to

 38-6    read as follows:

 38-7          (a)  A taxable entity [corporation] that has been certified a

 38-8    qualified business as provided by Chapter 2303, Government Code,

 38-9    may apply for and be granted a refund of franchise tax paid with an

38-10    initial or annual report if the governing body or bodies certify to

38-11    the Texas Department of Commerce that the business has created 10

38-12    or more new jobs in its enterprise zone held by qualified employees

38-13    during the calendar year that contains the end of the accounting

38-14    period on which the report is based.  The Texas Department of

38-15    Commerce shall certify eligibility for any refund to the

38-16    comptroller.

38-17          SECTION 3.44.  Section 171.652, Tax Code, is amended to read

38-18    as follows:

38-19          Sec. 171.652.  CREDIT.  A taxable entity [corporation] that

38-20    meets the eligibility requirements under this subchapter is

38-21    entitled to a credit in the amount allowed by this subchapter

38-22    against the tax imposed under this chapter.

38-23          SECTION 3.45.  Section 171.653, Tax Code, is amended to read

38-24    as follows:

38-25          Sec. 171.653.  CREDIT FOR WAGES PAID TO INMATE.  (a)  The

38-26    amount of the credit for wages paid by a taxable entity

38-27    [corporation] to an inmate is equal to 10 percent of that portion

38-28    of the wages paid that the department apportions to the state under

38-29    Section 497.004(b)(3), Government Code, as reimbursement for the

38-30    cost of the inmate's confinement.

38-31          (b)  A taxable entity [corporation] is eligible for the

38-32    credit under this section only if it receives before the due date

38-33    of its franchise tax report for the privilege period for which the

38-34    credit is claimed a written certification from the department

38-35    stating the amount of the wages that the taxable entity

38-36    [corporation] paid to an inmate during the privilege period and the

38-37    amount of those wages that the department apportioned to the state

38-38    as reimbursement for the cost of the inmate's confinement.

38-39          (c)  A taxable entity [corporation] is eligible for the

38-40    credit under this section only if the inmate for whom it is paid

38-41    has been continuously employed for not less than six months.

38-42          SECTION 3.46.  Section 171.654, Tax Code, is amended to read

38-43    as follows:

38-44          Sec. 171.654.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN

38-45    INMATE.  (a)  The amount of the credit for wages paid by a taxable

38-46    entity [corporation] to an employee who was employed by the taxable

38-47    entity [corporation] when the employee was an inmate is equal to 10

38-48    percent of that portion of the wages paid that, were the employee

38-49    still an inmate, the department would apportion to the state under

38-50    Section 497.004(b)(3), Government Code, as reimbursement for the

38-51    cost of the inmate's confinement.

38-52          (b)  A taxable entity [corporation] is eligible for the

38-53    credit under this section only if:

38-54                (1)  the employee who was formerly an inmate was

38-55    continuously employed for not less than six months while an inmate

38-56    and has been continuously employed by the taxable entity

38-57    [corporation] for at least one year after the date that the

38-58    employee was released from prison;

38-59                (2)  the nature of the employment is substantially

38-60    similar to the employment the employee had with the taxable entity

38-61    [corporation] when the employee was an inmate or the employment

38-62    requires more skills or provides greater opportunities for the

38-63    employee;

38-64                (3)  the taxable entity [corporation] has provided the

38-65    department a statement of the amount of wages paid the employee

38-66    during the accounting period on which the credit is computed; and

38-67                (4)  the taxable entity [corporation] receives before

38-68    the due date of its franchise tax report for the privilege period

38-69    for which the credit is claimed a written certification from the

 39-1    department stating the amount of the wages that, were the employee

 39-2    still an inmate, the department would have apportioned to the state

 39-3    as reimbursement for the cost of the inmate's confinement.

 39-4          (c)  A taxable entity [corporation] may claim a credit under

 39-5    this section only for:

 39-6                (1)  wages paid an employee after the employee has been

 39-7    employed by the taxable entity [corporation] for more than one year

 39-8    after the date of the employee's release from prison; and

 39-9                (2)  wages paid the employee for not longer than one

39-10    year.

39-11          SECTION 3.47.  Section 171.656, Tax Code, is amended to read

39-12    as follows:

39-13          Sec. 171.656.  APPLICATION FOR CREDIT.  (a)  A taxable entity

39-14    [corporation] must apply for a credit under this subchapter on or

39-15    with the tax report for the period for which the credit is claimed.

39-16          (b)  The comptroller shall promulgate a form for the

39-17    application for the credit.  A taxable entity [corporation] must

39-18    use this form in applying for the credit.

39-19          SECTION 3.48.  Section 171.657, Tax Code, is amended to read

39-20    as follows:

39-21          Sec. 171.657.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A

39-22    taxable entity [corporation] may claim a credit under this

39-23    subchapter for wages paid during an accounting period only against

39-24    the tax owed for the corresponding privilege period.

39-25          SECTION 3.49.  Section 171.682, Tax Code, is amended to read

39-26    as follows:

39-27          Sec. 171.682.  CREDIT.  A taxable entity [corporation] that

39-28    meets the eligibility requirements under this subchapter is

39-29    entitled to a credit in the amount allowed by this subchapter

39-30    against the tax imposed under this chapter.

39-31          SECTION 3.50.  Section 171.683, Tax Code, is amended to read

39-32    as follows:

39-33          Sec. 171.683.  CREDIT FOR WAGES PAID TO ELIGIBLE CHILD.

39-34    (a)  The amount of the credit for wages paid by a taxable entity

39-35    [corporation] to an eligible child is equal to 10 percent of that

39-36    portion of the wages the taxable entity [corporation]  paid to the

39-37    eligible child or the commission for the benefit of the child.

39-38          (b)  A taxable entity [corporation] is eligible for the

39-39    credit under this section only if it files, on or before the due

39-40    date  of its franchise tax report for the privilege period for

39-41    which the credit is claimed, a written certification issued by the

39-42    commission stating the amount of the wages that the taxable entity

39-43    [corporation] paid to an eligible child or to the commission for

39-44    the  benefit of the child during:

39-45                (1)  the privilege period; and

39-46                (2)  not more than six months of the preceding

39-47    privilege period for wages for which a credit has not previously

39-48    been claimed.

39-49          (c)  A taxable entity [corporation] is eligible for the

39-50    credit under this section only if the eligible child to whom or for

39-51    whose benefit it pays wages has been continuously employed by the

39-52    taxable entity [corporation] for not less than six months.

39-53          SECTION 3.51.  Section 171.684, Tax Code, is amended to read

39-54    as follows:

39-55          Sec. 171.684.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN

39-56    ELIGIBLE CHILD.  (a)  The amount of the credit for wages paid by a

39-57    taxable entity [corporation] to an employee who was first  employed

39-58    by the taxable entity [corporation] when the employee was an

39-59    eligible child is equal to 10 percent of the wages paid  the

39-60    employee.

39-61          (b)  A taxable entity [corporation] is eligible for the

39-62    credit under this section only if:

39-63                (1)  the employee who was formerly an eligible child

39-64    was continuously employed for not less than six months while an

39-65    eligible child and has been continuously employed by the taxable

39-66    entity [corporation] for at least one year after the date that  the

39-67    employee was released from commitment to the commission or released

39-68    under supervision by the commission; and

39-69                (2)  the nature of the employment is substantially

 40-1    similar to the employment the employee had with the taxable entity

 40-2    [corporation] when the employee was an eligible child or the

 40-3    employment  requires more skills or provides greater opportunities

 40-4    for the employee.

 40-5          (c)  A taxable entity [corporation] may claim a credit under

 40-6    this section only for:

 40-7                (1)  wages paid an employee after the employee has been

 40-8    employed by the taxable entity [corporation] for more than one year

 40-9    after the earlier of the date of the employee's release from

40-10    commitment to the commission or release under supervision by the

40-11    commission; and

40-12                (2)  wages paid the employee for not longer than one

40-13    year.

40-14          SECTION 3.52.  Section 171.686, Tax Code, is amended to read

40-15    as follows:

40-16          Sec. 171.686.  APPLICATION FOR CREDIT.  (a)  A taxable entity

40-17    [corporation] must apply for a credit under this subchapter on  or

40-18    with the tax report for the period for which the credit is claimed.

40-19          (b)  The comptroller shall promulgate a form for the

40-20    application for the credit.  A taxable entity [corporation] must

40-21    use this form in applying for the credit.

40-22          SECTION 3.53.  Section 171.687, Tax Code, is amended to read

40-23    as follows:

40-24          Sec. 171.687.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A

40-25    taxable entity [corporation] may claim a credit under this

40-26    subchapter for wages paid during an accounting period only against

40-27    the tax owed for the corresponding privilege period.

40-28          SECTION 3.54.  Chapter 171, Tax Code, is amended by adding

40-29    Subchapter N to read as follows:

40-30              SUBCHAPTER N.  TAX CREDIT FOR CONTRIBUTIONS TO

40-31                    QUALIFIED EDUCATIONAL ORGANIZATIONS

40-32          Sec. 171.751.  DEFINITIONS.  In this subchapter:

40-33                (1)  "Qualified educational organization" means a

40-34    nonprofit corporation organized for educational purposes in public

40-35    schools that is exempt from the franchise tax pursuant to Section

40-36    171.061, and that utilizes at least 80 percent of its total funds

40-37    for direct assistance to economically disadvantaged children

40-38    enrolled in Texas public schools.

40-39                (2)  "Economically disadvantaged children" means

40-40    children enrolled or eligible for enrollment in the national school

40-41    lunch program for free or reduced-price lunch and enrolled in Texas

40-42    public schools.

40-43          Sec. 171.752.  CREDIT.  A taxable entity is entitled to a

40-44    credit in the amount allowed by this subchapter against the tax

40-45    imposed by this chapter for contributions made to a qualified

40-46    educational organization.

40-47          Sec. 171.753.  AMOUNT OF CREDIT.  The amount of the credit

40-48    for contributions made to a qualified educational organization is

40-49    25 percent of such contributions made during the privilege period.

40-50          Sec. 171.754.  LIMITATIONS.  (a)  The amount of credit

40-51    allowable under this subchapter shall not exceed $25,000 for the

40-52    taxable entity claiming the credit.

40-53          (b)  A taxable entity may claim a credit under this

40-54    subchapter only against the tax owed for the corresponding

40-55    privilege period.  A credit allowed under this subchapter may not

40-56    be carried forward or backward or used to create a business loss

40-57    carryover.

40-58          Sec. 171.755.  APPLICATION FOR CREDIT.  (a)  A corporation

40-59    must apply for the credit under this subchapter on or with the tax

40-60    report for the period for which the credit is claimed.

40-61          (b)  The comptroller shall promulgate a form for the

40-62    application for the credit.  A taxable entity must use this form in

40-63    applying for the credit.

40-64          Sec. 171.756.  REGISTER OF QUALIFIED EDUCATIONAL

40-65    ORGANIZATIONS.  (a)  The comptroller shall promulgate a form to be

40-66    completed by educational organizations to determine whether such

40-67    organizations satisfy the requirements of Section 171.751(1).

40-68          (b)  The comptroller shall maintain a registry of qualified

40-69    educational organizations.

 41-1          (c)  The comptroller may require any information necessary to

 41-2    determine whether an educational organization satisfies the

 41-3    requirements of Section 171.751(1).

 41-4          SECTION 3.55.  Section 3.03(a), Texas Revised Limited

 41-5    Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes),

 41-6    is amended to read as follows:

 41-7          (a)  Except as provided by Subsection (d) of this section and

 41-8    Subtitle F, Title 2, Tax Code, a limited partner is not liable for

 41-9    the  obligations of a limited partnership unless the limited

41-10    partner is also a general partner or, in addition to the exercise

41-11    of the limited partner's rights and powers as a limited partner,

41-12    the limited partner participates in the control of the business.

41-13    However, if the limited partner does participate in the control of

41-14    the business, the limited partner is liable only to persons who

41-15    transact business with the limited partnership reasonably

41-16    believing, based on the limited partner's conduct, that the limited

41-17    partner is a general partner.

41-18          SECTION 3.56.  Section 9.01(a), Texas Revised Limited

41-19    Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes),

41-20    is amended to read as follows:

41-21          (a)  Except as provided by Subtitles F and G, Title 2, Tax

41-22    Code, the [The] laws of the state under which a foreign limited

41-23    partnership is formed govern its organization and internal affairs

41-24    and the liability of its partners.

41-25          SECTION 3.57.  Chapter 13, Texas Revised Limited Partnership

41-26    Act (Article 6132a-1, Vernon's Texas Civil Statutes), is amended by

41-27    adding Section 13.10 to read as follows:

41-28          Sec. 13.10.  FORFEITURE OF RIGHT TO TRANSACT BUSINESS OR

41-29    CANCELLATION OF CERTIFICATE OR REGISTRATION.  (a)  A limited

41-30    partnership that does not comply with Subtitle F, Title 2, Tax

41-31    Code, forfeits the right to transact business and is subject to

41-32    cancellation of its certificate or registration.

41-33          (b)  Subject to Subtitles F and G, Title 2, Tax Code, the

41-34    comptroller may specify procedures for effecting the forfeiture or

41-35    cancellation and providing for relief from the forfeiture and

41-36    cancellation.

41-37          SECTION 3.58.  Section 15(2), Texas Uniform Partnership Act

41-38    (Article 6132b, Vernon's Texas Civil Statutes), is amended to read

41-39    as follows:

41-40                (2)  Except as provided by Subtitle F, Title 2, Tax

41-41    Code, a [A] partner in a registered limited liability partnership

41-42    is not individually liable for debts and obligations of the

41-43    partnership arising from errors, omissions, negligence,

41-44    incompetence, or malfeasance committed in the course of the

41-45    partnership business by another partner or a representative of the

41-46    partnership not working under the supervision or direction of the

41-47    first partner at the time the errors, omissions, negligence,

41-48    incompetence, or malfeasance occurred, unless the first partner:

41-49                      (a)  was directly involved in the specific

41-50    activity in which the errors, omissions, negligence, incompetence,

41-51    or malfeasance were committed by the other partner or

41-52    representative; or

41-53                      (b)  had notice or knowledge of the errors,

41-54    omissions, negligence, incompetence, or malfeasance by the other

41-55    partner or representative at the time of occurrence.

41-56          SECTION 3.59.  Section 45-A, Texas Uniform Partnership Act

41-57    (Article 6132b, Vernon's Texas Civil Statutes), is amended by

41-58    adding Subsection (7) to read as follows:

41-59          (7)  The secretary of state shall revoke registration on

41-60    notice from the comptroller that a registered limited liability

41-61    partnership has not complied with Subtitle F, Title 2, Tax Code.

41-62          SECTION 3.60.  Section 3.08(a)(1), Texas Revised Partnership

41-63    Act (Article 6132b-3.08, Vernon's Texas Civil Statutes), is amended

41-64    to read as follows:

41-65                (1)  Except as provided by Subtitle F, Title 2, Tax

41-66    Code, a [A] partner in a registered limited  liability partnership

41-67    is not individually liable for debts and obligations of the

41-68    partnership arising from errors, omissions, negligence,

41-69    incompetence, or malfeasance committed while the partnership is a

 42-1    registered limited liability partnership and in the course of the

 42-2    partnership business by another partner or a representative of the

 42-3    partnership not working under the supervision or direction of the

 42-4    first partner unless the first partner:

 42-5                      (A)  was directly involved in the specific

 42-6    activity in which the errors, omissions, negligence, incompetence,

 42-7    or malfeasance were committed by the other partner or

 42-8    representative; or

 42-9                      (B)  had notice or knowledge of the errors,

42-10    omissions, negligence, incompetence, or malfeasance by the other

42-11    partner or representative at the time of occurrence and then failed

42-12    to take reasonable steps to prevent or cure the errors, omissions,

42-13    negligence, incompetence, or malfeasance.

42-14          SECTION 3.61.  Section 3.08(b), Texas Revised Partnership Act

42-15    (Article 6132b-3.08, Vernon's Texas Civil Statutes), is amended by

42-16    adding Subdivision (16) to read as follows:

42-17                (16)  The secretary of state shall revoke registration

42-18    on notice from the comptroller that a registered limited liability

42-19    partnership has not complied with Subtitle F, Title 2, Tax Code.

42-20          SECTION 3.62.  The following provisions of the Tax Code are

42-21    repealed:

42-22                (1)  Section 171.056;

42-23                (2)  Section 171.104;

42-24                (3)  Section 171.107;

42-25                (4)  Section 171.111; and

42-26                (5)  Section 171.113.

42-27          SECTION 3.63.  (a)  Subject to other provisions of this

42-28    section, this article takes effect for initial or annual reports

42-29    originally due January 1, 1998, or later, and for final reports

42-30    originally due on the effective date of this Act or later.

42-31          (b)  For an entity becoming subject to the franchise tax

42-32    under this article:

42-33                (1)  no income or losses occurring before January 1,

42-34    1997, which would have been included in federal taxable income on a

42-35    federal period ending December 31, 1996, or earlier had the entity

42-36    been required to file a return for federal income tax purposes

42-37    through December 31, 1996, shall be considered for purposes of the

42-38    earned surplus component;

42-39                (2)  for entities in existence on January 1, 1997,

42-40    which would have been subject to the franchise tax had this article

42-41    been in effect on January 1, 1997, the first report due under this

42-42    article will be either a final report, if applicable, or an annual

42-43    report due May 15, 1998; and

42-44                (3)  for entities which would have become subject to

42-45    the franchise tax after January 1, 1997, even if this article had

42-46    been effective on January 1, 1997, the first report due under this

42-47    article will be an initial report or a final report, if applicable.

42-48          (c)  For purposes of this article, an existing partnership

42-49    shall be considered as continuing if it is not terminated.

42-50          (d)  A partnership shall be considered as terminated only if:

42-51                (1)  no part of any business, financial operation, or

42-52    venture of the partnership continues to be carried on by any of its

42-53    partners in a partnership; or

42-54                (2)  within a 12-month period there is a sale or

42-55    exchange of 50 percent or more of the total interest in partnership

42-56    capital and profits.

42-57          (e)  In the case of a merger or consolidation of two or more

42-58    partnerships, the resulting partnership shall, for purposes of this

42-59    article, be considered the continuation of any merging or

42-60    consolidating partnership whose members own an interest of more

42-61    than 50 percent in the capital and profits of the resulting

42-62    partnership.

42-63          (f)  In the case of a division of a partnership into two or

42-64    more partnerships, the resulting partnerships (other than any

42-65    resulting partnership the members of which had an interest of 50

42-66    percent or less in the capital and profits of the prior

42-67    partnership) shall, for purposes of this article, be considered a

42-68    continuation of the prior partnership.

 43-1                           ARTICLE 4.  SALES TAX

 43-2          SECTION 4.01.  Section 151.0028, Tax Code, is amended by

 43-3    adding Subsection (c) to read as follows:

 43-4          (c)  "Amusement services" includes the provision of a sports

 43-5    or athletic event.

 43-6          SECTION 4.02.  Section 151.008, Tax Code, is amended to read

 43-7    as follows:

 43-8          Sec. 151.008.  "SELLER" OR "RETAILER".  (a)  "Seller" or

 43-9    "retailer" means a person engaged in the business of making sales

43-10    of taxable items of a kind the receipts from the sale of which are

43-11    included in the measure of the sales or use tax imposed by this

43-12    chapter.

43-13          (b)  "Seller" and "retailer" include:

43-14                (1)  a person in the business of making sales at

43-15    auction of tangible personal property owned by the person or by

43-16    another;

43-17                (2)  a person who makes more than two sales of taxable

43-18    items during a 12-month period, including sales made in the

43-19    capacity of an assignee for the benefit of creditors or receiver or

43-20    trustee in bankruptcy;

43-21                (3)  a person regarded by the comptroller as a seller

43-22    or retailer under Section 151.024 of this code;

43-23                (4)  a hotel, motel, or owner or lessor of an office or

43-24    residential building or development that contracts and pays for

43-25    telecommunications services for resale to guests or tenants; and

43-26                (5)  a person that has a physical presence in this

43-27    state and that purposefully avails itself of the benefits of this

43-28    state's market by soliciting sales from customers located in this

43-29    state by any means, including the distribution of catalogs,

43-30    periodicals, advertising flyers, electronic images, or other means

43-31    of advertising through print, billboard, radio, television, mail,

43-32    telegraphy, telephone, computer database, cable, optic, microwave,

43-33    or other communication system.

43-34          (c)  A person has a physical presence in this state for

43-35    purposes of this chapter if any of the following conditions are

43-36    met:

43-37                (1)  the person directly or indirectly owns real or

43-38    tangible property located in this state that is used for business

43-39    purposes, if the property has a value in excess of $1,000 and is

43-40    present in this state for more than 30 days during any 12-month

43-41    period; other than real or tangible property temporarily in this

43-42    state for the purpose of fabricating, processing, printing,

43-43    imprinting, or similar activities;

43-44                (2)  the person or the person's representative

43-45    maintains a place of business in this state, including an office,

43-46    place of distribution, sales or sample room, warehouse, workshop,

43-47    or stock of goods or samples;

43-48                (3)  the person or the person's representative permits

43-49    the person's customers to return their purchases to a location in

43-50    this state;

43-51                (4)  the person or the person's representative makes

43-52    the person's catalogs, brochures, circulars, pamphlets, samples, or

43-53    other advertising material available at a fixed place of business

43-54    of the person or the person's representative located in this state;

43-55                (5)  the person has a representative in this state who

43-56    regularly or systematically solicits or sells on the person's

43-57    behalf;

43-58                (6)  the person has a representative in this state that

43-59    regularly or systematically engages in activities on the person's

43-60    behalf that:

43-61                      (A)  are significantly associated with the

43-62    person's ability to establish or maintain its market in this state;

43-63                      (B)  make possible the realization and

43-64    continuation of valuable relations between the person and its

43-65    customers;

43-66                      (C)  are directed at resolving problems regarding

43-67    the use of a product or service sold by the person to customers in

43-68    this state;

43-69                      (D)  are directed at obtaining or retaining the

 44-1    good-will of the person's customers; or

 44-2                      (E)  provide assistance to an in-state service

 44-3    department in repairing a product sold by the person in this state;

 44-4                (7)  the person has a representative in this state that

 44-5    regularly or systematically repairs, installs, services, or

 44-6    maintains products sold by the person to customers located in this

 44-7    state, or that offers technical advice or support with respect to

 44-8    those products, or that holds out to be available to perform these

 44-9    activities in accordance with a warranty provided by the person to

44-10    the person's customers located in this state; or

44-11                (8)  the person regularly or systematically uses

44-12    trucks, cars, trailers, or other means of transportation that the

44-13    person owns or controls, directly or indirectly, to deliver in this

44-14    state products sold to customers.

44-15          (d)  For purposes of this chapter, a person is considered as

44-16    owning property located in this state that is owned by any

44-17    corporation in which the person directly or constructively owns 50

44-18    percent or more of the total combined voting power of all classes

44-19    of stock of the corporation entitled to vote, ownership "by vote,"

44-20    or 50 percent or more of the total value of the stock of that

44-21    corporation, ownership "by value."

44-22          (e)  In determining its ownership interests in a corporation,

44-23    the person shall apply, as adjusted, the constructive ownership

44-24    rules provided in Section 267(c) or Section 318(a), Internal

44-25    Revenue Code of 1986, as amended, employing whichever of those

44-26    sections results in the higher ownership percentage. The rules

44-27    provided in those sections shall be adjusted by replacing the term

44-28    "50 percent or more in value" with "50 percent or more in value or

44-29    50 percent or more of the total combined voting power of all

44-30    classes of stock entitled to vote."

44-31          (f)  A person is considered as indirectly owning any real or

44-32    tangible property located in this state that is owned by any

44-33    partnership of which the person is a partner.

44-34          (g)  A person is considered as indirectly owning any real or

44-35    tangible property located in this state that is owned by any trust

44-36    or estate of which it is a beneficiary.

44-37          (h)  In determining whether a person indirectly owns real or

44-38    tangible property located within the state, Section 267(c) or

44-39    Section 318(a), Internal Revenue Code of 1986, as amended, shall be

44-40    applied by substituting the phrase "real or tangible property

44-41    located in the state" for the word "stock."  Notwithstanding the

44-42    preceding substitution, Section 318(a)(2)(C), Internal Revenue Code

44-43    of 1986, as amended, shall be read as follows:  "If 50 percent or

44-44    more of the stock of a corporation, by vote or value under

44-45    Subsection (e), is owned directly or indirectly by or for any

44-46    person, the corporation is considered as owning the property

44-47    located in this state that is owned directly or indirectly by or

44-48    for the person.

44-49          (i)  In this section:

44-50                (1)  "Representative" of a person includes an employee,

44-51    independent contractor, or agent of that person, other than an

44-52    independent agent acting as a freight forwarder or common carrier

44-53    in its own business, acting on behalf of that person, or any person

44-54    that is obligated to provide services or warranty repairs to the

44-55    customers of that person in accordance with a contractual

44-56    arrangement with that person.

44-57                (2)  "Person" includes an individual, corporation,

44-58    limited liability company, partnership, firm, joint venture,

44-59    association, estate, trust, receiver, trustee in bankruptcy,

44-60    syndicate, or any other entity having legal status under the laws

44-61    of this state.  [who engages in regular or systematic solicitation

44-62    of sales of taxable items in this state by the distribution of

44-63    catalogs, periodicals, advertising flyers, or other advertising, by

44-64    means of print, radio, or television media, or by mail, telegraphy,

44-65    telephone, computer data base, cable, optic, microwave, or other

44-66    communication system for the purpose of effecting sales of taxable

44-67    items.]

44-68          SECTION 4.03.  Section 151.009, Tax Code, is amended to read

44-69    as follows:

 45-1          Sec. 151.009.  "TANGIBLE PERSONAL PROPERTY".  "Tangible

 45-2    personal property" means personal property that can be seen,

 45-3    weighed, measured, felt, or touched or that is perceptible to the

 45-4    senses in any other manner, and, for the purposes of this chapter,

 45-5    the term includes a computer program and a telephone prepaid

 45-6    calling card.

 45-7          SECTION 4.04.  Section 151.0103, Tax Code, is amended to read

 45-8    as follows:

 45-9          Sec. 151.0103.  TELECOMMUNICATIONS SERVICES.  (a)  For the

45-10    purposes of this title only, "telecommunications services" means

45-11    the electronic or electrical transmission, conveyance, routing, or

45-12    reception of sounds, signals, data, or information utilizing wires,

45-13    cable, radio waves, microwaves, satellites, fiber optics, or any

45-14    other method now in existence or that may be devised, including but

45-15    not limited to long-distance telephone service.  The term does not

45-16    include:

45-17                (1)  the [The] storage of data or information for

45-18    subsequent retrieval or the processing, or reception and

45-19    processing, of data or information intended to change its form or

45-20    content; or

45-21                (2)  the sale or use of a telephone prepaid calling

45-22    card.

45-23          (b)  The sale or use of a telephone prepaid calling card is

45-24    considered to be a sale or use of tangible personal property. [are

45-25    not included in "telecommunications services."]

45-26          SECTION 4.05.  Subchapter A, Chapter 151, Tax Code, is

45-27    amended by adding Section 151.01032 to read as follows:

45-28          Sec. 151.01032.  "TELEPHONE PREPAID CALLING CARD".

45-29    "Telephone prepaid calling card" means a card or other item,

45-30    including an access code, that represents the right to make one or

45-31    more telephone calls for which payment is made in incremental

45-32    amounts and before the call is initiated.

45-33          SECTION 4.06.  Subchapter B, Chapter 151, Tax Code, is

45-34    amended by adding Sections 151.0231 and 151.0232 to read as

45-35    follows:

45-36          Sec. 151.0231.  PRODUCTION OF CUSTOMERS LIST.  If the

45-37    comptroller has reason to believe that a seller or retailer does

45-38    not have a physical presence in this state as provided by Section

45-39    151.008, the comptroller may require the seller or retailer to

45-40    provide a report of all persons in this state to whom the seller or

45-41    retailer sold taxable goods or services during the previous

45-42    calendar year.  The comptroller may set forth the conditions under

45-43    which the report is to be made, taking into account the manner in

45-44    which the seller or retailer normally maintains its records.  The

45-45    report must include each purchaser's name and address and the

45-46    amount of the taxable goods or services purchased.  The comptroller

45-47    may request a report by contacting the seller or retailer at the

45-48    seller's or retailer's last known business address.  The

45-49    comptroller may share information obtained in a report filed under

45-50    this section with other tax authorities on a confidential basis.

45-51          Sec. 151.0232.  REPORTING CONTRACTUAL ARRANGEMENTS.  Any

45-52    vendor that has made arrangements for the service, maintenance, or

45-53    installation of its products in this state or for the performance

45-54    of warranty work on goods sold to customers located in this state

45-55    shall notify the comptroller of these arrangements within 30 days

45-56    of making those arrangements unless the vendor has registered as a

45-57    retailer engaged in business in this state within the meaning of

45-58    Section 151.106.

45-59          SECTION 4.07.  Section 151.107(a), Tax Code, is amended to

45-60    read as follows:

45-61          (a)  For the purpose of this subchapter and in relation to

45-62    the use tax, a retailer is engaged in business in this state if the

45-63    retailer:

45-64                (1)  maintains, occupies, or uses in this state

45-65    permanently, temporarily, directly, or indirectly or through a

45-66    representative, [subsidiary or agent] by whatever name, an office,

45-67    place of distribution, sales or sample room or place, warehouse,

45-68    storage place, or any other place of business;

45-69                (2)  has a representative[, agent, salesman, canvasser,

 46-1    or solicitor] operating in this state [under the authority of the

 46-2    retailer or its subsidiary] for the purpose of selling or

 46-3    delivering or the taking of orders for a taxable item;

 46-4                (3)  derives rentals from a lease of tangible personal

 46-5    property situated in this state;

 46-6                (4)  engages in regular or systematic solicitation of

 46-7    sales of taxable items in this state by the distribution of

 46-8    catalogs, periodicals, advertising flyers, electronic images, or

 46-9    other advertising, by means of print, radio, or television media,

46-10    or by mail, telegraphy, telephone, computer data base, cable,

46-11    optic, microwave, or other communication system for the purpose of

46-12    effecting sales of taxable items, and has a physical presence in

46-13    this state as provided by Section 151.008(c);

46-14                (5)  [solicits orders for taxable items by mail or

46-15    through other media and under federal law is subject to or

46-16    permitted to be made subject to the jurisdiction of this state for

46-17    purposes of collecting the taxes imposed by this chapter;]

46-18                [(6)]  has a franchisee or licensee operating under its

46-19    trade name if the franchisee or licensee is required to collect the

46-20    tax under this section; or

46-21                (6) [(7)]  otherwise does business in this state and

46-22    under federal law, as interpreted in the year the tax is imposed on

46-23    the retailer, is subject to or permitted to be made subject to the

46-24    jurisdiction of this state for purposes of collecting the taxes

46-25    imposed by this chapter.

46-26          SECTION 4.08.  Section 151.3101, Tax Code, is amended by

46-27    adding Subsection (c) to read as follows:

46-28          (c)  This section does not exempt:

46-29                (1)  a sports or athletic event provided by an

46-30    institution of higher education or a private or independent

46-31    institution of higher education, as those terms are defined by

46-32    Section 61.003, Education Code; or

46-33                (2)  a musical concert performance or other amusement

46-34    that is not solely for educational purposes if an institution of

46-35    higher education or a private or independent institution of higher

46-36    education, as those terms are defined by Section 61.003, Education

46-37    Code, contracts with an entity other than another institution of

46-38    higher education or a private or independent institution of higher

46-39    education for the provision of the amusement.

46-40          SECTION 4.09.  Section 151.317(c)(2), Tax Code, is amended to

46-41    read as follows:

46-42                (2)  "Commercial use" means use by a person engaged in

46-43    selling, warehousing, or distributing a commodity or a professional

46-44    or personal service, but does not include:

46-45                      (A)  use by a person engaged in:

46-46                            (i)  processing tangible personal property

46-47    for sale as tangible personal property, other than preparation or

46-48    storage of food for immediate consumption;

46-49                            (ii)  exploring for, producing, or

46-50    transporting, a material extracted from the earth;

46-51                            (iii)  agriculture, including dairy or

46-52    poultry operations and pumping for farm or ranch irrigation;

46-53                            (iv)  electrical processes such as

46-54    electroplating, electrolysis, and cathodic protection; [or]

46-55                            (v)  the off-wing processing, overhaul, or

46-56    repair of a jet turbine engine or its parts for a certificated or

46-57    licensed carrier of persons or property; or

46-58                            (vi)  providing, under contracts with or on

46-59    behalf of the United States government or foreign governments,

46-60    defense or national security-related electronics, classified

46-61    intelligence data processing and handling systems, or

46-62    defense-related platform modifications or upgrades; or

46-63                      (B)  a direct or indirect use, consumption, or

46-64    loss of electricity by an electric utility engaged in the purchase

46-65    of electricity for resale.

46-66          SECTION 4.10.  Subchapter L, Chapter 151, Tax Code, is

46-67    amended by adding Sections 151.7091, 151.7092, and 151.7093 to read

46-68    as follows:

46-69          Sec. 151.7091.  PENALTY FOR FAILING TO SUBMIT REPORT ON

 47-1    REQUEST.  (a)  A seller or retailer commits an offense if the

 47-2    seller or retailer fails to provide the report required by Section

 47-3    151.0231 within 30 days after receiving the comptroller's request

 47-4    for that information.

 47-5          (b)  An offense under this section is a Class C misdemeanor.

 47-6    A separate offense is committed each day that this section is

 47-7    violated.

 47-8          Sec. 151.7092.  PENALTY FOR FAILING TO NOTIFY COMPTROLLER.

 47-9    (a)  A seller or retailer commits an offense if the seller or

47-10    retailer fails to notify the comptroller as required by Section

47-11    151.0231 within 30 days after making arrangements for the service,

47-12    maintenance, or installation of its products in this state, or for

47-13    the performance of warranty work on goods sold to customers located

47-14    in this state.

47-15          (b)  An offense under this section is a Class C misdemeanor.

47-16    A separate offense is committed each day that this section is

47-17    violated.

47-18          Sec. 151.7093.  ENFORCEMENT.  (a)  The comptroller or

47-19    attorney general may file suit against a seller or retailer to

47-20    require the seller or retailer to file a report required by Section

47-21    151.0231 if the seller or retailer has failed to file a report as

47-22    required by Section 151.0231 within 30 days after receiving the

47-23    comptroller's request for that information.

47-24          (b)  The comptroller or attorney general may file suit

47-25    against a vendor required to notify the comptroller under Section

47-26    151.0232 if the vendor does not notify the comptroller of

47-27    arrangements for the service, maintenance, or installation of its

47-28    products in this state or for the performance of warranty work on

47-29    goods sold to customers located in this state within 30 days of

47-30    making those arrangements.

47-31          SECTION 4.11.  Subchapter M, Chapter 151, Tax Code, is

47-32    amended by adding Section 151.8015 to read as follows:

47-33          Sec. 151.8015.  DISPOSITION OF CERTAIN REVENUE.  (a)  Not

47-34    later than the last day of the first month of each calendar

47-35    quarter, the comptroller shall compute the total amount of the

47-36    increased sales tax revenue that, during the preceding calendar

47-37    quarter, resulted from the amendments to Sections 151.008 and

47-38    151.107, and by the addition of Sections 151.0231, 151.0232,

47-39    151.7091, 151.7092, and 151.7093 by H.B. No. 4, Acts of the 75th

47-40    Legislature, Regular Session, 1997.

47-41          (b)  The comptroller shall credit 50 percent of the amount

47-42    computed under Subsection (a) into a special account of the general

47-43    revenue fund.  Money credited to the account may be used only by

47-44    the Texas Education Agency to provide grants for community based

47-45    adult literacy services.

47-46          SECTION 4.12.  There is appropriated to the Texas Education

47-47    Agency the amounts deposited to the credit of the special account

47-48    described by Section 151.8015(b), Tax Code, as added by this

47-49    article, for use in providing grants for community based adult

47-50    literacy services.

47-51          SECTION 4.13.  (a)  Subchapter F, Chapter 111, Tax Code, is

47-52    repealed.

47-53          (b)  The repeal of Subchapter F, Chapter 111, Tax Code, made

47-54    by this Act applies only to an application for a refund filed with

47-55    the comptroller on or after the effective date of this Act.  An

47-56    application filed with the comptroller before the effective date of

47-57    this Act is covered by the law in effect immediately before the

47-58    effective date of this Act, and that law is continued in effect for

47-59    that purpose.

47-60          SECTION 4.14.  (a)  There are exempted from the taxes imposed

47-61    by Chapter 151, Tax Code, the receipts from the sale, use, storage,

47-62    rental, or other consumption in this state of items or services

47-63    that became subject to the taxes because of the terms of this

47-64    article and that are the subject of a written contract or bid

47-65    entered into on or before March 1, 1997.

47-66          (b)  The exemption provided by this section expires January

47-67    1, 2000.

47-68          SECTION 4.15.  Except as provided by this article, this

47-69    article takes effect October 1, 1997.

 48-1                        ARTICLE 5. LOTTERY REVENUE

 48-2          SECTION 5.01.  Section 466.015, Government Code, is amended

 48-3    by amending Subsection (c) and adding Subsection (d) to read as

 48-4    follows:

 48-5          (c)  The commission may adopt rules governing the

 48-6    establishment and operation of the lottery, including rules

 48-7    governing:

 48-8                (1)  the type of lottery games to be conducted;

 48-9                (2)  the price of each ticket;

48-10                (3)  the number of winning tickets and amount of the

48-11    prize paid on each winning ticket, except that the total amount of

48-12    prizes awarded under this chapter may not exceed the amount

48-13    described in Subsection (d);

48-14                (4)  the frequency of the drawing or selection of a

48-15    winning ticket;

48-16                (5)  the number and types of locations at which a

48-17    ticket may be sold;

48-18                (6)  the method to be used in selling a ticket;

48-19                (7)  the use of vending machines or electronic or

48-20    mechanical devices of any kind, other than machines or devices that

48-21    dispense currency or coins as prizes;

48-22                (8)  the manner of paying a prize to the holder of a

48-23    winning ticket;

48-24                (9)  the investigation of possible violations of this

48-25    chapter or any rule adopted under this chapter;

48-26                (10)  the means of advertising to be used for the

48-27    lottery;

48-28                (11)  the qualifications of vendors of lottery services

48-29    or equipment;

48-30                (12)  the confidentiality of information relating to

48-31    the operation of the lottery, including:

48-32                      (A)  trade secrets;

48-33                      (B)  security measures, systems, or procedures;

48-34                      (C)  security reports;

48-35                      (D)  bids or other information regarding the

48-36    commission's contracts, if disclosure of the information would

48-37    impair the commission's ability to contract for facilities, goods,

48-38    or services on terms favorable to the commission;

48-39                      (E)  personnel information unrelated to

48-40    compensation, duties, qualifications, or responsibilities; and

48-41                      (F)  information obtained by commission security

48-42    officers or investigators;

48-43                (13)  the development and availability of a model

48-44    agreement governing the division of a prize among multiple

48-45    purchasers of a winning ticket purchased through a group purchase

48-46    or pooling arrangement;

48-47                (14)  the criteria to be used in evaluating bids for

48-48    contracts for lottery facilities, goods, and services; [or]

48-49                (15)  a competitive bidding process that complies with

48-50    Section 2155.132 and rules adopted under that section to award a

48-51    contract with a duration of not more than four years under Section

48-52    466.014(b); or

48-53                (16)  any other matter necessary or desirable as

48-54    determined by the commission, to promote and ensure:

48-55                      (A)  the integrity, security, honesty, and

48-56    fairness of the operation and administration of the lottery; and

48-57                      (B)  the convenience of players and holders of

48-58    winning tickets.

48-59          (d)  The total amount of lottery prizes that the commission

48-60    may award  for all lottery games in any fiscal year may not exceed

48-61    an amount equal to the gross revenue from the sale of tickets in

48-62    that fiscal year multiplied by the percentage amount of lottery

48-63    prizes awarded for all lottery games in fiscal year 1997 as

48-64    determined by the comptroller minus an amount equal to five percent

48-65    of gross lottery revenue for the fiscal year in which the prizes

48-66    are being awarded.

48-67          SECTION 5.02.  Section 466.355(b), Government Code, is

48-68    amended to read as follows:

48-69          (b)  Money in the state lottery account may be used only for

 49-1    the following purposes and shall be distributed as follows:

 49-2                (1)  the payment of prizes to the holders of winning

 49-3    tickets;

 49-4                (2)  the payment of costs incurred in the operation and

 49-5    administration of the lottery, including any fees received by a

 49-6    lottery operator, provided that the costs incurred in a fiscal

 49-7    biennium may not exceed an amount equal to 15 percent of the gross

 49-8    revenue accruing from the sale of tickets in that biennium;

 49-9                (3)  the establishment of a pooled bond fund, lottery

49-10    prize reserve fund, unclaimed prize fund, and prize payment

49-11    account;  and

49-12                (4)  the balance, after creation of a reserve

49-13    sufficient to pay the amounts needed or estimated to be needed

49-14    under Subdivisions (1) through (3), to be transferred to the

49-15    foundation school [unobligated portion of the general revenue]

49-16    fund, on or before the 15th day of  each month.

49-17          SECTION 5.03.  This article takes effect September  1, 1997.

49-18          SECTION 5.04.  (a)  Except as provided by Subsection (b) of

49-19    this section, the change in law made to Section 466.015, Government

49-20    Code, by this article, applies to a game distributed to a lottery

49-21    sales agent on or after the effective date of this article. A game

49-22    distributed to a lottery sales agent before that date is governed

49-23    by the law in effect when the game was distributed to a lottery

49-24    sales agent, and that law is continued in effect for that purpose.

49-25          (b)  In fiscal year 1998, the total amount of lottery prizes

49-26    that the Texas Lottery Commission may award under Section

49-27    466.015(d), Government Code, as added by this article, may not

49-28    exceed  an amount equal to the gross revenue from the sale of

49-29    lottery tickets multiplied by the percentage amount of lottery

49-30    prizes awarded for all lottery games in fiscal year 1997 as

49-31    determined by the comptroller minus an amount equal to four and

49-32    one-half percent of gross lottery revenue for the 1998 fiscal year.

49-33          SECTION 5.05.  The change in law made to Section 466.355,

49-34    Government Code, by this article applies only to a transfer from

49-35    the state lottery account made on or after the effective date of

49-36    this article.

49-37                   ARTICLE 6.  ALCOHOLIC BEVERAGE TAXES

49-38          SECTION 6.01.  Sections 201.03, 201.04, and 201.09, Alcoholic

49-39    Beverage Code, are amended to read as follows:

49-40          Sec. 201.03.  Tax on Distilled Spirits.  (a)  A tax is

49-41    imposed on the first sale of distilled spirits at the rate of $2.64

49-42    [$2.40] per gallon.

49-43          (b)  The minimum tax imposed on packages of distilled spirits

49-44    containing two ounces or less is 5.5 [five] cents per package.

49-45          (c)  Should packages containing less than one-half pint but

49-46    more than two ounces ever be legalized in this state, the minimum

49-47    tax imposed on each of these packages is $0.134 [$0.122].

49-48          Sec. 201.04.  Tax on Vinous Liquor.  (a)  A tax is imposed on

49-49    the first sale of vinous liquor that does not contain over 14

49-50    percent of alcohol by volume at the rate of 22.44 [20.4] cents per

49-51    gallon.

49-52          (b)  A tax is imposed on vinous liquor that contains more

49-53    than 14 percent of alcohol by volume at the rate of 44.88 [40.8]

49-54    cents per gallon.

49-55          (c)  A tax is imposed on artificially carbonated and natural

49-56    sparkling vinous liquor at the rate of 56.76 [51.6] cents per

49-57    gallon.

49-58          Sec. 201.09.  REFUND DUE ON DISPOSITION OUTSIDE OF STATE.

49-59    The holder of any permit authorizing the transportation of liquor

49-60    out of this state may apply to the commission for a refund of the

49-61    excise tax on liquor on which the state tax has been paid on proper

49-62    proof that the liquor was sold or disposed of outside of this

49-63    state.  This section does not apply to the holder of an airline

49-64    beverage permit or passenger train permit.

49-65          SECTION 6.02.  Section 201.42, Alcoholic Beverage Code, is

49-66    amended to read as follows:

49-67          Sec. 201.42.  Tax on Ale and Malt Liquor.  A tax is imposed

49-68    on the first sale of ale and malt liquor at the rate of $0.2178

49-69    [$0.198] per gallon.

 50-1          SECTION 6.03.  Section 203.01, Alcoholic Beverage Code, is

 50-2    amended to read as follows:

 50-3          Sec. 203.01.  Tax on Beer.  A tax is imposed on the first

 50-4    sale of beer manufactured in this state or imported into this state

 50-5    at the rate of $6.60 [six dollars] per barrel.

 50-6          SECTION 6.04.  (a)  This article takes effect September 1,

 50-7    1997.

 50-8          (b)  In addition to the holders of any alcoholic beverage

 50-9    license or permit, the provisions of this article also apply to the

50-10    holder of a food and beverage certificate issued by the Texas

50-11    Alcoholic Beverage Commission.

50-12              ARTICLE 7.  CIGARETTE AND TOBACCO PRODUCTS TAX

50-13          SECTION 7.01.  Section 154.021(b), Tax Code, is amended to

50-14    read as follows:

50-15          (b)  The tax rates are:

50-16                (1)  $30.50 [$20.50] per thousand on cigarettes

50-17    weighing three pounds or less per thousand; and

50-18                (2)  the rate provided by Subdivision (1) plus $2.10

50-19    per thousand on cigarettes weighing more than three pounds per

50-20    thousand.

50-21          SECTION 7.02.  Section 155.0211(b), Tax Code, is amended to

50-22    read as follows:

50-23          (b)  The tax rate for tobacco products other than cigars is

50-24    52.820 [35.213] percent of the manufacturer's list price, exclusive

50-25    of any trade discount, special discount, or deal.

50-26          SECTION 7.03.  This article takes effect September 1, 1997.

50-27          ARTICLE 8.  INTERSTATE MOTOR CARRIER SALES AND USE TAX

50-28          SECTION 8.01.  Subtitle E, Title 2, Tax Code, is amended by

50-29    adding Chapter 157 to read as follows:

50-30         CHAPTER 157.  INTERSTATE MOTOR CARRIER SALES AND USE TAX

50-31                     SUBCHAPTER A.  GENERAL PROVISIONS

50-32          Sec. 157.001.  DEFINITIONS.  In this chapter:

50-33                (1)  "Person" includes an individual, firm,

50-34    partnership, joint venture, corporation, association, organization,

50-35    or group or combination acting as a unit.

50-36                (2)  "Motor carrier" means:

50-37                      (A)  a person who transports persons or property

50-38    for hire or who holds himself out to the public as willing to

50-39    transport persons or property for hire by motor vehicle;

50-40                      (B)  a person who leases, rents, or otherwise

50-41    provides a motor vehicle for the use of others and who in

50-42    connection therewith in the regular course of business provides,

50-43    procures, or arranges for, directly, indirectly, or by course of

50-44    dealing, a driver or operator therefor;

50-45                      (C)  a person who operates a motor vehicle over

50-46    the public highways of this state for the purpose of transporting

50-47    persons or property when the transportation is incidental to a

50-48    primary business enterprise, other than transportation, in which

50-49    such person is engaged; or

50-50                      (D)  a person who engages in transportation by

50-51    motor vehicle of persons or property for compensation, other than

50-52    transportation referred to in Paragraph (A) of this subdivision,

50-53    under continuing contracts with one person or a limited number of

50-54    persons either:

50-55                            (i)  for the furnishing of transportation

50-56    services through the assignment of motor vehicles for a continuing

50-57    period of time to the exclusive use of each person served; or

50-58                            (ii)  for the furnishing of transportation

50-59    services designed to meet the distinct and peculiar needs of each

50-60    individual customer which are not normally provided by a common

50-61    carrier.

50-62                (3)  "Interstate motor vehicle" means a motor vehicle

50-63    whose registration fees could be apportioned if the motor vehicle

50-64    were registered in a state or province of a country which was a

50-65    member of the International Registration Plan.  For the purposes of

50-66    this chapter, a bus used in transportation of chartered parties

50-67    shall be considered an interstate motor vehicle if it meets all the

50-68    standards required of other motor vehicles for apportioned

50-69    registration fees.

 51-1                (4)  "Truck-tractor" means every motor vehicle designed

 51-2    or used primarily for drawing other vehicles, and not so

 51-3    constructed as to carry a load other than a part of the weight of

 51-4    the vehicle and load so drawn.

 51-5                (5)  "Commercial motor vehicle" means any motor vehicle

 51-6    (other than a motorcycle or passenger car) designed or used

 51-7    primarily for the transportation of property or persons.

 51-8                (6)  "Trailer" means every vehicle designed or used to

 51-9    carry its load wholly on its own structure and to be drawn by a

51-10    motor vehicle.

51-11                (7)  "Semitrailer" means a vehicle of the trailer type

51-12    so designed or used in conjunction with a motor vehicle that some

51-13    part of its own weight and that of its load rests upon or is

51-14    carried by another vehicle, including a van, flatbed, tank,

51-15    dumpster, dolly, jeep, stinger, auxiliary axle, or converter gear.

51-16                (8)  "Trip-lease equipment" means a motor vehicle

51-17    leased between any person and a motor carrier on a single trip

51-18    basis and driven by the lessor or an employee of the lessor.

51-19                (9)  "Purchase" means a lease of or a transfer of title

51-20    to a motor vehicle, trailer, or semitrailer for consideration.

51-21                (10)  "Preceding year" means the period of 12

51-22    consecutive calendar months immediately prior to January 1 or any

51-23    other day that the comptroller may designate.

51-24                (11)  "Lease" means an agreement by an owner of a motor

51-25    vehicle, trailer, or semitrailer to give to another for longer than

51-26    180 days under a single agreement exclusive use of the vehicle

51-27    without a driver for consideration.

51-28             (Sections 157.002-157.100 reserved for expansion

51-29                     SUBCHAPTER B.  IMPOSITION OF TAX

51-30          Sec. 157.101.  TAXES IMPOSED.  Sales and use taxes are

51-31    imposed on interstate motor vehicles, trailers, and semitrailers:

51-32                (1)  purchased in this state or purchased outside this

51-33    state and brought into this state by a motor carrier that is a

51-34    resident of this state or is domiciled or doing business in this

51-35    state;

51-36                (2)  hired with a driver by a motor carrier that is a

51-37    resident of this state or is domiciled or doing business in this

51-38    state to transport persons or property over the carrier's routes

51-39    and under the authority of the carrier's permits; or

51-40                (3)  contracted by a motor carrier that is a resident

51-41    of this state or is domiciled or doing business in this state for

51-42    use as trip-leased equipment.

51-43          Sec. 157.102.  TAX RATE.  (a)  Except as provided in

51-44    Subsections (c), (d), and (e) of this section, the payment of the

51-45    tax is the responsibility of the motor carrier operating the motor

51-46    vehicle and the tax rate on an interstate motor vehicle shall be

51-47    calculated as follows:

51-48                (1)  The carrier's total miles operated in Texas by

51-49    interstate truck-tractors and interstate commercial motor vehicles

51-50    during the preceding year is divided by the total miles operated by

51-51    the same interstate truck-tractors and interstate commercial motor

51-52    vehicles operated in Texas during the preceding year;

51-53                (2)  The percentage calculated in Subdivision (1) of

51-54    this subsection is multiplied by 6-1/4 percent of the purchase

51-55    price of each interstate motor vehicle purchased in Texas or first

51-56    brought into the State of Texas during the reporting period.  If a

51-57    lease price is used in this formula, charges for gasoline,

51-58    maintenance, insurance, and pass-through charges, such as federal

51-59    highway use tax and fees for licensing and registration, may be

51-60    excluded from the lease price;

51-61                (3)(A)  From the amount computed in Subdivision (2) of

51-62    this subsection may be deducted the amount of sales and use tax

51-63    paid on the interstate motor vehicle multiplied by the formula in

51-64    Subdivision (1) of this subsection;

51-65                      (B)  If an operator is paying sales or use tax on

51-66    lease payments, he may take the credit allowed by Paragraph (A) of

51-67    this subdivision on a quarterly basis.

51-68          (b)  If a motor carrier has not operated in Texas during the

51-69    preceding year, it shall estimate the miles it will drive during

 52-1    the year and use the estimate in the calculations set forth in

 52-2    Subsection (a) of this section.  The carrier shall adjust any

 52-3    overpayments or underpayments of tax based on actual mileage in the

 52-4    first reporting period after a year of operation.

 52-5          (c)(1)  The payment of the tax is the responsibility of the

 52-6    motor carriers operating the motor vehicle, and the tax rate on an

 52-7    interstate trailer or semitrailer being purchased or first brought

 52-8    into Texas during a reporting period shall be calculated as

 52-9    follows:

52-10                      (A)  The number of truck-tractors operated in

52-11    Texas by the motor carrier during the reporting period is divided

52-12    by the total number of truck-tractors operated by a motor carrier

52-13    in the reporting period;

52-14                      (B)  The percentage calculated in Paragraph (A)

52-15    of this subdivision is multiplied by 6-1/4 percent of the purchase

52-16    price of all trailers and semitrailers purchased during the

52-17    reporting period;

52-18                      (C)  The amount calculated in Paragraph (B) of

52-19    this subdivision is multiplied by the formula in Subsection (a)(1)

52-20    of this section;

52-21                      (D)  From the amount calculated in Paragraph (C)

52-22    of this subdivision shall be deducted the amount of sales and use

52-23    taxes paid on all trailers and semitrailers purchased in the

52-24    reporting period multiplied by the percentages calculated in

52-25    Paragraph (A) of this subdivision and in Subsection (a)(1) of this

52-26    section;

52-27                (2)  However, if the motor carrier can prove that the

52-28    actual number of trailers or semitrailers being purchased in Texas

52-29    or first brought into Texas during a reporting period is less than

52-30    the number under the formula in Subsection (c)(1) of this section,

52-31    the motor carrier may pay tax on the lesser number using the

52-32    formula in Subsection (a) of this section.  If a motor carrier

52-33    chooses to use the actual number of trailers or semitrailers

52-34    purchased in Texas or first brought into Texas during a reporting

52-35    period and then uses the formula for other reporting periods, the

52-36    motor carrier must remit tax on trailers and semitrailers purchased

52-37    during the period it used the actual count when the trailers or

52-38    semitrailers are first brought into the state.

52-39          (d)  If a motor carrier contracts to hire an interstate motor

52-40    vehicle with a driver to transport persons or property over the

52-41    carrier's routes and under the authority of the carrier's permits,

52-42    the tax rate is $25 per truck-tractor per contract and $25 per

52-43    trailer or semitrailer per contract and is the responsibility of

52-44    the motor carrier operating the motor vehicle.  However, if a sales

52-45    and use tax of at least 6-1/4 percent of the purchase price of the

52-46    motor vehicle has been paid or if tax under Subsection (a), (b), or

52-47    (c) of this section has been paid, no tax is due on the vehicle

52-48    under this subsection.  This subsection may not be utilized by a

52-49    motor carrier contracting with a person being controlled or having

52-50    controlling interest in the motor carrier.  Controlling interest is

52-51    defined as 50 percent of ownership.

52-52          (e)  If a motor carrier contracts to use trip-leased

52-53    equipment, the tax rate is $5 per motor vehicle per contract and is

52-54    the responsibility of the motor carrier operating the motor

52-55    vehicle.  However, if a sales and use tax of at least 6-1/4 percent

52-56    of the purchase price of the motor vehicle has been paid or if tax

52-57    under Subsection (a) of this section has been paid, no tax is due

52-58    on the vehicle under this subsection.  This subsection may not be

52-59    utilized by a motor carrier contracting with a person being

52-60    controlled or having controlling interest in the motor carrier.

52-61    Controlling interest is defined as 50 percent of ownership.

52-62             (Sections 157.103-157.200 reserved for expansion)

52-63                 SUBCHAPTER C.  ENFORCEMENT AND COLLECTION

52-64          Sec. 157.201.  PERMITS.  (a)  Motor carriers required to pay

52-65    tax under this chapter shall be permitted by the comptroller.

52-66          (b)  The permit may be used by the motor carrier to register

52-67    motor vehicles, trailers, and semitrailers with the county tax

52-68    assessor-collector without paying the motor vehicle sales and use

52-69    tax under Chapter 152 of this code if the motor vehicle is being

 53-1    registered as an apportioned motor vehicle or if the motor vehicle

 53-2    is a bus used in the interstate transportation of chartered

 53-3    parties.

 53-4          (c)  Lessors may title an interstate motor vehicle, trailer,

 53-5    and semitrailer leased for periods in excess of 180 days under the

 53-6    permit authority of the motor carrier operating the vehicle without

 53-7    payment of taxes imposed by Chapter 152 of this code, if the motor

 53-8    vehicle is being registered as an apportioned motor vehicle or if

 53-9    the motor vehicle is a bus used in the interstate transportation of

53-10    chartered parties.

53-11          Sec. 157.202.  REPORTS.  (a)  The motor carriers subject to

53-12    the provisions of this chapter shall report and pay the tax to the

53-13    comptroller quarterly  on or before the last day of the month

53-14    succeeding each calendar quarter.

53-15          (b)  Notwithstanding the provisions of Subsection (a) of this

53-16    section, the comptroller may prescribe the date and period for

53-17    filing reports and payments in order to facilitate the collection

53-18    of the tax including a longer reporting period for motor carriers

53-19    owing a minimal amount of tax.

53-20          Sec. 157.203.  RECORDS.  Motor carriers are required to keep

53-21    records and supporting documents including mileage records

53-22    regarding the payment of motor carrier sales and use tax in such

53-23    form as the comptroller may reasonably require.  The motor carriers

53-24    must keep the records for at least three years.

53-25          Sec. 157.204.  PENALTY AND INTEREST.  Any person who fails to

53-26    timely pay the tax required by this chapter forfeits five percent

53-27    of the amount due as a penalty, and after the first 30 days,

53-28    forfeits an additional five percent.  The penalty may never be less

53-29    than $1.  Delinquent taxes shall draw interest at the rate provided

53-30    by Section 111.060, beginning 60 days from the date due.

53-31          Sec. 157.205.  ENFORCEMENT BY COMPTROLLER; RULES AND

53-32    REGULATIONS.  (a)  The comptroller shall enforce the provisions of

53-33    this chapter and may prescribe, adopt, and enforce rules relating

53-34    to the administration and enforcement of this chapter.

53-35          (b)  The comptroller may promulgate such forms as are

53-36    necessary for the administration and enforcement of this chapter.

53-37          SECTION 8.02.  It is the intent of the legislature that

53-38    Chapter 157, Tax Code, be reenacted to continue that chapter in

53-39    effect without interruption as it exists on August 31, 1997,

53-40    notwithstanding the repeal of that chapter by Section 31(b),

53-41    Chapter 705, Acts of the 74th Legislature, Regular Session, 1995.

53-42          SECTION 8.03.  This article takes effect September 1, 1997.

53-43               ARTICLE 9.  INTERIOR DESIGN PROFESSIONAL FEE

53-44          SECTION 9.01.  Article 249e, Revised Statutes, is amended by

53-45    adding Section 6A to read as follows:

53-46          Sec. 6A.  INCREASE IN FEES.  (a)  Each of the following fees

53-47    imposed by Section 6 of this article is increased by $200:

53-48                (1)  registration application fee;

53-49                (2)  annual registration renewal fee; and

53-50                (3)  reciprocal registration fee.

53-51          (b)  Of the fee increase collected, $50 shall be deposited to

53-52    the credit of the foundation school fund and $150 shall be

53-53    deposited to the credit of the general revenue fund.  This

53-54    subsection applies to the disposition of each fee increase

53-55    regardless of any other provision of law providing for a different

53-56    disposition of funds.

53-57          SECTION 9.02.  This article takes effect September 1, 1997,

53-58    and applies to a fee imposed on or after that date.  A fee imposed

53-59    before the effective date of this article is governed by the law in

53-60    effect on that date, and that law is continued in effect for that

53-61    purpose.

53-62                    ARTICLE 10.  COIN-OPERATED MACHINES

53-63          SECTION 10.01.  Article 8801, Revised Statutes, is amended by

53-64    amending Subdivisions (3) and (6) and adding Subdivision (8) to

53-65    read as follows:

53-66                (3)  The term "coin-operated machine" means every

53-67    machine or device of any kind or character that [which] is operated

53-68    by or with coins, or metal slugs, tokens or checks, "music

53-69    coin-operated machines," "service coin-operated machines,"

 54-1    "cash-dispensing machines," and "skill or pleasure coin-operated

 54-2    machines" as those terms are hereinafter defined, shall be included

 54-3    in such terms.

 54-4                (6)  The term "service coin-operated machines" means

 54-5    [every pay toilet, pay telephone and all other] machines or devices

 54-6    which dispense service only and not merchandise, music, skill or

 54-7    pleasure and includes coin-operated lockers.

 54-8                (8)  The term "cash-dispensing machine" means an

 54-9    automated or electronic machine that, on insertion of a properly

54-10    coded card, the entry of data through a keyboard, or both,

54-11    dispenses currency or cash. The term does not include a machine

54-12    used in the retail purchase of tangible personal property without

54-13    regard to whether the purchase includes an amount, received in

54-14    cash, over and above the sales price of the items purchased.

54-15          SECTION 10.02.  Article 8802(1), Revised Statutes, is amended

54-16    to read as follows:

54-17                (1)  Every "owner", save an owner holding an import

54-18    license and holding coin-operated machines solely for re-sale, who

54-19    exhibits, displays, or who permits to be exhibited or displayed in

54-20    this State any "coin-operated machine" shall pay, and there is

54-21    hereby levied on each "coin-operated machine", as defined herein in

54-22    Article 8801, except as are exempt herein, an annual occupation tax

54-23    of $60.00.  In lieu of the $60.00 occupation tax, an annual

54-24    occupation tax of $30.00 is imposed on each coin-operated locker.

54-25    An annual occupation tax of $100 is imposed on "cash-dispensing

54-26    machines." The tax shall be paid to the comptroller by cashier's

54-27    check or money order.  The annual tax levied by this chapter may be

54-28    collected by the comptroller on a quarterly basis.  The comptroller

54-29    may establish procedures for quarterly collection and set due dates

54-30    for the tax payments.  The tax due from the owner of a

54-31    coin-operated machine first exhibited or displayed in this State

54-32    later than March 31 shall be prorated on a quarterly basis, with

54-33    one-fourth of the annual tax due for each quarter or portion of a

54-34    quarter remaining in the calendar year.  No refund or credit of the

54-35    annual tax levied by this chapter may be allowed to any owner who

54-36    ceases the exhibition or display of any coin-operated machine prior

54-37    to the end of any calendar year.  Subtitle B, Title 2, Tax Code,

54-38    applies to the administration, collection, and enforcement of the

54-39    taxes, penalties, and interest imposed by this chapter.

54-40          SECTION 10.03.  Article 8803, Revised Statutes, is amended to

54-41    read as follows:

54-42          Art. 8803.  EXEMPTIONS FROM TAX.  The following machines are

54-43    exempt from the tax under this chapter:

54-44                (1)  machines selling newspapers;

54-45                (2)  pay toilets;

54-46                (3)  a machine the sales of which are exempted by

54-47    Section 151.305, Tax Code;

54-48                (4)  machines that provide change only if no charge is

54-49    made for the service;

54-50                (5)  machines dispensing pressurized air;

54-51                (6)  coin-operated vacuum cleaners;

54-52                (7)  laundromat machines used to wash or dry clothes;

54-53    and

54-54                (8)  any machine dispensing an item or providing a

54-55    service that is subject to:

54-56                      (A)  the sales and use tax under Chapter 151, Tax

54-57    Code;

54-58                      (B)  the cigarette tax under Chapter 154, Tax

54-59    Code;

54-60                      (C)  the cigars and tobacco products tax under

54-61    Chapter 155, Tax Code; or

54-62                      (D)  any other state tax excluding ad valorem

54-63    taxes and franchise taxes [Gas meters, pay telephones, pay toilets,

54-64    food vending machines, confection vending machines, beverage

54-65    vending machines, merchandise vending machines, and cigarette

54-66    vending machines which are now subject to an occupation or gross

54-67    receipts tax, stamp vending machines, and "service coin-operated

54-68    machines," as that term is defined, are expressly exempt from the

54-69    tax levied herein, and the other provisions of this Chapter].

 55-1          SECTION 10.04.  This article takes effect October 1, 1997.

 55-2                    ARTICLE 11.  COST CONTROL COMMITTEE

 55-3          SECTION 11.01.  Subtitle B, Title 10, Government Code, is

 55-4    amended by adding Chapter 2059 to read as follows:

 55-5            CHAPTER 2059.  GOVERNOR'S COMMITTEE ON COST CONTROL

 55-6          Sec. 2059.001.  DEFINITION.  In this chapter, "state agency":

 55-7                (1)  means an office, department, commission, or other

 55-8    agency in the executive branch of state government that is created

 55-9    by the constitution or a state statute and that has statewide

55-10    jurisdiction; and

55-11                (2)  does not include the office of the lieutenant

55-12    governor.

55-13          Sec. 2059.002.  COMMITTEE COMPOSITION.  (a)  The Governor's

55-14    Private Sector Committee on Cost Control in State Government is

55-15    established under Section 31a, Article III, Texas Constitution.

55-16    The committee is composed of nine members appointed by the

55-17    governor.  A member of the committee must have the qualifications

55-18    determined by the governor to be of benefit to the committee in

55-19    administering its duties. As soon as possible after September 1,

55-20    1997, the governor shall appoint a number of members to the

55-21    committee that is sufficient to allow the committee to begin its

55-22    work.

55-23          (b)  A member of the committee serves at the will of the

55-24    governor.

55-25          (c)  A person may not serve as a member of the committee if

55-26    the person is required to register as a lobbyist under Chapter 305

55-27    because of the person's activities for compensation on behalf of a

55-28    profession related to the operation of the committee.

55-29          Sec. 2059.003.  OFFICERS; COMPENSATION; MEETINGS.  (a)  The

55-30    governor shall designate a presiding officer from among the members

55-31    of the committee.  The committee may elect other officers from its

55-32    members as the committee considers appropriate.

55-33          (b)  A member of the committee may not receive compensation

55-34    for service on the committee.

55-35          (c)  The committee shall meet at the call of the governor or

55-36    of the presiding officer or as provided by rule of the governor's

55-37    office.  The committee shall hold its first meeting not later than

55-38    October 1, 1997.

55-39          Sec. 2059.004.  DUTIES.  (a)  The committee shall study how

55-40    to control costs in state agencies and consider cost-control

55-41    methods used in the private sector. The committee shall then advise

55-42    the governor, the legislature, and the governing bodies of state

55-43    agencies about improving management and reducing costs.

55-44          (b)  The committee shall conduct in-depth reviews of the

55-45    operations of state agencies, and assess state agencies' functions

55-46    using activity-based costing, as a basis for evaluating potential

55-47    improvements in state agency operations.

55-48          (c)  In performing its duties, the committee shall consider

55-49    providing recommendations about:

55-50                (1)  opportunities for increased efficiency and reduced

55-51    costs in state agencies that can be accomplished through

55-52    legislation or through executive branch action;

55-53                (2)  situations in which managerial accountability can

55-54    be enhanced and administrative control can be improved;

55-55                (3)  opportunities for short-term and long-term

55-56    managerial improvements;

55-57                (4)  governmental expenditures, indebtedness, and

55-58    personnel management; and

55-59                (5)  specific situations in which further study would

55-60    be justified by the potential savings.

55-61          (d)  The committee shall hold at least five public meetings

55-62    in various locations around the state.

55-63          Sec. 2059.005.  AGENCY COOPERATION.  The administrative head

55-64    of a state agency shall provide to the committee information that

55-65    is not excepted from required public disclosure under Chapter 552

55-66    that the committee requests in performing its duties, including

55-67    information relating to the structure, organization, personnel, and

55-68    operations of the agency.

55-69          Sec. 2059.006.  GIFTS AND GRANTS; STAFF; RESOURCES.  (a) The

 56-1    governor's office may accept gifts and grants, including the

 56-2    donation of labor or in-kind resources, on behalf of the committee

 56-3    to accomplish the objectives of this chapter.

 56-4          (b)  The governor's office and, at the request of the

 56-5    governor, a state agency may provide staff support and other

 56-6    resources to support the work of the committee.

 56-7          Sec. 2059.007.  APPLICABILITY OF ADVISORY COMMITTEE LAW.

 56-8    Article 6252-33, Revised Statutes, does not apply to the committee

 56-9    except for the provisions of Section 4 of that law.

56-10          Sec. 2059.008.  FINAL REPORT; LEGISLATIVE ACTION.  (a)  Not

56-11    later than June 1, 1998, the committee shall submit its final

56-12    report to the governor and to the presiding officer of each house

56-13    of the legislature.  The report may include one or more specific

56-14    recommendations to be submitted to the legislature as provided by

56-15    Section 31a, Article III, Texas Constitution.

56-16          (b)  The speaker of the house of representatives and the

56-17    lieutenant governor shall have prepared and introduced into each

56-18    house of the legislature identical bills to enact the committee's

56-19    recommendations.  Each bill shall be submitted to the committee for

56-20    its revisions and approval before the bill is introduced.

56-21          (c)  An amendment to a bill introduced under this section is

56-22    not in order unless approved by the committee.

56-23          (d)  The legislature may but is not required to enact a bill

56-24    introduced under this section.

56-25          Sec. 2059.009.  ABOLITION OF COMMITTEE.  (a)  The committee

56-26    is abolished on the submission of its final report.

56-27          (b)  This chapter expires January 1, 2000.

56-28          SECTION 11.02.  This article takes effect September 1, 1997.

56-29          ARTICLE 12.  TAX INCIDENCE AND TAX EXPENDITURE REPORTS;

56-30                         SUNSET OF TAX EXEMPTIONS

56-31          SECTION 12.01.  TAX INCIDENCE REPORT.  Subchapter B, Chapter

56-32    403, Government Code, is amended by adding Section 403.0141 to read

56-33    as follows:

56-34          Sec. 403.0141.  REPORT ON INCIDENCE OF TAX.  (a)  Before each

56-35    regular session of the legislature, the comptroller shall report to

56-36    the legislature and the governor on the overall incidence of school

56-37    district property taxes and any state tax generating more than 2.5

56-38    percent of state tax revenue in the fiscal year preceding the

56-39    beginning of the regular session.  The report shall include

56-40    information on the distribution of the tax burden for the taxes

56-41    included in the report.

56-42          (b)  At the request of the chair of a committee of the senate

56-43    or house of representatives to which has been referred a bill or

56-44    resolution that would change the tax system and that would

56-45    increase, decrease, or redistribute tax by more than $20 million,

56-46    the Legislative Budget Board with the assistance, as requested, of

56-47    the comptroller shall prepare a tax incidence impact analysis of

56-48    the bill or resolution.  The analysis shall report on the incidence

56-49    effects that would result if the bill or resolution were enacted.

56-50          (c)  To the extent data is available, the incidence impact

56-51    analysis under Subsections (a) and (b):

56-52                (1)  must evaluate the tax burden:

56-53                      (A)  on the overall income distribution, using a

56-54    systemwide incidence measure or other appropriate measure of

56-55    equality and inequality; and

56-56                      (B)  on income classes, including, at a minimum,

56-57    quintiles of the income distribution, on renters and homeowners and

56-58    on industry or business classes, as appropriate, as well as on

56-59    various types of business organizations;

56-60                (2)  may evaluate the tax burden:

56-61                      (A)  by other appropriate taxpayer

56-62    characteristics, such as whether the taxpayer is a farmer, rancher,

56-63    retired elderly person, or resident or nonresident of the state;

56-64    and

56-65                      (B)  by distribution of impact on consumers,

56-66    labor, capital, and out-of-state persons and entities; and

56-67                (3)  must:

56-68                      (A)  use the broadest measure of economic income

56-69    for which reliable data is available; and

 57-1                      (B)  include a statement of the incidence

 57-2    assumptions that were used in making the analysis.

 57-3          SECTION 12.02.  TAX EXPENDITURE REPORT.  Section 403.014,

 57-4    Government Code, is amended to read as  follows:

 57-5          Sec. 403.014.  REPORT ON EFFECT OF CERTAIN TAX PROVISIONS.

 57-6    (a)  Before each regular session of the legislature, the

 57-7    comptroller shall report to the legislature and the governor on the

 57-8    effect, if it is possible to assess, of exemptions, discounts,

 57-9    exclusions, special valuations, special accounting treatments,

57-10    special rates, and special methods of reporting relating to:

57-11                (1)  the sales, excise, and use tax under Chapter 151,

57-12    Tax Code;

57-13                (2)  the[, and exemptions from and special rates

57-14    relating to] franchise tax under Chapter 171, Tax Code;

57-15                (3)  school district property taxes under Title 1, Tax

57-16    Code; and

57-17                (4)  any other tax generating more than five percent of

57-18    state tax revenue in the fiscal year preceding the beginning of the

57-19    regular session.

57-20          (b)  The report must include:

57-21                (1)  an analysis of each special provision that reduces

57-22    the amount of tax payable to include [and] an estimate of the loss

57-23    of revenue for a six-year period including the current fiscal

57-24    biennium and a citation of the statutory or legal authority for the

57-25    provision; and

57-26                (2)  for provisions reducing revenue by more than one

57-27    percent of total revenue for a tax covered by this section, the

57-28    effect of each provision on the distribution of the tax burden by

57-29    income class and industry or business class, as appropriate.

57-30          (c)  The report may include:

57-31                (1)  an assessment of the intended purpose of the

57-32    provision and whether the provision is achieving that objective;

57-33    and

57-34                (2)  a recommendation for retaining, eliminating, or

57-35    amending the provision.

57-36          (d)  The report may be included in any other report made by

57-37    the comptroller.

57-38          (e)  At the request of the chair of a committee of the senate

57-39    or house of representatives to which has been referred a bill or

57-40    resolution  establishing, extending, or restricting an exemption,

57-41    discount, exclusion, special valuation, special accounting

57-42    treatment, special rate, or special method of reporting relating to

57-43    any state tax, the Legislative Budget Board with the assistance, as

57-44    requested, of the comptroller shall prepare a letter analysis of

57-45    the effect on the state's tax revenues that would result from the

57-46    passage of the bill or resolution.  The letter analysis shall

57-47    contain the same information as provided in Subsection (b), as

57-48    appropriate.

57-49          (f) [(c)]  The comptroller and Legislative Budget Board may

57-50    request from any state officer or agency information necessary to

57-51    complete the report.  Each state officer or agency shall cooperate

57-52    with the comptroller and Legislative Budget Board in providing

57-53    information or analysis for the report or letter analysis.

57-54          SECTION 12.03.  EFFECTIVE DATE.  This article takes effect

57-55    September 1, 1997.

57-56                    ARTICLE 13.  CEMENT PRODUCTION TAX

57-57          SECTION 13.01.   Section 181.002, Tax Code, is amended to

57-58    read as follows:

57-59          Sec. 181.002.  RATE OF TAX.  The rate of the tax imposed by

57-60    this chapter is $0.05 [$0.0275] for each 100 pounds or fraction of

57-61    100 pounds of taxable cement.

57-62          SECTION 13.02.  This article takes effect September 1, 1997,

57-63    and applies to cement distributed, sold, or used on or after that

57-64    date.  Cement distributed, sold, or used before that date is

57-65    governed by the law in effect when the distribution, sale, or use

57-66    was made, and that law is continued in effect for that purpose.

57-67             ARTICLE 14.  LANDSCAPE ARCHITECT PROFESSIONAL FEE

57-68          SECTION 14.01.   Chapter 457, Acts of the 61st Legislature,

57-69    Regular Session, 1969 (Article 249c, Vernon's Texas Civil

 58-1    Statutes), is amended by adding Section 4A to read as follows:

 58-2          Sec. 4A.  INCREASE IN FEES.  (a)  Each of the following fees

 58-3    imposed by Section 4 of this Act is increased by $200:

 58-4                (1)  registration application fee;

 58-5                (2)  annual registration renewal fee; and

 58-6                (3)  reciprocal registration fee.

 58-7          (b)  Of each fee increase collected, $50 shall be deposited

 58-8    to the credit of the foundation school fund and $150 shall be

 58-9    deposited to the credit of the general revenue fund.  This

58-10    subsection applies to the disposition of each fee increase

58-11    regardless of any other provision of law providing for a different

58-12    disposition of funds.

58-13          SECTION 14.02.   This article takes effect September 1, 1997,

58-14    and applies to a fee imposed on or after that date.  A fee imposed

58-15    before the effective date of this article is governed by the law in

58-16    effect on that date, and that law is continued in effect for that

58-17    purpose.

58-18            ARTICLE 15.  EFFECTIVE DATE; CONTINGENCY; EMERGENCY

58-19          SECTION 15.01.  (a)  Except as otherwise provided by this

58-20    Act, this Act takes effect September 1, 1997, but only if the

58-21    constitutional amendment proposed by H.J.R. No. 4, 75th

58-22    Legislature, Regular Session, 1997, is approved by the voters.  If

58-23    that amendment is not approved by the voters, this Act has no

58-24    effect.

58-25          (b)  The change in law made by this Act to a tax or fee does

58-26    not affect the liability for a tax or fee.  The liability for a tax

58-27    or fee is governed by the law in effect when the tax or fee became

58-28    due, and that law is continued in effect for the collection of the

58-29    tax or fee and for civil and criminal enforcement of the liability

58-30    for that tax or fee.

58-31          (c)  Notwithstanding Subsection (a) of this section, Sections

58-32    2.03-2.11 of this Act take effect September 1, 1997, and are not

58-33    contingent upon the approval by the voters of the constitutional

58-34    amendment proposed by H.J.R. No.  4, 75th Legislature, Regular

58-35    Session, 1997.

58-36          (d)  The changes in law made by Sections 2.03-2.11 of this

58-37    Act apply to a reinvestment zone created, enlarged, or modified

58-38    under Chapter 311 or 312, Tax Code, as amended by this Act, on or

58-39    after September 1, 1997.  The creation of a reinvestment zone

58-40    before September 1, 1997, and the administration of a reinvestment

58-41    zone that was created, enlarged, or modified before September 1,

58-42    1997, are covered by the law in effect immediately before September

58-43    1, 1997, and the former law is continued in effect for that

58-44    purpose.

58-45          (e)  The changes in law made by Sections 2.03-2.11 of this

58-46    Act apply to a project plan or reinvestment zone financing plan

58-47    approved or amended under Chapter 311, Tax Code, as amended by this

58-48    Act, on or after September 1, 1997.  The approval or amendment of a

58-49    project plan or reinvestment zone financing plan before September

58-50    1, 1997, is covered by the law in effect immediately before

58-51    September 1, 1997, and the former law is continued in effect for

58-52    that purpose.

58-53          (f)  The changes in law made by Sections 2.03-2.11 of this

58-54    Act apply to an agreement entered into under Section 311.013(g),

58-55    Tax Code, as amended by this Act, or a tax abatement agreement

58-56    executed or modified under Chapter 312, Tax Code, as amended by

58-57    this Act, on or after September 1, 1997.  The execution or

58-58    modification of an agreement under Section 311.013(g), Tax Code, as

58-59    amended by this Act, or a tax abatement agreement under Chapter

58-60    312, Tax Code, as amended by this Act, before September 1, 1997, is

58-61    covered by the law in effect immediately before September 1, 1997,

58-62    and the former law is continued in effect for that purpose.

58-63          (g)  Notwithstanding Subsection (a) of this section, Sections

58-64    1.11 and 1.12 of this Act, and Sections 2.12, 2.13, and 2.14 of

58-65    this Act, take effect September 1, 1997, and are not contingent

58-66    upon the approval by the voters of the constitutional amendment

58-67    proposed by H.J.R. No. 4, 75th Legislature, Regular Session, 1997.

58-68          SECTION 15.02.  The importance of this legislation and the

58-69    crowded condition of the calendars in both houses create an

 59-1    emergency and an imperative public necessity that the

 59-2    constitutional rule requiring bills to be read on three several

 59-3    days in each house be suspended, and this rule is hereby suspended.

 59-4                                 * * * * *