Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Grusendorf                                   H.B. No. 2100

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a franchise tax and property tax credit for certain

 1-3     corporations.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 171, Tax Code, is amended

 1-6     by adding Section 171.0025 to read as follows:

 1-7           Sec. 171.0025.  TAX CREDIT FOR SCHOLARSHIPS.  (a)  A

 1-8     corporation is entitled to receive a franchise tax credit if the

 1-9     corporation pays money that is used to fund a scholarship payable

1-10     toward the private school tuition of an educationally disadvantaged

1-11     child who:

1-12                 (1)  is eligible to attend the public free schools; and

1-13                 (2)  did not attend an accredited or unaccredited

1-14     private school during the 1996-1997 school year.

1-15           (b)  A school district shall issue a tax credit to an

1-16     eligible corporation if the corporation submits to the district:

1-17                 (1)  a sworn application using a form prescribed by the

1-18     comptroller; and

1-19                 (2)  proof in the form and manner prescribed by the

1-20     comptroller that the educationally disadvantaged child actually

1-21     enrolled in an accredited private school and is using the

1-22     scholarship to attend that school.

1-23           (c)  The corporation must submit to the district the

1-24     application and proof required by Subsection (b) not later than the

 2-1     30th day after the date the district's school year begins.  Not

 2-2     later than the 60th day after the district's school year begins,

 2-3     the district shall provide to the comptroller:

 2-4                 (1)  the total dollar amount of tax credits the

 2-5     district has or will issue under this section for that school year;

 2-6     and

 2-7                 (2)  any other information the comptroller requires.

 2-8           (d)  A corporation may fund more than one scholarship.  For

 2-9     each qualifying scholarship, the corporation receives a tax refund

2-10     equal to the amount actually paid to an accredited private school

2-11     to fund a scholarship or to a nonprofit foundation that provides

2-12     scholarships for students who attend accredited private schools,

2-13     but not more than 50 percent of the total state funding the

2-14     district receives per student in statewide average daily attendance

2-15     under the Foundation School Program.

2-16           (e)  The corporation must claim the credit on the report for

2-17     which net taxable earned surplus or net taxable capital is based on

2-18     the same period during which the corporation provided the funding.

2-19           (f)  A corporation may not claim a credit in an amount that

2-20     exceeds the amount of the tax due for that report.  A credit

2-21     allowed under this section may not be carried forward or backward

2-22     or used to create a business loss carryover.

2-23           (g)  A corporation may not convey, assign, or transfer the

2-24     credit allowed under this section to another entity unless all the

2-25     assets of the corporation are conveyed, assigned, or transferred in

2-26     the same transaction.

2-27           (h)  The corporation, the school district, the private

2-28     school, and the nonprofit foundation, as appropriate, must provide

2-29     to the comptroller any information the comptroller requires to

2-30     determine the validity of the credit claim.

 3-1           (i)  In this section:

 3-2                 (1)  "Accredited private school" means a nonpublic

 3-3     school accredited by an accrediting association recognized by the

 3-4     commissioner of education.

 3-5                 (2)  "Educationally disadvantaged child" means a

 3-6     student enrolled or eligible for enrollment in the national school

 3-7     lunch program for free or reduced-price lunch.

 3-8           SECTION 2.  Chapter 31, Tax Code, is amended by adding

 3-9     Section 31.051 to read as follows:

3-10           Sec. 31.051.  TAX CREDIT FOR SCHOLARSHIPS.  (a)  The

3-11     governing body of a school district by resolution may authorize a

3-12     corporation to fund a private school scholarship in lieu of paying

3-13     part of the maintenance taxes imposed by the district on property

3-14     owned by the corporation.

3-15           (b)  The governing body shall provide that a corporation is

3-16     not eligible to receive a credit under this section unless the

3-17     corporation:

3-18                 (1)  pays money that is used to fund a scholarship of

3-19     an educationally disadvantaged child who:

3-20                       (A)  is eligible to attend public free school in

3-21     the school district granting the credit; and

3-22                       (B)  did not attend an accredited or unaccredited

3-23     private school during the 1996-1997 school year; and

3-24                 (2)  submits to the district proof that the

3-25     educationally disadvantaged child actually enrolled in an

3-26     accredited private school and is using the scholarship to attend

3-27     that school.

3-28           (c)  The corporation must submit to the district the proof

3-29     required by Subsection (b)(2) not later than the 30th day after the

3-30     date the district's school year begins, the district shall provide

 4-1     to the comptroller:

 4-2                 (1)  the number of scholarships for which the district

 4-3     will authorize a credit under this section; and

 4-4                 (2)  any other information the comptroller requires.

 4-5           (d)  A corporation may fund more than one scholarship.  For

 4-6     each qualifying scholarship funded, the corporation receives a

 4-7     credit against the taxes owed in an amount equal to the amount

 4-8     actually paid to an accredited private school to fund a scholarship

 4-9     or to a nonprofit foundation that provides scholarships for

4-10     students who attend accredited private schools, but not more than

4-11     50 percent of the school district's tier one local share per

4-12     student in average daily attendance under the Foundation School

4-13     Program.

4-14           (e)  In this section:

4-15                 (1)  "Accredited private school" means a nonpublic

4-16     school accredited by an accrediting association recognized by the

4-17     commissioner of education.

4-18                 (2)  "Educationally disadvantaged child" means a

4-19     student enrolled or eligible for enrollment in the national school

4-20     lunch program for free or reduced price lunch.

4-21           SECTION 3.  Section 42.005, Education Code, is amended by

4-22     adding Subsection (e) to read as follows:

4-23           (e)  For each student who attends a private school under a

4-24     scholarship for which a corporation receives a franchise tax credit

4-25     under Section 171.0025, Tax Code, the commissioner shall reduce

4-26     state funding to that student's district by a pro rata amount.

4-27           SECTION 4.  Section 171.0025, Tax Code, as added by this Act,

4-28     applies to reports originally due on or after January 1, 1998.

4-29           SECTION 5.  The importance of this legislation and the

4-30     crowded condition of the calendars in both houses create an

 5-1     emergency and an imperative public necessity that the

 5-2     constitutional rule requiring bills to be read on three several

 5-3     days in each house be suspended, and this rule is hereby suspended,

 5-4     and that this Act take effect and be in force from and after its

 5-5     passage, and it is so enacted.