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.