By Haywood S.B. No. 533 75R5311 CBH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a franchise tax credit for a corporation that 1-3 establishes a day-care center for children of employees or 1-4 purchases child-care services for employees. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 171, Tax Code, is amended by adding 1-7 Subchapter N to read as follows: 1-8 SUBCHAPTER N. TAX CREDIT FOR ESTABLISHING DAY-CARE CENTER OR 1-9 PURCHASING CHILD-CARE SERVICES 1-10 Sec. 171.701. DEFINITION. In this subchapter, "day-care 1-11 center" has the meaning assigned by Section 42.002, Human Resources 1-12 Code. 1-13 Sec. 171.702. CREDIT. A corporation that meets the 1-14 eligibility requirements under this subchapter is entitled to a 1-15 credit in the amount allowed by this subchapter against the tax 1-16 imposed under this chapter. 1-17 Sec. 171.703. CREDIT FOR ESTABLISHING DAY-CARE CENTER. 1-18 (a) A corporation may claim a credit under this subchapter only 1-19 for a qualifying expenditure relating to: 1-20 (1) the establishment of a day-care center primarily 1-21 to provide care for the children of employees of the corporation or 1-22 of the corporation and one or more other entities sharing the costs 1-23 of establishing the center; or 1-24 (2) the purchase of child-care services that are 2-1 actually provided to children of employees of the corporation. 2-2 (b) A qualifying expenditure includes an expenditure for: 2-3 (1) planning the day-care center; 2-4 (2) preparing a site to be used for the day-care 2-5 center; 2-6 (3) constructing the day-care center; 2-7 (4) renovating or remodeling a structure to be used 2-8 for the day-care center; 2-9 (5) purchasing equipment necessary in the use of the 2-10 day-care center and installed for permanent use in or immediately 2-11 adjacent to the day-care center, including kitchen appliances; or 2-12 (6) purchasing child-care services that are actually 2-13 provided to children of employees of the corporation. 2-14 (c) The amount of the credit is equal to the lesser of: 2-15 (1) $25,000; or 2-16 (2) 25 percent of the corporation's qualifying 2-17 expenditures. 2-18 (d) If a corporation shares in the cost of establishing a 2-19 day-care center, the corporation is entitled to a credit for the 2-20 qualifying expenditures made by that corporation, subject to the 2-21 limitation prescribed by Subsection (c). 2-22 Sec. 171.704. APPLICATION FOR CREDIT. (a) A corporation 2-23 must apply for a credit under this subchapter on or with the tax 2-24 report for the period for which the credit is claimed. 2-25 (b) If the corporation is claiming a credit for a qualifying 2-26 expenditure for purchasing child-care services, the corporation 2-27 must include proof that the services were actually provided to 3-1 children of employees of the corporation. 3-2 (c) The comptroller shall adopt a form for the application 3-3 for the credit. A corporation must use this form in applying for 3-4 the credit. 3-5 Sec. 171.705. PERIOD FOR WHICH CREDIT MAY BE CLAIMED. 3-6 (a) A corporation may claim a credit under this subchapter for 3-7 qualifying expenditures made during an accounting period only 3-8 against the tax owed for the corresponding reporting period. 3-9 (b) A corporation may not claim a credit in an amount that 3-10 exceeds the amount of tax due for the report. 3-11 Sec. 171.706. ASSIGNMENT PROHIBITED. A corporation may not 3-12 convey, assign, or transfer the credit allowed under this 3-13 subchapter to another entity unless all of the assets of the 3-14 corporation are conveyed, assigned, or transferred in the same 3-15 transaction. 3-16 SECTION 2. A corporation may claim the credit under 3-17 Subchapter N, Chapter 171, Tax Code, as added by this Act, only for 3-18 a qualifying expenditure made on or after the effective date of 3-19 this Act and only on a franchise tax report due under Chapter 171, 3-20 Tax Code, on or after January 1, 1998. 3-21 SECTION 3. The importance of this legislation and the 3-22 crowded condition of the calendars in both houses create an 3-23 emergency and an imperative public necessity that the 3-24 constitutional rule requiring bills to be read on three several 3-25 days in each house be suspended, and this rule is hereby suspended, 3-26 and that this Act take effect and be in force from and after its 3-27 passage, and it is so enacted.