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.