AN ACT

 1-1     relating to a state tax refund and federal income tax credit

 1-2     available to certain employers of AFDC recipients.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter D, Chapter 301, Labor Code, is amended

 1-5     by adding Section 301.067 to read as follows:

 1-6           Sec. 301.067.  FEDERAL WORK OPPORTUNITY TAX CREDIT AND STATE

 1-7     TAX REFUND FOR CERTAIN EMPLOYERS.  (a)  The commission is the lead

 1-8     agency in promoting awareness of the federal work opportunity tax

 1-9     credit program and the state tax refund for employers under

1-10     Subchapter H.

1-11           (b)  The commission, in coordination with the comptroller's

1-12     office and the Texas Department of Human Services, shall develop

1-13     and distribute educational materials designed to increase awareness

1-14     of the tax credit and tax refund described by Subsection (a) to

1-15     encourage employers to hire recipients of the financial assistance

1-16     program for persons with dependent children under Chapter 31, Human

1-17     Resources Code.

1-18           SECTION 2.  Subchapter D, Chapter 31, Human Resources Code,

1-19     is transferred to Chapter 301, Labor Code, redesignated as

1-20     Subchapter H, and amended to read as follows:

1-21                SUBCHAPTER H [D].  TAX REFUND FOR WAGES PAID

1-22                 TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE

1-23           Sec. 301.101 [31.071].  DEFINITION.  In this subchapter,

 2-1     "wages" has the meaning assigned by Sections 51(c)(1), (2), and

 2-2     (3), Internal Revenue Code of 1986 (26 U.S.C. Section 51).

 2-3           Sec. 301.102 [31.072].  TAX REFUND VOUCHER.  (a)  The

 2-4     commission [department] shall issue a tax refund voucher in the

 2-5     amount allowed by this subchapter and subject to the restrictions

 2-6     imposed by this subchapter to a person that meets the eligibility

 2-7     requirements under this subchapter.

 2-8           (b)  A person issued a tax refund voucher may, subject to the

 2-9     provisions of this subchapter, apply for the amount of the refund

2-10     of a tax that is paid by the person to this state if the tax is

2-11     administered by the comptroller and deposited to the credit of the

2-12     general revenue fund without dedication.

2-13           Sec. 301.103 [31.073].  AMOUNT OF REFUND; LIMITATION.

2-14     (a)  The amount of the refund allowed under this subchapter is

2-15     equal to 20 percent of the total wages, up to a maximum of $10,000

2-16     in wages for each employee, paid or incurred by a person for

2-17     services rendered by an employee of the person during the period

2-18     beginning with the date the employee begins work for the person and

2-19     ending on the first anniversary of that date.

2-20           (b)  The refund claimed for a calendar year may not exceed

2-21     the amount of net tax paid by the person to this state, after any

2-22     other applicable tax credits, in that calendar year.

2-23           Sec. 301.104 [31.074].  ELIGIBILITY.  A person is eligible

2-24     for the refund for wages paid or incurred by the person, during

2-25     each calendar year for which the refund is claimed, only if:

 3-1                 (1)  the wages paid or incurred by the person are for

 3-2     services of an employee who is:

 3-3                       (A)  a resident of this state; and

 3-4                       (B)  a recipient of financial assistance and

 3-5     services in accordance with Chapter 31, Human Resources Code [this

 3-6     chapter];

 3-7                 (2)  the person satisfies the certification

 3-8     requirements under Section 301.105 [31.075]; and

 3-9                 (3)  the person provides and pays for the benefit of

3-10     the employee a part of the cost of coverage under:

3-11                       (A)  a health plan provided by a health

3-12     maintenance organization established under the Texas Health

3-13     Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance

3-14     Code);

3-15                       (B)  a health benefit plan approved by the

3-16     commissioner of insurance; or

3-17                       (C)  a self-funded or self-insured employee

3-18     welfare benefit plan that provides health benefits and is

3-19     established in accordance with the Employee Retirement Income

3-20     Security Act of 1974 (29 U.S.C. 1001 et seq.)  [at least 80 percent

3-21     of the cost of major medical health insurance coverage that

3-22     provides for:]

3-23                       [(A)  a maximum $300 deductible to the employee;

3-24     and]

3-25                       [(B)  payment by the insurance provider of at

 4-1     least 70 percent of insurance claims during the claim year in

 4-2     excess of the deductible].

 4-3           Sec. 301.105 [31.075].  CERTIFICATION.  A person is not

 4-4     eligible for the refund for wages paid or incurred by the person

 4-5     unless the person has received a written certification from the

 4-6     commission [appropriate state agency responsible for certification]

 4-7     that the employee is a recipient of financial assistance and

 4-8     services on or before the day the employee begins employment with

 4-9     the person.

4-10           Sec. 301.106 [31.076].  APPLICATION FOR REFUND; ISSUANCE.

4-11     (a)  A person may apply for a tax refund voucher for wages paid an

4-12     employee in a calendar year only on or after January 1 and before

4-13     April 1 of the following calendar year.

4-14           (b)  The commission [department] shall promulgate a form for

4-15     the application for the tax refund voucher.  A person must use this

4-16     form in applying for the refund.

4-17           (c)  On issuance of the tax refund voucher to the person by

4-18     the commission [department], the person may apply the voucher

4-19     against a tax paid by the person to this state only for the

4-20     calendar year for which the voucher is issued.

4-21           Sec. 301.107.  RULES.  (a)  The commission shall adopt rules

4-22     as necessary to carry out its powers and duties under this

4-23     subchapter.

4-24           (b)  The Texas Department of Human Services shall provide to

4-25     the commission information as necessary to enable the commission to

 5-1     determine whether a person is eligible for the tax refund

 5-2     authorized by this subchapter.

 5-3           SECTION 3.  Section 111.109, Tax Code, is amended to read as

 5-4     follows:

 5-5           Sec. 111.109.  TAX REFUND FOR WAGES PAID TO EMPLOYEE

 5-6     RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN.  The comptroller

 5-7     shall issue a refund for a tax paid by a person to this state in

 5-8     the amount of a tax refund voucher issued by the Texas Workforce

 5-9     Commission [Department of Human Services] under Subchapter H [D],

5-10     Chapter 301 [31], Labor [Human Resources] Code, subject to the

5-11     provisions of that subchapter.

5-12           SECTION 4.  (a)  Except as provided by Subsection (b) of this

5-13     section, this Act takes effect September 1, 1997.

5-14           (b)  The changes in law made by this Act to Section 301.104,

5-15     Labor Code, as added by this Act, take effect January  1, 1998.  A

5-16     person may claim the refund under Section 301.104, Labor Code, as

5-17     added by this Act, only for wages paid or incurred on or after the

5-18     effective date of this Act and only on a tax report due on or after

5-19     that date.

5-20           (c)  As soon as possible after the effective date of this

5-21     Act, the Texas Department of Human Services shall transfer to the

5-22     Texas Workforce Commission any forms in the custody of the

5-23     department that were prescribed by the department to issue a tax

5-24     refund voucher to eligible employers.

5-25           (d)  Rules of the Texas Department of Human Services under

 6-1     Subchapter D, Chapter 31, Human Resources Code, are continued in

 6-2     effect as rules of the Texas Workforce Commission under Subchapter

 6-3     H, Chapter 301, Labor Code, until superseded by a rule of the Texas

 6-4     Workforce Commission.

 6-5           SECTION 5.  The importance of this legislation and the

 6-6     crowded condition of the calendars in both houses create an

 6-7     emergency and an imperative public necessity that the

 6-8     constitutional rule requiring bills to be read on three several

 6-9     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1113 passed the Senate on

         April 3, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1113 passed the House on

         May 7, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor