HBA-MPM H.B. 2976 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2976
By: Hamric
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2976 authorizes the board of trustees of an independent school
district to contract with a public or private entity for that entity to
provide a facility in which the district operates a school.  This bill
provides that a charter for an open-enrollment charter school program
serving only or primarily the children of employees of one or more public
or private entities is not required to describe the area the program
serves.  This bill provides a tax credit for a corporation which sponsors
or operates early childhood or kindergarten through grade 12 programs for
the children of its employees. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Education Agency and the
comptroller of public accounts in SECTION 4 (Section 171.730, Tax Code) of
this bill. 


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.157, Education Code, as follows:

Sec. 11.157.  New title:  CONTRACTS FOR EDUCATIONAL SERVICES AND
FACILITIES. (a)  Authorizes the board of trustees (board) of an independent
school district (district) to contract with a public or private entity for
that entity to provide a facility in which the district operates a school,
in addition to providing educational services for the district. 

(b)  Authorizes a district to lease a facility under Subsection (a)(2) or
to accept use of the facility as a donation. 

(c)  Authorizes the district to establish geographic attendance boundaries
for a school operated in a facility under Subsection (a), or to permit the
school to serve only or primarily the children of employees of the entity
providing the facility.  Authorizes the State Board of Education, by rule,
to adopt guidelines for a contract under Subsection (a) which must address
the responsibilities of the entity concerning maintenance issues and the
responsibilities of the district to provide an educational program,
personnel, and textbooks in accordance with Title 1 and this title.
Requires the guidelines to also address the use and distribution of state
funds in accordance with this title and admissions policies. 

SECTION 2.  Amends Section 12.111, Education Code, as follows:

Sec. 12.111.  CONTENT.  (a)  Provides that each charter granted under this
subchapter must describe the geographical area served by the program,
except as proposed Subsection (b), in addition to addressing other issues. 

(b)  Provides that a charter for an open-enrollment charter school (charter
school) program serving only or primarily the children of employees of one
or more public or private entities is not required to describe the area the
program serves under Subsection (a).  Provides that the charter is required
to specify the type of enrollment criteria to be used in accordance with
Subsection (a), including the name of the public or private entity whose
employees' children are served by the program. 

SECTION 3.  Amends Subchapter F, Chapter 39, Education Code, by adding
Section 39.113, as follows: 

Sec. 39.113.  AWARD FOR EMPLOYERS.  (a)  Requires the governor to present
the Governor's Award of Excellence for Employer Incentives (award) annually
to the public or private employer that makes the most significant
contribution to early childhood or public primary or secondary education. 

(b)  Requires the governor to appoint five persons to serve as members of
the award committee.  Requires the committee to evaluate the contribution
of employers in supporting or providing certain educational programs and
facilities. 

(c)  Requires the committee to recommend to the governor one or more
employers to receive the award. 

(d)  Provides that an employer must apply to the committee on a form within
the period prescribed by the committee in order to be considered for an
award. 

SECTION 4.  Amends Chapter 171, Tax Code, by adding Subchapter O, as
follows: 

SUBCHAPTER O.  TAX REFUND FOR 
ASSISTANCE IN EDUCATION

Sec. 171.721.  ENTITLEMENT.  Entitles a corporation to a refund in the
amount and under the conditions and limitations provided by this subchapter
against the tax imposed under this chapter. 

Sec. 171.722.  SPONSORING OR OPERATING EMPLOYEE EARLY CHILDHOOD OR
KINDERGARTEN-GRADE 12 PROGRAMS.  Entitles a corporation, subject to
readjustment under Section 171.728, Tax Code, to a 50 percent refund of the
amount spent for a privilege period in sponsoring or operating early
childhood or kindergarten through grade 12 programs for the children of its
employees. 

Sec. 171.723.  PROVISION OF FACILITIES FOR SCHOOLS.  Entitles a
corporation, subject to readjustment under Section 171.728, Tax Code, that
provides a privilege period or free or low-cost facility for the benefit of
a nonprofit or public school, including an openenrollment charter school,
in this state to a refund for that privilege period of a portion of the
value of providing the facility.  Provides that this refund is the lesser
of 30 percent of the value of providing the facility or an amount described
by guidelines established by the Texas Education Agency (agency) and rules
adopted by the comptroller. 

Sec. 171.724.  ADULT EDUCATION.  Provides that a corporation qualifies for
a refund for a privilege period if it provides during that period
educational training for an employee in certain programs.  Provides that
these programs must be approved by the agency.  Provides that the refund
amount is the lesser of 25 percent of the actual cost of the training per
fulltime equivalent student or $85 for each employee who successfully
completes such a program. 

Sec. 171.725.  ACCOUNTING YEAR.  Requires the base amount and any other
amount used to calculate a refund to be multiplied by a ratio the numerator
of which is the number of days in the corporation's accounting year that
are also in the privilege period and the denominator of which is the number
of days in that period, if the corporation's accounting year does not
correspond to the period. 

Sec. 171.726. APPLICATION.  Provides that a corporation must apply for a
refund under  this subchapter on or with the tax report for the period or
which the refund is claimed. Requires the comptroller to promulgate a form
for the application of the refund on which a corporation must use in
applying for a refund. 

Sec. 171.727.  DETERMINATION OF TOTAL AMOUNT OF REFUNDS.  Requires the
comptroller to determine the total amount of refunds claimed under Sections
171.722 and 177.723, Tax Code, for a tax year on all reports filed on or
before November 15. 

Sec. 171.728.  ADJUSTMENT AND PAYMENT OF REFUND.  (a)  Requires the
comptroller to send to a corporation entitled to a refund under this
subchapter, on or before December 31 of the tax year: 

_the full refund amount determined under Section 171.722 if the amount
under Section 171.727 for Section 171.722 is less than or equal to $2
million; or 
_a portion of the refund determined under Section 171.722 in accordance
with Subsection (b) if the amount under Section 171.727 is greater than $2
million. 

(b)  Requires the comptroller, if the amount under Section 171.727 for
Section 171.722 is more than $2 million, to determine the amount of a
corporation's refund by multiplying the amount of the refund determined
under Section 171.722 by a fraction, the numerator of which is $2 million
and the denominator of which is the amount under Section 171.727 for
Section 171.722. 

(c)  Requires the comptroller to send a corporation entitled to a refund
under this chapter the appropriate refund on or before December 31 of a tax
year.  

(d)  Requires the comptroller, if the amount under Section 171.727 for
Section 171.723 is more than $4 million, to determine the amount of the
corporations' refund by multiplying the amount of the refund determined
under Section 171.723 by a fraction, the numerator of which is $4 million
and the denominator of which is the amount under Section 171.727 for
Section 171.723. 

Sec. 171.729.  NO CARRYOVER.  Prohibits a refund claim from being carried
forward to a subsequent reporting period. 

Sec. 171.730.  RULES.  (a)  Requires the agency to adopt rules relating to
eligibility for refunds under this subchapter.  Requires the comptroller to
adopt rules relating to the submission of refund claims and payment of the
claims under this subchapter. 

SECTION 5.  Requires the committee to adopt an application form for
purposes of Section 39.113, Education Code, as added by this Act, no later
than August 30, 2000.   

SECTION 6.  Effective date:  upon passage, except that SECTION 3 takes
effect January 1, 2001 and is applicable only to a report originally due on
or after January 1, 2001 and an expense or payment made on or after that
date. 

SECTION 7.Emergency clause.
  Effective date: upon passage.