By Greenberg H.B. No. 65
76R392 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a franchise tax credit for an employer that purchases
1-3 or subsidizes child-care services for employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 171, Tax Code, is amended by adding
1-6 Subchapter N to read as follows:
1-7 SUBCHAPTER N. TAX CREDIT FOR PURCHASING OR SUBSIDIZING COST OF
1-8 CHILD-CARE SERVICES
1-9 Sec. 171.701. DEFINITIONS. In this subchapter:
1-10 (1) "Day-care center" has the meaning assigned by
1-11 Section 42.002, Human Resources Code.
1-12 (2) "Family home" has the meaning assigned by Section
1-13 42.002, Human Resources Code.
1-14 Sec. 171.702. CREDIT. A corporation that meets the
1-15 eligibility requirements under this subchapter is entitled to a
1-16 credit in the amount allowed by this subchapter against the tax
1-17 imposed under this chapter.
1-18 Sec. 171.703. CREDIT FOR PURCHASED OR SUBSIDIZED CHILD
1-19 CARE. (a) A corporation may claim a credit under this
1-20 subchapter for an expenditure the corporation makes to purchase or
1-21 subsidize the cost of child-care services that are actually
1-22 provided to children of employees of the corporation at:
1-23 (1) a day-care center; or
1-24 (2) a family home that is registered or listed with
2-1 the Department of Protective and Regulatory Services under Chapter
2-2 42, Human Resources Code.
2-3 (b) The amount of the credit is equal to 30 percent of the
2-4 corporation's expenditures under Subsection (a).
2-5 Sec. 171.704. APPLICATION FOR CREDIT. (a) A corporation
2-6 must apply for a credit under this subchapter on or with the tax
2-7 report for the period for which the credit is claimed.
2-8 (b) The corporation must include proof that the child-care
2-9 services the corporation purchased or subsidized were actually
2-10 provided to children of employees of the corporation at a day-care
2-11 center or registered or listed family home.
2-12 (c) The comptroller shall adopt a form for the application
2-13 for the credit. A corporation must use this form in applying for
2-14 the credit.
2-15 Sec. 171.705. PERIOD FOR WHICH CREDIT MAY BE CLAIMED.
2-16 (a) A corporation may claim a credit under this subchapter for an
2-17 expenditure made during an accounting period only against the tax
2-18 owed for the corresponding reporting period.
2-19 (b) A corporation may not claim a credit in an amount that
2-20 exceeds the amount of tax due for the report.
2-21 Sec. 171.706. ASSIGNMENT PROHIBITED. A corporation may not
2-22 convey, assign, or transfer the credit allowed under this
2-23 subchapter to another entity unless all of the assets of the
2-24 corporation are conveyed, assigned, or transferred in the same
2-25 transaction.
2-26 SECTION 2. This Act takes effect January 1, 2000. A
2-27 corporation may claim a credit under Subchapter N, Chapter 171, Tax
3-1 Code, as added by this Act, only for an expenditure made on or
3-2 after that date.
3-3 SECTION 3. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.