By Puente H.B. No. 399
76R989 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a franchise tax credit for donation of certain
1-3 environmentally sensitive land.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 171, Tax Code, is amended
1-6 by adding Section 171.003 to read as follows:
1-7 Sec. 171.003. CREDIT FOR DONATION OF CERTAIN ENVIRONMENTALLY
1-8 SENSITIVE LAND. (a) A corporation is entitled to a credit on the
1-9 tax due under this chapter in an amount and in the manner provided
1-10 by this section if the corporation:
1-11 (1) donates land to:
1-12 (A) a governmental entity of this state; or
1-13 (B) a nonprofit organization that operates in
1-14 this state and whose primary purpose is the protection of the
1-15 environment; and
1-16 (2) all or a portion of the land is located in a
1-17 recharge zone over an aquifer.
1-18 (b) The amount of the credit is 25 percent of the market
1-19 value of the portion of the donated land that is located in a
1-20 recharge zone over an aquifer.
1-21 (c) A corporation must apply for the credit on or with the
1-22 tax report for the period for which the credit is claimed. The
1-23 comptroller shall promulgate a form for the application for the
1-24 credit. A corporation must use this form in applying for the
2-1 credit.
2-2 (d) A corporation must provide to the comptroller any
2-3 information the comptroller requires to determine the validity of a
2-4 claim for the credit. The burden of establishing entitlement to
2-5 and the value of the credit is on the corporation.
2-6 (e) The credit applies only to the privilege period in which
2-7 the land was donated except that a corporation may carry all or
2-8 part of the credit forward for not more than five consecutive
2-9 privilege periods.
2-10 (f) A corporation may not claim a credit in an amount that
2-11 exceeds the amount of tax due for the privilege period.
2-12 (g) A corporation may not convey, assign, or transfer the
2-13 credit to another entity.
2-14 SECTION 2. A corporation may claim the credit under Section
2-15 171.003, Tax Code, as added by this Act, only for land donated on
2-16 or after the effective date of this Act and only on a franchise tax
2-17 report due under Chapter 171, Tax Code, on or after January 1,
2-18 2000.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.