1-1     By:  Marchant (Senate Sponsor - Fraser)               H.B. No. 2067
 1-2           (In the Senate - Received from the House April 22, 1999;
 1-3     April 23, 1999, read first time and referred to Committee on
 1-4     Finance; May 5, 1999, reported favorably by the following vote:
 1-5     Yeas 9, Nays 0; May 5, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the application of the franchise tax to banking
 1-9     corporations and savings and loan associations.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Sections 171.001(b)(1), (3), and (7), Tax Code,
1-12     are amended to read as follows:
1-13                 (1)  "Banking corporation" means each state, national,
1-14     domestic, or foreign bank, whether organized under the laws of this
1-15     state, another state, or another country, or under federal law,
1-16     including a limited banking association organized under Subtitle A,
1-17     Title 3, Finance Code, [as defined by Section 1.002(a), Texas
1-18     Banking Act,] and each bank organized under Section 25(a), Federal
1-19     Reserve Act (12 U.S.C. Secs. 611-631) (edge corporations), but does
1-20     not include a bank holding company as that term is defined by
1-21     Section 2, Bank Holding Company Act of 1956 (12 U.S.C. Sec. 1841).
1-22                 (3)  "Corporation" includes:
1-23                       (A)  a limited liability company, as defined
1-24     under the Texas Limited Liability Company Act;
1-25                       (B)  a [state or federal] savings and loan
1-26     association; and
1-27                       (C)  a banking corporation.
1-28                 (7)  "Savings and loan association" means [includes] a
1-29     [state or federal] savings and loan association or savings bank,
1-30     whether organized under the laws of this state, another state, or
1-31     another country, or under federal law.
1-32           SECTION 2.  Sections 171.106(a) and (b), Tax Code, are
1-33     amended to read as follows:
1-34           (a)  Except as provided by Subsections (c) and (d), a
1-35     corporation's taxable capital is apportioned to this state to
1-36     determine the amount of the tax imposed under Section 171.002(b)(1)
1-37     by multiplying the corporation's taxable capital by a fraction, the
1-38     numerator of which is the corporation's gross receipts from
1-39     business done in this state, as determined under Section 171.103
1-40     [or 171.1031, as applicable], and the denominator of which is the
1-41     corporation's gross receipts from its entire business, as
1-42     determined under Section 171.105.
1-43           (b)  Except as provided by Subsections (c) and (d), a
1-44     corporation's taxable earned surplus is apportioned to this state
1-45     to determine the amount of tax imposed under Section 171.002(b)(2)
1-46     by multiplying the taxable earned surplus by a fraction, the
1-47     numerator of which is the corporation's gross receipts from
1-48     business done in this state, as determined under Section [171.1031
1-49     or] 171.1032, [as applicable,] and the denominator of which is the
1-50     corporation's gross receipts from its entire business, as
1-51     determined under Section 171.1051.
1-52           SECTION 3.  Section 171.259, Tax Code, is amended to read as
1-53     follows:
1-54           Sec. 171.259.  BANKING CORPORATIONS AND SAVINGS AND LOAN
1-55     ASSOCIATIONS.   (a)  Except as provided by Subsection (b), this
1-56     [This] subchapter does not apply to a banking corporation that is
1-57     organized under the laws of this state or under federal law and has
1-58     its main office in this state [or a savings and loan association].
1-59           (b)  The banking commissioner shall appoint a conservator
1-60     under Subtitle A, Title 3, Finance Code, to pay the franchise tax
1-61     of a banking corporation that is organized under the laws of this
1-62     state and that the commissioner certifies as being delinquent in
1-63     the payment of the corporation's franchise tax.
1-64           SECTION 4.  Subchapter F, Chapter 171, Tax Code, is amended
 2-1     by adding Section 171.260 to read as follows:
 2-2           Sec. 171.260.  SAVINGS AND LOAN ASSOCIATION.  (a)  Except as
 2-3     provided by Subsection (b), this subchapter does not apply to a
 2-4     savings and loan association that is organized under the laws of
 2-5     this state or under federal law and has its main office in this
 2-6     state.
 2-7           (b)  The savings and loan commissioner shall appoint a
 2-8     conservator under Subtitle B or C, Title 3, Finance Code, to pay
 2-9     the franchise tax of a savings and loan corporation that is
2-10     organized under the laws of this state and that the commissioner
2-11     certifies as being delinquent in the payment of the corporation's
2-12     franchise tax.
2-13           SECTION 5.  Section 171.316, Tax Code, is amended to read as
2-14     follows:
2-15           Sec. 171.316.  BANKING CORPORATIONS.  This subchapter does
2-16     not apply to a banking corporation that is organized under the laws
2-17     of this state or under federal law and has its main office in this
2-18     state.
2-19           SECTION 6.  Section 171.317, Tax Code, is amended to read as
2-20     follows:
2-21           Sec. 171.317.  SAVINGS AND LOAN ASSOCIATIONS.  This [(a)
2-22     Except as prohibited by the Texas Savings and Loan Act (Article
2-23     852a, Vernon's Texas Civil Statutes), the Savings and Loan
2-24     Commissioner shall revoke the charter of a savings and loan
2-25     association that the comptroller certifies is delinquent in the
2-26     payment of the tax imposed under this chapter.]
2-27           [(b)  Except as provided by Subsection (a), this] subchapter
2-28     does not apply to a savings and loan association that is organized
2-29     under the laws of this state or under federal law and has its main
2-30     office in this state.
2-31           SECTION 7.  Section 171.1031, Tax Code, is repealed.
2-32           SECTION 8.  This Act takes effect January 1, 2000, and
2-33     applies to a report originally due on or after that date.
2-34           SECTION 9.  The importance of this legislation and the
2-35     crowded condition of the calendars in both houses create an
2-36     emergency and an imperative public necessity that the
2-37     constitutional rule requiring bills to be read on three several
2-38     days in each house be suspended, and this rule is hereby suspended.
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