By Brown of Kaufman                                   H.B. No. 2477
         76R5632 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a franchise tax credit for certain business entities
 1-3     for payment of certain scholarships.
 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 171.0025 to read as follows:
 1-7           Sec. 171.0025.  TAX CREDIT FOR HIGHER EDUCATION SCHOLARSHIPS.
 1-8     (a)  In this section, "institution of higher education" means an
 1-9     institution of higher education or a private or independent
1-10     institution of higher education as those terms are defined by
1-11     Section 61.003, Education Code.
1-12           (b)  A person is eligible to receive a tax credit under this
1-13     section only if the person is:
1-14                 (1)  an individual who is the sole proprietor of a
1-15     business with fewer than 100 employees; or
1-16                 (2)  a business entity with fewer than 100 employees.
1-17           (c)  An eligible person is entitled to receive a franchise
1-18     tax credit if the person funds a scholarship as provided by this
1-19     section payable toward the payment of at least 50 percent of the
1-20     tuition costs of an institution of higher education of the person's
1-21     employee who:
1-22                 (1)  is attending an institution of higher education;
1-23     and
1-24                 (2)  enrolls for at least six semester credit hours.
 2-1           (d)  The comptroller shall issue a tax credit voucher to an
 2-2     eligible person if the person submits to the comptroller:
 2-3                 (1)  a sworn application using a form prescribed by the
 2-4     comptroller; and
 2-5                 (2)  proof in the form and manner prescribed by the
 2-6     comptroller that the employee is employed by the person, is
 2-7     enrolled in an institution of higher education, and is using the
 2-8     scholarship to attend that institution.
 2-9           (e)  The person must submit the application and proof
2-10     required by Subsection (d) to the comptroller not later than the
2-11     30th day after the date the institution's semester or session
2-12     begins.
2-13           (f)  A person may fund more than one scholarship.  For each
2-14     qualifying scholarship, the person is entitled to a tax credit in
2-15     an amount equal to the amount of the employee's tuition costs
2-16     covered by the scholarship.
2-17           (g)  A person must claim the tax credit on the report for
2-18     which net taxable earned surplus or net taxable capital is based on
2-19     the same period during which the person provided the scholarship
2-20     funding.
2-21           (h)  A person may not claim a tax credit in an amount that
2-22     exceeds the amount of the tax due for that report.  A credit
2-23     allowed under this section may not be carried forward or backward
2-24     or used to create a business loss carryover.
2-25           (i)  A person may not convey, assign, or transfer a tax
2-26     credit allowed under this section to another person unless all the
2-27     assets of the person are conveyed, assigned, or transferred to that
 3-1     person in the same transaction.
 3-2           (j)  The person must provide to the comptroller any
 3-3     information the comptroller requires to determine the validity of a
 3-4     tax credit claim.
 3-5           SECTION 2.  Section 171.0025, Tax Code, as added by this Act,
 3-6     applies to franchise tax reports originally due on or after January
 3-7     1, 2000.
 3-8           SECTION 3.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended,
3-13     and that this Act take effect and be in force from and after its
3-14     passage, and it is so enacted.