By Turner of Coleman                                  H.B. No. 2737
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to tax incentives for certain agricultural processing
 1-3     companies locating or expanding in this state.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
 1-6     by adding Section 151.3185 to read as follows:
 1-7           Sec. 151.3185.  TAXABLE ITEMS SOLD OR USED BY CERTAIN
 1-8     AGRICULTURAL PROCESSORS.  (a)  In this section:
 1-9                 (1)  "Agricultural processor" means a person who is or
1-10     proposes to be engaged in processing an agricultural product.
1-11                 (2)  "Agricultural product" means an agricultural,
1-12     horticultural, viticultural, or vegetable product, bees, honey,
1-13     fish or other seafood, livestock, and poultry.
1-14                 (3)  "Economically distressed county" means a county
1-15     that:
1-16                       (A)  has a per capita income that averaged 25
1-17     percent below the state average for the most recent three
1-18     consecutive years for which statistics are available and an
1-19     unemployment rate that averaged 25 percent above the state average
1-20     for the most recent three consecutive years for which statistics
1-21     are available; or
 2-1                       (B)  is adjacent to an international border.
 2-2                 (4)  "Qualified agricultural processor" means an
 2-3     agricultural processor who meets the qualifications prescribed by
 2-4     Subsection (c).
 2-5                 (5)  "Rural county" means a county with a population of
 2-6     less than 250,000.
 2-7           (b)  A taxable item purchased, leased, rented, stored, or
 2-8     used by the agricultural processing business of a qualified
 2-9     agricultural processor is exempted from the taxes imposed by this
2-10     chapter.
2-11           (c)  An agricultural processor qualifies for the exemption
2-12     provided by this section only if the processor:
2-13                 (1)  establishes a new agricultural processing business
2-14     in a rural county or economically distressed county or expands an
2-15     existing agricultural processing business located in a rural county
2-16     or economically distressed county; and
2-17                 (2)  makes a capital investment of not less than
2-18     $100,000 in establishing or expanding the business in the location
2-19     described by Subdivision (1).
2-20           (d)  A qualified agricultural processor that is not a
2-21     corporation subject to taxation under Chapter 171 may claim the
2-22     exemption provided by this section only until the third anniversary
2-23     of the date on which the processor begins constructing or expanding
2-24     a facility that is necessary or essential to the agricultural
2-25     processing business described by Subsection (c) or enters into a
 3-1     lease for such a facility.
 3-2           (e)  A qualified agricultural processor that is a corporation
 3-3     subject to taxation under Chapter 171 may claim the exemption
 3-4     provided by this section only until the first anniversary of the
 3-5     date on which the processor begins constructing or expanding a
 3-6     facility that is necessary or essential to the agricultural
 3-7     processing business described by Subsection (c) or enters into a
 3-8     lease for such a facility.
 3-9           (f)  A corporation must apply to the comptroller for the
3-10     exemption provided by this section. The burden of establishing
3-11     entitlement to the exemption is on the agricultural processor.
3-12           SECTION 2.  Chapter 171, Tax Code, is amended by adding
3-13     Subchapter N to read as follows:
3-14          SUBCHAPTER N.  CREDIT FOR CERTAIN AGRICULTURAL PROCESSORS
3-15           Sec. 171.701.  DEFINITIONS.  In this subchapter:
3-16                 (1)  "Agricultural processor" has the meaning assigned
3-17     by Section 151.3185.
3-18                 (2)  "Agricultural product" has the meaning assigned by
3-19     Section 151.3185.
3-20                 (3)  "Economically distressed county" has the meaning
3-21     assigned by Section 151.3185.
3-22                 (4)  "New permanent employee" means a new employee,
3-23     other than a private contractor, hired by a corporation for a
3-24     position that requires at least 1,600 hours of work a year and is
3-25     intended to be held by one employee during the entire year.
 4-1                 (5)  "Rural county" has the meaning assigned by Section
 4-2     151.3185.
 4-3           Sec. 171.702.  ENTITLEMENT TO CREDIT.  A corporation is
 4-4     entitled to a credit in the amount and under the conditions and
 4-5     limitations provided by this subchapter against the tax imposed
 4-6     under this chapter.
 4-7           Sec. 171.703.  TYPES OF CORPORATIONS THAT QUALIFY FOR CREDIT.
 4-8     (a)  A corporation qualifies for a credit under this subchapter if
 4-9     the corporation is an agricultural processor that:
4-10                 (1)  establishes a new agricultural processing business
4-11     in a rural county or economically distressed county or expands an
4-12     existing agricultural processing business located in a rural county
4-13     or economically distressed county; and
4-14                 (2)  makes an overall investment relating to the
4-15     establishment or expansion in a privilege period that is equal to
4-16     at least $250,000 as computed under Subsection (b).
4-17           (b)  The value of a corporation's overall investment in
4-18     establishing or expanding an agricultural processing business in a
4-19     rural county or economically distressed county is computed by
4-20     multiplying the corporation's capital investment made in
4-21     establishing or expanding the business by the value of the new
4-22     permanent jobs created by the corporation as computed under
4-23     Subsection (c).
4-24           (c)  The value of a new permanent job created by a
4-25     corporation is equal to:
 5-1                 (1)  $0 for each new permanent employee hired by the
 5-2     corporation to work at an agricultural processing business
 5-3     established or expanded in a rural county or economically
 5-4     distressed area if the corporation hires four or fewer new
 5-5     permanent employees;
 5-6                 (2)  $1,000 for each new permanent employee hired by
 5-7     the corporation to work at an agricultural processing business
 5-8     established or expanded in a rural county or economically
 5-9     distressed area if the corporation hires at least five and not more
5-10     than 14 new permanent employees;
5-11                 (3)  $5,000 for each new permanent employee hired by
5-12     the corporation to work at an agricultural processing business
5-13     established or expanded in a rural county or economically
5-14     distressed area if the corporation hires at least 15 and not more
5-15     than 49 new permanent employees; and
5-16                 (4)  $10,000 for each new permanent employee hired by
5-17     the corporation to work at an agricultural processing business
5-18     established or expanded in a rural county or economically
5-19     distressed area if the corporation hires more than 49 new permanent
5-20     employees.
5-21           Sec. 171.704.   AMOUNT OF CREDIT.  (a)  The total amount of
5-22     the credit for which a corporation may qualify during a privilege
5-23     period is equal to:
5-24                 (1)  two percent of the value of the corporation's
5-25     overall investment for the privilege period if the value is at
 6-1     least $250,000 but not more than $500,000;
 6-2                 (2)  four percent of the value of the corporation's
 6-3     overall investment for the privilege period if the value is more
 6-4     than $500,000 but not more than $1 million;
 6-5                 (3)  six percent of the value of the corporation's
 6-6     overall investment for the privilege period if the value  is more
 6-7     than $1 million but not more than $5 million;
 6-8                 (4)  eight percent of the value of the corporation's
 6-9     overall investment for the privilege period if the value is more
6-10     than $5 million but not more than $10 million; and
6-11                 (5)  10 percent of the value of the corporation's
6-12     overall investment for the privilege period if the value is more
6-13     than $10 million.
6-14           (b)  A credit related to a particular new permanent employee
6-15     expires if:
6-16                 (1)  the employee does not remain continuously employed
6-17     with the business for at least 90 days; or
6-18                 (2)  the number of full-time employees working at that
6-19     employee's location falls below the number of employees at that
6-20     location on the day after that employee was hired.
6-21           (c)  A corporation that qualifies for a credit under this
6-22     subchapter must take the credit in five equal installments.
6-23           Sec. 171.705.  LIMITATIONS.  (a)  The total credit claimed
6-24     under this subchapter for a privilege period may not exceed 50
6-25     percent of the amount of net franchise tax due for the privilege
 7-1     period after any other applicable tax credits.
 7-2           (b)  The amount of the credit may not reduce the tax below
 7-3     zero.
 7-4           Sec. 171.706.  CARRYOVER.  If a corporation is entitled to
 7-5     take a credit that exceeds the limitation prescribed by Section
 7-6     171.705 for a privilege period, the corporation may carry the
 7-7     credit forward to consecutive reports.
 7-8           Sec. 171.707.  CONVEYANCE, ASSIGNMENT, OR TRANSFER.  A
 7-9     corporation may not convey, assign, or transfer a credit to another
7-10     person.
7-11           Sec. 171.708.  RULES.  The comptroller shall adopt rules
7-12     necessary to implement this subchapter.
7-13           SECTION 3.  Subchapter B, Chapter 403, Government Code, is
7-14     amended by adding Section 403.0255 to read as follows:
7-15           Sec. 403.0255.  INCENTIVES FOR AGRICULTURAL PROCESSORS.  The
7-16     comptroller shall promote awareness of incentives available to
7-17     companies that want to establish or expand an agricultural
7-18     processing business in this state.
7-19           SECTION 4.  Chapter 12, Agriculture Code, is amended by
7-20     adding Section 12.0021 to read as follows:
7-21           Sec. 12.0021.  INCENTIVES FOR AGRICULTURAL PROCESSORS.  The
7-22     department shall recruit the governor's office and other state
7-23     agencies to participate in a coordinated campaign to increase
7-24     awareness of the incentives available to companies that want to
7-25     establish or expand an agricultural processing business in this
 8-1     state.
 8-2           SECTION 5.  (a)  This Act takes effect January 1, 2000.
 8-3           (b)  A corporation may claim an exemption or credit under
 8-4     this Act only for a capital investment made or new permanent
 8-5     employee hired on or after the effective date of this Act.
 8-6           SECTION 6.  The importance of this legislation and the
 8-7     crowded condition of the calendars in both houses create an
 8-8     emergency and an imperative public necessity that the
 8-9     constitutional rule requiring bills to be read on three several
8-10     days in each house be suspended, and this rule is hereby suspended.