By Greenberg                                          H.B. No. 3743
         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 credits, refunds, and exemptions.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter C, Chapter 171, Tax Code, is amended
 1-5     by adding Section 171.114 to read as follows:
 1-6           Sec. 171.114.  CREDIT ON NET TAXABLE EARNED SURPLUS FOR
 1-7     RESEARCH AND DEVELOPMENT ACTIVITIES.  (a)  A corporation is
 1-8     entitled to a credit against the tax due under this chapter on net
 1-9     taxable earned surplus as provided by this section.
1-10           (b)  Subject to Subsections (c) and (d), the credit for any
1-11     privilege period equals the sum of five percent of:
1-12                 (1)  the qualified research expenses for this state for
1-13     that period; and
1-14                 (2)  the basic research payments determined for this
1-15     state for that period.
1-16           (c)  The credit may not exceed:
1-17                 (1)  25 percent of the amount of net franchise tax due
1-18     for the privilege period after any other applicable tax credits; or
1-19                 (2)  in combination with the credit under Subchapter Q,
1-20     50 percent of the amount of net franchise tax due for the privilege
1-21     period after any other applicable tax credits other than the credit
 2-1     under Subchapter Q.
 2-2           (d)  The amount of the credit may not reduce the tax below
 2-3     zero.
 2-4           (e)  If a taxpayer is entitled to a credit that exceeds the
 2-5     limitation under Subsection (c) for a privilege period, the
 2-6     taxpayer may carry the credit forward for not more than 15
 2-7     consecutive privilege periods.
 2-8           (f)  If a corporation's accounting year does not correspond
 2-9     to the privilege period, any amount used to calculate the credit
2-10     shall be multiplied by a fraction the numerator of which is the
2-11     number of days in the corporation's accounting year that are also
2-12     in the privilege period and the denominator of which is the number
2-13     of days in the privilege period.
2-14           (g)  The comptroller shall adopt rules necessary to implement
2-15     this section.
2-16           (h)  This section applies only to an expenditure by a
2-17     corporation made on or before December 31, 2017.
2-18           (i)  In this section, "basic research payment" and "qualified
2-19     research expense" have the meanings assigned by Section 41,
2-20     Internal Revenue Code.
2-21           SECTION 2.  Chapter 171, Tax Code, is amended by adding
2-22     Subchapters P, and Q to read as follows:
2-23               SUBCHAPTER P.  WORKFORCE DEVELOPMENT TAX CREDIT
2-24           Sec. 171.751.  ENTITLEMENT TO CREDIT.  A corporation is
2-25     entitled to a credit in the amount and under the conditions and
 3-1     limitations provided by this subchapter against the tax imposed
 3-2     under this chapter.
 3-3           Sec. 171.752.  QUALIFICATION.  A corporation qualifies for a
 3-4     credit under this subchapter for each employee:
 3-5                 (1)  originally hired on or after January 1, 2000;
 3-6                 (2)  who, at the time of being hired, is enrolled in a
 3-7     technical preparatory career pathway course of study at an
 3-8     accredited high school; and
 3-9                 (3)  who is employed as an intern with work assignments
3-10     related to the course of study.
3-11           Sec. 171.753.  AMOUNT; LIMITATIONS.  (a)  The amount of the
3-12     credit is 50 percent of the wages paid by the corporation for each
3-13     qualified employee.
3-14           (b)  The credit claimed for each privilege period may not
3-15     exceed $1,500 for each individual employed.
3-16           Sec. 171.754.  APPLICATION FOR CREDIT.  (a)  A corporation
3-17     must apply for a credit under this subchapter on or with the tax
3-18     report for the period for which the credit is claimed.
3-19           (b)  The comptroller shall promulgate a form for the
3-20     application for the credit.  A corporation must use this form in
3-21     applying for the credit.
3-22           Sec. 171.755.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A
3-23     corporation may claim a credit under this subchapter for wages paid
3-24     during an accounting period only against the tax owed for the
3-25     corresponding privilege period.
 4-1           Sec. 171.756.  RULES.  The comptroller shall adopt rules
 4-2     necessary to implement this subchapter.
 4-3               SUBCHAPTER Q.  CREDIT FOR EDUCATION INVESTMENT
 4-4                         IN RESEARCH AND DEVELOPMENT
 4-5           Sec. 171.781.  ENTITLEMENT.  A corporation is entitled to a
 4-6     credit in the amount and under the conditions and limitations
 4-7     provided by this subchapter against the tax imposed under this
 4-8     chapter.
 4-9           Sec. 171.782.  EDUCATION INVESTMENT CREDIT.  (a)  A
4-10     corporation is entitled to a credit for fair market value of a
4-11     contribution for research and development purposes, including
4-12     money, service, and equipment, to an education organization in this
4-13     state that normally:
4-14                 (1)  maintains a regular facility and curriculum; and
4-15                 (2)  has a regularly enrolled body of students in
4-16     attendance.
4-17           (b)  The amount of the credit may not exceed:
4-18                 (1)  25 percent of the amount contributed under
4-19     Subsection (a)  for the privilege period in which the expenses or
4-20     payments are made; or
4-21                 (2)  in combination with the credit under Section
4-22     171.114, 50 percent of the amount of net franchise tax due for the
4-23     privilege period after any other applicable tax credits other than
4-24     the credit under Section 171.114.
4-25           Sec. 171.783.  ACCOUNTING.  If a corporation's accounting
 5-1     year does not correspond to the privilege period, any amount used
 5-2     to calculate the credit shall be multiplied by a fraction the
 5-3     numerator of which is the number of days in the corporation's
 5-4     accounting year that are also in the privilege period and the
 5-5     denominator of which is the number of days in the privilege period.
 5-6           Sec. 171.784.  CARRYOVER.  A corporation may carry any unused
 5-7     credit forward for not more than four consecutive privilege
 5-8     periods.
 5-9           SECTION 3.  Subchapter H, Chapter 151, Tax Code, is amended
5-10     by adding Section 151.3181 to read as follows:
5-11           Sec. 151.3181.  EQUIPMENT USED IN RESEARCH OR DEVELOPMENT.
5-12     (a)  There are exempted from the taxes imposed by this  chapter
5-13     machinery, equipment, or replacement parts that are used directly
5-14     in the research or development of inventions, products, processes,
5-15     or technology by a person that is:
5-16                 (1)  subject to the franchise tax imposed under Chapter
5-17     171; and
5-18                 (2)  primarily engaged in:
5-19                       (A)  the manufacturing, processing, or
5-20     fabrication of tangible personal property for ultimate sale; or
5-21                       (B)  the performance of scientific or technical
5-22     services for a person described by Paragraph (A).
5-23           (b)  The exemption does not include:
5-24                 (1)  office equipment or supplies; or
5-25                 (2)  equipment or supplies used in sales or
 6-1     distribution activities or in transportation activities.
 6-2           (c)  In this section, "manufacturing" has the meaning
 6-3     assigned by Section 151.318.
 6-4           SECTION 4.  (a)  Sections 1 and 2 of this Act take effect
 6-5     January 1, 2000, and apply only to a report originally due on or
 6-6     after that date.
 6-7           (b)  Section 3 of this Act takes effect October 1, 1999.
 6-8           (c)  The change in law made by Section 3 of this Act does not
 6-9     affect taxes imposed before October 1, 1999, and the law in effect
6-10     before that date is continued in effect for purposes of the
6-11     liability for and collection of those taxes.
6-12           SECTION 5.  The importance of this legislation and the
6-13     crowded condition of the calendars in both houses create an
6-14     emergency and an imperative public necessity that the
6-15     constitutional rule requiring bills to be read on three several
6-16     days in each house be suspended, and this rule is hereby suspended.