76R17073 E                          
         By Sibley, et al.                                        S.B. No. 5
         Substitute the following for S.B. No. 5:
         By Oliveira                                          C.S.S.B. No. 5
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authorization of certain franchise tax incentives
 1-3     promoting economic development.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 171, Tax Code, is amended by adding
 1-6     Subchapter N to read as follows:
 1-7         SUBCHAPTER N.  TAX CREDIT FOR ESTABLISHING DAY-CARE CENTER
 1-8                      OR PURCHASING CHILD-CARE SERVICES
 1-9           Sec. 171.701.  DEFINITIONS.  In this subchapter:
1-10                 (1)  "Day-care center" has the meaning assigned by
1-11     Section 42.002, Human Resources Code.
1-12                 (2)  "Family home" has the meaning assigned by Section
1-13     42.002, Human Resources Code.
1-14           Sec. 171.702.  CREDIT.  A corporation that meets the
1-15     eligibility requirements under this subchapter is entitled to a
1-16     credit in the amount allowed by this subchapter against the tax
1-17     imposed under this chapter.
1-18           Sec. 171.703.  CREDIT FOR DAY-CARE CENTER AND PURCHASED CHILD
1-19     CARE.  (a)  A corporation may claim a credit under this subchapter
1-20     only for a qualifying expenditure relating to:
1-21                 (1)  the establishment and operation of a day-care
1-22     center primarily to provide care for the children of employees of
1-23     the corporation or of the corporation and one or more other
 2-1     entities sharing the costs of establishing and operating the
 2-2     center; or
 2-3                 (2)  the purchase of child-care services that are
 2-4     actually provided to children of employees of the corporation at a:
 2-5                       (A)  day-care center; or
 2-6                       (B)  family home that is registered or listed
 2-7     with the Department of Protective and Regulatory Services under
 2-8     Chapter 42, Human Resources Code.
 2-9           (b)  A qualifying expenditure includes an expenditure for:
2-10                 (1)  planning the day-care center;
2-11                 (2)  preparing a site to be used for the day-care
2-12     center;
2-13                 (3)  constructing the day-care center;
2-14                 (4)  renovating or remodeling a structure to be used
2-15     for the day-care center;
2-16                 (5)  purchasing equipment necessary in the use of the
2-17     day-care center and installed for permanent use in or immediately
2-18     adjacent to the day-care center, including kitchen appliances and
2-19     other food preparation equipment;
2-20                 (6)  expanding the day-care center;
2-21                 (7)  maintaining and operating the day-care center,
2-22     including paying direct administration and staff costs; or
2-23                 (8)  purchasing all or part of child-care services that
2-24     are actually provided to children of employees of the corporation
2-25     at a day-care center or registered or listed family home.
2-26           (c)  The amount of the credit is equal to the lesser of:
2-27                 (1)  $50,000;
 3-1                 (2)  50 percent of the corporation's qualifying
 3-2     expenditures; or
 3-3                 (3)  the amount of the limitation provided by Section
 3-4     171.705(b).
 3-5           (d)  If a corporation shares in the cost of establishing and
 3-6     operating a day-care center, the corporation is entitled to a
 3-7     credit for the qualifying expenditures made by that corporation,
 3-8     subject to the limitation prescribed by Subsection (c).
 3-9           Sec. 171.704.  APPLICATION FOR CREDIT.  (a)  A corporation
3-10     must apply for a credit under this subchapter on or with the tax
3-11     report for the period for which the credit is claimed.
3-12           (b)  If the corporation is claiming a credit for a qualifying
3-13     expenditure for purchasing child-care services, the corporation
3-14     must include proof that the services were actually provided to
3-15     children of employees of the corporation at a day-care center or
3-16     registered or listed family home.
3-17           (c)  The comptroller shall adopt a form for the application
3-18     for the credit.  A corporation must use this form in applying for
3-19     the credit.
3-20           Sec. 171.705.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.
3-21     (a)  A corporation may claim a credit under this subchapter for
3-22     qualifying expenditures made during an accounting period only
3-23     against the tax owed for the corresponding reporting period.
3-24           (b)  A corporation may not claim a credit in an amount that
3-25     exceeds 90 percent of the amount of tax due for the report.
3-26           Sec. 171.706.  ASSIGNMENT PROHIBITED.  A corporation may not
3-27     convey, assign, or transfer the credit allowed under this
 4-1     subchapter  to another entity unless all of the assets of the
 4-2     corporation are conveyed, assigned, or transferred in the same
 4-3     transaction.
 4-4           Sec. 171.707.  BIENNIAL REPORT BY COMPTROLLER.  (a)  Before
 4-5     the beginning of each regular session of the legislature, the
 4-6     comptroller shall submit to the governor, the lieutenant governor,
 4-7     and the speaker of the house of representatives a report that
 4-8     states:
 4-9                 (1)  the total amount of qualifying expenditures
4-10     incurred by corporations that claim a credit under this subchapter;
4-11                 (2)  the total amount of credits applied against the
4-12     tax under this chapter and the amount of unused credits including:
4-13                       (A)  the total amount of franchise tax due by
4-14     corporations claiming a credit under this subchapter before and
4-15     after the application of the credit;
4-16                       (B)  the average percentage reduction in
4-17     franchise tax due by corporations claiming a credit under this
4-18     subchapter;
4-19                       (C)  the percentage of tax credits that were
4-20     awarded to corporations with fewer than 100 employees; and
4-21                       (D)  the two-digit standard industrial
4-22     classification of corporations claiming a credit under this
4-23     subchapter;
4-24                 (3)  the geographical distribution of qualifying
4-25     expenditures giving rise to a credit authorized by this subchapter;
4-26                 (4)  the impact of the credit provided by this
4-27     subchapter on promoting economic development in this state; and
 5-1                 (5)  the impact of the credit provided under this
 5-2     subchapter on state tax revenues.
 5-3           (b)  The final report issued prior to the expiration of this
 5-4     subchapter shall include historical information on the credit
 5-5     authorized under this subchapter.
 5-6           (c)  The comptroller may not include in the report
 5-7     information that is confidential by law.
 5-8           (d)  For purposes of this section, the comptroller may
 5-9     require a corporation that claims a credit under this subchapter to
5-10     submit information, on a form provided by the comptroller, on the
5-11     location of the corporation's qualifying expenditures and any other
5-12     information necessary to complete the report required under this
5-13     section.
5-14           SECTION 2.  Chapter 171, Tax Code, is amended by adding
5-15     Subchapter O to read as follows:
5-16             SUBCHAPTER O.  TAX CREDIT FOR CERTAIN RESEARCH AND
5-17                           DEVELOPMENT ACTIVITIES
5-18           Sec. 171.721.  DEFINITIONS.  In this subchapter:
5-19                 (1)  "Base amount," "basic research payment," and
5-20     "qualified research expense" have the meanings assigned those terms
5-21     by Section 41, Internal Revenue Code, except that all such payments
5-22     and expenses must be for research conducted within this state.
5-23                 (2)  "Strategic investment area" means:
5-24                       (A)  a county within this state with above state
5-25     average unemployment and below state average per capita income;
5-26                       (B)  an area that, on or before January 1, 1999,
5-27     is a federally designated urban enterprise community or an urban
 6-1     enhanced enterprise community;
 6-2                       (C)  an area within this state that:
 6-3                             (i)  is located in a municipality with a
 6-4     population of 500,000 or less;
 6-5                             (ii)  was nominated in 1998 for designation
 6-6     as a federal empowerment zone under 26 U.S.C. Section 1391; and
 6-7                             (iii)  is not located in a municipality
 6-8     that contains a defense economic readjustment zone designated under
 6-9     Chapter 2310, Government Code; or
6-10                       (D)  a county that is contiguous on at least
6-11     three sides to a county with above state average unemployment and
6-12     below state average per capita income, has a population of less
6-13     than 750 according to the most recent decennial census, borders the
6-14     Gulf of Mexico, and has been designated as the site for a spaceport
6-15     pursuant to the relevant provisions of the Development Corporation
6-16     Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes).
6-17           Sec. 171.722.  ELIGIBILITY.  (a)  A corporation is eligible
6-18     for a credit against the tax imposed under this chapter in the
6-19     amount and under the conditions and limitations provided by this
6-20     subchapter.
6-21           (b)  A corporation may claim a credit under Section
6-22     171.723(d) or take a carryforward credit without regard to whether
6-23     the strategic investment area in which it made qualified research
6-24     expenses and basic research payments subsequently loses its
6-25     designation as a strategic investment area.
6-26           Sec. 171.723.  CALCULATION OF CREDIT.  (a)  The credit for
6-27     any report equals five percent of the sum of:
 7-1                 (1)  the excess of qualified research expenses incurred
 7-2     in this state during the period upon which the tax is based over
 7-3     the base amount for this state; and
 7-4                 (2)  the basic research payments determined under
 7-5     Section 41(e)(1)(A), Internal Revenue Code, for this state during
 7-6     the period upon which the tax is based.
 7-7           (b)  A corporation may elect to compute the credit for
 7-8     qualified research expenses incurred in this state in a manner
 7-9     consistent with the alternative incremental credit described in
7-10     Section 41(c)(4), Internal Revenue Code, only if for the
7-11     corresponding federal tax period:
7-12                 (1)  a federal election was made to compute the federal
7-13     credit under Section 41(c)(4), Internal Revenue Code;
7-14                 (2)  the corporation was a member of a consolidated
7-15     group for which a federal election was made under Section 41(c)(4),
7-16     Internal Revenue Code; or
7-17                 (3)  the corporation did not claim the federal credit
7-18     under Section 41(a)(1), Internal Revenue Code.
7-19           (c)  For purposes of the alternate credit computation method
7-20     in Subsection (b), the credit percentages applicable to qualified
7-21     research expenses described in Sections 41(c)(4)(A)(i), (ii), and
7-22     (iii), Internal Revenue Code, are 0.41 percent, 0.55 percent, and
7-23     0.69 percent, respectively.
7-24           (d)  In computing the credit under this section, a
7-25     corporation may multiply by two the amount of any qualified
7-26     research expenses and basic research payments made in a strategic
7-27     investment area as determined by the comptroller under Section
 8-1     171.726.
 8-2           (e)  The burden of establishing entitlement to and the value
 8-3     of the credit is on the corporation.
 8-4           (f)  For the purposes of this section, "gross receipts" as
 8-5     used in Section 41, Internal Revenue Code, means gross receipts as
 8-6     determined under Section 171.1032.
 8-7           Sec. 171.724.  LIMITATIONS.  (a)  The total credit claimed
 8-8     under this subchapter for a report, including the amount of any
 8-9     carryforward credit under Section 171.725, may not exceed 50
8-10     percent of the amount of franchise tax due for the report before
8-11     any other applicable tax credits.
8-12           (b)  The total credit claimed under this subchapter and
8-13     Subchapters P and Q for a report, including the amount of any
8-14     carryforward credits, may not exceed the amount of franchise tax
8-15     due for the report after any other applicable credits.
8-16           (c)  A corporation that establishes its eligibility for a
8-17     credit under this subchapter is not eligible to establish a credit
8-18     under Subchapter P.
8-19           Sec. 171.725.  CARRYFORWARD.  If a corporation is eligible
8-20     for a credit that exceeds the limitation under Section 171.724(a)
8-21     or (b), the corporation may carry the unused credit forward for not
8-22     more than 20 consecutive reports.  A credit carryforward from a
8-23     previous report is considered to be utilized before the current
8-24     year credit.
8-25           Sec. 171.726.  DETERMINATION OF STRATEGIC INVESTMENT AREAS.
8-26     The comptroller shall determine strategic investment areas on an
8-27     annual basis using the most current available data and shall
 9-1     publish a list and map of strategic investment areas by September 1
 9-2     of each year.
 9-3           Sec. 171.727.  BIENNIAL REPORT BY COMPTROLLER.  (a)  Before
 9-4     the beginning of each regular session of the legislature, the
 9-5     comptroller shall submit to the governor, the lieutenant governor,
 9-6     and the speaker of the house of representatives a report that
 9-7     states:
 9-8                 (1)  the total amount of expenses and payments incurred
 9-9     by corporations that claim a credit under this subchapter;
9-10                 (2)  the total amount of credits applied against the
9-11     tax under this chapter and the amount of unused credits including:
9-12                       (A)  the total amount of franchise tax due by
9-13     corporations claiming a credit under this subchapter before and
9-14     after the application of the credit;
9-15                       (B)  the average percentage reduction in
9-16     franchise tax due by corporations claiming a credit under this
9-17     subchapter;
9-18                       (C)  the percentage of tax credits that were
9-19     awarded to corporations with fewer than 100 employees; and
9-20                       (D)  the two-digit standard industrial
9-21     classification of corporations claiming a credit under this
9-22     subchapter;
9-23                 (3)  the geographical distribution of expenses and
9-24     payments giving rise to a credit authorized by this subchapter;
9-25                 (4)  the impact of the credit provided by this
9-26     subchapter on the amount of research and development performed in
9-27     this state and employment in research and development in this
 10-1    state; and
 10-2                (5)  the impact of the credit provided under this
 10-3    subchapter on employment, capital investment, and personal income
 10-4    in this state and on state tax revenues.
 10-5          (b)  The final report issued prior to the expiration of this
 10-6    subchapter shall include historical information on the credit
 10-7    authorized under this subchapter.
 10-8          (c)  The comptroller may not include in the report
 10-9    information that is confidential by law.
10-10          (d)  For purposes of this section, the comptroller may
10-11    require a corporation that claims a credit under this subchapter to
10-12    submit information, on a form provided by the comptroller, on the
10-13    location of the corporation's research expenses and payments in
10-14    this state and any other information necessary to complete the
10-15    report required under this section.
10-16          Sec. 171.728.  COMPTROLLER POWERS AND DUTIES.  The
10-17    comptroller shall adopt rules and forms necessary to implement this
10-18    subchapter.
10-19          Sec. 171.729.  EXPIRATION.  (a)  This subchapter expires
10-20    December 31, 2009.
10-21          (b)  The expiration of this subchapter does not affect the
10-22    carryforward of a credit under Section 171.725 for those credits to
10-23    which a corporation is eligible before the date this subchapter
10-24    expires.
10-25          SECTION 3.  Chapter 171, Tax Code, is amended by adding
10-26    Subchapter P to read as follows:
 11-1      SUBCHAPTER P.  TAX CREDITS FOR CERTAIN JOB CREATION ACTIVITIES
 11-2          Sec. 171.751.  DEFINITIONS.  In this subchapter:
 11-3                (1)  "Agricultural processing" means an establishment
 11-4    primarily engaged in activities described in categories 2011-2099,
 11-5    2211, 2231, or 3111-3199 of the 1987 Standard Industrial
 11-6    Classification Manual published by the federal Office of Management
 11-7    and Budget.
 11-8                (2)  "Central administrative offices" means an
 11-9    establishment primarily engaged in performing management or support
11-10    services for other establishments of the same enterprise.  An
11-11    enterprise consists of all establishments having more than 50
11-12    percent common direct or indirect ownership.
11-13                (3)  "County average weekly wage" means the average
11-14    weekly wage for all covered employment in the county as computed by
11-15    the Texas Workforce Commission.
11-16                (4)  "Data processing" means an establishment primarily
11-17    engaged in activities described in categories 7371-7379 of the 1987
11-18    Standard Industrial Classification Manual published by the federal
11-19    Office of Management and Budget.
11-20                (5)  "Distribution" means an establishment primarily
11-21    engaged in activities described in categories 5012-5199 of the 1987
11-22    Standard Industrial Classification Manual published by the federal
11-23    Office of Management and Budget.
11-24                (6)  "Group health benefit plan" means:
11-25                      (A)  a health plan provided by a health
11-26    maintenance organization established under the Texas Health
11-27    Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
 12-1    Code);
 12-2                      (B)  a health benefit plan approved by the
 12-3    commissioner of insurance; or
 12-4                      (C)  a self-funded or self-insured employee
 12-5    welfare benefit plan that provides health benefits and is
 12-6    established in accordance with the Employee Retirement Income
 12-7    Security Act of 1974 (29 U.S.C. Section 1001 et seq.), as amended.
 12-8                (7)  "Manufacturing" means an establishment primarily
 12-9    engaged in activities described in categories 2011-3999 of the 1987
12-10    Standard Industrial Classification Manual published by the federal
12-11    Office of Management and Budget.
12-12                (8)  "Qualified business" means an establishment
12-13    primarily engaged in agricultural processing, central
12-14    administrative offices, distribution, data processing,
12-15    manufacturing, research and development, or warehousing.
12-16                (9)  "Qualifying job" means a new permanent full-time
12-17    job that:
12-18                      (A)  is located in:
12-19                            (i)  a strategic investment area; or
12-20                            (ii)  a county with a population of less
12-21    than 50,000, if the job is created by a business primarily engaged
12-22    in agricultural processing;
12-23                      (B)  requires at least 1,600 hours of work a
12-24    year;
12-25                      (C)  pays at least 110 percent of the county
12-26    average weekly wage for the county where the job is located;
12-27                      (D)  is covered by a group health benefit plan
 13-1    for which the business pays at least 80 percent of the premiums or
 13-2    other charges assessed under the plan for the employee;
 13-3                      (E)  is not transferred from one area in this
 13-4    state to another area in this state; and
 13-5                      (F)  is not created to replace a previous
 13-6    employee.
 13-7                (10)  "Research and development" means an establishment
 13-8    primarily engaged in activities described in category 8731 of the
 13-9    1987 Standard Industrial Classification Manual published by the
13-10    federal Office of Management and Budget.
13-11                (11)  "Strategic investment area" has the meaning
13-12    assigned that term by Section 171.721.
13-13                (12)  "Warehousing" means an establishment primarily
13-14    engaged in activities described in categories 4221-4226 of the 1987
13-15    Standard Industrial Classification Manual published by the federal
13-16    Office of Management and Budget.
13-17          Sec. 171.752.  ELIGIBILITY.  (a)  A corporation is eligible
13-18    for a credit against the tax imposed under this chapter if the
13-19    corporation:
13-20                (1)  is a qualified business as defined in Section
13-21    171.751;
13-22                (2)  creates a minimum of 10 qualifying jobs; and
13-23                (3)  pays an average weekly wage, for the year in which
13-24    credits are claimed, of at least 110 percent of the county average
13-25    weekly wage for the county where the qualifying jobs are located.
13-26          (b)  A corporation may claim a credit or take a carryforward
13-27    credit without regard to whether the strategic investment area in
 14-1    which it created the qualifying jobs subsequently loses its
 14-2    designation as a strategic investment area, if applicable.
 14-3          Sec. 171.753.  CALCULATION OF CREDIT.  A corporation may
 14-4    establish a credit equal to 25 percent of the total wages and
 14-5    salaries paid by the corporation for qualifying jobs during the
 14-6    period upon which the tax is based.
 14-7          Sec. 171.754.  LENGTH OF CREDIT.  The credit established
 14-8    shall be claimed in five equal installments of one-fifth the credit
 14-9    amount over the five consecutive reports beginning with the report
14-10    based upon the period during which the qualifying jobs were
14-11    created.
14-12          Sec. 171.755.  LIMITATIONS.  (a)  The total credit claimed
14-13    under this subchapter for a report, including the amount of any
14-14    carryforward credit under Section 171.756, may not exceed 50
14-15    percent of the amount of franchise tax due for the report before
14-16    any other applicable tax credits.
14-17          (b)  The total credit claimed under this subchapter and
14-18    Subchapters O and Q for a report, including the amount of any
14-19    carryforward credits, may not exceed the amount of franchise tax
14-20    due for the report after any other applicable credits.
14-21          (c)  A corporation that establishes its eligibility for a
14-22    credit under this subchapter is not eligible to establish a credit
14-23    under Subchapter O.
14-24          Sec. 171.756.  CARRYFORWARD.  (a)  If a corporation is
14-25    eligible for a credit from an installment that exceeds the
14-26    limitations under Section 171.755(a) or (b), the corporation may
14-27    carry the unused credit forward for not more than five consecutive
 15-1    reports.
 15-2          (b)  A carryforward is considered the remaining portion of an
 15-3    installment that cannot be claimed in the current year because of
 15-4    the tax limitation under Section 171.755.  A carryforward is added
 15-5    to the next year's installment of the credit in determining the tax
 15-6    limitation for that year.  A credit carryforward from a previous
 15-7    report is considered to be utilized before the current year
 15-8    installment.
 15-9          Sec. 171.757.  CERTIFICATION OF ELIGIBILITY.  (a)  For the
15-10    initial and each succeeding report in which a credit is claimed
15-11    under this subchapter, the corporation shall file with its report,
15-12    on a form provided by the comptroller, information that
15-13    sufficiently demonstrates that the corporation is eligible for the
15-14    credit and is in compliance with Section 171.752.
15-15          (b)  The burden of establishing entitlement to and the value
15-16    of the credit is on the corporation.
15-17          (c)  If, in one of the five years in which the installment of
15-18    a credit accrues, the number of the corporation's full-time
15-19    employees falls below the number of full-time employees the
15-20    corporation had in the year in which the corporation qualified for
15-21    the credit, the credit expires and the corporation may not take any
15-22    remaining installment of the credit.
15-23          (d)  Notwithstanding Subsection (c), the corporation may,
15-24    however, take the portion of an installment that accrued in a
15-25    previous year and was carried forward to the extent permitted under
15-26    Section 171.756.
15-27          Sec. 171.758.  ASSIGNMENT PROHIBITED.  A corporation may not
 16-1    convey, assign, or transfer the credit allowed under this
 16-2    subchapter to another entity unless all of the assets of the
 16-3    corporation are conveyed, assigned, or transferred in the same
 16-4    transaction.
 16-5          Sec. 171.759.  BIENNIAL REPORT BY COMPTROLLER.  (a)  Before
 16-6    the beginning of each regular session of the legislature, the
 16-7    comptroller shall submit to the governor, the lieutenant governor,
 16-8    and the speaker of the house of representatives a report that
 16-9    states:
16-10                (1)  the total number of jobs created by corporations
16-11    that claim a credit under this subchapter and the average and
16-12    median annual wage of those jobs;
16-13                (2)  the total amount of credits applied against the
16-14    tax under this chapter and the amount of unused credits including:
16-15                      (A)  the total amount of franchise tax due by
16-16    corporations claiming a credit under this subchapter before and
16-17    after the application of the credit;
16-18                      (B)  the average percentage reduction in
16-19    franchise tax due by corporations claiming a credit under this
16-20    subchapter; and
16-21                      (C)  the percentage of tax credits that were
16-22    awarded to corporations with fewer than 100 employees;
16-23                (3)  a breakdown of the two-digit standard industrial
16-24    classification of businesses claiming a credit under this
16-25    subchapter;
16-26                (4)  the geographical distribution of the credits
16-27    claimed under this subchapter; and
 17-1                (5)  the impact of the credit provided under this
 17-2    subchapter on employment, personal income, and capital investment
 17-3    in this state and on state tax revenues.
 17-4          (b)  The final report issued prior to the expiration of this
 17-5    subchapter shall include historical information on the credit
 17-6    authorized under this subchapter.
 17-7          (c)  The comptroller may not include in the report
 17-8    information that is confidential by law.
 17-9          (d)  For purposes of this section, the comptroller may
17-10    require a corporation that claims a credit under this subchapter to
17-11    submit information, on a form provided by the comptroller, on the
17-12    location of the corporation's job creation in this state and any
17-13    other information necessary to complete the report required under
17-14    this section.
17-15          (e)  The comptroller shall provide notice to the members of
17-16    the legislature that the report required under this section is
17-17    available on request.
17-18          Sec. 171.760.  COMPTROLLER POWERS AND DUTIES.  The
17-19    comptroller shall adopt rules and forms necessary to implement this
17-20    subchapter.
17-21          Sec. 171.761.  EXPIRATION.  (a) This subchapter expires
17-22    December 31, 2009.
17-23          (b)  The expiration of this subchapter does not affect the
17-24    carryforward of a credit under Section 171.756 or those credits for
17-25    which a corporation is eligible before the date this subchapter
17-26    expires.
17-27          SECTION 4.  Chapter 171, Tax Code, is amended by adding
 18-1    Subchapter Q to read as follows:
 18-2        SUBCHAPTER Q.  TAX CREDITS FOR CERTAIN CAPITAL INVESTMENTS
 18-3          Sec. 171.801.  DEFINITIONS.  In this subchapter:
 18-4                (1)  "Agricultural processing," "central administrative
 18-5    offices," "county average weekly wage," "data processing,"
 18-6    "distribution," "manufacturing," "qualified business," "research
 18-7    and development," and "warehousing" have the meanings assigned
 18-8    those terms by Section 171.751.
 18-9                (2)  "Project" means a single qualified capital
18-10    investment or a combination of related qualified capital
18-11    investments and may encompass multiple locations, provided the
18-12    locations are functionally related and are not more than 20 miles
18-13    apart.
18-14                (3)  "Qualified capital investment" means the purchase
18-15    or lease of tangible personal property that is first placed in
18-16    service in a strategic investment area, as determined by the
18-17    comptroller under Section 171.726, or is first placed in service in
18-18    a county with a population of less than 50,000 by a corporation
18-19    primarily engaged in agricultural processing, and that is described
18-20    in Section 1245(a), Internal Revenue Code, such as engines,
18-21    machinery, tools, and implements used in a trade or business or
18-22    held for investment and subject to an allowance for depreciation,
18-23    cost recovery under the accelerated cost recovery system, or
18-24    amortization.  The term does not include real property or buildings
18-25    and their structural components.
18-26                (4)  "Strategic investment area" has the meaning
18-27    assigned that term by Section 171.721.
 19-1          Sec. 171.802.  ELIGIBILITY.  (a)  A qualified business is
 19-2    eligible for a credit against the tax imposed under this chapter in
 19-3    the amount and under the conditions and limitations provided by
 19-4    this subchapter.
 19-5          (b)  To qualify for the credit authorized under this
 19-6    subchapter, a qualified business must:
 19-7                (1)  pay an average weekly wage, at the location with
 19-8    respect to which the credit is claimed, that is at least 110
 19-9    percent of the county average weekly wage;
19-10                (2)  cover all the employees at the location with
19-11    respect to which the credit is claimed by a group health benefit
19-12    plan, as defined by Section 171.751, for which the business pays at
19-13    least 80 percent of the premiums or other charges assessed under
19-14    the plan for the employees; and
19-15                (3)  make:
19-16                      (A)  a minimum $500,000 qualified capital
19-17    investment; or
19-18                      (B)  a qualified capital investment on or after
19-19    January 1, 2001, in a project located in this state that exceeds
19-20    $500 million.
19-21          (c)  A corporation may claim a credit or take a carryforward
19-22    credit without regard to whether the strategic investment area in
19-23    which it made the qualified capital investment subsequently loses
19-24    its designation as a strategic investment area, if applicable.
19-25          Sec. 171.803.  CALCULATION OF CREDIT.  A corporation may
19-26    establish a credit equal to 7.5 percent of the qualified capital
19-27    investment.
 20-1          Sec. 171.804.  LENGTH OF CREDIT.  (a)  The credit established
 20-2    shall be claimed in five equal installments of one-fifth the credit
 20-3    amount over the five consecutive reporting periods beginning with
 20-4    the reporting period in which the criteria of Section 171.802(b)
 20-5    are first achieved.
 20-6          (b)  The credit includes all qualified capital investments
 20-7    between the date the criteria of Section 171.802(b) are first
 20-8    achieved and the end of that reporting period.  Credit for
 20-9    qualified capital investments made in subsequent reporting periods
20-10    must also be taken in five equal installments of one-fifth of the
20-11    credit amount over the five consecutive reporting periods beginning
20-12    with the reporting period in which the investment is made.
20-13          Sec. 171.805.  LIMITATIONS.  (a)  The total credit claimed
20-14    under this subchapter for a report, including the amount of any
20-15    carryforward credit under Section 171.806, may not exceed 50
20-16    percent of the amount of franchise tax due for the report before
20-17    any other applicable tax credits.
20-18          (b)  The total credit claimed under this subchapter and
20-19    Subchapters O and P for a report, including the amount of any
20-20    carryforward credits, may not exceed the amount of franchise tax
20-21    due for the report after any other applicable tax credits.
20-22          (c)  A corporation that establishes its eligibility for a
20-23    credit under this subchapter is not eligible to claim a franchise
20-24    tax reduction authorized under Section 171.1015.
20-25          Sec. 171.806.  CARRYFORWARD.  (a)  If a corporation is
20-26    eligible for a credit from an installment that exceeds the
20-27    limitation under Section 171.805(a) or (b), the corporation may
 21-1    carry the unused credit forward for not more than five consecutive
 21-2    reports.
 21-3          (b)  A carryforward is considered the remaining portion of an
 21-4    installment that cannot be claimed in the current year because of
 21-5    the tax limitation under Section 171.805.  A carryforward is added
 21-6    to the next year's installment of the credit in determining the tax
 21-7    limitation for that year.  A credit carryforward from a previous
 21-8    report is considered to be utilized before the current year
 21-9    installment.
21-10          Sec. 171.807.  CERTIFICATION OF ELIGIBILITY.  (a)  For the
21-11    initial and each succeeding report in which a credit is claimed
21-12    under this subchapter, the corporation shall file with its report,
21-13    on a form provided by the comptroller, information that
21-14    sufficiently demonstrates that the corporation is eligible for the
21-15    credit and is in compliance with Section 171.802.
21-16          (b)  The burden of establishing entitlement to and the value
21-17    of the credit is on the qualified business.
21-18          (c)  A credit expires under this subchapter and the
21-19    corporation may not take any remaining installment of the credit if
21-20    in one of the five years in which the installment of a credit
21-21    accrues, the qualified business:
21-22                (1)  disposes of the qualified capital investment;
21-23                (2)  takes the qualified capital investment out of
21-24    service;
21-25                (3)  moves the qualified capital investment out of this
21-26    state; or
21-27                (4)  fails to pay an average weekly wage as required by
 22-1    Section 171.802.
 22-2          (d)  Notwithstanding Subsection (c), the corporation may take
 22-3    the portion of an installment that accrued in a previous year and
 22-4    was carried forward to the extent permitted under Section 171.806.
 22-5          Sec. 171.808.  ASSIGNMENT PROHIBITED.  A corporation may not
 22-6    convey, assign, or transfer the credit allowed under this
 22-7    subchapter to another entity unless all of the assets of the
 22-8    corporation are conveyed, assigned, or transferred in the same
 22-9    transaction.
22-10          Sec. 171.809.  BIENNIAL REPORT BY COMPTROLLER.  (a)  Before
22-11    the beginning of each regular session of the legislature, the
22-12    comptroller shall submit to the governor, the lieutenant governor,
22-13    and the speaker of the house of representatives a report that
22-14    states:
22-15                (1)  the total amount of qualified capital investments
22-16    made by corporations that claim a credit under this subchapter and
22-17    the average and median wages paid by those corporations;
22-18                (2)  the total amount of credits applied against the
22-19    tax under this chapter and the amount of unused credits, including:
22-20                      (A)  the total amount of franchise tax due by
22-21    corporations claiming a credit under this subchapter before and
22-22    after the application of the credit;
22-23                      (B)  the average percentage reduction in
22-24    franchise tax due by corporations claiming a credit under this
22-25    subchapter;
22-26                      (C)  the percentage of tax credits that were
22-27    awarded to corporations with fewer than 100 employees; and
 23-1                      (D)  the two-digit standard industrial
 23-2    classification of corporations claiming a credit under this
 23-3    subchapter;
 23-4                (3)  the geographical distribution of the qualified
 23-5    capital investments on which tax credit claims are made under this
 23-6    subchapter; and
 23-7                (4)  the impact of the credit provided under this
 23-8    subchapter on employment, capital investment, personal income, and
 23-9    state tax revenues.
23-10          (b)  The final report issued before the expiration of this
23-11    subchapter shall include historical information on the credit
23-12    authorized under this subchapter.
23-13          (c)  The comptroller may not include in the report
23-14    information that is confidential by law.
23-15          (d)  For purposes of this section, the comptroller may
23-16    require a corporation that claims a credit under this subchapter to
23-17    submit information, on a form provided by the comptroller, on the
23-18    location of the corporation's capital investment in this state and
23-19    any other information necessary to complete the report required
23-20    under this section.
23-21          (e)  The comptroller shall provide notice to the members of
23-22    the legislature that the report required under this section is
23-23    available on request.
23-24          Sec. 171.810.  COMPTROLLER POWERS AND DUTIES.  The
23-25    comptroller shall adopt rules and forms necessary to implement this
23-26    subchapter.
23-27          Sec. 171.811.  EXPIRATION.  (a)  This subchapter expires
 24-1    December 31, 2009.
 24-2          (b)  The expiration of this subchapter does not affect the
 24-3    carryforward of a credit under Section 171.806 or those credits for
 24-4    which a corporation is eligible before the date this subchapter
 24-5    expires.
 24-6          SECTION 5.  The comptroller may combine the reports required
 24-7    under Subchapters N, O, P, and Q, Chapter 171, Tax Code, as added
 24-8    by this Act, into a single report.
 24-9          SECTION 6.  (a)  This Act takes effect January 1, 2000.
24-10          (b)  The changes in law made by this Act apply only to a
24-11    report originally due on or after January 1, 2000.  A corporation
24-12    may claim a credit under Subchapters N, O, P, and Q, Chapter 171,
24-13    Tax Code, as added by this Act, only for expenses and payments
24-14    incurred, qualified investments made, or new jobs created on or
24-15    after January 1, 2000.
24-16          (c)  Section 171.721(2)(D), Tax Code, as added by this Act,
24-17    expires on September 1, 2003, unless a county qualifying under that
24-18    section has been designated as the site for a spaceport pursuant to
24-19    the relevant provisions of the Development Corporation Act of 1979
24-20    (Article 5190.6, Vernon's Texas Civil Statutes).
24-21          SECTION 7.  The importance of this legislation and the
24-22    crowded condition of the calendars in both houses create an
24-23    emergency and an imperative public necessity that the
24-24    constitutional rule requiring bills to be read on three several
24-25    days in each house be suspended, and this rule is hereby suspended.