By West S.B. No. 1453
76R6696 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a franchise tax credit that allows a parent to
1-3 volunteer at a child's school without loss of compensation.
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 OF ALLOWING PARENT TO VOLUNTEER
1-8 AT PUBLIC SCHOOL
1-9 Sec. 171.701. DEFINITION. In this section, "public school"
1-10 means a public elementary or secondary school, including an
1-11 open-enrollment charter school, a home-rule school district
1-12 school, and a school with a campus or campus program charter.
1-13 Sec. 171.702. CREDIT. A corporation that meets the
1-14 eligibility requirements under this subchapter is entitled to a
1-15 credit in the amount allowed by this subchapter against the tax
1-16 imposed under this chapter.
1-17 Sec. 171.703. CREDIT OF ALLOWING PARENT TO VOLUNTEER AT
1-18 PUBLIC SCHOOL. (a) A corporation may claim a credit under this
1-19 subchapter for wages paid or incurred by the corporation for an
1-20 employee who:
1-21 (1) performs during the workday volunteer services for
1-22 at least two days a semester at a public school attended by a child
1-23 of the employee;
1-24 (2) does not have accrued vacation leave, sick leave,
2-1 or other leave that the employee can use for that time; and
2-2 (3) the corporation allows to perform the volunteer
2-3 services without loss of compensation.
2-4 (b) The amount of the credit is equal to 50 percent of the
2-5 wages paid or incurred by the corporation for the employee for the
2-6 days on which the employee performs the volunteer services
2-7 described by Subsection (a).
2-8 Sec. 171.704. APPLICATION FOR CREDIT. (a) A corporation
2-9 must apply for a credit under this subchapter on or with the tax
2-10 report for the period for which the credit is claimed.
2-11 (b) The comptroller shall adopt a form for the application
2-12 for the credit. A corporation must use this form in applying for
2-13 the credit.
2-14 Sec. 171.705. PERIOD FOR WHICH CREDIT MAY BE CLAIMED. (a)
2-15 A corporation may claim a credit under this subchapter for wages
2-16 paid or incurred during an accounting period only against the tax
2-17 owed for the corresponding reporting period.
2-18 (b) A corporation may not claim a credit in an amount that
2-19 exceeds the amount of tax due for the report.
2-20 Sec. 171.706. ASSIGNMENT PROHIBITED. A corporation may not
2-21 convey, assign, or transfer the credit allowed under this
2-22 subchapter to another entity unless all of the assets of the
2-23 corporation are conveyed, assigned, or transferred in the same
2-24 transaction.
2-25 SECTION 2. This Act takes effect January 1, 2000. A
2-26 corporation may claim a credit under Subchapter N, Chapter 171, Tax
2-27 Code, as added by this Act, only for wages paid or incurred on or
3-1 after that date.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.