HBA-LJP, EDN H.B. 87 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 87 By: King, Phil Ways & Means 3/15/2001 Introduced BACKGROUND AND PURPOSE Under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, certain welfare recipients must work after receiving assistance for two years. Many people in below poverty level households are without a vehicle, so transportation becomes a potential barrier for people trying to make the transition from financial assistance to self sufficiency. House Bill 87 provides a tax credit to private businesses that provide transportation to a person who is a recipient of certain state financial aid. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 87 authorizes a corporation to claim a tax credit for an expenditure made toward the cost of transportation services provided to a person who is a recipient of either financial or nutritional assistance for the support of dependent children and a participant in a work or employment activity for recipients of financial assistance and services or the food stamp employment and training program. The eligible transportation services include services to and from the location of the work, employment, or training activity or program or for the provider of any child care services necessary for a person to participate in the work, employment, or training activity or program. A corporation is authorized to claim a tax credit regardless of whether the corporation provides or pays for the transportation services directly or donates money to a nonprofit entity that uses the money only to provide or pay for the transportation services. The bill prohibits the total credit for a report from exceeding 50 percent of the amount of net franchise tax due for the privilege period after any other applicable tax credits. The bill authorizes a corporation to claim a credit for an expenditure made during an accounting period only against the tax owed for the corresponding reporting period. A corporation must apply for a credit on or with the tax report for the period for which the credit is claimed and include with the application a copy of a written certification from the Texas Workforce Commission that the person receiving the transportation services is a recipient of either financial or nutritional assistance for the support of dependent children and a participant in a work or employment activity or the food stamp employment and training program. The bill requires the comptroller of public accounts to adopt a form for the application for credit that a corporation uses when applying for the credit. Additionally, the bill prohibits a corporation from conveying, assigning, or transferring the credit allowed to another entity unless all of the assets of the corporation are conveyed, assigned, or transferred in the same transaction. EFFECTIVE DATE January 1, 2002.