HBA-LJP H.B. 3350 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3350 By: Keffer Ways & Means 4/5/2001 Introduced BACKGROUND AND PURPOSE Currently, the franchise tax is partially calculated based on a complex definition of officers and directors. Removing this definition and placing a cap on the maximum number of officers and directors whose compensation is used to calculate the tax could ease the administration and calculation of the tax. House Bill 3350 removes the presumption that a person is an officer and provides a limit on the number of officers and directors whose compensation is considered in the calculation of the net taxable earned surplus of a corporation for franchise tax purposes. 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 3350 amends the Tax Code to remove provisions regarding the presumption that a person is an officer and the authorization of a corporation to rebut that presumption for purposes of computing the net taxable earned surplus of a corporation. If the number of officers and directors exceeds 25, the bill requires that only the compensation paid to the 25 officers, executive officers if a bank, or directors with the greatest amount of compensation be added back. The bill modifies the definition of "Internal Revenue Code" to update, from beginning on or after January 1, 1996 and before January 1, 1997 to beginning on or after January 1, 2000 and before January 2001, the federal tax year that the Internal Revenue Code of 1986 is in effect. EFFECTIVE DATE January 1, 2002.