By Solis                                              H.B. No. 2686
         77R6109 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to tax incentives for certain businesses located in
 1-3     enterprise zones, defense readjustment zones, or certain federally
 1-4     designated zones.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 2303.407, Government Code, is amended to
 1-7     read as follows:
 1-8           Sec. 2303.407.  ALLOCATION OF JOBS ELIGIBLE FOR TAX REFUND.
 1-9     When the department designates a business as an enterprise project,
1-10     the department shall allocate to the project the maximum number of
1-11     new permanent jobs or retained jobs eligible to be included in a
1-12     computation of a tax refund for the project.  The number may not
1-13     exceed 250 [625] or a number equal to 110 percent of the number of
1-14     anticipated new permanent jobs or retained jobs specified in the
1-15     application for designation of the business as an enterprise
1-16     project under Section 2303.405, whichever is less.
1-17           SECTION 2. Section 2303.504, Government Code, is amended to
1-18     read as follows:
1-19           Sec. 2303.504.  STATE TAX REFUNDS AND CREDITS [DEDUCTION];
1-20     REPORT.     (a)  Subject to Section 2303.516, an [An] enterprise
1-21     project is entitled to:
1-22                 (1)  a refund of state taxes under Section 151.429, Tax
1-23     Code; and
1-24                 (2)  a franchise tax credit under Subchapter O, P, or
 2-1     Q, Chapter 171 [deduction from taxable capital under  Section
 2-2     171.1015], Tax Code.
 2-3           (b)  Subject to Section 2303.516, a [A] qualified business is
 2-4     entitled to a refund of state taxes under Sections 151.431 and
 2-5     171.501, Tax Code.
 2-6           (c)  Not later than the 60th day after the last day of each
 2-7     fiscal year, the comptroller shall report to the department the
 2-8     statewide total of the tax refunds and credits made under this
 2-9     section during that fiscal year.
2-10           SECTION 3. Subchapter G, Chapter 2303, Government Code, is
2-11     amended by adding Section 2303.516 to read as follows:
2-12           Sec. 2303.516. (a)  The department may monitor a qualified
2-13     business or enterprise project to determine whether and to what
2-14     extent the business or project has followed through on any
2-15     commitments made by it or on its behalf  under this chapter.
2-16           (b)  The department may determine that the business or
2-17     project is not entitled to a refund or credit of state taxes under
2-18     Section 2303.504 if the department finds that:
2-19                 (1)  the business or project is not willing to
2-20     cooperate with the department in providing the department with the
2-21     information the department needs to make the determination under
2-22     Subsection (a); or
2-23                 (2)  the business or project has substantially failed
2-24     to follow through on any commitments made by it or on its behalf
2-25     under this chapter.
2-26           SECTION 4. Section 2310.404, Government Code, is amended to
2-27     read as follows:
 3-1           Sec. 2310.404.  STATE TAX REFUNDS AND CREDITS [DEDUCTION];
 3-2     REPORT. (a)  Subject to Section 2310.413, a [A] defense
 3-3     readjustment project is eligible for:
 3-4                 (1)  a refund of state taxes under Section 151.4291,
 3-5     Tax Code;
 3-6                 (2)  a franchise tax credit under Subchapter O, P, or
 3-7     Q, Chapter 171 [deduction from taxable capital under Section
 3-8     171.1016], Tax Code; and
 3-9                 (3)  the exclusion of receipts from service performed
3-10     in a readjustment zone in the determination of gross receipts from
3-11     business done in this state under Sections 171.103 and 171.1032,
3-12     Tax Code.
3-13           (b)  Not later than the 60th day after the last day of each
3-14     fiscal year, the comptroller shall report to the department the
3-15     statewide total of the tax refunds or credits made under this
3-16     section during that fiscal year.
3-17           SECTION 5. Subchapter F, Chapter 2303, Government Code, is
3-18     amended by adding Section 2310.413 to read as follows:
3-19           Sec. 2310.413. (a)  The department may monitor a defense
3-20     readjustment project to determine whether and to what extent the
3-21     project has followed through on any commitments made by it or on
3-22     its behalf  under this chapter.
3-23           (b)  The department may determine that the defense
3-24     readjustment project is not eligible for state tax refunds and
3-25     credits under Section 2310.404 if the department finds that:
3-26                 (1)  the project is not willing to cooperate with the
3-27     department in providing the department with the information the
 4-1     department needs to make the determination under Subsection (a); or
 4-2                 (2)  the project has substantially failed to follow
 4-3     through on its commitments made by it or on its behalf under this
 4-4     chapter.
 4-5           SECTION 6. Section 301.101, Labor Code, is amended to read as
 4-6     follows:
 4-7           Sec. 301.101.  DEFINITIONS [DEFINITION]. In this subchapter:
 4-8                 (1)  "Enterprise zone" has the meaning assigned by
 4-9     Section 2303.003, Government Code.
4-10                 (2)  "Wages" [, "wages"] has the meaning assigned by
4-11     Sections 51(c)(1), (2), and (3), Internal Revenue Code of 1986 (26
4-12     U.S.C. Section 51).
4-13           SECTION 7. Section 301.103(a), Labor Code, is amended to read
4-14     as follows:
4-15           (a)  The amount of the refund allowed under this subchapter
4-16     is equal to 40 [20] percent of the total wages of each employee, up
4-17     to a maximum refund of $4,000 [$10,000 in wages] for each employee,
4-18     paid or incurred by a person for services rendered by an employee
4-19     of the person during the period beginning with the date the
4-20     employee begins work for the person and ending on the first
4-21     anniversary of that date.
4-22           SECTION 8. Sections 301.104 and 301.105, Labor Code, are
4-23     amended to read as follows:
4-24           Sec. 301.104.  ELIGIBILITY. A person is eligible for the
4-25     refund for wages paid or incurred by the person, during each
4-26     calendar year for which the refund is claimed, only if:
4-27                 (1)  the wages paid or incurred by the person are for
 5-1     services of an employee who is:
 5-2                       (A)  a resident of this state; [and]
 5-3                       (B)  a recipient of financial assistance and
 5-4     services in accordance with Chapter 31, Human Resources Code; and
 5-5                       (C)  performs at least 50 percent of the
 5-6     employee's services for the person in an enterprise zone, federal
 5-7     empowerment zone, or federal enterprise community;
 5-8                 (2)  the person satisfies the certification
 5-9     requirements under Section 301.105; and
5-10                 (3)  the person provides and pays for the benefit of
5-11     the employee a part of the cost of coverage under:
5-12                       (A)  a health plan provided by a health
5-13     maintenance organization established under the Texas Health
5-14     Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
5-15     Code);
5-16                       (B)  a health benefit plan approved by the
5-17     commissioner of insurance; or
5-18                       (C)  a self-funded or self-insured employee
5-19     welfare benefit plan that provides health benefits and is
5-20     established in accordance with the Employee Retirement Income
5-21     Security Act of 1974 (29 U.S.C. 1001 et seq.)
5-22           Sec. 301.105.  CERTIFICATION. A person is not eligible for
5-23     the refund for wages paid or incurred by the person unless the
5-24     person has received a written certification from the commission
5-25     that the employee:
5-26                 (1)  is a recipient of financial assistance and
5-27     services on or before the day the employee begins employment with
 6-1     the person; and
 6-2                 (2)  performs at least 50 percent of the employee's
 6-3     services for the person in an enterprise zone, federal empowerment
 6-4     zone, or federal enterprise community.
 6-5           SECTION 9. Sections 151.429(a) and (b), Tax Code, are amended
 6-6     to read as follows:
 6-7           (a)  An enterprise project is eligible for a refund in the
 6-8     amount provided by this section of the taxes imposed by this
 6-9     chapter on purchases of:
6-10                 (1)  equipment or machinery sold to an enterprise
6-11     project for use in an enterprise zone;
6-12                 (2)  building materials sold to an enterprise project
6-13     for use in remodeling, rehabilitating, or constructing a structure
6-14     in an enterprise zone;
6-15                 (3)  labor for remodeling, rehabilitating, or
6-16     constructing a structure by an enterprise project in an enterprise
6-17     zone; [and]
6-18                 (4)  electricity and natural gas purchased and consumed
6-19     in the normal course of business in the enterprise zone;
6-20                 (5)  tangible personal property purchased and consumed
6-21     in the normal course of business in the enterprise zone; and
6-22                 (6)  taxable services.
6-23           (b)  Subject to the limitations provided by Subsection (c) of
6-24     this section, an enterprise project qualifies for a refund of taxes
6-25     under this section of $5,000 [$2,000] for each new permanent job or
6-26     job that has been retained by the enterprise project for a
6-27     qualified employee.
 7-1           SECTION 10. Section 151.4291(a), Tax Code, is amended to read
 7-2     as follows:
 7-3           (a)  A defense readjustment project is eligible for a refund
 7-4     in the amount provided by this section of the taxes imposed by this
 7-5     chapter on purchases of:
 7-6                 (1)  equipment or machinery sold to a defense
 7-7     readjustment project for use in a readjustment zone;
 7-8                 (2)  building materials sold to a defense readjustment
 7-9     project for use in remodeling, rehabilitating, or constructing a
7-10     structure in a readjustment zone;
7-11                 (3)  labor for remodeling, rehabilitating, or
7-12     constructing a structure by a defense readjustment project in a
7-13     readjustment zone; [and]
7-14                 (4)  electricity and natural gas purchased and consumed
7-15     in the normal course of business in the readjustment zone;
7-16                 (5)  tangible personal property purchased and consumed
7-17     in the normal course of business in the readjustment zone; and
7-18                 (6)  taxable services.
7-19           SECTION 11. Section 171.721, Tax Code, is amended by adding
7-20     Subdivisions (3)-(6) to read as follows:
7-21                 (3)  "Defense readjustment project" means a person
7-22     designated by the Texas Department of Economic Development as a
7-23     defense readjustment project under Chapter 2310, Government Code.
7-24                 (4)  "Enterprise project" means a  person designated by
7-25     the Texas Department of Economic Development as an enterprise
7-26     project under Chapter 2303, Government Code.
7-27                 (5)  "Enterprise zone" has the meaning assigned that
 8-1     term by Section 2303.003, Government Code.
 8-2                 (6)  "Readjustment zone" has the meaning assigned that
 8-3     term by Section 2310.001, Government Code.
 8-4           SECTION 12. Section 171.722(b), Tax Code, is amended to read
 8-5     as follows:
 8-6           (b)  A corporation may claim a credit under Section
 8-7     171.723(d) or take a carryforward credit without regard to whether
 8-8     the strategic investment area, enterprise zone, or readjustment
 8-9     zone in which it made qualified research expenses and basic
8-10     research payments subsequently loses its designation as a strategic
8-11     investment area, enterprise zone, or readjustment area.
8-12           SECTION 13. Section 171.723(d), Tax Code, is amended to read
8-13     as follows:
8-14           (d)  In computing the credit under this section, a
8-15     corporation may multiply by two the amount of any qualified
8-16     research expenses and basic research payments made in a strategic
8-17     investment area.  A corporation that is an enterprise project or
8-18     defense readjustment project may multiply by two the amount of any
8-19     qualified research expenses and basic research payments made in an
8-20     enterprise zone or a readjustment zone.  A corporation may not
8-21     multiply expenses and payments more than once under this
8-22     subsection.
8-23           SECTION 14. Sections 171.751(9) and (11), Tax Code, are
8-24     amended to read as follows:
8-25                 (9)  "Qualifying job" means a new permanent full-time
8-26     job that:
8-27                       (A)  is located in:
 9-1                             (i)  a strategic investment area; [or]
 9-2                             (ii)  a county within this state with a
 9-3     population of less than 50,000, if the job is created by a business
 9-4     primarily engaged in agricultural processing; or
 9-5                             (iii)  an enterprise zone or a readjustment
 9-6     zone, if the job is created by a qualified business that has been
 9-7     designated as an enterprise project or defense readjustment
 9-8     project, respectively;
 9-9                       (B)  requires at least 1,600 hours of work a
9-10     year;
9-11                       (C)  pays at least 110 percent of the county
9-12     average weekly wage for the county where the job is located;
9-13                       (D)  is covered by a group health benefit plan
9-14     for which the business pays at least 80 percent of the premiums or
9-15     other charges assessed under the plan for the employee;
9-16                       (E)  is not transferred from one area in this
9-17     state to another area in this state; and
9-18                       (F)  is not created to replace a previous
9-19     employee.
9-20                 (11)  "Defense readjustment project," "enterprise
9-21     project," "enterprise zone," "readjustment zone," and "strategic
9-22     ["Strategic] investment area" have the meanings [has the meaning]
9-23     assigned those terms [that term] by Section 171.721.
9-24           SECTION 15. Section 171.752(b), Tax Code, is amended to read
9-25     as follows:
9-26           (b)  A corporation may claim a credit or take a carryforward
9-27     credit without regard to whether the strategic investment area,
 10-1    enterprise zone, or readjustment zone in which it created the
 10-2    qualifying jobs subsequently loses its designation as a strategic
 10-3    investment area, enterprise zone, or readjustment zone, if
 10-4    applicable.
 10-5          SECTION 16. Section 171.754, Tax Code, is amended to read as
 10-6    follows:
 10-7          Sec. 171.754.  LENGTH OF CREDIT. (a)  Except as provided by
 10-8    Subsection (b), the [The] credit established shall be claimed in
 10-9    five equal installments of one-fifth the credit amount over the
10-10    five consecutive reports beginning with the report based upon the
10-11    period during which the qualifying jobs were created.
10-12          (b)  Subject to Section 171.755, a corporation that has been
10-13    designated as an enterprise project or as a defense readjustment
10-14    project may claim the entire credit earned during an accounting
10-15    period against the taxes imposed for the corresponding reporting
10-16    period.
10-17          SECTION 17. Sections 171.801(2) and (3), Tax Code, are
10-18    amended to read as follows:
10-19                (2)  "Qualified capital investment" means tangible
10-20    personal property first placed in service in a strategic investment
10-21    area, [or] first placed in service in a county with a population of
10-22    less than 50,000 by a corporation primarily engaged in agricultural
10-23    processing, or first placed in service in an enterprise zone or
10-24    defense readjustment zone by a qualified business that has been
10-25    designated as an enterprise project or readjustment project,
10-26    respectively, and that is described in Section 1245(a), Internal
10-27    Revenue Code, such as engines, machinery, tools, and implements
 11-1    used in a trade or business or held for investment and subject to
 11-2    an allowance for depreciation, cost recovery under the accelerated
 11-3    cost recovery system, or amortization.  The term does not include
 11-4    real property or buildings and their structural components.
 11-5    Property that is leased under a capitalized lease is considered a
 11-6    "qualified capital investment," but property that is leased under
 11-7    an operating lease is not considered a "qualified capital
 11-8    investment."  Property expensed under Section 179, Internal Revenue
 11-9    Code, is not considered a "qualified capital investment."
11-10                (3)  "Defense readjustment project," "enterprise
11-11    project," "enterprise zone," "readjustment zone," and "strategic
11-12    ["Strategic] investment area" have the meanings [has the meaning]
11-13    assigned those terms [that term] by Section 171.721.
11-14          SECTION 18. Section 171.802(c), Tax Code, is amended to read
11-15    as follows:
11-16          (c)  A corporation may claim a credit or take a carryforward
11-17    credit without regard to whether the strategic investment area,
11-18    enterprise zone, or readjustment zone in which it made the
11-19    qualified capital investment subsequently loses its designation as
11-20    a strategic investment area, enterprise zone, or readjustment zone,
11-21    if applicable.
11-22          SECTION 19. Section 171.804, Tax Code, is amended to read as
11-23    follows:
11-24          Sec. 171.804.  LENGTH OF CREDIT. (a)  Except as provided by
11-25    Subsection (b), the [The] credit established shall be claimed in
11-26    five equal installments of one-fifth the credit amount over the
11-27    five consecutive reports beginning with the report based upon the
 12-1    period during which the qualified capital investment was made.
 12-2          (b)  Subject to Section 171.805, a corporation that has been
 12-3    designated as an enterprise project or as a defense readjustment
 12-4    project may claim the entire credit earned during an accounting
 12-5    period against the taxes imposed for the corresponding reporting
 12-6    period.
 12-7          SECTION 20. Sections 171.1015, 171.1016, and 171.805(c), Tax
 12-8    Code, are repealed.
 12-9          SECTION 21. (a)  Except as provided by Subsection (b) of this
12-10    section, this Act takes effect September 1, 2001.  Sections 6, 7,
12-11    and 8 of this Act apply to wages paid on or after the effective
12-12    date of this Act. Wages paid before the effective date of this Act
12-13    are governed by the law in effect when the wages were paid and that
12-14    law is continued in effect for that purpose.
12-15          (b)  Sections 11-20 of this Act take effect January 1, 2002,
12-16    and apply to a report originally due on or after that date.
12-17          (c)  The change in law made by this Act does not affect taxes
12-18    imposed before the effective date of this Act, and the former law
12-19    is continued in effect for purposes of the liability for and
12-20    collection of those taxes.