By Staples                                             S.B. No. 715
         77R817 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a franchise tax credit for expenditures made toward the
 1-3     cost of transportation provided to certain welfare recipients.
 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 S to read as follows:
 1-7        SUBCHAPTER S.  TAX CREDIT FOR EXPENDITURES FOR TRANSPORTATION
 1-8               SERVICES PROVIDED TO CERTAIN WELFARE RECIPIENTS
 1-9           Sec. 171.851.  ELIGIBILITY. A corporation is eligible for a
1-10     credit against the tax imposed under this chapter in the amount and
1-11     under the conditions and limitations provided by this subchapter.
1-12           Sec. 171.852.  CREDIT FOR COST OF TRANSPORTATION SERVICES.
1-13     (a)  A corporation may claim a credit under this subchapter only
1-14     for an expenditure made toward the cost of transportation services
1-15     described by Subsection (b) provided to a person who:
1-16                 (1)  is a recipient of:
1-17                       (A)  financial assistance under Chapter 31, Human
1-18     Resources Code; or
1-19                       (B)  nutritional assistance under Chapter 33,
1-20     Human Resources Code; and
1-21                 (2)  is participating in:
1-22                       (A)  a work or employment activity under Chapter
1-23     31, Human Resources Code; or
1-24                       (B)  the food stamp employment and training
 2-1     program.
 2-2           (b)  A corporation may claim a credit under this subchapter
 2-3     only for expenditures made toward the cost of transportation
 2-4     services to and from the location of the:
 2-5                 (1)  work, employment, or training activity or program;
 2-6     or
 2-7                 (2)  provider of any child care services necessary for
 2-8     a person described by Subsection (a) to participate in the work,
 2-9     employment, or training activity or program.
2-10           (c)  A corporation may claim a credit under this subchapter
2-11     regardless of whether the corporation:
2-12                 (1)  provides or pays for the transportation services
2-13     directly; or
2-14                 (2)  donates money to a nonprofit entity that uses the
2-15     money only to provide or pay for the transportation services.
2-16           Sec. 171.853.  LIMITATIONS. (a)  The total credit under this
2-17     subchapter for a report may not exceed 50 percent of the amount of
2-18     net franchise tax due for the privilege period after any other
2-19     applicable tax credits.
2-20           (b)  A corporation may claim a credit under this subchapter
2-21     for an expenditure made during an accounting period only against
2-22     the tax owed for the corresponding reporting period.
2-23           Sec. 171.854.  APPLICATION FOR CREDIT. (a)  A corporation
2-24     must apply for a credit under this subchapter on or with the tax
2-25     report for the period for which the credit is claimed.
2-26           (b)  The corporation must include with the application a copy
2-27     of a written certification from the Texas Workforce Commission that
 3-1     the person receiving the transportation services is a person
 3-2     described by Section 171.852(a).
 3-3           (c)  The comptroller shall adopt a form for the application
 3-4     for the credit.  A corporation must use this form in applying for
 3-5     the credit.
 3-6           Sec. 171.855.  ASSIGNMENT PROHIBITED. A corporation may not
 3-7     convey, assign, or transfer the credit allowed under this
 3-8     subchapter to another entity unless all of the assets of the
 3-9     corporation are conveyed, assigned, or transferred in the same
3-10     transaction.
3-11           SECTION 2. (a)  This Act takes effect January 1, 2002, and
3-12     applies only to a report due on or after that date.
3-13           (b)  A corporation may claim a credit under Subchapter S,
3-14     Chapter 171, Tax Code, as added by this Act, only for an
3-15     expenditure made on or after January 1, 2002.