By Shapiro S.B. No. 1200
77R7931 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a franchise tax credit for contributions to
1-3 organizations assisting educationally disadvantaged children.
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 CONTRIBUTIONS TO ORGANIZATIONS
1-8 ASSISTING EDUCATIONALLY DISADVANTAGED CHILDREN
1-9 Sec. 171.851. DEFINITION. In this subchapter, "at-risk
1-10 child" means:
1-11 (1) a student at risk of dropping out of school as
1-12 defined by Section 29.081, Education Code; or
1-13 (2) a child who is eligible for the national school
1-14 lunch program of free or reduced-price lunches.
1-15 Sec. 171.852. ELIGIBILITY. A corporation is eligible for a
1-16 credit against the tax imposed under this chapter in the amount and
1-17 under the conditions and limitations provided by this subchapter.
1-18 Sec. 171.853. CREDIT FOR CONTRIBUTIONS. A corporation may
1-19 claim a credit under this subchapter only for a contribution to an
1-20 organization that:
1-21 (1) is a nonprofit corporation organized for
1-22 educational purposes to aid community colleges and other schools in
1-23 meeting the needs of at-risk children;
1-24 (2) is exempt from the tax imposed under this chapter;
2-1 and
2-2 (3) spends 80 percent or more of its funds for direct
2-3 assistance for at-risk children.
2-4 Sec. 171.854. LIMITATION. (a) The total credit claimed
2-5 under this subchapter for a period may not exceed 25 percent of the
2-6 amount of franchise tax due for the report after any other
2-7 applicable tax credits.
2-8 (b) A corporation may claim a credit under this subchapter
2-9 for a contribution made during an accounting period only against
2-10 the tax owed for the corresponding reporting period.
2-11 Sec. 171.855. APPLICATION FOR CREDIT. (a) A corporation
2-12 must apply for a credit under this subchapter on or with the tax
2-13 report for the period for which the credit is claimed.
2-14 (b) The comptroller shall adopt a form for the application
2-15 for the credit. A corporation must use this form in applying for
2-16 the credit.
2-17 Sec. 171.856. ASSIGNMENT PROHIBITED. A corporation may not
2-18 convey, assign, or transfer the credit allowed under this
2-19 subchapter to another entity unless all of the assets of the
2-20 corporation are conveyed, assigned, or transferred in the same
2-21 transaction.
2-22 SECTION 2. (a) This Act takes effect January 1, 2002, and
2-23 applies only to a report due on or after that date.
2-24 (b) A corporation may claim a credit under Subchapter S,
2-25 Chapter 171, Tax Code, as added by this Act, only for a
2-26 contribution made on or after January 1, 2002.