By:  Ellis                                            S.B. No. 1689
         2001S0808/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the franchise tax.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 171.052, Tax Code, is amended to read as
 1-5     follows:
 1-6           Sec. 171.052.  CERTAIN CORPORATIONS.  An [A corporation that
 1-7     is an] insurance organization, title insurance company, or title
 1-8     insurance agent authorized to engage in insurance business in this
 1-9     state [company, surety, guaranty, or fidelity company] now required
1-10     to pay [or who pays] an annual tax under Chapter 4 or 9, Insurance
1-11     Code, measured by its [their] gross premium receipts is exempted
1-12     from the franchise tax.  An insurance organization performing
1-13     management or accounting activities in this state on behalf of a
1-14     nonadmitted captive insurance company under Chapter 101, Insurance
1-15     Code, that is required to pay a gross premium receipts tax during a
1-16     tax year is exempted from the franchise tax for that same tax year.
1-17           SECTION 2.  Subsection (e), Section 171.110, Tax Code, is
1-18     amended to read as follows:
1-19           (e)  For purposes of this section, a business loss is any
1-20     negative amount after apportionment and allocation.  The business
1-21     loss shall be carried forward to the year succeeding the loss year
1-22     as a deduction to net taxable earned surplus, then successively to
1-23     the succeeding four taxable years after the loss year or until the
1-24     loss is exhausted, whichever occurs first, but for not more than
1-25     five taxable years after the loss year.  Notwithstanding the
 2-1     preceding sentence, a business loss from a tax year that ends
 2-2     before January 1, 1991, may not be used to reduce net taxable
 2-3     earned surplus.  A business loss can be carried forward only by the
 2-4     corporation that incurred the loss and cannot be transferred to or
 2-5     claimed by any other entity, including the survivor of a merger if
 2-6     the loss was incurred by the corporation that did not survive the
 2-7     merger.
 2-8           SECTION 3.  Subsection (e), Section 171.110, Tax Code, as
 2-9     amended by this Act, is a clarification of existing law and not a
2-10     substantive change in law.
2-11           SECTION 4.  (a)  This Act takes effect September 1, 2001.
2-12           (b)  The change in law made by this Act does not affect taxes
2-13     imposed before the effective date of this Act, and the law in
2-14     effect before the effective date of this Act is continued in effect
2-15     for purposes of the liability for and collection of those taxes.