SRC-TJG S.B. 1491 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1491
By: Madla
Finance
3/25/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas has no initiatives that have direct state involvement or
investment in venture funding.  As proposed, S.B. 1491 creates a certain
venture capital investment plan and grants a franchise tax credit for
certain investors that provide venture capital financing. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the comptroller of public
accounts of the State of Texas in SECTION 1 (Section 483.056, Government
Code) and in SECTION 2 (Section 171.907, Tax Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4F, Government Code, by adding Chapter 483, as
follows: 

CHAPTER 483.  VENTURE CAPITAL INVESTMENT

SUBCHAPTER A.  GENERAL PROVISIONS 

Sec. 483.001.  DEFINITIONS.  Defines "business entity," "committee,"
"comptroller," "designated investor," "equity capital," "fund,"
"investor," and "near equity capital." 

Sec. 483.002.  APPLICABILITY.  Provides that this chapter applies only to
a designated investor. 

[Reserves Sections 483.003-483.050 for expansion.]

SUBCHAPTER B.  VENTURE CAPITAL INVESTMENT

Sec. 483.051.  VENTURE CAPITAL INVESTMENT PLAN.  (a) Authorizes an
investor, in accordance with rules adopted by the comptroller under
Section 483.056, to develop and submit to the comptroller a venture
capital investment plan. 

(b) Requires the plan to state in detail the manner in which certain
actions will take place. 

(c) Requires the plan to include certain information.

Sec. 483.052.  SELECTION OF DESIGNATED INVESTOR.  Requires the comptroller
to solicit venture capital investment plans for investors and to select
one designated investor based on certain criteria. 

Sec. 483.053.  FUND.  Requires the designated investor to raise
commitments of up to $200 million to capitalize a private revolving fund
established by the designated investor as provided by the plan and
comptroller rules.  Requires the designated investor to invest money in
the fund in venture capital partnerships or other business investment
entities in accordance with the plan. 

 Sec. 483.054.  ANNUAL REPORT.  (a) Requires the designated investor,
during each year of operation of the plan, to prepare a report that
includes certain information. 

(b) Requires the designated investor to submit the annual report to
certain individuals. 

Sec. 483.055.  TAX CREDIT.  Requires the comptroller, for the designated
investor to be eligible for a credit under Chapter 171V, Tax Code (Tax
Credit for Venture Capital Investment), to certify that the designated
investor incurred a loss for a reporting period of an amount equal to the
unrealized anticipated returns of capital and returns on capital for that
reporting period on investments made by the fund. 

Sec. 483.056.  RULEMAKING AUTHORITY.  Requires the comptroller to adopt
policies and rules as necessary to implement this chapter, including
policies and rules that meet certain conditions. 

SECTION 2.  Amends Chapter 171, Tax Code, by adding Subchapter V, as
follows: 

SUBCHAPTER V.  TAX CREDIT FOR VENTURE CAPITAL INVESTMENT

Sec. 171.901.  DEFINITIONS.  Defines "venture capital investment."

Sec. 171.902.  APPLICATION OF SUBCHAPTER.  Provides that this subchapter
applies only to a designated investor that has incurred a loss certified
by the comptroller under Section 843, Government Code (Venture Capital
Investment), and any corporation to which credits are transferred. 

Sec. 171.903.  CREDIT.  (a) Provides that a designated investor that meets
the eligibility requirements under this subchapter is entitled to a credit
in the amount allowed by this subchapter against the tax imposed under
this chapter. 

(b) Provides that, subject to Section 171.851, the amount of the credit is
equal to the loss certified under Chapter 483, Government Code (Venture
Capital Investment), for that reporting period and any carryforward credit
under Section 171.904. 

(c) Provides that the credit allowed or transferred pursuant to this
section, upon election by a recipient or transferee at utilization, will
be treated as a payment or prepayment in lieu of tax imposed under this
chapter. 

(d) Provides that the credits allowed or transferred pursuant to this
section shall not be considered securities under Texas statutes. 

Sec. 171.904.  CARRYFORWARD.  Authorizes the corporation to carry the
unused credit forward for not more than five consecutive reports, if a
corporation is eligible for a credit that exceeds the amount of tax due
for the report. 

Sec. 171.905.  APPLICATION FOR CREDIT.  (a) Requires a designated investor
or a corporation to apply for a credit under this subchapter on or with
the tax report for the period for which the credit is claimed. 

(b) Requires the comptroller to adopt a form for the application for the
credit. Requires a designated investor or a corporation to use the form in
applying for the credit. 

Sec. 171.906.  SALE OF UNUSED CREDIT.  (a) Authorizes a designated
investor or a corporation that has an unused credit or anticipates having
an unused credit under this subchapter to apply to the comptroller to sell
the credit to another corporation. 

 (b) Requires the comptroller to review applications under this section
and to approve the sale or purchase of an unused credit under this
subchapter unless the comptroller determines that the credit is not being
purchased for money in an amount equal to at least 95 percent of its
value. 

Sec. 171.907.  RULES.  Requires the comptroller to adopt rules necessary
to implement this subchapter. 

SECTION 3.  (a) Effective date: upon passage or September 1, 2003.

(b) Authorizes a designated investor or corporation to claim a credit
under Chapter 171V, Tax Code, as added by this Act, only for a certified
loss incurred on or after January 1, 2007. 

(c) Requires the comptroller or any successor to the comptroller's duties
to adopt rules under Chapter 483, Government Code, as added by this Act,
not later than October 1, 2004. 

(d) Requires the comptroller or any successor to the comptroller's duties
to solicit venture capital investment plans from investors as required by
Section 483.052, Government Code, as added by this Act, before November 1,
2004.  Requires the comptroller or any successor to the comptroller's
duties to select a designated investor as required by Section 483.052,
Government Code, as added by this Act, not later than February 1, 2005.