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78R6166 CBH-D

By:  Shapleigh                                                    S.B. No. 1032


A BILL TO BE ENTITLED
AN ACT
relating to a refund of state sales and use taxes for certain companies that provide group health benefit plans to their employees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter I, Chapter 151, Tax Code, is amended by adding Section 151.433 to read as follows: Sec. 151.433. TAX REFUNDS FOR SMALL BUSINESSES THAT PROVIDE GROUP HEALTH BENEFIT PLANS. (a) In this section: (1) "Full-time employee" means an employee in a permanent position who is required to work at least 1,600 hours a year. (2) "Group health benefit plan" has the meaning assigned by Section 171.751. (b) This section applies only to a business that: (1) has 100 or fewer employees; (2) begins to offer a group health benefit plan to full-time employees on or after September 1, 2003; and (3) offers to pay at least 80 percent of the premiums or other charges assessed for employee-only coverage under the plan, regardless of whether an employee may voluntarily waive the coverage. (c) A business described by Subsection (b) is entitled to a refund in the amount allowed by this section of the taxes imposed by this chapter in a calendar year. (d) The amount of the refund a business may claim for a calendar year is equal to the lesser of: (1) the amount of tax the business paid under this chapter during that calendar year; or (2) an amount equal to $400 for each full-time employee. (e) A business must apply to the comptroller for a refund under this section before or during the calendar year after the year for which the business is entitled to a refund. SECTION 2. This Act takes effect September 1, 2003.