Amend CSHB 3 as follows:
(1) Strike SECTION 1.01 of the bill and substitute the
following:
SECTION 1.01. Section 45.003, Education Code, is amended by
amending Subsection (d) and adding Subsections (d-1), (d-2), and
(e) to read as follows:
(d) A proposition submitted to authorize the levy of
maintenance taxes must include the question of whether the
governing board or commissioners court may levy, assess, and
collect annual ad valorem taxes for the further maintenance of
public schools, at a rate not to exceed the rate stated in the
proposition, which may be not more than the sum of:
(1) $1.10 [$1.50] on the $100 valuation of taxable
property in the district; and
(2) $0.15 on the $100 valuation of taxable property in
the district for enrichment, as authorized by an election as
provided by Chapter 42[, stated in the proposition].
(d-1) Notwithstanding Subsection (d), for the following tax
years, a proposition submitted to authorize the levy of maintenance
taxes must include the question of whether the governing board or
commissioners court may levy, assess, and collect annual ad valorem
taxes for the further maintenance of public schools, at a rate not
to exceed the rate stated in the proposition, which may be not more
than the sum of:
(1) for the 2005 tax year:
(A) $1.30 on the $100 valuation of taxable
property in the district; and
(B) $0.15 on the $100 valuation of taxable
property in the district for enrichment, as authorized by an
election as provided by Chapter 42; and
(2) for the 2006 tax year:
(A) $1.25 on the $100 valuation of taxable
property in the district; and
(B) $0.15 on the $100 valuation of taxable
property in the district for enrichment, as authorized by an
election as provided by Chapter 42.
(d-2) Subsection (d-1) and this subsection expire January
1, 2007.
(e) An election held before January 1, 2005, authorizing a
maintenance tax at a rate of at least $1.30 on the $100 valuation of
taxable property in the district is sufficient to authorize a rate
of $1.30 or less for the 2005 tax year. An election held before
January 1, 2006, authorizing a maintenance tax at a rate of at least
$1.25 on the $100 valuation of taxable property in the district is
sufficient to authorize a rate of $1.25 or less for the 2006 tax
year. An election held before January 1, 2007, authorizing a
maintenance tax at a rate of at least $1.10 on the $100 valuation of
taxable property in the district is sufficient to authorize a rate
of $1.10 or less for the 2007 and subsequent tax years.
(2) Strike PART E of ARTICLE 2 of the bill (committee
printing page 8, line 45, through page 27, line 47) and substitute
the following:
PART E. REPEAL OF THE FRANCHISE TAX
SECTION 2E.01. Chapter 171, Tax Code, is repealed effective
January 1, 2008.
(3) On page 32, line 4 of the bill, strike "2007" and
substitute "2006".
(4) Strike ARTICLE 5 of the bill (committee printing page
33, lines 30 through 58) and substitute the following:
ARTICLE 5. BUSINESS TAX REVIEW COMMISSION
SECTION 5.01. (a) The business tax review commission is
composed of:
(1) five public members appointed by the governor;
(2) two public members and three members of the senate
appointed by the lieutenant governor; and
(3) two public members and three members of the house
of representatives appointed by the speaker of the house of
representatives.
(b) The governor, lieutenant governor, and speaker of the
house of representatives shall jointly select the chairman from
among the members.
(c) The commission shall examine all aspects of the taxation
of business in this state and shall recommend to the 80th
Legislature a business tax structure that provides equity among
businesses and among industries, promotes economic competitiveness
with other states, and is fairly related to the benefits,
opportunities, and protections provided to businesses by the state.
(d) The commission shall report its findings and
recommendations to the 80th Legislature on or before January 9,
2007.
(e) On request of the commission, the legislative budget
board, the legislative council, the governor's office, the senate,
and the house of representatives shall provide staff and other
resources necessary to carry out the duties of the commission.
(f) On request of the commission, the comptroller of public
accounts shall provide information and assistance to the
commission.
(g) The commission may issue a subpoena or other process to
a witnesses at any place in this state, compel the attendance of the
witness, and compel the production of a book, record, document or
instrument that the commission requires. If necessary to obtain
compliance with a subpoena or other process, the commission may
issue a writ of attachment. A subpoena or other process issued by
the commission may be addressed to and served by any peace officer
of this state or any of its political subdivisions. The chairman
shall issue, in the name of the commission, a subpoena or other
process as the commission directs. If the chairman is absent, the
vice-chairman or any designee of the chairman may issue a subpoena
or process in the same manner as the chairman. A witness attending
proceedings of the commission under process is entitled to the same
mileage and per diem as a witness before a grand jury in this state.
The testimony given at any hearing conducted under this article
shall be given under oath subject to the penalties of perjury. If a
person disobeys a lawfully issued subpoena or other process, the
commission may cite the person for contempt and cause the person to
be prosecuted for contempt according to the procedure prescribed by
Chapter 301, Government Code, or by other law.
(h) This section expires September 1, 2007.
(5) Add the following new ARTICLE, appropriately numbered,
to read as follows:
ARTICLE __. PROFESSIONAL FEES
PART A. TEMPORARY INCREASE IN PROFESSIONAL FEES
SECTION __A.01. Section 153.053, Occupations Code, is
amended to read as follows:
Sec. 153.053. SURCHARGE FOR CERTAIN FEES. (a) The board
shall collect a fee surcharge as follows:
(1) $400 [$200] for the license fee;
(2) $800 [$400] for the first registration permit;
(3) $800 [$400] for renewal of a registration permit;
and
(4) $400 [$200] for reinstatement of a license after
cancellation for cause.
(b) Of each surcharge collected under Subsections (a)(1)
and (4), the board shall deposit $100 [$50] to the credit of the
foundation school fund and $300 [$150] to the credit of the general
revenue fund.
(c) Of each surcharge collected under Subsections (a)(2)
and (3), the board shall deposit $200 [$100] to the credit of the
foundation school fund and $600 [$300] to the credit of the general
revenue fund.
SECTION __A.02. Sections 201.153(b) and (c), Occupations
Code, are amended to read as follows:
(b) Each of the following fees imposed under Subsection (a)
is increased by $400 [$200]:
(1) the fee for an annual renewal of a license;
(2) the fee for issuance of a license to an
out-of-state applicant;
(3) the fee for an examination; and
(4) the fee for a reexamination.
(c) For each $400 [$200] fee increase collected under
Subsection (b), $100 [$50] shall be deposited in the foundation
school fund and $300 [$150] shall be deposited in the general
revenue fund.
SECTION __A.03. Section 254.004(b), Occupations Code, is
amended to read as follows:
(b) The amount of the dental application fee and dentist
annual renewal fee is the amount set by the board under Subsection
(a) and an additional charge of $400 [$200]. Of each fee increase
collected under this subsection, $100 [$50] shall be deposited to
the credit of the foundation school fund and $300 [$150] shall be
deposited to the credit of the general revenue fund.
SECTION __A.04. Sections 351.153(a) and (b), Occupations
Code, are amended to read as follows:
(a) The fee for the issuance of a license under this chapter
and the fee for the renewal of a license under this chapter are the
amounts of those fees set by the board under Section 351.152 and an
additional fee of $400 [$200].
(b) Of each additional fee collected, $100 [$50] shall be
deposited in the foundation school fund and $300 [$150] shall be
deposited in the general revenue fund.
SECTION __A.05. Sections 501.153(a) and (b), Occupations
Code, are amended to read as follows:
(a) The amount of the following fees is the amount set by the
board under Section 501.152 and an additional charge of $400
[$200]:
(1) the fee for renewing a license;
(2) the fee for applying to take the provisional
license examination; and
(3) the fee for renewing a provisional license.
(b) Of each additional $400 [$200] collected, $100 [$50]
shall be deposited to the credit of the foundation school fund and
$300 [$150] shall be deposited to the credit of the general revenue
fund.
SECTION __A.06. Sections 801.154(b) and (c), Occupations
Code, are amended to read as follows:
(b) The license renewal fee set by the board under this
chapter is the amount set by the board under Subsection (a) and an
additional fee of $400 [$200].
(c) Of each additional fee collected under Subsection (b),
$100 [$50] shall be deposited in the foundation school fund and $300
[$150] shall be deposited in the general revenue fund.
SECTION __A.07. Section 901.406, Occupations Code, is
amended to read as follows:
Sec. 901.406. FEE INCREASE. (a) The fee for the issuance of
a certificate under this chapter and the fee for the issuance or
renewal of a license under this chapter is the amount of the fee set
by the board under Section 901.154 and a fee increase of $400
[$200].
(b) For each fee increase collected under this section, $100
[$50] shall be deposited to the credit of the foundation school fund
and $300 [$150] shall be deposited in the general revenue fund.
SECTION __A.08. Sections 1001.206(a) and (b), Occupations
Code, are amended to read as follows:
(a) The fee for a license under this chapter, for the annual
renewal of that license, and for a reciprocal license under this
chapter is increased by $400 [$200].
(b) Of each fee increase collected, $100 [$50] shall be
deposited in the foundation school fund and $300 [$150] shall be
deposited in the general revenue fund.
SECTION __A.09. Section 1051.652, Occupations Code, is
amended to read as follows:
Sec. 1051.652. FEE INCREASE. (a) The fee for the issuance
of a certificate to an applicant possessing a license or
certificate to practice architecture in another state and the fee
for the renewal of a certificate under this chapter are increased by
$400 [$200].
(b) Of each fee increase collected, $100 [$50] shall be
deposited in the foundation school fund and $300 [$150] shall be
deposited in the general revenue fund.
SECTION __A.10. Section 1052.0541, Occupations Code, is
amended to read as follows:
Sec. 1052.0541. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration under this chapter and the fee for
the renewal of a certificate of registration under this chapter is
increased by $400 [$200].
(b) Of each fee increase collected, $100 [$50] shall be
deposited in the foundation school fund and $300 [$150] shall be
deposited in the general revenue fund.
SECTION __A.11. Section 1053.0521, Occupations Code, is
amended to read as follows:
Sec. 1053.0521. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration under this chapter and the fee for
the renewal of a certificate of registration under this chapter is
increased by $400 [$200].
(b) Of each fee increase collected, $100 [$50] shall be
deposited in the foundation school fund and $300 [$150] shall be
deposited in the general revenue fund.
SECTION __A.12. Sections 1071.1521(a) and (b), Occupations
Code, are amended to read as follows:
(a) The fee for the issuance of a certificate of
registration to a registered professional land surveyor under this
chapter and the fee for the renewal of a certificate of registration
for a registered professional land surveyor under this chapter is
increased by $400 [$200].
(b) Of each fee increase collected, $100 [$50] shall be
deposited in the foundation school fund and $300 [$150] shall be
deposited in the general revenue fund.
SECTION __A.13. Section 1101.153, Occupations Code, is
amended to read as follows:
Sec. 1101.153. FEE INCREASE. (a) The fee for filing an
original application for an individual broker license and the fee
for annual renewal of an individual broker license is the amount of
the fee set by the commission under Section 1101.152 and a fee
increase of $400 [$200].
(b) Of each fee increase collected under Subsection (a),
$100 [$50] shall be deposited to the credit of the foundation school
fund and $300 [$150] shall be deposited to the credit of the general
revenue fund.
SECTION __A.14. Section 1152.053, Occupations Code, is
amended to read as follows:
Sec. 1152.053. FEE INCREASE. (a) The fee for the
registration of a person under this chapter and the fee for the
renewal of a registration under this chapter is increased by $400
[$200].
(b) Of each fee increase collected, $100 [$50] shall be
deposited in the foundation school fund and $300 [$150] shall be
deposited in the general revenue fund.
SECTION __A.15. Section 191.142(b), Tax Code, is amended to
read as follows:
(b) The tax rate is $400 [$200] per year to be paid in
advance.
SECTION __A.16. Section 41, The Securities Act (Article
581-41, Vernon's Texas Civil Statutes), is amended to read as
follows:
Sec. 41. INCREASE IN FEES. (a) Each of the following fees
imposed by or under another section of this Act is increased by $400
[$200]:
(1) fee for filing any original application of a
dealer or investment adviser or for submitting a notice filing for a
federal covered investment adviser;
(2) fee for filing any renewal application of a dealer
or investment adviser or for submitting a renewal notice filing for
a federal covered investment adviser;
(3) fee for filing any original application for agent,
officer, or investment adviser representative or for submitting a
notice filing for an investment adviser representative of a federal
covered investment adviser; and
(4) fee for filing any renewal application for agent,
officer, or investment adviser representative or for submitting a
renewal notice filing for an investment adviser representative of a
federal covered investment adviser.
(b) Of each fee increase collected, $100 [$50] shall be
deposited to the credit of the foundation school fund and $300
[$150] shall be deposited to the credit of the general revenue fund.
This subsection applies to the disposition of each fee increase
regardless of any other provision of law providing for a different
disposition of funds.
SECTION __A.17. This part applies only to a fee imposed on
or after the effective date of this part. A fee imposed before that
date is governed by the law in effect on the date the fee is imposed,
and that law is continued in effect for that purpose.
SECTION __A.18. This part takes effect September 1, 2005,
if this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
effect on that date, this part takes effect November 1, 2005.
PART B. REPEAL OF TEMPORARY PROFESSIONAL FEES INCREASE
SECTION __B.01. Section 153.053, Occupations Code, is
amended to read as follows:
Sec. 153.053. SURCHARGE FOR CERTAIN FEES. (a) The board
shall collect a fee surcharge as follows:
(1) $200 for the license fee;
(2) $400 for the first registration permit;
(3) $400 for renewal of a registration permit; and
(4) $200 for reinstatement of a license after
cancellation for cause.
(b) Of each surcharge collected under Subsections (a)(1)
and (4), the board shall deposit $50 to the credit of the foundation
school fund and $150 to the credit of the general revenue fund.
(c) Of each surcharge collected under Subsections (a)(2)
and (3), the board shall deposit $100 to the credit of the
foundation school fund and $300 to the credit of the general revenue
fund.
SECTION __B.02. Sections 201.153(b) and (c), Occupations
Code, are amended to read as follows:
(b) Each of the following fees imposed under Subsection (a)
is increased by $200:
(1) the fee for an annual renewal of a license;
(2) the fee for issuance of a license to an
out-of-state applicant;
(3) the fee for an examination; and
(4) the fee for a reexamination.
(c) For each $200 fee increase collected under Subsection
(b), $50 shall be deposited in the foundation school fund and $150
shall be deposited in the general revenue fund.
SECTION __B.03. Section 254.004(b), Occupations Code, is
amended to read as follows:
(b) The amount of the dental application fee and dentist
annual renewal fee is the amount set by the board under Subsection
(a) and an additional charge of $200. Of each fee increase collected
under this subsection, $50 shall be deposited to the credit of the
foundation school fund and $150 shall be deposited to the credit of
the general revenue fund.
SECTION __B.04. Sections 351.153(a) and (b), Occupations
Code, are amended to read as follows:
(a) The fee for the issuance of a license under this chapter
and the fee for the renewal of a license under this chapter are the
amounts of those fees set by the board under Section 351.152 and an
additional fee of $200.
(b) Of each additional fee collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION __B.05. Sections 501.153(a) and (b), Occupations
Code, are amended to read as follows:
(a) The amount of the following fees is the amount set by the
board under Section 501.152 and an additional charge of $200:
(1) the fee for renewing a license;
(2) the fee for applying to take the provisional
license examination; and
(3) the fee for renewing a provisional license.
(b) Of each additional $200 collected, $50 shall be
deposited to the credit of the foundation school fund and $150 shall
be deposited to the credit of the general revenue fund.
SECTION __B.06. Sections 801.154(b) and (c), Occupations
Code, are amended to read as follows:
(b) The license renewal fee set by the board under this
chapter is the amount set by the board under Subsection (a) and an
additional fee of $200.
(c) Of each additional fee collected under Subsection (b),
$50 shall be deposited in the foundation school fund and $150 shall
be deposited in the general revenue fund.
SECTION __B.07. Section 901.406, Occupations Code, is
amended to read as follows:
Sec. 901.406. FEE INCREASE. (a) The fee for the issuance
of a certificate under this chapter and the fee for the issuance or
renewal of a license under this chapter is the amount of the fee set
by the board under Section 901.154 and a fee increase of $200.
(b) For each fee increase collected under this section, $50
shall be deposited to the credit of the foundation school fund and
$150 shall be deposited in the general revenue fund.
SECTION __B.08. Sections 1001.206(a) and (b), Occupations
Code, are amended to read as follows:
(a) The fee for a license under this chapter, for the annual
renewal of that license, and for a reciprocal license under this
chapter is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION __B.09. Section 1051.652, Occupations Code, is
amended to read as follows:
Sec. 1051.652. FEE INCREASE. (a) The fee for the issuance
of a certificate to an applicant possessing a license or
certificate to practice architecture in another state and the fee
for the renewal of a certificate under this chapter are increased by
$200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION __B.10. Section 1052.0541, Occupations Code, is
amended to read as follows:
Sec. 1052.0541. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration under this chapter and the fee for
the renewal of a certificate of registration under this chapter is
increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION __B.11. Section 1053.0521, Occupations Code, is
amended to read as follows:
Sec. 1053.0521. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration under this chapter and the fee for
the renewal of a certificate of registration under this chapter is
increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION __B.12. Sections 1071.1521(a) and (b), Occupations
Code, are amended to read as follows:
(a) The fee for the issuance of a certificate of
registration to a registered professional land surveyor under this
chapter and the fee for the renewal of a certificate of registration
for a registered professional land surveyor under this chapter is
increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION __B.13. Section 1101.153, Occupations Code, is
amended to read as follows:
Sec. 1101.153. FEE INCREASE. (a) The fee for filing an
original application for an individual broker license and the fee
for annual renewal of an individual broker license is the amount of
the fee set by the commission under Section 1101.152 and a fee
increase of $200.
(b) Of each fee increase collected under Subsection (a), $50
shall be deposited to the credit of the foundation school fund and
$150 shall be deposited to the credit of the general revenue fund.
SECTION __B.14. Section 1152.053, Occupations Code, is
amended to read as follows:
Sec. 1152.053. FEE INCREASE. (a) The fee for the
registration of a person under this chapter and the fee for the
renewal of a registration under this chapter is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION __B.15. Section 191.142(b), Tax Code, is amended to
read as follows:
(b) The tax rate is $200 per year to be paid in advance.
SECTION __B.16. Section 41, The Securities Act (Article
581-41, Vernon's Texas Civil Statutes), is amended to read as
follows:
Sec. 41. INCREASE IN FEES. (a) Each of the following fees
imposed by or under another section of this Act is increased by
$200:
(1) fee for filing any original application of a
dealer or investment adviser or for submitting a notice filing for a
federal covered investment adviser;
(2) fee for filing any renewal application of a dealer
or investment adviser or for submitting a renewal notice filing for
a federal covered investment adviser;
(3) fee for filing any original application for agent,
officer, or investment adviser representative or for submitting a
notice filing for an investment adviser representative of a federal
covered investment adviser; and
(4) fee for filing any renewal application for agent,
officer, or investment adviser representative or for submitting a
renewal notice filing for an investment adviser representative of a
federal covered investment adviser.
(b) Of each fee increase collected, $50 shall be deposited
to the credit of the foundation school fund and $150 shall be
deposited to the credit of the general revenue fund. This
subsection applies to the disposition of each fee increase
regardless of any other provision of law providing for a different
disposition of funds.
SECTION __B.17. This part applies only to a fee imposed on
or after the effective date of this part. A fee imposed before that
date is governed by the law in effect on the date the fee is imposed,
and that law is continued in effect for that purpose.
SECTION __B.18. This part takes effect September 1, 2007.
BRIMER
JANEK