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Amend Floor Amendment No. 13 to CSHB 3 by deleting Subsection
(2), lines 6 and 7, and inserting the following language:
PART D. TRANSITIONAL PROVISIONS FOR PARTS A, B, AND C
SECTION 2D.01. (a) Subject to other provisions of this
section, Parts A, B, and C of this article apply to reports
originally due on or after the effective date of those parts.
(b) For a corporation becoming subject to the franchise tax
under this article:
(1) income or losses, and related gross receipts,
occurring before January 1, 2005 2006, may not be considered for
purposes of the earned surplus component, or for apportionment
purposes for the taxable capital component;
(2) a corporation subject to the franchise tax on
January 1, 2006 2007, for which January 1, 2006 2007, is not the
beginning date, shall file an annual report due May 15, 2006 2007,
based on the period:
(A) beginning on the later of:
(i) January 1, 2005 2006; or
(ii) the date the corporation was organized
in this state or, if a foreign corporation, the date it began doing
business in this state; and
(B) ending on the date the corporation's last
accounting period ends in 2005 2006 or, if none, on December 31,
2005 2006; and
(3) a corporation subject to the earned surplus
component of the franchise tax at any time after October 31, 2005
2006, and before January 1, 2006 2007, but not subject to the earned
surplus component on January 1, 2006 2007, shall file a final
report computed on net taxable earned surplus, for the privilege of
doing business at any time after October 31, 2005 2006, and before
January 1, 2006 2007, based on the period:
(A) beginning on the later of:
(i) January 1, 2005 2006; or
(ii) the date the corporation was organized
in this state or, if a foreign corporation, the date it began doing
business in this state; and
(B) ending on the date the corporation became no
longer subject to the earned surplus component of the tax.
SECTION 2D.02. Parts A, B, and C of this article take
effect, except as provided by those parts, November 1, 2005 2006,
and apply to reports originally due on or after that date.