By:  Swinford                                                     H.B. No. 8  
A BILL TO BE ENTITLED
AN ACT
relating to property tax relief and protection of taxpayers, 
certain taxes, fees, and property, and other matters relating to 
the financing of public schools; providing civil and criminal 
penalties; making an appropriation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
ARTICLE 1.  SCHOOL PROPERTY TAX RELIEF
PART A.  SCHOOL PROPERTY TAX RELIEF
	SECTION 1A.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)  $1.22 [$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 2005 tax 
year, 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 $1.29 on the $100 valuation of taxable property in the 
district.
	(d-2)  Subsection (d-1) and this subsection expire January 
1, 2006.   
	(e)  An election held before January 1, 2005, authorizing a 
maintenance tax at a rate of at least $1.29 on the $100 valuation of 
taxable property in the district is sufficient to authorize a rate 
of $1.29 or less for the 2005 tax year.  An election held before 
January 1, 2006, authorizing a maintenance tax at a rate of at least 
$1.22 on the $100 valuation of taxable property in the district is 
sufficient to authorize a rate of $1.22 or less for the 2006 tax 
year.
	SECTION 1A.02.  (a)  The changes in law made by this part 
apply to the maintenance and operations tax rate of a school 
district beginning with the 2005 tax year.
	(b)  If before the effective date of this part, the governing 
body of a school district adopted an ad valorem tax rate for the 
district for the 2005 tax year under the law in effect immediately 
before the effective date of this part, and the adopted ad valorem 
tax rate included a rate for maintenance and operations expenses 
that is greater than the maximum maintenance and operations tax 
rate for the 2005 tax year permitted under this part:
		(1)  on the effective date of this part, the ad valorem 
tax rate adopted for the district is invalidated; and
		(2)  the governing body shall adopt an ad valorem tax 
rate for the 2005 tax year in accordance with the changes in law 
made by this part.
	(c)  If tax bills for the 2005 tax year were sent by the tax 
assessor for a school district pursuant to a tax rate invalidated 
under Subsection (b)(1) of this section, the tax assessor for the 
school district shall prepare and mail a new tax bill for the 2005 
tax year to each taxpayer of the district in the manner required by 
Chapter 31, Tax Code.  If a taxpayer pays the taxes for the 2005 tax 
year pursuant to a tax rate invalidated under Subsection (b)(1) of 
this section, the school district shall refund any difference 
between the tax paid and the tax due at the rate adopted under 
Subsection (b)(2) of this section.
	(d)  If this Act is passed by the legislature and becomes 
law, any action taken before the effective date of this part in 
preparation for the implementation of the changes in law made by 
this part by an officer or employee or the governing body of a 
school district that the officer, employee, or governing body 
determines is necessary or appropriate and that the officer, 
employee, or governing body would have been authorized to take had 
this part been in effect at the time of the action, including 
adoption of a maintenance and operations tax rate, is validated as 
of the effective date of this part.  Any public notice required by 
Chapter 26, Tax Code, or Chapter 44, Education Code, given before 
the effective date of this part that includes an additional 
statement that the tax rate for the school district will be adopted 
in accordance with the changes in law made by this part is validated 
as of the effective date of this part.
PART B.  BUY-DOWN OF SCHOOL DISTRICT TAXES
	SECTION 1B.01.  Chapter 403, Government Code, is amended by 
adding Subchapters O and P to read as follows:
SUBCHAPTER O.  DISTRIBUTION OF INCREASES
IN AVAILABLE STATE REVENUE FOR SCHOOL DISTRICT
TAX RATE REDUCTION
	Sec. 403.351.  DEFINITIONS.  In this subchapter:                        
		(1)  "Available state revenue" means state revenue from 
any source other than federal funds or revenue that, under a 
provision of the Texas Constitution, may be used only for a 
particular purpose.
		(2)  "Increase in available state revenue" means the 
amount by which the estimate made by the comptroller in advance of a 
regular session of the legislature under Section 49a(a), Article 
III, Texas Constitution, of available state revenue for the 
succeeding state fiscal biennium exceeds the estimate made by the 
comptroller at that time under that section of available state 
revenue for the current state fiscal biennium.
	Sec. 403.352.  CERTIFICATION OF INCREASE IN AVAILABLE STATE 
REVENUE.  In the statement required by Section 49a, Article III, 
Texas Constitution, in advance of a regular session of the 
legislature, the comptroller shall certify the amount, if any, of 
the increase in available state revenue for the succeeding state 
fiscal biennium.
	Sec. 403.353.  DISTRIBUTION OF AVAILABLE STATE REVENUE FOR 
TAX RATE REDUCTION.  (a)  For the state fiscal biennium following a 
certification under Section 403.352, the comptroller shall 
distribute to the school districts in this state for tax rate 
reduction an amount of available state revenue that is equal to the 
sum of:
		(1)  an amount equal to not less than 15 percent of the 
increase in available state revenue for the current state fiscal 
biennium certified under Section 403.352, as determined by the 
Legislative Budget Board and the governor; and
		(2)  the amount of available state revenue distributed 
in the preceding state fiscal biennium under this section for 
school district tax rate reduction.
	(b)  The comptroller shall distribute the amount required by 
Subsection (a) in equal amounts in each state fiscal year of the 
state fiscal biennium.  The amount distributed in each state fiscal 
year shall be apportioned among the school districts in amounts 
that, applied to the total taxable value of property in each 
district determined under Subchapter M, for the most recent ad 
valorem tax year for which the information is available, would 
reduce the rate of each school district's maintenance and 
operations tax by the same percentage, except that a school 
district maintenance and operations tax rate may not be reduced to 
less than 75 cents for each $100 of taxable value.
	(c)  The money received by each school district under this 
section must be applied to reducing the district's maintenance and 
operations tax rate for purposes of Chapter 42, Education Code.
SUBCHAPTER P.  SCHOOL PROPERTY TAX RELIEF FUND
	Sec. 403.401.  SCHOOL PROPERTY TAX RELIEF FUND.  The school 
property tax relief fund is an account in the general revenue fund.
	Sec. 403.402.  CERTIFICATION OF CERTAIN STATE TAX REVENUE.  
(a)  Not later than September 30 of each calendar year beginning 
with 2006, the comptroller shall:
		(1)  compute for the preceding state fiscal year the 
actual amount of the increase in state revenue that is attributable 
to the changes in law made by the Act that enacted this section;
		(2)  transfer an amount of state revenue equal to the 
amount determined under Subdivision (1) to the school property tax 
relief fund, except as provided by Subsection (b); and
		(3)  report in writing the amount of any transfer under 
Subdivision (2) to the governor, the lieutenant governor, the 
Legislative Budget Board, and each member of the legislature.
	(b)  The comptroller may not make a transfer under Subsection 
(a)(2) if making the transfer would reduce the amount of general 
revenue available for purposes of certification of the General 
Appropriations Act to an amount less than the amount estimated to be 
available at the time the comptroller certified the General 
Appropriations Act under Section 49a(b), Article III, Texas 
Constitution.
	SECTION 1B.02.  Effective September 1, 2006, Subchapter H, 
Chapter 42, Education Code, as added by _.B. No. _, Acts of the 79th 
Legislature, 2nd Called Session, 2005, is amended by adding Section 
42.3112 to read as follows:
	Sec. 42.3112.  STATE REVENUE RECEIVED FOR SCHOOL DISTRICT 
TAX RATE REDUCTION.  (a)  For purposes of this chapter and Chapter 
41, amounts received in a tax year by a school district under 
Subchapter O, Chapter 403, Government Code, are considered to be 
maintenance and operations taxes collected by the district during 
that tax year.
	(b)  The commissioner may adopt rules necessary to 
administer this section.
	SECTION 1B.03.  Section 26.08(i), Tax Code, is amended to 
read as follows:   
	(i)  For purposes of this section, the rollback tax rate of a 
school district is the sum of:
		(1)  the tax rate that, applied to the current total 
value for the district, would impose taxes in an amount that, when 
added to state funds that would be distributed to the district under 
Chapter 42, Education Code, for the school year beginning in the 
current tax year using that tax rate, and state funds for property 
tax rate relief that will be distributed to the district in that 
school year under Subchapter O, Chapter 403, Government Code, would 
provide the same amount of state funds distributed under Chapter 
42, Education Code, and Subchapter O, Chapter 403, Government Code,
and maintenance and operations taxes of the district per student in 
[weighted] average daily attendance for that school year that would 
have been available to the district in the preceding year if the 
funding elements for Chapters 41 and 42, Education Code, for the 
current year had been in effect for the preceding year;
		(2)  the rate of $0.04 [$0.06] per $100 of taxable 
value; and
		(3)  the district's current debt rate.                                        
	SECTION 1B.04.  Section 26.08(k), Tax Code, is repealed.                       
PART C.  PROPERTY TAX ADMINISTRATION
	SECTION 1C.01.  Section 21.02, Tax Code, is amended by 
adding Subsection (e) to read as follows:
	(e)  This subsection does not apply to a drilling rig 
designed for offshore drilling or exploration operations.  A mobile 
portable drilling rig, and equipment associated with the drilling 
rig, is taxable by the taxing unit in which the rig is located on 
January 1 if the rig was located in the unit for the preceding 365 
consecutive days.  If the rig and associated equipment was not 
located at its January 1 location for the preceding 365 days, it is 
taxable by the taxing unit in which the owner's principal place of 
business in this state is located on January 1.
	SECTION 1C.02.  Section 22.27, Tax Code, is amended by 
adding Subsection (c-1) to read as follows:
	(c-1)  An administrative or judicial proceeding in which 
confidential information is disclosed pursuant to Subsection (b) 
shall be closed to the public unless all parties to the proceeding 
and the persons described in Subsection (b)(2) consent to public 
access.  Notwithstanding the provisions of this subsection, an 
administrative proceeding conducted by a panel of an appraisal 
review board is not considered to be a deliberation of public 
business by the appraisal review board.
	SECTION 1C.03.  Section 41A.08, Tax Code, as added by H.B. 
182 and S.B. 1351, Acts of the 79th Legislature, Regular Session, 
2005, is amended by adding Subsection (c) to read as follows:
	(c)  The arbitrator may require the appraisal district to 
provide meeting space for the arbitration at no cost to the 
arbitrator or the property owner.
PART D.  REDUCTION IN SCHOOL TAX FREEZE FOR
ELDERLY AND DISABLED; INCREASE IN SCHOOL
DISTRICT RESIDENCE HOMESTEAD EXEMPTION
	SECTION 1D.01.  Section 11.13(b), Tax Code, is amended to 
read as follows:   
	(b)  An adult is entitled to exemption from taxation by a 
school district of $22,500 [$15,000] of the appraised value of the 
adult's residence homestead, except that $17,500 [$10,000] of the 
exemption does not apply to an entity operating under former 
Chapter 17, 18, 25, 26, 27, or 28, Education Code, as those chapters 
existed on May 1, 1995, as permitted by Section 11.301, Education 
Code.
	SECTION 1D.02.  Section 11.26, Tax Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  The tax officials shall appraise the property to which 
this section applies and calculate taxes as on other property, but 
if the tax so calculated exceeds the limitation imposed by this 
section, the tax imposed is the amount of the tax as limited by this 
section, except as otherwise provided by this section.  A school 
district may not increase the total annual amount of ad valorem tax 
it imposes on the residence homestead of an individual 65 years of 
age or older or on the residence homestead of an individual who is 
disabled, as defined by Section 11.13, above the amount of the tax 
it imposed in the first tax year in which the individual qualified 
that residence homestead for the applicable exemption provided by 
Section 11.13(c) for an individual who is 65 years of age or older 
or is disabled.  If the individual qualified that residence 
homestead for the exemption after the beginning of that first year 
and the residence homestead remains eligible for the same exemption 
for the next year, and if the school district taxes imposed on the 
residence homestead in the next year are less than the amount of 
taxes imposed in that first year, a school district may not 
subsequently increase the total annual amount of ad valorem taxes 
it imposes on the residence homestead above the amount it imposed in 
the year immediately following the first year for which the 
individual qualified that residence homestead for the same 
exemption, except as provided by Subsection (b).  If the first tax 
year the individual qualified the residence homestead for the 
exemption provided by Section 11.13(c) for individuals 65 years of 
age or older or disabled was a tax year before the 2006 [1997] tax 
year, the amount of the limitation provided by this section is the 
amount of tax the school district imposed for the 2005 [1996] tax 
year less an amount equal to the amount determined by multiplying 
$7,500 [$10,000] times the tax rate of the school district for the 
2006 [1997] tax year, plus any 2006 [1997] tax attributable to 
improvements made in 2005 [1996], other than improvements made to 
comply with governmental regulations or repairs.  If an individual 
receives the limitation provided by this section for the 
individual's residence homestead and the individual or the 
individual's spouse received the limitation in the preceding tax 
year for that homestead and the tax rate of the school district for 
the current tax year is higher or lower than the tax rate of the 
district for the preceding tax year, the total amount of taxes that 
may be imposed by the district on the homestead is equal to the 
amount of tax the district imposed on the homestead for the 
preceding tax year multiplied by a fraction the numerator of which 
is the tax rate of the district for the current tax year and the 
denominator of which is the tax rate of the district for the 
preceding tax year, plus any tax for the current tax year 
attributable to improvements made in the preceding tax year, other 
than improvements made to comply with governmental regulations or 
repairs, except that the total amount of taxes that may be imposed 
by the district on the homestead may not exceed the amount of taxes 
imposed by the district for:
		(1)  the 2005 tax year, if the limitation took effect 
before the 2006 tax year, less an amount equal to the amount 
determined by multiplying $7,500 times the tax rate of the district 
for the 2006 tax year, plus any tax for subsequent tax years or the 
current tax year attributable to improvements made to comply with 
governmental regulations or repairs; or
		(2)  the tax year in which the limitation took effect, 
if the limitation took effect in the 2006 tax year or a subsequent 
tax year, plus any tax for subsequent tax years or the current tax 
year attributable to improvements made to comply with governmental 
regulations or repairs.
	(a-1)  Notwithstanding Subsection (a), if the first tax year 
the individual qualified the residence homestead for the exemption 
provided by Section 11.13(c) for individuals 65 years of age or 
older or disabled was a tax year before the 2006 tax year and the tax 
rate of the school district for the 2006 tax year is lower than the 
tax rate of the district for the 2005 tax year, the amount of the 
limitation provided by this section for the 2006 tax year is the 
amount of tax the school district imposed for the 2005 tax year, 
reduced in proportion to the reduction in the tax rate as provided 
by Subsection (a), less an amount equal to the amount determined by 
multiplying $7,500 times the tax rate of the school district for the 
2006 tax year, plus any 2006 tax attributable to improvements made 
in 2005, other than improvements made to comply with governmental 
regulations or repairs.  That limitation continues to apply to the 
property in subsequent tax years, subject to the other provisions 
of this section.
	SECTION 1D.03.  Subchapter H, Chapter 42, Education Code, as 
added by _.B. No. _, Acts of the 79th Legislature, 2nd Called 
Session, 2005, is amended by adding Section 42.3053 to read as 
follows:
	Sec. 42.3053.  ADDITIONAL STATE AID FOR RESIDENCE HOMESTEAD 
EXEMPTION AND TAX FREEZE.  (a)  Notwithstanding any other provision 
of this chapter, a school district is entitled to additional state 
aid to the extent that state aid under this chapter based on the 
determination of the school district's taxable value of property as 
provided under Subchapter M, Chapter 403, Government Code, does not 
fully compensate the district for ad valorem tax revenue lost due 
to:
		(1)  the increase in the amount of the residence 
homestead exemption from ad valorem taxation for general elementary 
and secondary public school purposes under Section 1-b(c), Article 
VIII, Texas Constitution, and the corresponding adjustment of the 
limitation on the amount of ad valorem taxes that may be imposed for 
those purposes on the homesteads of certain persons under Section 
1-b(d), Article VIII, Texas Constitution, as proposed by _.J.R. No. 
__, Acts of the 79th Legislature, 2nd Called Session, 2005; and
		(2)  the adjustment of the limitation on the total 
amount of ad valorem taxes imposed for general elementary and 
secondary public school purposes on certain residence homesteads in 
proportion to any increase or decrease in the tax rate for those 
purposes under Section 1-b(d), Article VIII, Texas Constitution, as 
proposed by _.J.R. No. __, Acts of the 79th Legislature, 2nd Called 
Session, 2005.
	(b)  The commissioner, using information provided by the 
comptroller, shall compute the amount of any additional state aid 
to which a district is entitled under this section.  A determination 
by the commissioner under this section is final and may not be 
appealed.
	(c)  This section expires September 1, 2007.                            
	SECTION 1D.04.  Section 403.302, Government Code, is amended 
by amending Subsection (j) and adding Subsection (j-1) to read as 
follows:
	(j)  For purposes of Section 42.3053 [42.2511], Education 
Code, the comptroller shall certify to the commissioner of 
education:
		(1)  a final value for each school district computed on 
a residence homestead exemption under Section 1-b(c), Article VIII, 
Texas Constitution, of $15,000 [$5,000]; and
		(2)  a final value for each school district computed 
on:                    
			(A)  a residence homestead exemption from ad 
valorem taxation for general elementary and secondary public school 
purposes under Section 1-b(c), Article VIII, Texas Constitution, of 
$22,500, and the corresponding adjustment of the limitation on the 
amount of ad valorem taxes that may be imposed for those purposes on 
the homesteads of certain persons under Section 1-b(d), Article 
VIII, Texas Constitution, as proposed by _.J.R. No. __, Acts of the 
79th Legislature, 2nd Called Session, 2005 [$15,000]; and
			(B)  the effect of the adjustment of the
[additional] limitation on the total amount of ad valorem taxes 
imposed for general elementary and secondary public school purposes 
on certain residence homesteads in proportion to any increase or 
decrease in the tax rate for those purposes [tax increases] under 
Section 1-b(d), Article VIII, Texas Constitution, as proposed by 
_.J.R. No. __, Acts of the 79th Legislature, 2nd Called Session, 
2005.
	(j-1)  To the extent of a conflict between Subsection (j) and 
a provision added by _.B. No._, Acts of the 79th Legislature, 2nd 
Called Session, 2005, Subsection (j) prevails, regardless of the 
relative dates of enactment.
	SECTION 1D.05.  This part takes effect January 1, 2006, and 
applies only to an ad valorem tax year that begins on or after that 
date, but only if the constitutional amendment proposed by _.J.R. 
No. __, Acts of the 79th Legislature, 2nd Called Session, 2005, is 
approved by the voters.  If that constitutional amendment is not 
approved by the voters, this part has no effect.
PART E.  AD VALOREM TAXATION OF CERTAIN RAIL FACILITY PROPERTY
OWNED BY CERTAIN RURAL RAIL TRANSPORTATION DISTRICTS
	SECTION 1E.01.  Section 25.07(b), Tax Code, is amended to 
read as follows:   
	(b)  Except as provided by Sections 11.11(b) [Subsections 
(b)] and (c) [of Section 11.11 of this code], a leasehold or other 
possessory interest in exempt property may not be listed if:
		(1)  the property is permanent university fund land;                          
		(2)  the property is county public school fund 
agricultural land;           
		(3)  the property is a part of a public transportation 
facility owned by an incorporated city or town and:
			(A)  is an airport passenger terminal building or 
a building used primarily for maintenance of aircraft or other 
aircraft services, for aircraft equipment storage, or for air 
cargo;
			(B)  is an airport fueling system facility;                                  
			(C)  is in a foreign-trade zone:                                             
				(i)  that has been granted to a joint airport 
board under Chapter 129, Acts of the 65th Legislature, Regular 
Session, 1977 (Article 1446.8, Vernon's Texas Civil Statutes);
				(ii)  the area of which in the portion of the 
zone located in the airport operated by the joint airport board does 
not exceed 2,500 acres; and
				(iii)  that is established and operating 
pursuant to federal law; or      
			(D)(i)  is in a foreign trade zone established 
pursuant to federal law after June 1, 1991, which operates pursuant 
to federal law;
				(ii)  is contiguous to or has access via a 
taxiway to an airport located in two counties, one of which has a 
population of 500,000 or more according to the federal decennial 
census most recently preceding the establishment of the foreign 
trade zone; and
				(iii)  is owned, directly or through a 
corporation organized under the Development Corporation Act of 1979 
(Article 5190.6, Vernon's Texas Civil Statutes), by the same 
incorporated city or town which owns the airport;
		(4)  the interest is in a part of:                                            
			(A)  a park, market, fairground, or similar public 
facility that is owned by an incorporated city or town; or
			(B)  a convention center, visitor center, sports 
facility with permanent seating, concert hall, arena, or stadium 
that is owned by an incorporated city or town as such leasehold or 
possessory interest serves a governmental, municipal, or public 
purpose or function when the facility is open to the public, 
regardless of whether a fee is charged for admission;
		(5)  the interest involves only the right to use the 
property for grazing or other agricultural purposes;
		(6)  the property is owned by the Texas National 
Research Laboratory Commission or by a corporation formed by the 
Texas National Research Laboratory Commission under Section 
465.008(g), Government Code, and is used or is useful in connection 
with an eligible undertaking as defined by Section 465.021, 
Government Code; [or]
		(7)  the property is:                                                         
			(A)  owned by a municipality, a public port, or a 
navigation district created or operating under Section 59, Article 
XVI, Texas Constitution, or under a statute enacted under Section 
59, Article XVI, Texas Constitution; and
			(B)  used as an aid or facility incidental to or 
useful in the operation or development of a port or waterway or in 
aid of navigation-related commerce; or
		(8)  the property is part of a rail facility owned by a 
rural rail transportation district created or operating under 
Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 
(Article 6550c, Vernon's Texas Civil Statutes).
	SECTION 1E.02.  This part applies only to the appraisal 
records for a tax year that begins on or after January 1, 2006.
	SECTION 1E.03.  This part takes effect January 1, 2006.                        
ARTICLE 2.  FRANCHISE TAX
PART A.  CORPORATE OWNERSHIP IN PARTNERSHIPS
	SECTION 2A.01.  Section 113.001, Tax Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  Any tax, interest, or penalty due to the state under 
Chapter 171 by a person who is subject to that tax by application of 
Section 171.001(d) is additionally secured by a lien on the 
person's interest in the partnership doing business in this state 
whose activities cause the person to be subject to that tax, 
including a general or limited partnership interest that the person 
is considered to own under Sections 171.001(e) and (f).
	SECTION 2A.02.  Section 171.001(b), Tax Code, is amended by 
adding Subdivisions (6-a), (6-b), and (9) to read as follows:
		(6-a)  "Partner" includes a beneficiary in a trust.                    
		(6-b)  "Partnership" includes a partnership, a joint 
venture, and a trust.
		(9)  "Trust" does not include a trust or other 
financial assurance arrangement as required and approved by the 
United States Nuclear Regulatory Commission for the provision of 
decommissioning costs.
	SECTION 2A.03.  Section 171.001, Tax Code, is amended by 
adding Subsections (d), (e), (f), (g), and (h) to read as follows:
	(d)  For purposes of Subsection (a), a corporation that "does 
business in this state" includes a corporation:
		(1)  holding a partnership interest, including an 
interest as an assignee, as a general partner in a general 
partnership that is doing business in this state;
		(2)  holding a partnership interest, including an 
interest as an assignee, as a general partner in a limited 
partnership that is doing business in this state; or
		(3)  holding a controlling interest in a partnership, 
including an interest as an assignee, as a limited partner in a 
limited partnership that is doing business in this state.
	(e)  For purposes of Subsection (d), a partner who owns an 
interest in an upper tier partnership is considered to be both a 
partner in the upper tier partnership and a partner in each lower 
tier partnership.
	(f)  For purposes of Subsection (d)(3), a limited partner is 
considered to hold a controlling interest if any related party owns 
a controlling interest, directly or indirectly, in the partnership.  
In this subsection, "controlling interest" and "related party" have 
the meanings assigned those terms by Section 171.1001.
	(g)  If a corporate partner subject to the tax under 
Subsection (d) asserts in a refund claim or a redetermination 
hearing that the tax imposed under this chapter violates the United 
States Constitution or federal law because of the application of 
Subsection (d), the franchise tax is imposed on the partnership 
doing business in this state for the privilege periods for which the 
assertion is made and the franchise tax liability of the 
partnership shall be calculated as provided by Sections 171.101(d) 
and 171.110(d-2).
	(h)  For purposes of Subsection (d):                                    
		(1)  a corporation that is a foreign corporation is not 
doing business in this state solely because the corporation holds 
an interest in a real estate investment trust as defined by Section 
856, Internal Revenue Code, or its "qualified REIT subsidiary" 
entities as defined by Section 856(i)(2), Internal Revenue Code; 
and
		(2)  a real estate investment trust or a "qualified 
REIT subsidiary" entity as defined in Subdivision (1) is not doing 
business in this state solely because the real estate investment 
trust or "qualified REIT subsidiary" entity holds a partnership 
interest, including an interest as an assignee, as a limited 
partner in a limited partnership that is doing business in this 
state, provided that the limited partnership satisfies the gross 
income requirements of Sections 856(c)(2) and 856(c)(3), Internal 
Revenue Code, and the asset valuation requirements of Section 
856(c)(4), Internal Revenue Code.
	SECTION 2A.04.  Section 171.101, Tax Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  For purposes of Section 171.001(g), net taxable capital 
for a partnership, to the extent the partnership is owned directly 
or indirectly by a corporation, is computed by:
		(1)  adding the partner's contributions and surplus, as 
determined under Section 171.109 in the same manner as a 
corporation, to determine the partnership's taxable capital;
		(2)  apportioning the amount determined under 
Subdivision (1) to this state in the same manner that the taxable 
capital of a corporation is apportioned to this state under Section 
171.106(a) or (c), as applicable, to determine the partnership's 
apportioned taxable capital; and
		(3)  subtracting from the amount computed under 
Subdivision (2) any other allowable deductions, to determine the 
partnership's net taxable capital.
	SECTION 2A.05.  Section 171.1032(c), Tax Code, is amended to 
read as follows:
	(c)  A corporation shall include in its gross receipts 
computed under Subsection (a) the corporation's share of the gross 
receipts of each partnership and joint venture in which the 
corporation directly or indirectly owns an interest [of which the 
corporation is a part] apportioned to this state as though the 
corporation directly earned the receipts[, including receipts from 
business done with the corporation].  A corporation that owns an 
interest in an upper tier partnership is considered to be a partner 
in both the upper tier partnership and each lower tier partnership, 
and the corporation's share of the gross receipts of each 
partnership of which it is a partner is computed and apportioned to 
this state as though the corporation directly earned the receipts 
at the partnership tier at which the receipts were originally 
earned.
	SECTION 2A.06.  Section 171.1051(d), Tax Code, is amended to 
read as follows:
	(d)  A corporation shall include in its gross receipts 
computed under Subsection (a) the corporation's share of the gross 
receipts of each partnership and joint venture in which the 
corporation directly or indirectly owns an interest [of which the 
corporation is a part].  A corporation that owns an interest in an 
upper tier partnership is considered to be a partner in both the 
upper tier partnership and each lower tier partnership, and the 
corporation's share of the gross receipts of each partnership of 
which it is a partner is computed as though the corporation directly 
earned the receipts at the partnership tier at which the receipts 
were originally earned.
	SECTION 2A.07.  Section 171.109, Tax Code, is amended by 
adding Subsection (o) to read as follows:
	(o)  Notwithstanding any other subsection in this section, 
there shall be excluded from the taxable capital of a parent or 
investor corporation the investment by that parent or investor 
corporation in one or more other corporations in which that parent 
or investor corporation has a "controlling interest" as that term 
is defined in Section 171.1001.  The exclusion provided by this 
subsection does not apply to an investment by a parent or investor 
corporation in a corporation that either is exempt from tax under 
Subchapter B, or would be exempt from tax under Subchapter B if it 
were doing business in this state.  In the event a partnership 
becomes subject to tax under this chapter, the term "corporation" 
shall include a partnership for purposes of this subsection.
	SECTION 2A.08.  Section 171.110, Tax Code, is amended by 
adding Subsections (d-1) and (d-2) to read as follows:
	(d-1)  In computing net taxable earned surplus, a 
corporation shall include the corporation's share of a 
partnership's items of income or loss, without regard to whether 
the partnership is taxed as a corporation for federal income tax 
purposes.
	(d-2)  For purposes of Section 171.001(g), reportable 
federal taxable income for a partnership is the partnership's 
income as an entity, to the extent that the partnership is owned 
directly or indirectly by a corporation, as determined under rules 
adopted by the comptroller using principles similar to the 
standards applied to a corporation.
	SECTION 2A.09.  Section 171.1121, Tax Code, is amended by 
adding Subsection (f) to read as follows:
	(f)  A corporation that owns an interest in an upper tier 
partnership is considered to be a partner in both the upper tier 
partnership and each lower tier partnership, and the corporation's 
share of the gross receipts of each partnership of which it is a 
partner is computed and apportioned to this state as though the 
corporation directly earned the receipts at the partnership tier at 
which the receipts were originally earned.
	SECTION 2A.10.  This part takes effect September 1, 2005, 
and applies to reports originally due on or after that date, 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 on the first day of the first month 
that begins on or after the 91st day after the last day of the 
legislative session, and applies to reports originally due on or 
after that date.
PART B.  APPLICATION TO PARTNERSHIPS
	SECTION 2B.01.  (a)  This part takes effect only if a court 
enters a final judgment that the tax imposed under Chapter 171, Tax 
Code, violates the United States Constitution because of the 
application of Section 171.001(d), Tax Code.
	(b)  This part takes effect on the earlier of the date that 
the final judgment under Subsection (a) of this section is upheld on 
appeal without any possibility of further appeal or is not appealed 
and is no longer subject to appeal, and applies to a report 
originally due on or after that date.
	SECTION 2B.02.  Section 113.001, Tax Code, is amended by 
adding Subsection (c-1) to read as follows:
	(c-1)  Any tax, interest, or penalty due to the state under 
Chapter 171 by a person who is subject to that tax by application of 
Section 171.001(a)(3) is additionally secured by a lien on the 
person's interest in the partnership doing business in this state 
whose activities cause the person to be subject to that tax.
	SECTION 2B.03.  Section 171.001(a), Tax Code, is amended to 
read as follows: 
	(a)  A franchise tax is imposed on:                                            
		(1)  each corporation that does business in this state 
or that is chartered in this state; [and]
		(2)  each limited liability company that does business 
in this state or that is organized under the laws of this state;
		(3)  each general partnership that is doing business in 
this state to the extent the general partnership, including an 
interest as an assignee, is owned directly or indirectly by a 
corporation;
		(4)  each limited partnership that is doing business in 
this state to the extent the general partner's interest, including 
an interest as an assignee, in the limited partnership is owned 
directly or indirectly by a corporation; and
		(5)  each limited partnership controlled by a corporate 
limited partner, including an interest as an assignee, that is 
doing business in this state to the extent the limited partnership 
is owned directly or indirectly by the controlling limited partner.
	SECTION 2B.04.  Section 171.001(b)(3), Tax Code, is amended 
to read as follows:
		(3)  "Corporation" includes:                                                  
			(A)  a limited liability company, as defined under 
the Texas Limited Liability Company Act;
			(B)  a savings and loan association; [and]                  
			(C)  a banking corporation; and                                       
			(D)  a partnership, to the extent appropriate for 
purposes of the administration, collection, and enforcement of the 
tax under this chapter as it is imposed on partnerships.
	SECTION 2B.05.  Section 171.1032(c), Tax Code, is amended to 
read as follows:
	(c)  A corporation shall include in its gross receipts 
computed under Subsection (a) the corporation's share of the gross 
receipts of each partnership and joint venture of which the 
corporation is a part apportioned to this state as though the 
corporation directly earned the receipts, including receipts from 
business done with the corporation.
	SECTION 2B.06.  Section 171.1051(d), Tax Code, is amended to 
read as follows:
	(d)  A corporation shall include in its gross receipts 
computed under Subsection (a) the corporation's share of the gross 
receipts of each partnership and joint venture of which the 
corporation is a part.
	SECTION 2B.07.  Section 171.110, Tax Code, is amended by 
adding Subsection (d-3) to read as follows:
	(d-3)  Reportable federal taxable income for a partnership 
subject to the franchise tax under Section 171.001(a) is the 
partnership's income as an entity, to the extent that the 
partnership is owned by a corporation, as determined under rules 
adopted by the comptroller using principles similar to the 
standards applied to a corporation.
	SECTION 2B.08.  Subchapter F, Chapter 171, Tax Code, is 
amended by adding Section 171.2515 to read as follows:
	Sec. 171.2515.  FORFEITURE OF RIGHT OF PARTNERSHIP TO 
TRANSACT BUSINESS IN THIS STATE.  (a)  The comptroller may, for the 
same reasons and using the same procedures the comptroller uses in 
relation to the forfeiture of the corporate privileges of a 
corporation, forfeit the right of a partnership subject to a tax 
imposed by this chapter to transact business in this state.
	(b)  The provisions of this subchapter, including Section 
171.255, that apply to the forfeiture of corporate privileges apply 
to the forfeiture of a partnership's right to transact business in 
this state.
	SECTION 2B.09.  The following provisions of the Tax Code are 
repealed:       
		(1)  Section 113.001(c);                                                      
		(2)  Sections 171.001(d), (e), (f), (g), and (h);                             
		(3)  Section 171.101(d);                                                      
		(4)  Sections 171.110(d-1) and (d-2); and                                     
		(5)  Section 171.1121(f).                                                     
	SECTION 2B.10.  (a)  For a partnership becoming subject to 
the franchise tax under this part, income or losses and related 
gross receipts occurring before one year before the effective date 
of this part may not be considered for purposes of the earned 
surplus component or for apportionment purposes for the taxable 
capital component.
	(b)  The comptroller shall adopt rules relating to 
establishing the applicable reporting periods for partnerships 
becoming subject to the franchise tax under this part.
PART C.  ADD-BACK OF CERTAIN PAYMENTS
	SECTION 2C.01.  Subchapter C, Chapter 171, Tax Code, is 
amended by adding Section 171.1001 to read as follows:
	Sec. 171.1001.  DEFINITIONS.  In this subchapter:                       
		(1)  "Arm's length" means the standard of conduct under 
which unrelated parties having substantially equal bargaining 
power, each acting in its own interest, would negotiate or carry out 
a particular transaction.
		(2)  "Controlling interest" means:                                     
			(A)  for a corporation, either 50 percent or more, 
owned directly or indirectly, of the total combined voting power of 
all classes of stock of the corporation, or 50 percent or more, 
owned directly or indirectly, of the beneficial ownership interest 
in the voting stock of the corporation; and
			(B)  for a partnership, association, trust, or 
other entity, 50 percent or more, owned directly or indirectly, of 
the capital, profits, or beneficial interest in the partnership, 
association, trust, or other entity.
		(3)  "Interest payment" means an amount allowable as an 
interest deduction under Section 163, Internal Revenue Code.
		(4)  "Management fee" means a fee for services of a 
managerial or administrative nature, including services pertaining 
to management, accounts receivable and payable, employee benefit 
plans, insurance, legal matters, payroll, data processing, 
purchasing, taxes, financial matters, securities, accounting, 
reporting, and compliance.
		(5)  "Related party" means any entity that directly or 
indirectly controls, is controlled by, or is under common control 
with, the entity subject to the tax imposed under this chapter.  The 
term includes, but is not limited to, parents, subsidiaries, 
pass-through entities, and disregarded entities.
		(6)  "Royalty payment" means a payment directly 
connected to the acquisition, use, maintenance or management, 
ownership, sale, exchange, or any other disposition of licenses, 
trademarks, copyrights, trade names, trade dress, service marks, 
mask works, trade secrets, patents, or any other similar types of 
intangible assets as determined by the comptroller.
		(7)  "Valid business purpose" means one or more 
business purposes, other than the avoidance or reduction of taxes, 
that alone or in combination constitute the primary motivation for 
a business activity or transaction that changes in a meaningful 
way, apart from tax effects, the economic position of the entity.  A 
valid business purpose includes compliance with a regulatory 
requirement of:
			(A)  the federal government;                                          
			(B)  a state or local government;                                     
			(C)  a foreign nation; or                                             
			(D)  an agency or political subdivision of any 
entity listed in Paragraphs (A)-(C).
	SECTION 2C.02.  Subchapter C, Chapter 171, Tax Code, is 
amended by adding Sections 171.1101-171.1103 to read as follows:
	Sec. 171.1101.  ADD-BACK OF PAYMENTS TO RELATED PARTY.  
Except as provided by Section 171.1102, an entity subject to the tax 
under this chapter shall add back to reportable federal taxable 
income any royalty payments, interest payments, and management fees 
made to a related party during the period on which earned surplus is 
based to the extent deducted in computing reportable federal 
taxable income.
	Sec. 171.1102.  SAFE HARBORS FOR CERTAIN PAYMENTS AND FEES.  
(a)  An entity subject to the tax under this chapter is not required 
to add back royalty payments to a related party to the extent:
		(1)  the related party during the period on which 
earned surplus is based directly or indirectly paid or incurred the 
amount to a person or entity that is not a related party, the 
transaction was done for a valid business purpose, and the payments 
were made at arm's length; or
		(2)  the royalty payments are paid or incurred to a 
related party organized under the laws of a foreign nation, are 
subject to a comprehensive income tax treaty between the foreign 
nation and the United States, and are taxed in the foreign nation at 
a tax rate equal to or greater than the rate under Section 
171.002(a)(2).
	(b)  An entity subject to the tax under this chapter is not 
required to add back interest payments to a related party to the 
extent:
		(1)  the interest is at or below the applicable federal 
rate compounded annually for debt instruments under Section 
1274(d), Internal Revenue Code, that was in effect at the time of 
the agreement; or
		(2)  the related party during the period on which 
earned surplus is based directly or indirectly paid or incurred the 
amount to a person or entity that is not a related party, the 
transaction was done for a valid business purpose, and the payments 
were made at arm's length.
	(c)  If an entity subject to tax under this chapter is 
required to add back royalty payments, interest payments, or 
management fees, the related entity receiving the royalty payments, 
interest payments, and management fees may deduct the payments to 
the extent included in the related party's federal taxable income.
	(d)  An entity subject to the tax under this chapter is not 
required to add back a management fee paid to a related party to the 
extent that the transaction was done for a valid business purpose 
and the fee was paid at arm's length.
	Sec. 171.1103.  ADJUSTMENT TO INCOME AND EXPENSES BY 
COMPTROLLER.  (a)  The comptroller may distribute, apportion, or 
allocate gross income, deductions, credits, or allowances between 
or among two or more organizations, trades, or businesses, whether 
or not incorporated, whether or not organized in the United States, 
and whether or not affiliated, if:
		(1)  the organizations, trades, or businesses are owned 
or controlled directly or indirectly by the same interests; and
		(2)  the comptroller determines that the distribution, 
apportionment, or allocation is necessary to reflect an arm's 
length standard, within the meaning of 26 C.F.R. Section 1.482-1, 
and to clearly reflect the income of those organizations, trades, 
or businesses.
	(b)  The comptroller shall apply the administrative and 
judicial interpretations of Section 482, Internal Revenue Code, in 
administering this section.
	SECTION 2C.03.  Subchapter E, Chapter 171, Tax Code, is 
amended by adding Section 171.213 to read as follows:
	Sec. 171.213.  REGISTRATION OF LIMITED PARTNERSHIPS.  (a)  
Each limited partnership doing business in this state shall file 
with the comptroller a disclosure that identifies each of its 
limited partners that owns at least a 20 percent interest in the 
partnership.
	(b)  The comptroller may adopt rules to implement this 
section.       
PART D.  TRANSITIONAL PROVISIONS
	SECTION 2D.01.  (a)  Except as otherwise provided by a part 
or a section of this article, this article takes effect September 1, 
2005, and applies to reports originally due on or after that date, 
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 article, except as otherwise provided by a 
part or a section of this article, takes effect on the first day of 
the first month that begins on or after the 91st day after the last 
day of the legislative session, and applies to reports originally 
due on or after that date.
	(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, 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, for which January 1, 2006, is not the beginning 
date, shall file, in lieu of an initial report, an annual report due 
May 15, 2006, based on the period:
			(A)  beginning on the later of:                                              
				(i)  January 1, 2005; or                                                    
				(ii)  the date the corporation was organized 
in this state or, if a foreign corporation, the date it would have 
been considered to begin doing business in this state if this Act 
had been in effect on January 1, 2005; and
			(B)  ending on the date the corporation's last 
accounting period ends in 2005 or, if none, on December 31, 2005; 
and
		(3)  a corporation subject to the earned surplus 
component of the franchise tax at any time after the effective date 
of this Act and before January 1, 2006, but not subject to the 
earned surplus component on January 1, 2006, shall file a final 
report computed on net taxable earned surplus, for the privilege of 
doing business at any time after the effective date of this Act and 
before January 1, 2006, based on the period:
			(A)  beginning on the later of:                                              
				(i)  January 1, 2005; or                                                    
				(ii)  the date the corporation was organized 
in this state or, if a foreign corporation, the date it would have 
been considered to begin doing business in this state if this Act 
had been in effect on January 1, 2005; and
			(B)  ending on the date the corporation became no 
longer subject to the earned surplus component of the tax.
PART E.  TEMPORARY CREDIT
	SECTION 2E.01.  Subchapter C, Chapter 171, Tax Code, is 
amended by adding Section 171.114 to read as follows:
	Sec. 171.114.  TEMPORARY CREDIT ON NET TAXABLE EARNED 
SURPLUS BEGINNING 2006.  (a)  Not later than March 1, 2006, a 
corporation may notify the comptroller in writing of its intent to 
preserve its right to take a credit in an amount allowed by this 
section on the tax due on net taxable earned surplus.  The 
comptroller may not grant an extension.  The corporation may 
thereafter elect to claim the credit for the current year and future 
years at or before the original due date of any report due after 
January 1, 2006, until the corporation revokes the election or this 
section expires, whichever is earlier.  A corporation may claim the 
credit for not more than 20 consecutive privilege periods beginning 
with the first report due under this chapter after January 1, 2006.  
A corporation may make only one election under this section and the 
election may not be conveyed, assigned, or transferred to another 
entity.
	(b)  The credit allowed under this section for any privilege 
period is computed by:
		(1)  determining the amount, as of the end of the 
corporation's accounting year ending in 2005, that is the 
difference between the basis used for financial accounting purposes 
and the basis used for federal income tax purposes as determined by 
the Internal Revenue Code of an asset or a liability that at some 
future date will reverse;
		(2)  apportioning the amount determined under 
Subdivision (1)   to this state in the same manner earned surplus 
is apportioned under Section 171.106, on the first report due on or 
after January 1, 2006;
		(3)  multiplying the amount determined under 
Subdivision (2) by five percent; and
		(4)  multiplying the amount determined under 
Subdivision (3) by the tax rate prescribed by 
Section 171.002(a)(2).
	(c)  In computing the amount under Subsection (b)(1), the 
corporation may not consider differences that result from deferred 
investment tax credits, allowances for funds used during 
construction, or any other timing difference for which a deferred 
tax liability is not required under generally accepted accounting 
principles.
	(d)  After making the election under Subsection (a) the 
corporation must, for purposes of computing its taxable capital 
under this chapter, use the same accounting methods under generally 
accepted accounting principles to account for the assets and 
liabilities that determine the amount of the credit that the 
corporation uses to compute the credit.  Notwithstanding Section 
171.109(e), if a corporation changes an accounting method for an 
asset or liability that determines, in whole or in part, the amount 
of the credit during the period the election is in effect, the 
election is automatically revoked.
	(e)  A corporation that notifies the comptroller of its 
intent to preserve its right to take a credit allowed by this 
section shall submit with its notice of intent a statement of the 
amount determined under Subsection (b)(1).  The comptroller may 
request that the corporation submit in the annual report for each 
succeeding privilege period in which the corporation is eligible to 
take a credit information relating to the amount determined under 
Subsection (b)(1).  The corporation shall submit in the form and 
content the comptroller requires any information relating to the 
assets and liabilities that determine the amount of the credit, the 
amount determined under Subsection (b)(1), or any other matter 
relevant to the computation of the credit for which the corporation 
is eligible.
	(f)  A credit allowed under this section may not be carried 
forward or backward or used to create a business loss carryover 
under Section 171.110.
	(g)  A corporation may not use a credit allowed under this 
section in connection with the computation of the corporation's tax 
on net taxable capital.
	(h)  In addition to the tax imposed by Section 171.002, an 
additional tax is imposed on each corporation during each year the 
corporation takes the credit allowed under this section.  The 
additional tax is equal to 0.2 percent of the corporation's net 
taxable capital per year of privilege period.
	(i)  This section expires September 1, 2026.                            
	(j)  This section applies only to a corporation that becomes 
subject to the franchise tax as a result of the application of 
Section 171.001(d)(3).
ARTICLE 3.  SALES AND USE TAXES
PART A.  STATE SALES AND USE TAXES
	SECTION 3A.01.  Section 151.009, Tax Code, is amended to 
read as follows:    
	Sec. 151.009.  "TANGIBLE PERSONAL PROPERTY."  "Tangible 
personal property" means personal property that can be seen, 
weighed, measured, felt, or touched or that is perceptible to the 
senses in any other manner, and, for the purposes of this chapter, 
the term includes a computer program, a license to use a computer 
program, and a telephone prepaid calling card.
	SECTION 3A.02.  Section 151.00394(b), Tax Code, is amended 
to read as follows:
	(b)  "Internet access service" does not include [and the 
exemption under Section 151.325 does not apply to] any other 
taxable service listed in Section 151.0101(a), unless the taxable 
service is provided in conjunction with and is merely incidental to 
the provision of Internet access service.
	SECTION 3A.03.  Subchapter A, Chapter 151, Tax Code, is 
amended by adding Section 151.0043 to read as follows:
	Sec. 151.0043.  "MOTOR VEHICLE REPAIR SERVICES."  (a)  
"Motor vehicle repair services" means the repair, remodeling, 
maintenance, or restoration of a motor vehicle, including testing 
or diagnostic services, body repair and painting, engine repair, 
transmission repair, exhaust system repair, brake repair, and air 
conditioning repair.
	(b)  "Motor vehicle repair services" does not include any 
vehicle emissions tests required by law, safety inspection tests 
required by law, and other similar tests required by law.
	SECTION 3A.04.  Section 151.0101(a), Tax Code, is amended to 
read as follows:
	(a)  "Taxable services" means:                                                 
		(1)  amusement services;                                                      
		(2)  cable television services;                                               
		(3)  personal services;                                                       
		(4)  motor vehicle parking and storage services;                              
		(5)  the repair, remodeling, maintenance, and 
restoration of tangible personal property, including motor vehicle 
repair services, except:
			(A)  aircraft;                                                               
			(B)  a ship, boat, or other vessel, other than:                              
				(i)  a taxable boat or motor as defined by 
Section 160.001;               
				(ii)  a sports fishing boat; or                                             
				(iii)  any other vessel used for pleasure; 
and                     
			(C)  [the repair, maintenance, and restoration of 
a motor vehicle; and
			[(D)] the [repair, maintenance,] creation[, and 
restoration] of a computer program, including its development [and 
modification, not sold by the person performing the repair, 
maintenance, creation, or restoration service];
		(6)  telecommunications services;                                             
		(7)  credit reporting services;                                               
		(8)  debt collection services;                                                
		(9)  insurance services;                                                      
		(10)  information services;                                                   
		(11)  real property services;                                                 
		(12)  data processing services;                                               
		(13)  real property repair and remodeling;                                    
		(14)  security services;                                                      
		(15)  telephone answering services;                                           
		(16)  Internet access service; and                                            
		(17)  a sale by a transmission and distribution 
utility, as defined in Section 31.002, Utilities Code, of 
transmission or delivery of service directly to an electricity 
end-use customer whose consumption of electricity is subject to 
taxation under this chapter.
	SECTION 3A.05.  Section 151.051(b), Tax Code, is amended to 
read as follows: 
	(b)  The sales tax rate is seven [6 1/4] percent of the sales 
price of the taxable item sold.
	SECTION 3A.06.  Section 151.419(b), Tax Code, is amended to 
read as follows: 
	(b)  The application must be accompanied with:                                 
		(1)  an agreement that is signed by the applicant or a 
responsible officer of an applicant corporation, that is in a form 
prescribed by the comptroller, and that provides that the applicant 
agrees to:
			(A)  accrue and pay all taxes imposed by 
Subchapter D [of this chapter] on the storage and use of all taxable 
items sold to or leased or rented by the permit holder unless the 
items are exempted from the taxes imposed by this chapter; and
			(B)  pay the imposed taxes monthly on or before 
the 20th day of the month following the end of each calendar month; 
[and
			[(C)  waive the discount permitted by Section 
151.423 of this code on the payment of all taxes under the direct 
payment permit only;]
		(2)  a description, in the amount of detail that the 
comptroller requires, of the accounting method by which the 
applicant proposes to differentiate between taxable and exempt 
transactions; and
		(3)  records establishing that the applicant is a 
responsible person who annually purchases taxable items that have a 
value when purchased of $800,000 or more excluding the value of 
taxable items for which resale certificates were or could have been 
given.
	SECTION 3A.07.  Sections 151.424(a) and (c), Tax Code, are 
amended to read as follows:
	(a)  A taxpayer who prepays the taxpayer's tax liability on 
the basis of a reasonable estimate of the tax liability for a 
quarter in which a prepayment is made or for a month in which a 
prepayment is made may deduct and withhold 1.25 percent of the 
amount of the prepayment [in addition to the amount permitted to be 
deducted and withheld under Section 151.423 of this code].  A 
reasonable estimate of the tax liability must be at least 90 percent 
of the tax ultimately due or the amount of tax paid in the same 
quarter, or month, if a monthly prepayer, in the last preceding 
year.  Failure to prepay a reasonable estimate of the tax will 
result in the loss of the entire prepayment discount.
	(c)  A taxpayer who prepays the tax liability as permitted by 
this section must file a report when due as provided by this 
chapter.  The amount of a prepayment made by a taxpayer under this 
section shall be credited against the amount of actual tax 
liability of the taxpayer as shown on the tax report of the 
taxpayer.  If there is a tax liability owed by the taxpayer in 
excess of the prepayment credit, the taxpayer shall send to the 
comptroller the remaining tax liability at the time of filing the 
quarterly or monthly report.  [The taxpayer is entitled to the 
deduction permitted under Section 151.423 of this code on the 
amount of the remaining tax liability.]
	SECTION 3A.08.  Section 151.425, Tax Code, is amended to 
read as follows:    
	Sec. 151.425.  FORFEITURE OF DISCOUNT OR REIMBURSEMENT.  If 
a taxpayer fails to file a report required by this chapter when due 
or to pay the tax when due, the taxpayer forfeits any claim to a 
[deduction or] discount allowed under [Section 151.423 or] Section 
151.424 [of this code].
	SECTION 3A.09.  Section 151.428(c), Tax Code, is amended to 
read as follows: 
	(c)  The reporting, collection, refund, and penalty 
provisions of this chapter and Subtitle B [of this title] apply to 
the payments required by this section, except that Section
[Sections 151.423 and] 151.424 does [of this code do] not apply to 
this section.
	SECTION 3A.10.  Section 152.047(a), Tax Code, is amended to 
read as follows: 
	(a)  Except as inconsistent with this chapter and rules 
adopted under this chapter, the seller of a motor vehicle shall 
report and pay the tax imposed on a seller-financed sale to the 
comptroller on the seller's receipts from seller-financed sales in 
the same manner as the sales tax is reported and paid by a retailer 
under Sections 151.401, 151.402, 151.405, 151.406, 151.409, 
[151.423,] 151.424, and 151.425.
	SECTION 3A.11.  Sections 151.325 and 151.423, Tax Code, are 
repealed.        
	SECTION 3A.12.  There are exempted from the taxes imposed by 
Chapter 151, Tax Code, the receipts from the sale, use, storage, 
rental, or other consumption in this state of services that became 
subject to the taxes because of the terms of this part and that are 
the subject of a written contract or bid entered into on or before 
September 1, 2005.  The exemption provided by this section applies 
only if the taxpayer, not later than November 1, 2005, gives to the 
comptroller an electronic or paper copy of the contract or bid on 
which the exemption is claimed.  The exemption provided by this 
section expires October 1, 2007.
	SECTION 3A.13.  (a)  Except as otherwise provided by this 
section, 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 on the first day of the first month 
that begins on or after the 91st day after the last day of the 
legislative session.
	(b)  Section 151.051(b), Tax Code, as amended by this part, 
takes effect October 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, Section 
151.051(b), Tax Code, takes effect January 1, 2006.
PART B.  MOTOR VEHICLE SALES AND USE TAX
	SECTION 3B.01.  Section 152.002, Tax Code, is amended by 
adding Subsection (f) to read as follows:
	(f)  Notwithstanding Subsection (a), the total consideration 
of a used motor vehicle is the amount on which the tax is computed as 
provided by Section 152.0412.
	SECTION 3B.02.  Section 152.021(b), Tax Code, is amended to 
read as follows: 
	(b)  The tax rate is seven [6 1/4] percent of the total 
consideration.
	SECTION 3B.03.  Section 152.022(b), Tax Code, is amended to 
read as follows: 
	(b)  The tax rate is seven [6 1/4] percent of the total 
consideration.
	SECTION 3B.04.  Section 152.026(b), Tax Code, is amended to 
read as follows: 
	(b)  The tax rate is 10 percent of the gross rental receipts 
from the rental of a rented motor vehicle for 30 days or less and 
seven [6 1/4] percent of the gross rental receipts from the rental 
of a rented motor vehicle for longer than 30 days.
	SECTION 3B.05.  Section 152.028(b), Tax Code, is amended to 
read as follows: 
	(b)  The tax rate is seven [6 1/4] percent of the total 
consideration.
	SECTION 3B.06.  Section 152.041(a), Tax Code, is amended to 
read as follows: 
	(a)  The tax assessor-collector of the county in which an 
application for registration or for a Texas certificate of title is 
made shall collect taxes imposed by this chapter, subject to 
Section 152.0412, unless another person is required by this chapter 
to collect the taxes.
	SECTION 3B.07.  Subchapter C, Chapter 152, Tax Code, is 
amended by adding Section 152.0412 to read as follows:
	Sec. 152.0412.  STANDARD PRESUMPTIVE VALUE; USE BY TAX 
ASSESSOR-COLLECTOR.  (a)  In this section, "standard presumptive 
value" means the average retail value of a motor vehicle as 
determined by the Texas Department of Transportation, based on a 
nationally recognized motor vehicle industry reporting service.
	(b)  If the amount paid for a motor vehicle subject to the tax 
imposed by this chapter is equal to or greater than the standard 
presumptive value of the vehicle, a county tax assessor-collector 
shall compute the tax on the amount paid.
	(c)  If the amount paid for a motor vehicle subject to the tax 
imposed by this chapter is less than the standard presumptive value 
of the vehicle, a county tax assessor-collector shall compute the 
tax on the standard presumptive value unless the purchaser 
establishes the retail value of the vehicle as provided by 
Subsection (d).
	(d)  A county tax assessor-collector shall compute the tax 
imposed by this chapter on the retail value of a motor vehicle if:
		(1)  the retail value is shown on an appraisal 
certified by an adjuster licensed under Chapter 4101, Insurance 
Code, or by a motor vehicle dealer operating under Subchapter B, 
Chapter 503, Transportation Code;
		(2)  the appraisal is on a form prescribed by the 
comptroller for that purpose; and
		(3)  the purchaser of the vehicle obtains the appraisal 
not later than the 20th day after the date of purchase.
	(e)  On request, a motor vehicle dealer operating under 
Subchapter B, Chapter 503, Transportation Code, shall provide a 
certified appraisal of the retail value of a motor vehicle.  The 
comptroller by rule shall establish a fee that a dealer may charge 
for providing the certified appraisal.  The county tax 
assessor-collector shall retain a copy of a certified appraisal 
received under this section for a period prescribed by the 
comptroller.
	(f)  The Texas Department of Transportation shall maintain 
information on the standard presumptive values of motor vehicles as 
part of the department's registration and title system.  The 
department shall update the information at least quarterly each 
calendar year.
	(g)  This section does not apply to a transaction described 
by Section 152.024 or 152.025.
	SECTION 3B.08.  Not later than December 1, 2005, the Texas 
Department of Transportation shall:
		(1)  establish standard presumptive values for motor 
vehicles as provided by Section 152.0412, Tax Code, as added by this 
part;
		(2)  modify the department's registration and title 
system as needed to include that information and administer that 
section; and
		(3)  make that information available through the system 
to all county tax assessor-collectors.
	SECTION 3B.09.  (a)  Except as provided by Subsection (b) of 
this section, 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 on the first day of the first month 
that begins on or after the 91st day after the last day of the 
legislative session.
	(b)  Section 152.0412, Tax Code, as added by this part, takes 
effect December 1, 2005.
PART C.  BOAT AND BOAT MOTOR SALES AND USE TAX
	SECTION 3C.01.  Section 160.021(b), Tax Code, is amended to 
read as follows: 
	(b)  The tax rate is seven [6 1/4] percent of the total 
consideration.
	SECTION 3C.02.  Section 160.022(b), Tax Code, is amended to 
read as follows: 
	(b)  The tax rate is seven [6 1/4] percent of the total 
consideration.
	SECTION 3C.03.  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 on the first day of the 
first month that begins on or after the 91st day after the last day 
of the legislative session.
ARTICLE 4.  CIGARETTE AND TOBACCO PRODUCTS TAXES
	SECTION 4.01.  Section 154.021(b), Tax Code, is amended to 
read as follows:  
	(b)  The tax rates are:                                                        
		(1)  $70.50 [$20.50] per thousand on cigarettes 
weighing three pounds or less per thousand; and
		(2)  the rate provided by Subdivision (1) plus $2.10 
per thousand on cigarettes weighing more than three pounds per 
thousand.
	SECTION 4.02.  Section 155.021(b), Tax Code, is amended to 
read as follows:  
	(b)  The tax rates are:                                                        
		(1)  1.25 cents [one cent] per 10 or fraction of 10 on 
cigars weighing three pounds or less per thousand;
		(2)  $9.375 [$7.50] per thousand on cigars that:      
			(A)  weigh more than three pounds per thousand; 
and                        
			(B)  sell at factory list price, exclusive of any 
trade discount, special discount, or deal, for 3.3 cents or less 
each;
		(3)  $13.75 [$11] per thousand on cigars that:        
			(A)  weigh more than three pounds per thousand;                              
			(B)  sell at factory list price, exclusive of any 
trade discount, special discount, or deal, for more than 3.3 cents 
each; and
			(C)  contain no substantial amount of nontobacco 
ingredients; and          
		(4)  $18.75 [$15] per thousand on cigars that:        
			(A)  weigh more than three pounds per thousand;                              
			(B)  sell at factory list price, exclusive of any 
trade discount, special discount, or deal, for more than 3.3 cents 
each; and
			(C)  contain a substantial amount of nontobacco 
ingredients.               
	SECTION 4.03.  Section 155.0211(b), Tax Code, is amended to 
read as follows: 
	(b)  The tax rate for tobacco products other than cigars is 
40 [35.213] percent of the manufacturer's list price, exclusive of 
any trade discount, special discount, or deal.
	SECTION 4.04.  This article 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 article takes effect on the first day of 
the first month that begins on or after the 91st day after the last 
day of the legislative session.
ARTICLE 5.  COLLECTION OF DELINQUENT OBLIGATIONS TO STATE
	SECTION 5.01.  Section 403.019(c), Government Code, is 
amended to read as follows:
	(c)  A contract under this section is not valid unless 
approved by the attorney general.  The attorney general shall 
approve a contract if the attorney general determines that the 
contract complies with the requirements of this section, that the 
contract does not conflict with any contract formed under Section 
2107.003(b), and that the contract [and] is in the best interest of 
the state.  No judicial action by any person on behalf of the state 
under a contract authorized and approved by this section may be 
brought unless approved by the attorney general.
	SECTION 5.02.  Section 2107.003, Government Code, is amended 
to read as follows:
	Sec. 2107.003.  COLLECTION BY ATTORNEY GENERAL, 
COMPTROLLER, OR OUTSIDE AGENT.  (a)  Except as provided by Section 
2107.004 [Subsection (c)], a state agency shall report an 
uncollected and delinquent obligation to [request] the attorney 
general for collection.  The state agency must report the 
obligation on or before the 120th day after the date the obligation 
becomes past due or delinquent [to collect an obligation before the 
agency may employ, retain, or contract with a person other than a 
full-time employee of the state agency to collect the obligation].
	(b)  The attorney general:                                              
		(1)  shall provide legal services for collection of the 
obligation;  
		(2)  may authorize the requesting state agency to 
employ, retain, or contract, subject to approval by the attorney 
general, with one or more persons to collect the obligation; or
		(3)  if the attorney general determines it to be 
economical and in the best interest of the state, may contract with 
one or more persons [a person other than a full-time employee of the 
agency] to collect the [an] obligation [that the attorney general 
cannot collect].
	(c)  The comptroller may employ, retain, or contract with a 
person other than a full-time state employee to collect delinquent 
obligations that are owed the comptroller in the comptroller's 
official capacity, are not collected through normal collection 
procedures, and do not meet the guidelines adopted for collection 
by the attorney general.  A proposed contract under this subsection 
shall be reviewed by the attorney general and may include a 
collection fee computed on the amounts collected under the 
contract.
	(d)  The agency contracting under Subsection (b) is entitled 
to recover from the obligor, in addition to the amount of the 
obligation, the costs incurred in undertaking the collection, 
including the costs of a contract under this section.  The obligor 
is liable for costs of recovery under this section in an amount 
equal to not more than 30 percent of the sum of the amount of the 
obligation and any penalty and interest due on the obligation.
	(e)  A contract formed under Subsection (b) must provide for 
the compensation due to the contractor.  The amount of the 
compensation shall be equal to not more than 30 percent of the sum 
of the collected amount of:
		(1)  the obligation;                                                   
		(2)  any penalty; and                                                  
		(3)  any interest.                                                     
	(f)  A contract formed under Subsection (b) or (c) may permit 
or require the contractor to pursue a judicial action to collect the 
amount of the obligation in a proper court in or outside of this 
state.
	(g)  In a suit in a Texas state court brought by a contractor 
to collect an obligation under this section, the state is not:
		(1)  required to post security for costs;                              
		(2)  liable for costs; and                                             
		(3)  liable for fees for:                                              
			(A)  service of process;                                              
			(B)  attorneys ad litem;                                              
			(C)  arbitration; or                                                  
			(D)  mediation.                                                       
	(h)  Notwithstanding any other law, an amount collected 
under a contract formed under Subsection (b), including the costs 
of recovery and court costs or other costs, shall be deposited to 
the credit of the general revenue fund.  The contracting agency 
shall pay the compensation due under the contract to the contractor 
and shall pay to the applicable court any court costs collected.
	(i)  The contracting agency shall require a person 
contracting under Subsection (b) to post a bond or other security in 
an amount the contracting agency determines is sufficient to cover 
all revenue or other property of the state that is expected to come 
into the possession or control of the contractor in the course of 
providing contract services.
	(j)  A person who contracts under Subsection (b) is an agent 
of this state for purposes of determining priority of a claim to be 
collected under the contract with respect to claims of other 
creditors.  The contractor does not exercise any sovereign power of 
the state.
	(k)  The contracting state agency may provide a person 
contracting under Subsection (b) any information, including 
confidential information, that the agency is not prohibited from 
sharing under an agreement with another state or with the United 
States and that is:
		(1)  in the custody of the agency holding the claim; and               
		(2)  necessary to the collection of the obligation.                    
	(l)  A person acting under a contract formed under Subsection 
(b) or (c) and each employee or agent of that person are subject to 
all prohibitions against the disclosure of confidential 
information obtained from the contracting agency, the reporting 
state agency, or their employees.  A contractor or the contractor's 
employee or agent who discloses confidential information in 
violation of the prohibition is subject to the same penalties for 
that disclosure as would apply to the contracting agency or its 
employees.
	(m)  The contracting agency shall require a person who 
contracts under Subsection (b) to obtain and maintain insurance 
adequate to provide reasonable coverage for damages negligently, 
recklessly, or intentionally caused by the contractor or the 
contractor's employee or agent in the course of collecting an 
obligation under the contract and to protect this state from 
liability for those damages.  The state is not liable for and may 
not indemnify a person acting under a contract under Subsection (b) 
for damages negligently, recklessly, or intentionally caused by the 
contractor or the contractor's employee or agent in the course of 
collecting an obligation under the contract.
	(n)  In addition to grounds for termination provided by the 
contract terms, the attorney general or the contracting agency, as 
applicable, may terminate a contract formed under Subsection (b) if 
the contractor or the contractor's employee or agent:
		(1)  violates the federal Fair Debt Collection 
Practices Act (15 U.S.C. Section 1692 et seq.);
		(2)  discloses confidential information to a person not 
authorized to receive the information; or
		(3)  performs any act that results in a final judgment 
for damages against this state.
	SECTION 5.03.  Section 2254.102(c), Government Code, is 
amended to read as follows:
	(c)  This subchapter does not apply to a contract:                      
		(1)  with an agency to collect an obligation under 
Section 2107.003(b); or
		(2)  for legal services entered into by an institution 
of higher education under Section 153.006, Education Code.
	SECTION 5.04.  Except as otherwise provided by this Act, 
this article takes effect immediately 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 immediate effect, this article takes 
effect on the 91st day after the last day of the legislative 
session.
ARTICLE 6.  UNCLAIMED PROPERTY
	SECTION 6.01.  Subchapter H, Chapter 74, Property Code, is 
amended by adding Section 74.7085 to read as follows:
	Sec. 74.7085.  HEARING.  (a)  If, after an examination of 
records under Section 74.702, the comptroller determines that a 
person holds unclaimed property that should have been delivered to 
the comptroller as provided by this chapter, the person may 
petition the comptroller for a hearing on that determination and on 
the imposition of any interest or penalty resulting from that 
determination.
	(b)  A person must file a petition for a hearing with the 
comptroller under this section not later than the 30th day after the 
date the determination is made.  If a petition for a hearing is not 
filed before the expiration of the period provided by this 
subsection, the determination is final on the expiration of that 
period.
	(c)  At the time a person files a petition for a hearing under 
Subsection (b), the person must pay to the comptroller a hearing fee 
in the amount of $50, which the comptroller shall use for the 
purpose of administering hearings under this section.
	SECTION 6.02.  Subchapter A, Chapter 74, Property Code, is 
amended by adding Section 74.002 to read as follows:
	Sec. 74.002.  SINGLE BUSINESS ENTERPRISE DOCTRINE 
INAPPLICABLE.  The single business enterprise doctrine does not 
apply to this chapter.
	SECTION 6.03.  The change in law made by Section 74.7085, 
Property Code, as added by this article, applies only to a 
determination by the comptroller made on or after the effective 
date of this Act.  A determination by the comptroller made before 
the effective date of this Act is governed by the law in effect on 
the date the determination was made, and the former law is continued 
in effect for that purpose.
	SECTION 6.04.  Section 74.002, Property Code, as added by 
this article, is intended only to clarify existing law with respect 
to Chapter 74, Property Code.
ARTICLE 7.  TEXAS ECONOMIC DEVELOPMENT ACT
	SECTION 7.01.  Section 313.007, Tax Code, is amended to read 
as follows:     
	Sec. 313.007.  EXPIRATION.  Subchapters B, C, and D expire 
December 31, 2011 [2007].
	SECTION 7.02.  Section 313.024(a), Tax Code, is amended to 
read as follows:  
	(a)  This subchapter and Subchapters C and D apply only to 
property owned by an entity [a corporation or limited liability 
company] to which Chapter 171 [Section 171.001] applies.
	SECTION 7.03.  Section 313.024(b), Tax Code, as amended by 
House Bill No. 2201, Acts of the 79th Legislature, Regular Session, 
2005, is amended to read as follows:
	(b)  To be eligible for a limitation on appraised value under 
this subchapter, the entity [corporation or limited liability 
company] must use the property in connection with:
		(1)  manufacturing;                                                           
		(2)  research and development;                                                
		(3)  a clean coal project, as defined by Section 5.001, 
Water Code;         
		(4)  a gasification project for a coal and biomass 
mixture; or              
		(5)  renewable energy electric generation.                                    
	SECTION 7.04.  Section 313.025(b), Tax Code, is amended to 
read as follows:  
	(b)  The governing body of a school district is not required 
to consider an application for a limitation on appraised value that 
is filed with the governing body under Subsection (a).  If the 
governing body of the school district does elect to consider an 
application, the governing body shall request that the Texas 
Education Agency [engage a third person to] conduct an economic 
impact evaluation of the application on behalf of the school 
district, and that agency shall conduct the evaluation as soon as 
practicable.  The governing body shall provide to the Texas 
Education Agency any information requested by that agency.  The 
Texas Education Agency may develop a methodology to allow 
comparisons of economic impact for different schedules of addition 
of qualified investment or qualified property as part of the 
economic impact evaluation.  The economic impact evaluation of the 
Texas Education Agency is binding on the governing body of the 
school district and the applicant.  The governing body shall 
provide a copy of the evaluation to the applicant on request.  The 
Texas Education Agency may charge and collect a fee sufficient to 
cover the costs of providing the economic impact evaluation.  The 
governing body of a school district shall [and] approve or 
disapprove an application before the 121st day after the date the 
application is filed, unless the Texas Education Agency's economic 
impact evaluation has not been received or an extension is agreed to 
by the governing body and the applicant.
	SECTION 7.05.  Section 313.051, Tax Code, is amended to read 
as follows:     
	Sec. 313.051.  APPLICABILITY.  (a)  This subchapter applies 
only to a school district that has territory in:
		(1)  a strategic investment area, as defined by Section 
171.721; [, Tax Code,] or
		(2)  [in] a county:                                   
			(A) [(1)]  that has a population of less than 
50,000;
			(B) [(2)]  that is not partially or wholly located 
in a metropolitan statistical area; and
			(C) [(3)]  in which, from 1990 to 2000, according 
to the federal decennial census, the population:
				(i) [(A)]  remained the same;                       
				(ii) [(B)]  decreased; or                           
				(iii) [(C)]  increased, but at a rate of not 
more than three percent per annum.
	(a-1)  Notwithstanding Subsection (a), if on January 1, 
2002, this subchapter applied to a school district in whose 
territory is located a federal nuclear facility, this subchapter 
continues to apply to the school district regardless of whether the 
school district ceased or ceases to be described by Subsection (a) 
after that date.
	(b)  The governing body of a school district to which this 
subchapter applies may enter into an agreement in the same manner as 
a school district to which Subchapter B applies may do so under 
Subchapter B, subject to Sections 313.052-313.054.  Except as 
otherwise provided by this subchapter, the provisions of Subchapter 
B apply to a school district to which this subchapter applies.  For 
purposes of this subchapter, a property owner is required to create 
only at least 10 new jobs on the owner's qualified property.  At 
least 80 percent of all the new jobs created must be qualifying jobs 
as defined by Section 313.021(3), except that, for a school 
district described by Subsection (a)(2), each qualifying job must 
pay at least 110 percent of the average weekly wage for 
manufacturing jobs in the region designated for the regional 
planning commission, council of governments, or similar regional 
planning agency created under Chapter 391, Local Government Code, 
in which the district is located.
	SECTION 7.06.  Section 313.051(b), Tax Code, as amended by 
this article, applies only to a limitation on the appraised value 
for school district maintenance and operations ad valorem tax 
purposes for which the owner files an application on or after the 
effective date of this Act.  A limitation on the appraised value for 
school district maintenance and operations ad valorem tax purposes 
for which the owner files an application before the effective date 
of this Act is governed by the law as it existed immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.
ARTICLE 8.  APPROPRIATION TO THE COMPTROLLER
	SECTION 8.01.  There is appropriated to the comptroller of 
public accounts the amount of $3,360,466 in fiscal year 2006 and 
$2,395,656 in fiscal year 2007 from the general revenue fund for 
implementation of the provisions of this Act, including systems 
modifications, taxpayer education, media costs, printing costs, 
and postage.
ARTICLE 9.  EFFECTIVE DATE
	SECTION 9.01.  (a)  Except as provided by Subsection (b) of 
this section, this Act 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 Act takes effect on the 91st day after the last day of the 
legislative session.
	(b)  If a section, part, or article of this Act provides a 
different effective date than provided by Subsection (a) of this 
section, that section, part, or article takes effect according to 
its terms.