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Floor Packet Page No. 83
Amend CSHB 3 by striking SECTION 19 and substituting a new
SECTION 19 to read as follows:
SECTION 19. (a) The comptroller shall require the entities
specified by this section to file an information report in the
manner provided by this section. The information report is
confidential and exempt from disclosure under Chapter 552,
Government Code.
(b) The information report required under this section must
contain the same information that an entity required to file the
report would have submitted in its report due to the comptroller in
2006 under Chapter 171, Tax Code, if the changes made by this Act to
Chapter 171, Tax Code, had been in effect January 1, 2006. The
information report shall also contain the total of maintenance and
operations school property taxes paid by the entity to school
districts in Texas in the 2005, 2006, and 2007 tax years. The
comptroller shall provide the forms and instructions to the
entities required to file a report under this section.
(c) The comptroller shall take action to revoke the charter,
as that term is defined by Section 171.0001, Tax Code, as added by
this Act, of an entity that does not file an information return in
the manner and under the time limits provided by this section.
(d) The comptroller shall identify and require the
following entities to file an information report under this
section:
(1) the 1,000 entities that paid or are required to pay
the most franchise tax for the annual reporting period ending
December 31, 2005, under Chapter 171, Tax Code, as that chapter
existed on the effective date of this section;
(2) the 1,000 entities doing business in this state
that had the greatest amount of gross receipts in 2005, as
determined under Sections 171.105 and 171.1051, Tax Code, as those
sections existed on the effective date of this section; and
(3) the 1,000 entities doing business in this state
with the greatest number of employees in this state, according to
records maintained by the Texas Workforce Commission, in 2005; and
(4) the 1,000 entities doing business in this state
with the greatest school maintenance-and-operations property tax
levy in this state, according to records maintained or collected
for this purpose by the Property Tax Division of the Office of the
Comptroller, in 2005;
(e) An entity may be listed in one or more of the categories
under Subsection (d) of this section. An entity that is listed more
than once is required by this section to file only one information
return.
(f) The comptroller:
(1) shall identify the entities described by
Subsection (d) of this section;
(2) shall prepare all forms and instructions required
for those entities to file their information reports as required by
this section;
(3) shall provide those forms and instructions to
those entities on or after November 15, 2006, but before December 2,
2006;
(4) shall require the entities to submit their
information reports on or before February 15, 2007 and February 15,
2008;
(5) may not grant any extensions for filing the
information reports; and
(6) shall report to the governor, the lieutenant
governor, and the members of the legislature, on or before April 1,
2007 and April 1, 2008, the results of the information reports,
stating the amount of revenue generated by the tax under Chapter
171, Tax Code, in each year, the amount that would have been
generated from the entities submitting information reports under
this section if the changes made by this Act to Chapter 171, Tax
Code, had been in effect January 1, 2006, and the school maintenance
and operations property taxes paid by the entities in the 2005,
2006, and 2007 tax years.
(g) The report required under Subsection (f)(6) of this
section may not be formatted in a manner or include any information
that discloses or effectively discloses the specific identity of a
reporting entity.
(h) This section takes effect as provided by Section 23 of
this Act.