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Floor Packet Page No. 24
Amend CSHB 3 on page 15, between lines 6 and 7, by inserting
the following SECTION:
SECTION 1A. (a) This section takes effect only if the
constitutional amendment proposed by the 79th Legislature, 3rd
Called Session, 2006, requiring that any increase in the rate of the
franchise tax be approved by two-thirds of all the members elected
to each house of the legislature, is approved by the voters. If
that amendment is not approved by the voters, this section has no
effect.
(b) Subchapter A, Chapter 171, Tax Code, is amended by
adding Section 171.003 to read as follows:
Sec. 171.003. INCREASE IN RATE REQUIRES TWO-THIRDS VOTE.
(a) An increase in a rate provided by Section 171.002(a) or (b)
takes effect only if the legislation proposing the increase is
passed by a record vote of two-thirds of all the members elected to
each house of the legislature on final consideration of that
legislation in each house.
(b) This section does not apply to a decrease in a rate
provided by Section 171.002(a) or (b). If a rate is decreased, this
section applies to any subsequent increase in that rate.
(c) This section does not apply to any change in the tax
imposed by this chapter in relation to:
(1) the manner in which the tax is computed, including
the determination of margin and taxable margin and any allowable
deductions or credits;
(2) the manner in which the tax is administered or
enforced; or
(3) the applicability of the tax to certain entities.