79S31151 KLA-D

By:  Keffer of Eastland                                           H.B. No. 131


A BILL TO BE ENTITLED
AN ACT
relating to authority of certain enterprise projects to receive franchise tax credits for job creation and capital investment. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 171.751, Tax Code, is amended by adding Subdivision (5-a) and amending Subdivisions (8) and (9) to read as follows: (5-a) "Enterprise project" means a person designated as an enterprise project under Chapter 2303, Government Code. (8) "Qualified business" means an establishment: (A) primarily engaged in agricultural processing, central administrative offices, distribution, data processing, manufacturing, research and development, or warehousing; or (B) that has been designated as an enterprise project under Chapter 2303, Government Code, and approved as a triple jumbo enterprise project, as described by Section 2303.407, Government Code, on or after September 1, 2004, and on or before November 30, 2004. (9) "Qualifying job" means: (A) a new permanent full-time job that: (i) [(A)] is located in: (a) [(i)] a strategic investment area; or (b) [(ii)] a county within this state with a population of less than 50,000, if the job is created by a business primarily engaged in agricultural processing; (ii) [(B)] requires at least 1,600 hours of work a year; (iii) [(C)] pays at least 110 percent of the county average weekly wage for the county where the job is located; (iv) [(D)] is covered by a group health benefit plan for which the business pays at least 80 percent of the premiums or other charges assessed under the plan for the employee; (v) [(E)] is not transferred from one area in this state to another area in this state; and (vi) [(F)] is not created to replace a previous employee; or (B) a new permanent full-time job created by an enterprise project at a qualified business site, as defined by Section 2303.003(6-a), Government Code, regardless of whether the job meets the qualifications prescribed by Paragraph (A). SECTION 2. Section 171.752, Tax Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) Subject to Subsection (c), a [A] corporation is eligible for a credit against the tax imposed under this chapter if the corporation: (1) is a qualified business as defined in Section 171.751; (2) creates a minimum of 10 qualifying jobs; and (3) pays an average weekly wage, for the year in which credits are claimed, of at least 110 percent of the county average weekly wage for the county where the qualifying jobs are located. (c) In addition to any state benefit available under Chapter 2303, Government Code, a corporation that has been designated as an enterprise project is eligible for a credit under this subchapter against the tax imposed under this chapter only if: (1) the corporation meets the requirements specified by Subsection (a); and (2) the corporation was: (A) designated as an enterprise project on or after September 1, 2004; and (B) approved as a triple jumbo enterprise project as described by Section 2303.407, Government Code, on or after September 1, 2004, and on or before November 30, 2004. SECTION 3. Subchapter P, Chapter 171, Tax Code, is amended by adding Section 171.7542 to read as follows: Sec. 171.7542. LENGTH OF CREDIT. (a) This section applies only to a corporation that was designated as an enterprise project on or after September 1, 2004, and approved as a triple jumbo enterprise project, as described by Section 2303.407, Government Code, on or after September 1, 2004, and on or before November 30, 2004. (b) Notwithstanding Section 171.753 and subject to Section 171.755, a corporation to which this section applies may establish a credit equal to 25 percent of the total wages and salaries paid by the corporation for qualifying jobs created during the period beginning on the date the project is designated as an enterprise project through the ending date used to determine net taxable earned surplus for the report on which the credit is claimed. (c) Notwithstanding Subsection (b), the corporation may claim: (1) on the first report originally due on or after September 1, 2006, a credit for the total amount of wages and salaries paid by the corporation for qualifying jobs created during the period on which earned surplus is based for the report; and (2) on each subsequent report originally due before January 1, 2010, a credit equal to 25 percent of the total wages and salaries paid by the corporation for qualifying jobs created during the period on which earned surplus is based for the report. SECTION 4. Section 171.801(2), Tax Code, is amended to read as follows: (2) "Qualified capital investment" means tangible personal property first placed in service in a strategic investment area, [or] first placed in service in a county with a population of less than 50,000 by a corporation primarily engaged in agricultural processing, or first placed in service by an enterprise project at a qualified business site, as defined by Section 2303.003(6-a), Government Code, and that is described in Section 1245(a), Internal Revenue Code, such as engines, machinery, tools, and implements used in a trade or business or held for investment and subject to an allowance for depreciation, cost recovery under the accelerated cost recovery system, or amortization. The term does not include real property or buildings and their structural components. Property that is leased under a capitalized lease is considered a "qualified capital investment," but property that is leased under an operating lease is not considered a "qualified capital investment." Property expensed under Section 179, Internal Revenue Code, is not considered a "qualified capital investment." SECTION 5. Section 171.8015, Tax Code, is amended to read as follows: Sec. 171.8015. TANGIBLE PERSONAL PROPERTY FIRST PLACED IN SERVICE BY [IN] AN ENTERPRISE PROJECT [ZONE]. For purposes of determining whether an investment is a "qualified capital investment" under Section 171.801, "tangible personal property first placed in service by [in] an enterprise project [zone]" includes tangible personal property: (1) purchased [by a qualified business] for placement in an incomplete improvement that is under active construction or other physical preparation by an enterprise project that was designated as an enterprise project on or after September 1, 2004, and approved as a triple jumbo enterprise project, as described by Section 2303.407, Government Code, on or after September 1, 2004, and on or before November 30, 2004; (2) identified by a purchase order, invoice, billing, sales slip, or contract; and (3) physically present at the enterprise project's qualified business site, as defined by Section 2303.003(6-a), Government Code, [zone] and in use by the enterprise project on the original due date of the report on which the credit is established [qualified business not later than September 30, 2005]. SECTION 6. Section 171.802, Tax Code, is amended by adding Subsection (d-1) to read as follows: (d-1) In addition to any state benefit available under Chapter 2303, Government Code, a corporation designated as an enterprise project may qualify for the credit provided by this subchapter only if the corporation was designated as an enterprise project on or after September 1, 2004, and approved as a triple jumbo enterprise project, as described by Section 2303.407, Government Code, on or after September 1, 2004, and on or before November 30, 2004. The corporation may qualify for the credit provided by this subchapter regardless of whether the corporation meets the qualifications prescribed by Subsection (b). SECTION 7. Section 171.804, Tax Code, is amended to read as follows: Sec. 171.804. LENGTH OF CREDIT. (a) Except as provided by Subsection (b), the [The] credit established shall be claimed in five equal installments of one-fifth the credit amount over the five consecutive reports beginning with the report based upon the period during which the qualified capital investment was made. (b) This subsection applies only to a corporation that was designated as an enterprise project on or after September 1, 2004, and approved as a triple jumbo enterprise project, as described by Section 2303.407, Government Code, on or after September 1, 2004, and on or before November 30, 2004. Notwithstanding Section 171.803 and subject to Section 171.805, a corporation to which this subsection applies may establish a credit equal to 7.5 percent of the qualified capital investment made during the period beginning on the date the project is designated as an enterprise project through the ending date used to determine net taxable earned surplus for the report. (c) Notwithstanding Subsection (b), a corporation described by Subsection (b) may claim: (1) on the first report originally due on or after September 1, 2006, a credit for the entire amount of qualified capital investment made during the period on which earned surplus is based for the report; and (2) on each subsequent report originally due before January 1, 2010, a credit equal to 7.5 percent of the qualified capital investment made during the period on which earned surplus is based for the report. SECTION 8. This Act takes effect September 1, 2006.