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Amend the Rose Amendment to CSHB 3 by striking the text of the
amendment and substituting the following:
Amend CSHB 3 as follows:
(1) On page 1, line 16, strike "$1.00" and substitute
"$.997".
(2) On page 1, line 19, strike "$1.00" and substitute
"$.997".
(3) On page 1, line 21, strike "$1.00." and substitute
"$.997."
(4) On page 1, line 24, strike "$0.50" and substitute
"$.503".
(5) In Article 2 of the bill, as amended by the Keffer
Amendment, add the following Sections to Chapter 251, Tax Code, as
added by the Keffer Amendment:
Sec. 251.0195. PROVISIONS APPLICABLE TO CERTAIN BUSINESSES.
(a) Notwithstanding Section 251.019, a business that may owe
insurance premium taxes under Subtitle B, Title 3, Insurance Code,
is not entitled to a credit of the taxes paid under this chapter
against any tax imposed on those gross receipts.
(b) A tax paid under this chapter by a taxable business that
may owe insurance premium taxes under Subtitle B, Title 3,
Insurance Code, is considered a disallowed expense for purposes of
Article 5.13-2, Insurance Code, and may not be included by the
taxable business in determining insurance rates or premiums.
(6) Add the following appropriately numbered SECTIONS to
Article 2 of the bill as amended by the Keffer Amendment:
SECTION 2.__. Subchapter A, Chapter 171, Tax Code, is
amended by adding Section 171.006 to read as follows:
Sec. 171.006. DISALLOWED EXPENSE FOR CERTAIN TAXABLE
BUSINESSES. A tax paid under this chapter by a taxable business that
may owe insurance premium taxes under Subtitle B, Title 3,
Insurance Code, is considered a disallowed expense for purposes of
Article 5.13–2, Insurance Code, and may not be included by the
taxable business in determining insurance rates or premiums.
SECTION 2.__. Section 203.001, Insurance Code, as effective
April 1, 2005, is amended by adding Subsection (d) to read as
follows:
(d) This section does not prohibit the imposition of a tax
imposed by Chapter 171 or 251, Tax Code, unless a specific exemption
for insurers or health maintenance organizations is provided in
those chapters.
SECTION 2. __. The following provisions of the Tax Code are
repealed:
(1) Sections 171.052, 171.0525, and 171.0527; and
(2) Subchapter U, Chapter 171, as added by Chapters 209 and
1274, Acts of the 78th Legislature, Regular Session, 2003.