81R5433 JE-D
 
  By: Jackson, Mike S.B. No. 732
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a franchise tax credit for employers that allow
  employees to telecommute.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 171, Tax Code, is amended by adding
  Subchapter K to read as follows:
  SUBCHAPTER K.  TAX CREDIT FOR EMPLOYERS WITH CERTAIN TELECOMMUTING
  EMPLOYEES
         Sec. 171.601.  DEFINITIONS. In this subchapter:
               (1)  "Qualified employee" means a person who:
                     (A)  has a written agreement with a taxable entity
  that is the person's employer defining the duties of the taxable
  entity and person with respect to a job allowing the person to
  telecommute;
                     (B)  has a predetermined schedule with the taxable
  entity of when the person will telecommute; and
                     (C)  telecommutes at least 24 hours in a work
  week.
               (2)  "Telecommute" means using telecommunications
  technology to work from an employee's residence.
         Sec. 171.602.  ELIGIBILITY. A taxable entity is eligible
  for a credit against the tax imposed under this chapter for a period
  in the amount and under the conditions provided by this subchapter.
         Sec. 171.603.  COMPUTATION OF CREDIT; LIMITATIONS. (a)
  Except as provided by Subsection (b), the total amount of the credit
  to which a taxable entity is entitled under this subchapter for a
  period is computed by:
               (1)  determining the total number of qualified
  employees the taxable entity had each week in a period; and
               (2)  multiplying the result of Subdivision (1) by $25.
         (b)  The total credit claimed under this subchapter for a
  period may not exceed the total amount of franchise tax due for the
  report after any other applicable tax credits.
         Sec. 171.604.  APPLICATION FOR CREDIT. (a) A taxable entity
  must apply for a credit under this subchapter on or with the tax
  report for the period for which the credit is claimed.
         (b)  The comptroller shall adopt a form for the application
  for the credit. A taxable entity must use this form in applying for
  the credit.
         SECTION 2.  This Act applies only to a report originally due
  on or after the effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2010.