88R3300 CJD-D
 
  By: Oliverson H.B. No. 1280
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the determination of compensation and reporting
  requirements for the franchise tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 171.1013, Tax Code, is amended by adding
  Subsection (b-2) to read as follows:
         (b-2)  Notwithstanding Subsections (b) and (b-1) and subject
  to Section 171.1014, a taxable entity that elects to subtract
  compensation for the purpose of computing its taxable margin under
  Section 171.101 may not subtract the cost of health care benefits
  provided to the entity's officers, directors, owners, partners, or
  employees, if:
               (1)  the health care benefits include coverage for
  items or services that facilitate access to abortion, including
  travel vouchers; or
               (2)  the entity provides sick leave as a benefit to the
  entity's officers, directors, owners, partners, or employees for
  purposes of procuring an abortion or for a recovery period
  following an abortion.
         SECTION 2.  Section 171.201(a), Tax Code, is amended to read
  as follows:
         (a)  Except as provided by Section 171.2022, a taxable entity
  on which the franchise tax is imposed shall file an initial report
  with the comptroller containing:
               (1)  financial information of the taxable entity
  necessary to compute the tax under this chapter;
               (2)  the name and address of:
                     (A)  each officer, director, and manager of the
  taxable entity;
                     (B)  for a limited partnership, each general
  partner;
                     (C)  for a general partnership or limited
  liability partnership, each managing partner or, if there is not a
  managing partner, each partner; or
                     (D)  for a trust, each trustee;
               (3)  the name and address of the agent of the taxable
  entity designated under Section 171.354;
               (3-a)  a certification as to whether the taxable entity
  provides health care benefits that include the coverage described
  by Section 171.1013(b-2) or sick leave described by that
  subsection; and
               (4)  other information required by the comptroller.
         SECTION 3.  Section 171.202(a), Tax Code, is amended to read
  as follows:
         (a)  Except as provided by Section 171.2022, a taxable entity
  on which the franchise tax is imposed shall file an annual report
  with the comptroller containing:
               (1)  financial information of the taxable entity
  necessary to compute the tax under this chapter;
               (2)  the name and address of each officer and director
  of the taxable entity;
               (3)  the name and address of the agent of the taxable
  entity designated under Section 171.354;
               (3-a)  a certification as to whether the taxable entity
  provides health care benefits that include the coverage described
  by Section 171.1013(b-2) or sick leave described by that
  subsection; and
               (4)  other information required by the comptroller.
         SECTION 4.  This Act applies only to a report originally due
  on or after the effective date of this Act.
         SECTION 5.  This Act takes effect January 1, 2024.