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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a business entity to receive a credit |
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against the ad valorem taxes imposed by a school district on the |
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business entity's property in exchange for donating equipment to |
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the school district to be used in a course that may lead to a |
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commercial driver's license or commercial learner's permit and |
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providing that such a course may satisfy public high school |
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graduation requirements for electives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.025(b-17), Education Code, is amended |
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to read as follows: |
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(b-17) The State Board of Education shall adopt rules to |
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ensure that a student may comply with the curriculum requirements |
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under Subsection (b-1)(6) by successfully completing: |
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(1) an advanced career and technical course, including |
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a course that may lead to an industry-recognized credential or |
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certificate or an associate degree; or |
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(2) a course that may lead to a commercial driver's |
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license or commercial learner's permit issued under Chapter 522, |
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Transportation Code. |
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SECTION 2. Chapter 31, Tax Code, is amended by adding |
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Section 31.038 to read as follows: |
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Sec. 31.038. TAX CREDIT FOR DONATION TO SUPPORT COURSE |
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RELATED TO COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S |
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PERMIT. (a) In this section: |
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(1) "Business entity" means a legal entity, including |
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a corporation or partnership, that is formed for the purpose of |
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making a profit. |
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(2) "Principal office" means the location where the |
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decision makers for a business entity conduct the daily affairs of |
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the business. |
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(b) An owner of property is entitled to a credit against the |
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taxes imposed in a tax year on that property by a school district if |
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the owner: |
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(1) is a business entity whose principal office is |
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located in this state; and |
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(2) with the approval of the school district, donates |
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a vehicle or equipment to the school district for use in a course |
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described by Section 28.025(b-17)(2), Education Code. |
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(c) The amount of the credit to which a property owner is |
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entitled under this section against the taxes imposed in a tax year |
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on the property by a school district is equal to the total value of |
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the vehicles or equipment described by Subsection (b) that the |
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property owner donated to the school district during the preceding |
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12-month period. |
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(d) If the amount of the credit to which a property owner is |
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entitled under this section in any tax year exceeds the amount of |
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tax imposed on the property in that tax year by a school district, |
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the excess amount may be carried forward and credited against the |
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taxes imposed in subsequent tax years. A property owner may |
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receive a credit under this section against the taxes imposed by the |
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school district until the earlier of: |
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(1) the first tax year in which the aggregate amount of |
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the credits received equals the value of the donated vehicle or |
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equipment; or |
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(2) the first tax year after the 10th tax year in which |
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the property owner receives the credit. |
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(e) For each year in which the property owner donates a |
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vehicle or equipment to a school district, the property owner must |
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file an application with the chief appraiser of the appraisal |
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district in which the property is located to receive a credit under |
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this section. The application must include an affidavit stating |
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the value of the donations made by the property owner during the |
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preceding 12-month period and include any relevant information or |
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documentation required by the application form. |
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(f) The chief appraiser shall forward a copy of the |
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application to the comptroller. For purposes of determining the |
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amount of the credit, the comptroller shall determine the value of a |
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vehicle or equipment donated under this section. The comptroller |
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may: |
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(1) consider the value submitted by the property owner |
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under Subsection (e); and |
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(2) set the value of the donated vehicle or equipment |
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in an amount the comptroller considers appropriate. |
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(g) The comptroller shall adopt rules for the |
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implementation and administration of this section, including |
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rules: |
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(1) prescribing the form of an application for the |
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credit and specifying the 12-month period during which donations |
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may be used to calculate the credit; and |
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(2) related to determining the value of vehicles and |
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equipment donated under this section. |
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SECTION 3. Section 28.025(b-17), Education Code, as amended |
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by this Act, applies beginning with the 2023-2024 school year. |
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SECTION 4. Section 31.038, Tax Code, as added by this Act, |
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applies only to ad valorem taxes imposed for a tax year beginning on |
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or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |