HBA-MPM H.B. 99 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 99
By: Howard
Public Education
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there are no tax incentives for corporations that make
contributions to nonprofit scholarship funding organizations and public
schools.  H.B. 99 allows corporations who make contributions to these
entities to take a tax credit. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 171, Tax Code, by adding Subchapter N, as
follows: 

SUBCHAPTER N.  TAX CREDIT FOR CERTAIN CONTRIBUTIONS TO NONPROFIT
SCHOLARSHIP FUNDING ORGANIZATIONS AND PUBLIC SCHOOLS 

Sec.  171.701.  PURPOSE.  Sets forth the purpose and legislative intent.

Sec. 171.702.  DEFINITIONS.  Defines "eligible school" as a public or
nonpublic primary or secondary school that offers a general education to
primary or secondary students, that does not discriminate based on certain
factors, and that is located in Texas.  Defines "nonprofit scholarship
funding organization" as a charitable organization exempted from federal
tax under Section 501(a), Internal Revenue Code (Exemption from Tax on
Corporations, Certain Trusts, etc.; Exemption from Taxation), by being
listed as an exempt organization under Section 501(c)(3) of the code, and
that allocates at least 90 percent of annual revenue to scholarships for
tuition, transportation, and textbook expenses to children enrolled in an
eligible school. 

Sec. 171.703.  CREDIT.  Entitles a corporation to a tax credit if the
corporation meets the eligibility requirements set forth in this
subchapter. 

Sec. 171.704.  CREDIT FOR CERTAIN CONTRIBUTIONS TO A NONPROFIT SCHOLARSHIP
FUNDING ORGANIZATION OR PUBLIC SCHOOL.  Entitles a corporation to a credit
for the amount of money the corporation gives to a nonprofit scholarship
funding organization or public school only if the contribution is used for
tuition, transportation, or textbook expenses for children enrolled in
eligible schools, and if the corporation does not designate a specific
child as the beneficiary of the contribution. 

Sec.  171.705.  LIMITATION.  Limits the total credit claimed during a
privilege period to 75 percent of the net franchise tax due for that period
after all other tax credits for contributions to nonprofit scholarship
funding are claimed, and a maximum of five percent of the net franchise tax
due for that period after all other tax credits for contributions to public
schools are claimed. 

Sec. 171.706.  APPLICATION FOR CREDIT.  Specifies that a corporation must
apply for a credit on or with the tax report for the period the credit is
claimed.  Requires the  comptroller of public accounts of the State of
Texas (comptroller) to promulgate a form for the application of the credit,
and requires a corporation to use this form when applying for credit.
Requires the comptroller to prescribe the form and manner of proof required
for a corporation to obtain the credit. 

Sec. 171.707.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  Authorizes a
corporation to claim a credit for a contribution during an accounting
period only against the tax owed for the corresponding privilege period.
Specifies that a contribution that exceeds the limitations set forth in
Section 171.705 does not carry forward or backward and may not be used to
create a business loss carryover. 

Sec. 171.708.  TRANSFER OF CREDIT.  Prohibits a corporation from conveying,
assigning, or transferring the credit to another entity unless all of the
corporation's assets are similarly conveyed, assigned, or transferred in
the same transaction. 

SECTION 2.  Provides that the provisions of this Act are not severable.  If
any provision of this Act is held to be invalid, the entire Act is invalid. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  January 1, 2000.

SECTION 5.  Emergency clause.