| 1 | 1 | | 81R2969 CBH-D |
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| 2 | 2 | | By: Anderson H.J.R. No. 30 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment requiring any increase in a |
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| 7 | 7 | | rate of the franchise tax be approved by two-thirds of all the |
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| 8 | 8 | | members elected to each house of the legislature. |
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| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article VIII, Texas Constitution, is amended by |
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| 11 | 11 | | adding Section 25 to read as follows: |
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| 12 | 12 | | Sec. 25. (a) A bill increasing a rate of the franchise tax |
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| 13 | 13 | | per year of privilege period of taxable margin above the |
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| 14 | 14 | | corresponding rate provided by Chapter 1 (H.B. 3), Acts of the 79th |
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| 15 | 15 | | Legislature, 3rd Called Session, 2006, may take effect only if |
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| 16 | 16 | | passed by a record vote of two-thirds of all the members elected to |
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| 17 | 17 | | each house of the legislature on final consideration in each house. |
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| 18 | 18 | | (b) This section applies to an increase in a rate of the |
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| 19 | 19 | | franchise tax as it applies to any taxable entity, including a |
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| 20 | 20 | | taxable entity primarily engaged in retail or wholesale trade. |
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| 21 | 21 | | (c) This section does not apply to a bill that decreases a |
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| 22 | 22 | | rate of the franchise tax. If a rate of the franchise tax is |
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| 23 | 23 | | decreased, this section applies to any subsequent increase in that |
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| 24 | 24 | | rate. |
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| 25 | 25 | | (d) This section does not apply to a bill that amends: |
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| 26 | 26 | | (1) the manner in which the franchise tax is computed, |
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| 27 | 27 | | including the determination of margin and taxable margin and any |
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| 28 | 28 | | allowable deductions or credits; |
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| 29 | 29 | | (2) the manner in which the franchise tax is |
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| 30 | 30 | | administered or enforced; or |
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| 31 | 31 | | (3) the applicability of the franchise tax to certain |
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| 32 | 32 | | entities. |
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| 33 | 33 | | SECTION 2. This proposed constitutional amendment shall be |
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| 34 | 34 | | submitted to the voters at an election to be held November 3, 2009. |
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| 35 | 35 | | The ballot shall be printed to provide for voting for or against the |
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| 36 | 36 | | proposition: "The constitutional amendment requiring any increase |
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| 37 | 37 | | in a rate of the franchise tax be approved by two-thirds of all the |
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| 38 | 38 | | members elected to each house of the legislature." |
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