84R5931 ADM-D By: Workman H.B. No. 1047 A BILL TO BE ENTITLED AN ACT relating to a franchise tax credit for entities that employ certain students in certain paid internship or similar programs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 171, Tax Code, is amended by adding Subchapter O to read as follows: SUBCHAPTER O. TAX CREDIT FOR PAID INTERNSHIPS GIVEN TO CERTAIN HIGH SCHOOL STUDENTS Sec. 171.801. DEFINITIONS. In this subchapter: (1) "Commission" means the Texas Workforce Commission. (2) "Eligible internship program" means a paid internship or similar program that: (A) meets the requirements of rules adopted by the commission under Section 171.806; and (B) is part of: (i) the curriculum requirements for an endorsement under Section 28.025(c-1), Education Code; or (ii) a course of study in a nontraditional secondary education that is substantially similar, under rules adopted by the commissioner of education under Section 171.805, to the curriculum requirements described by Subparagraph (i). (3) "Eligible student" means a high school student who has reached the minimum age required under Chapter 51, Labor Code, to legally work in the eligible internship program. (4) "Nontraditional secondary education" means a course of study at the secondary school level in a nonaccredited private school setting, including a home school. Sec. 171.802. ENTITLEMENT TO CREDIT. A taxable entity is entitled to a credit in the amount and under the conditions provided by this subchapter against the tax imposed under this chapter. Sec. 171.803. QUALIFICATION. A taxable entity qualifies for a credit under this subchapter for each eligible student who completes an eligible internship program offered by the taxable entity. Sec. 171.804. AMOUNT; LIMITATIONS. (a) The amount of the credit is $1,000 for each eligible student who completes an eligible internship program offered by the taxable entity. (b) A taxable entity may claim the credit only for an eligible internship program offered by the taxable entity that is located or based in this state. Sec. 171.805. COMMISSIONER OF EDUCATION RULES. The commissioner of education shall adopt rules to determine, for a student receiving a nontraditional secondary education, if the student's course of study is substantially similar to the curriculum requirements for an endorsement described by Section 28.025(c-1), Education Code. Sec. 171.806. COMMISSION RULES. The commission shall adopt rules providing the requirements that an internship or similar program must meet to be considered an eligible internship program under this subchapter. Sec. 171.807. 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 promulgate a form for the application for the credit. A taxable entity must use the form in applying for the credit. Sec. 171.808. PERIOD FOR WHICH CREDIT MAY BE CLAIMED. A taxable entity may claim a credit under this subchapter against the tax owed for a privilege period only in connection with an eligible student who completes an eligible internship program during the privilege period. SECTION 2. A taxable entity may claim the credit under Subchapter O, Chapter 171, Tax Code, as added by this Act, only in connection with an eligible student who completes an eligible internship program on or after the effective date of this Act and only on a franchise tax report due under Chapter 171, Tax Code, on or after January 1, 2016. SECTION 3. This Act takes effect January 1, 2016.