Texas 2015 - 84th Regular

Texas Senate Bill SB642 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5321 BEF-F
2	2	By: Bettencourt S.B. No. 642
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a franchise or insurance premium tax credit for
8	8	contributions made to certain educational assistance
9	9	organizations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 171, Tax Code, is amended by adding
12	12	Subchapter K to read as follows:
13	13	SUBCHAPTER K. TAX CREDIT FOR CONTRIBUTIONS TO CERTAIN EDUCATIONAL
14	14	ASSISTANCE ORGANIZATIONS
15	15	Sec. 171.551. DEFINITION. In this subchapter, "educational
16	16	assistance organization" means an organization that:
17	17	(1) has the ability according to the organization's
18	18	charter, to award scholarships to or pay educational expenses for
19	19	eligible students in:
20	20	(A) public elementary or secondary schools
21	21	located in this state; or
22	22	(B) nonpublic elementary or secondary schools
23	23	located in this state:
24	24	(i) that meet the requirements of Section
25	25	171.553;
26	26	(ii) at which a student may fulfill this
27	27	state's compulsory attendance requirements; and
28	28	(iii) that are not in violation of the
29	29	federal Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.);
30	30	and
31	31	(2) uses part of its annual revenue for the purpose
32	32	provided by Subdivision (1).
33	33	Sec. 171.552. ELIGIBILITY REQUIREMENTS FOR CERTIFICATION
34	34	OF EDUCATIONAL ASSISTANCE ORGANIZATION. (a) An organization may
35	35	apply to the comptroller for certification as a certified
36	36	educational assistance organization.
37	37	(b) To be eligible for certification, the organization:
38	38	(1) must:
39	39	(A) be exempt from federal tax under Section
40	40	501(a) of the Internal Revenue Code by being listed as an exempt
41	41	organization in Section 501(c)(3) of that code;
42	42	(B) be in good standing with the state;
43	43	(C) be located in the state;
44	44	(D) allocate at least 90 percent of its annual
45	45	revenue from contributions that are designated for scholarships or
46	46	educational expense assistance for eligible students under this
47	47	subchapter for student scholarships and assistance for educational
48	48	expenses, including tuition, transportation, textbooks, and other
49	49	supplies, and for other related educational expense assistance as
50	50	described by this section;
51	51	(E) award scholarships and assistance for
52	52	qualifying educational expenses to eligible students who
53	53	demonstrate the greatest financial and academic need;
54	54	(F) give each donor a receipt for money
55	55	contributed to the organization that includes the name of the
56	56	organization, the name of the donor, the amount of the
57	57	contribution, the information required by Section 171.556(c), and
58	58	any other information required by the comptroller;
59	59	(G) demonstrate experience and technical
60	60	expertise in:
61	61	(i) accepting, processing, and tracking
62	62	applications for scholarships or educational expense assistance;
63	63	and
64	64	(ii) awarding scholarships to students in
65	65	primary or secondary schools;
66	66	(H) agree to be independently audited on an
67	67	annual basis and file the audit with the comptroller; and
68	68	(I) disburse within two academic years of receipt
69	69	contributions received from and designated by taxable entities for
70	70	scholarships or educational expense assistance under this
71	71	subchapter; and
72	72	(2) may not:
73	73	(A) award all scholarships under this subchapter
74	74	to students who attend a particular school or pay educational
75	75	expenses incurred only at a particular school;
76	76	(B) provide to a student a scholarship in an
77	77	annual amount that exceeds the amount provided under Section
78	78	171.557(a) unless the money used to provide the portion of the
79	79	scholarship in excess of that amount was contributed by a person
80	80	other than an entity that notifies the organization under Section
81	81	171.556(c) that the entity may apply for a tax credit for the
82	82	contribution; and
83	83	(C) provide to a student educational expense
84	84	assistance in excess of the amount provided under Section
85	85	171.557(b) per academic year, including assistance for:
86	86	(i) facility fees;
87	87	(ii) textbooks;
88	88	(iii) school supplies;
89	89	(iv) tutoring;
90	90	(v) academic after-school programs;
91	91	(vi) school or lab fees;
92	92	(vii) before-school or after-school child
93	93	care; and
94	94	(viii) transportation expenses, including
95	95	the cost to transfer from one public school to another.
96	96	(c) The comptroller may certify as a certified educational
97	97	assistance organization an organization that applies under
98	98	Subsection (a) if the organization meets the requirements of
99	99	Subsection (b). The comptroller has broad discretion in determining
100	100	whether to grant or deny an application for certification.
101	101	(d) The comptroller shall notify an organization in writing
102	102	of the comptroller's decision to grant or deny the application
103	103	under Subsection (a). If the comptroller denies an organization's
104	104	application, the comptroller shall include in the notice of denial
105	105	the reasons for the comptroller's decision.
106	106	(e) If the comptroller denies an organization's application
107	107	under Subsection (a), the organization may request in writing a
108	108	reconsideration of the application not later than the 10th day
109	109	after the date of the notice under Subsection (d). If the
110	110	organization does not request a reconsideration of the application
111	111	on or before that date, the comptroller's decision is final.
112	112	(f) An organization that requests a reconsideration under
113	113	Subsection (e) may submit to the comptroller not later than the 30th
114	114	day after the date the request for reconsideration is submitted
115	115	additional information and documents to support the organization's
116	116	request for reconsideration.
117	117	(g) The comptroller's reconsideration of an application
118	118	under this section is not a contested case under Chapter 2001,
119	119	Government Code. The comptroller's decision on a request for
120	120	reconsideration of an application is final and is not appealable.
121	121	(h) This section does not create a cause of action to
122	122	contest a decision of the comptroller to deny an application for
123	123	certification as a certified educational assistance organization.
124	124	Sec. 171.553. NONPUBLIC SCHOOL REQUIREMENTS. A certified
125	125	educational assistance organization may not award scholarships to
126	126	or pay educational expenses for eligible students enrolled in a
127	127	nonpublic school unless the nonpublic school executes a notarized
128	128	affidavit, with supporting documents, concerning the school's
129	129	qualification for scholarships and educational expense assistance
130	130	for eligible students who receive assistance from a certified
131	131	educational assistance organization, including evidence of:
132	132	(1) accreditation or of actively being in the process
133	133	of accreditation by the Texas Education Agency or by an
134	134	organization recognized by the Texas Private School Accreditation
135	135	Commission;
136	136	(2) annual administration of a nationally
137	137	norm-referenced assessment instrument or the appropriate
138	138	assessment instrument required under Section 39.023, Education
139	139	Code;
140	140	(3) valid certificate of occupancy; and
141	141	(4) policy statements regarding:
142	142	(A) admissions;
143	143	(B) curriculum;
144	144	(C) safety;
145	145	(D) food service inspection; and
146	146	(E) student to teacher ratios.
147	147	Sec. 171.554. ELIGIBILITY. A taxable entity may apply for a
148	148	credit against the tax imposed under this chapter in the amount and
149	149	under the conditions and limitations provided by this subchapter.
150	150	The comptroller shall award credits as provided by Section 171.559.
151	151	Sec. 171.555. ELIGIBILITY OF STUDENTS; INCLUSION IN
152	152	CALCULATION OF EQUALIZED WEALTH LEVEL. (a) To be eligible to apply
153	153	for assistance from a certified educational assistance
154	154	organization under this subchapter, a student must be assigned to
155	155	attend a public school campus with an enrollment of more than 100
156	156	students located in a county with a population greater than 50,000
157	157	and:
158	158	(1) the student:
159	159	(A) must:
160	160	(i) be in foster care;
161	161	(ii) be in institutional care; or
162	162	(iii) have a household income not greater
163	163	than 200 percent of the income guidelines necessary to qualify for
164	164	the national free or reduced-price lunch program established under
165	165	42 U.S.C. Section 1751 et seq.; and
166	166	(B) must:
167	167	(i) have been enrolled in a public school
168	168	during the preceding school year;
169	169	(ii) be starting school in the state for the
170	170	first time;
171	171	(iii) be the sibling of a student who is
172	172	eligible; or
173	173	(iv) if the person attends a nonpublic
174	174	school, qualify as a student who is not counted toward a public
175	175	school's average daily attendance during the year in which the
176	176	student receives the scholarship or educational expense assistance
177	177	to attend the school, except as provided by Subsection (c); or
178	178	(2) the student must have previously qualified under
179	179	Subdivision (1).
180	180	(b) A certified educational assistance organization shall
181	181	award scholarships and educational expense assistance to eligible
182	182	students who apply in accordance with this subchapter.
183	183	(c) A student who receives a scholarship under this
184	184	subchapter is included in the weighted average daily attendance of
185	185	the school district the student would otherwise attend for purposes
186	186	of determining the district's equalized wealth level under Chapter
187	187	41, Education Code.
188	188	Sec. 171.556. CREDIT FOR CONTRIBUTIONS. (a) A taxable
189	189	entity may apply for a credit under this subchapter only for money
190	190	contributed to a certified educational assistance organization and
191	191	designated for scholarships or educational expense assistance for
192	192	eligible students.
193	193	(b) A taxable entity may not apply for a credit under this
194	194	subchapter for a contribution made to a certified educational
195	195	assistance organization if:
196	196	(1) the taxable entity requires that the contribution
197	197	benefit a particular person or school; or
198	198	(2) the contribution is designated to provide a
199	199	scholarship or educational expense assistance for a taxable entity
200	200	employee or for a spouse or dependent of a taxable entity employee.
201	201	(c) An entity shall notify a certified educational
202	202	assistance organization in writing when the entity makes a
203	203	contribution if the entity may apply for a tax credit under this
204	204	subchapter or Chapter 230, Insurance Code, for the contribution. An
205	205	entity may not apply for a credit for the contribution unless the
206	206	entity provides the notification at the time the contribution is
207	207	made. The certified educational assistance organization shall
208	208	indicate on the receipt provided under Section 171.552(b)(1)(F)
209	209	that the entity made the notification under this subsection.
210	210	Sec. 171.557. LIMIT ON AMOUNT OF SCHOLARSHIP OR EDUCATIONAL
211	211	EXPENSE ASSISTANCE. (a) The maximum scholarship amount a
212	212	certified educational assistance organization may award to a
213	213	student under this subchapter using money contributed by an entity
214	214	that notifies the organization under Section 171.556(c) that the
215	215	entity may apply for a tax credit for the contribution may not
216	216	exceed 75 percent of the amount of funding equal to the statewide
217	217	average amount to which a school district would be entitled under
218	218	the Foundation School Program under Chapter 42, Education Code, for
219	219	a student in average daily attendance.
220	220	(b) The maximum educational expense assistance a certified
221	221	educational assistance organization may award to a student under
222	222	this subchapter may not exceed $500 for the 2016 state fiscal year,
223	223	increased by five percent each subsequent year.
224	224	Sec. 171.558. AMOUNTS; LIMITATION ON TOTAL CREDITS. (a)
225	225	Subject to Subsections (b) and (c), the amount of a taxable entity's
226	226	annual credit is equal to the lesser of the amount of the qualifying
227	227	contributions made by the taxable entity or 50 percent of the
228	228	taxable entity's tax liability under this chapter.
229	229	(b) For the 2016 state fiscal year, the total amount of tax
230	230	credits that may be awarded under this subchapter and Chapter 230,
231	231	Insurance Code, may not exceed $100 million. For each subsequent
232	232	state fiscal year, the total amount of tax credits that may be
233	233	awarded is an amount equal to 105 percent of the total amount of tax
234	234	credits that may be awarded in the previous state fiscal year.
235	235	(c) The comptroller by rule shall prescribe procedures by
236	236	which the comptroller may allocate credits under this subchapter.
237	237	The procedures must provide that credits are allocated on a
238	238	first-come, first-served basis, based on the date the contribution
239	239	was initially made.
240	240	(d) The comptroller may require a taxable entity to notify
241	241	the comptroller of the amount the taxable entity intends or expects
242	242	to apply for under this subchapter before the beginning of a state
243	243	fiscal year or at any other time required by the comptroller.
244	244	Sec. 171.559. APPLICATION FOR CREDIT. (a) A taxable entity
245	245	must apply for a credit under this subchapter on or with the tax
246	246	report for the period.
247	247	(b) The comptroller shall adopt a form for the application
248	248	for the credit. A taxable entity must use this form in applying for
249	249	the credit and submit with the application the receipt issued under
250	250	Section 171.552(b)(1)(F), including the information required by
251	251	Section 171.556(c).
252	252	(c) The comptroller may award a credit to a taxable entity
253	253	that applies for the credit under Subsection (a) if the taxable
254	254	entity is eligible for the credit and the credit is available under
255	255	Section 171.558(b). The comptroller has broad discretion in
256	256	determining whether to grant or deny an application for a credit.
257	257	(d) The comptroller shall notify a taxable entity in writing
258	258	of the comptroller's decision to grant or deny the application
259	259	under Subsection (a). If the comptroller denies a taxable entity's
260	260	application, the comptroller shall include in the notice of denial
261	261	the reasons for the comptroller's decision.
262	262	(e) If the comptroller denies a taxable entity's
263	263	application under Subsection (a), the taxable entity may request in
264	264	writing a reconsideration of the application not later than the
265	265	10th day after the date of the notice under Subsection (d). If the
266	266	taxable entity does not request a reconsideration of the
267	267	application on or before that date, the comptroller's decision is
268	268	final.
269	269	(f) A taxable entity that requests a reconsideration under
270	270	Subsection (e) may submit to the comptroller not later than the 30th
271	271	day after the date the request for reconsideration is submitted
272	272	additional information and documents to support the taxable
273	273	entity's request for reconsideration.
274	274	(g) The comptroller's reconsideration of an application
275	275	under this section is not a contested case under Chapter 2001,
276	276	Government Code. The comptroller's decision on a request for
277	277	reconsideration of an application is final and is not appealable.
278	278	(h) This section does not create a cause of action to
279	279	contest a decision of the comptroller to deny an application for a
280	280	credit under this subchapter.
281	281	Sec. 171.560. RULES; PROCEDURES. (a) The comptroller
282	282	shall adopt rules and procedures to implement, administer, and
283	283	enforce this subchapter.
284	284	(b) A rule adopted under Subsection (a) is binding on an
285	285	organization that applies for certification as an educational
286	286	assistance organization, a taxable entity that applies for a
287	287	credit, and a state or local governmental entity, including a
288	288	political subdivision, as necessary to implement, administer, and
289	289	enforce this subchapter.
290	290	Sec. 171.561. ASSIGNMENT PROHIBITED; EXCEPTION. A taxable
291	291	entity may not convey, assign, or transfer the credit allowed under
292	292	this subchapter to another taxable entity unless all assets of the
293	293	taxable entity are conveyed, assigned, or transferred in the same
294	294	transaction.
295	295	Sec. 171.562. REVOCATION. (a) The comptroller shall
296	296	revoke a certification provided under Section 171.552 if the
297	297	comptroller finds that a certified educational assistance
298	298	organization:
299	299	(1) is no longer eligible under Section 171.552; or
300	300	(2) intentionally and substantially violates this
301	301	subchapter.
302	302	(b) The comptroller has broad discretion in determining
303	303	whether to revoke a certification under Subsection (a).
304	304	(c) The comptroller shall notify a certified educational
305	305	assistance organization in writing of the comptroller's decision to
306	306	revoke the organization's certification. If the comptroller
307	307	revokes an organization's certification, the comptroller shall
308	308	include in the notice of revocation the reasons for the revocation.
309	309	(d) If the comptroller revokes a certified educational
310	310	assistance organization's certification under Subsection (a), the
311	311	organization may request in writing a reconsideration of the
312	312	revocation not later than the 10th day after the date of the notice
313	313	under Subsection (c) or the revocation is final.
314	314	(e) An organization that requests a reconsideration under
315	315	Subsection (d) may submit to the comptroller not later than the 30th
316	316	day after the date the request for reconsideration is submitted
317	317	additional information and documents to support the organization's
318	318	request for reconsideration.
319	319	(f) The comptroller's reconsideration of a revocation under
320	320	this section is not a contested case under Chapter 2001, Government
321	321	Code. The comptroller's decision on a request for reconsideration
322	322	of a revocation is final and is not appealable.
323	323	(g) This section does not create a cause of action to
324	324	contest a decision of the comptroller to revoke a certified
325	325	educational assistance organization's certification under this
326	326	subchapter.
327	327	(h) Revocation of a certification under this section does
328	328	not affect the validity of a tax credit relating to a contribution
329	329	made before the date of revocation.
330	330	Sec. 171.563. REPORT OF NET SAVINGS TO PUBLIC EDUCATION.
331	331	(a) In this section, "net savings" means any positive difference in
332	332	a state fiscal year between:
333	333	(1) the amount by which state spending on public
334	334	education for that year is reduced as a result of students receiving
335	335	scholarships and educational expense assistance from certified
336	336	educational assistance organizations under this subchapter; and
337	337	(2) the amount by which state revenue derived from
338	338	this chapter and Chapter 230, Insurance Code, is reduced as a result
339	339	of tax credits under this subchapter and Chapter 230, Insurance
340	340	Code.
341	341	(b) Not later than December 31 of each even-numbered year,
342	342	the comptroller shall determine the amount of net savings for the
343	343	previous state fiscal biennium and make available to the public a
344	344	report of that amount of savings.
345	345	SECTION 2. Subtitle B, Title 3, Insurance Code, is amended
346	346	by adding Chapter 230 to read as follows:
347	347	CHAPTER 230. CREDIT AGAINST PREMIUM TAXES
348	348	FOR CERTAIN CONTRIBUTIONS
349	349	SUBCHAPTER A. GENERAL PROVISIONS
350	350	Sec. 230.001. DEFINITIONS. In this chapter:
351	351	(1) "Educational assistance organization" has the
352	352	meaning assigned by Section 171.551, Tax Code.
353	353	(2) "State premium tax liability" means any liability
354	354	incurred by an entity under Chapters 221 through 226.
355	355	SUBCHAPTER B. CREDIT
356	356	Sec. 230.051. CREDIT. An entity may apply for a credit
357	357	against the entity's state premium tax liability in the amount and
358	358	under the conditions and limitations provided by this chapter. The
359	359	comptroller shall award credits as provided by Section 230.053.
360	360	Sec. 230.052. AMOUNTS; LIMITATION ON TOTAL CREDITS. (a)
361	361	Subject to Subsections (b) and (c), the amount of an entity's credit
362	362	is equal to the lesser of the amount of the qualifying contributions
363	363	made to a certified educational assistance organization or 50
364	364	percent of the entity's state premium tax liability if the
365	365	contributions and the organizations that received the
366	366	contributions meet the requirements prescribed by Subchapter K,
367	367	Chapter 171, Tax Code.
368	368	(b) For the 2016 state fiscal year, the total amount of tax
369	369	credits that may be awarded under this chapter and Subchapter K,
370	370	Chapter 171, Tax Code, may not exceed $100 million. For each
371	371	subsequent state fiscal year, the total amount of tax credits that
372	372	may be awarded is an amount equal to 105 percent of the total amount
373	373	of tax credits that may be applied for in the previous state fiscal
374	374	year.
375	375	(c) The comptroller by rule shall prescribe procedures by
376	376	which the comptroller may allocate credits under this chapter. The
377	377	procedures must provide that credits are allocated on a first-come,
378	378	first-served basis, based on the date the contribution was
379	379	initially made.
380	380	(d) The comptroller may require an entity to notify the
381	381	comptroller of the amount the entity intends or expects to apply for
382	382	under this chapter before the beginning of a state fiscal year or at
383	383	any other time required by the comptroller.
384	384	Sec. 230.053. APPLICATION FOR CREDIT. (a) An entity must
385	385	apply for a credit under this chapter on or with the tax return for
386	386	the taxable year and submit with the application the receipt issued
387	387	under Section 171.552(b)(1)(F), Tax Code, including the
388	388	information required by Section 171.556(c), Tax Code.
389	389	(b) The comptroller shall adopt a form for the application
390	390	for the credit. An entity must use this form in applying for the
391	391	credit.
392	392	(c) The comptroller may award a credit to an entity that
393	393	applies for the credit under Subsection (a) if the entity is
394	394	eligible for the credit and the credit is available under Section
395	395	230.052(b). The comptroller has broad discretion in determining
396	396	whether to grant or deny an application for a credit.
397	397	(d) The comptroller shall notify an entity in writing of the
398	398	comptroller's decision to grant or deny the application under
399	399	Subsection (a). If the comptroller denies an entity's application,
400	400	the comptroller shall include in the notice of denial the reasons
401	401	for the comptroller's decision.
402	402	(e) If the comptroller denies an entity's application under
403	403	Subsection (a), the entity may request in writing a reconsideration
404	404	of the application not later than the 10th day after the date of the
405	405	notice under Subsection (d). If the entity does not request a
406	406	reconsideration of the application on or before that date, the
407	407	comptroller's decision is final.
408	408	(f) An entity that requests a reconsideration under
409	409	Subsection (e) may submit to the comptroller not later than the 30th
410	410	day after the date the request for reconsideration is submitted
411	411	additional information and documents to support the entity's
412	412	request for reconsideration.
413	413	(g) The comptroller's reconsideration of an application
414	414	under this section is not a contested case under Chapter 2001,
415	415	Government Code. The comptroller's decision on a request for
416	416	reconsideration of an application is final and is not appealable.
417	417	(h) This section does not create a cause of action to
418	418	contest a decision of the comptroller to deny an application for a
419	419	credit under this chapter.
420	420	Sec. 230.054. RULES; PROCEDURES. (a) The comptroller
421	421	shall adopt rules and procedures to implement, administer, and
422	422	enforce this chapter.
423	423	(b) A rule adopted under Subsection (a) is binding on an
424	424	organization that applies for certification as an educational
425	425	assistance organization, an entity that applies for a credit, and a
426	426	state or local governmental entity, including a political
427	427	subdivision, as necessary to implement, administer, and enforce
428	428	this chapter.
429	429	Sec. 230.055. ASSIGNMENT PROHIBITED; EXCEPTION. An entity
430	430	may not convey, assign, or transfer the credit allowed under this
431	431	chapter to another entity unless all of the assets of the entity are
432	432	conveyed, assigned, or transferred in the same transaction.
433	433	SECTION 3. (a) The constitutionality and other validity
434	434	under the state or federal constitution of all or any part of
435	435	Subchapter K, Chapter 171, Tax Code, or Chapter 230, Insurance
436	436	Code, as added by this Act, may be determined in an action for
437	437	declaratory judgment in a district court in Travis County under
438	438	Chapter 37, Civil Practice and Remedies Code, except that this
439	439	section does not authorize an award of attorney's fees against this
440	440	state and Section 37.009, Civil Practice and Remedies Code, does
441	441	not apply to an action filed under this section. This section does
442	442	not authorize a taxpayer suit to contest the denial of a tax credit
443	443	by the comptroller of public accounts.
444	444	(b) An appeal of a declaratory judgment or order, however
445	445	characterized, of a district court, including an appeal of the
446	446	judgment of an appellate court, holding or otherwise determining
447	447	that all or any part of Subchapter K, Chapter 171, Tax Code, or
448	448	Chapter 230, Insurance Code, as added by this Act, is
449	449	constitutional or unconstitutional, or otherwise valid or invalid,
450	450	under the state or federal constitution is an accelerated appeal.
451	451	(c) If the judgment or order is interlocutory, an
452	452	interlocutory appeal may be taken from the judgment or order and is
453	453	an accelerated appeal.
454	454	(d) A district court in Travis County may grant or deny a
455	455	temporary or otherwise interlocutory injunction or a permanent
456	456	injunction on the grounds of the constitutionality or
457	457	unconstitutionality, or other validity or invalidity, under the
458	458	state or federal constitution of all or any part of Subchapter K,
459	459	Chapter 171, Tax Code, or Chapter 230, Insurance Code, as added by
460	460	this Act.
461	461	(e) There is a direct appeal to the supreme court from an
462	462	order, however characterized, of a trial court granting or denying
463	463	a temporary or otherwise interlocutory injunction or a permanent
464	464	injunction on the grounds of the constitutionality or
465	465	unconstitutionality, or other validity or invalidity, under the
466	466	state or federal constitution of all or any part of Subchapter K,
467	467	Chapter 171, Tax Code, or Chapter 230, Insurance Code, as added by
468	468	this Act.
469	469	(f) The direct appeal is an accelerated appeal.
470	470	(g) This section exercises the authority granted by Section
471	471	3-b, Article V, Texas Constitution.
472	472	(h) The filing of a direct appeal under this section will
473	473	automatically stay any temporary or otherwise interlocutory
474	474	injunction or permanent injunction granted in accordance with this
475	475	section pending final determination by the supreme court, unless
476	476	the supreme court makes specific findings that the applicant
477	477	seeking such injunctive relief has pleaded and proved that:
478	478	(1) the applicant has a probable right to the relief it
479	479	seeks on final hearing; and
480	480	(2) the applicant will suffer a probable injury that
481	481	is imminent and irreparable, and that the applicant has no other
482	482	adequate legal remedy.
483	483	(i) An appeal under this section, including an
484	484	interlocutory, accelerated, or direct appeal, is governed, as
485	485	applicable, by the Texas Rules of Appellate Procedure, including
486	486	Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1),
487	487	38.6(a) and (b), 40.1(b), and 49.4.
488	488	SECTION 4. An entity may apply for a credit under Subchapter
489	489	K, Chapter 171, Tax Code, or Chapter 230, Insurance Code, as added
490	490	by this Act, only for an expenditure made on or after the effective
491	491	date of this Act.
492	492	SECTION 5. Not later than February 15, 2016, the
493	493	comptroller of public accounts shall adopt rules as provided by
494	494	Section 171.560(a), Tax Code, and Section 230.054(a), Insurance
495	495	Code, as added by this Act.
496	496	SECTION 6. The comptroller of public accounts shall make
497	497	the initial determination of net savings and report regarding that
498	498	savings as required by Section 171.563, Tax Code, as added by this
499	499	Act, not later than December 31, 2018, based on the state fiscal
500	500	biennium ending August 31, 2017.
501	501	SECTION 7. This Act takes effect January 1, 2016.