88R3300 CJD-D
By: Oliverson H.B. No. 1280
A BILL TO BE ENTITLED
AN ACT
relating to the determination of compensation and reporting
requirements for the franchise tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.1013, Tax Code, is amended by adding
Subsection (b-2) to read as follows:
(b-2) Notwithstanding Subsections (b) and (b-1) and subject
to Section 171.1014, a taxable entity that elects to subtract
compensation for the purpose of computing its taxable margin under
Section 171.101 may not subtract the cost of health care benefits
provided to the entity's officers, directors, owners, partners, or
employees, if:
(1) the health care benefits include coverage for
items or services that facilitate access to abortion, including
travel vouchers; or
(2) the entity provides sick leave as a benefit to the
entity's officers, directors, owners, partners, or employees for
purposes of procuring an abortion or for a recovery period
following an abortion.
SECTION 2. Section 171.201(a), Tax Code, is amended to read
as follows:
(a) Except as provided by Section 171.2022, a taxable entity
on which the franchise tax is imposed shall file an initial report
with the comptroller containing:
(1) financial information of the taxable entity
necessary to compute the tax under this chapter;
(2) the name and address of:
(A) each officer, director, and manager of the
taxable entity;
(B) for a limited partnership, each general
partner;
(C) for a general partnership or limited
liability partnership, each managing partner or, if there is not a
managing partner, each partner; or
(D) for a trust, each trustee;
(3) the name and address of the agent of the taxable
entity designated under Section 171.354;
(3-a) a certification as to whether the taxable entity
provides health care benefits that include the coverage described
by Section 171.1013(b-2) or sick leave described by that
subsection; and
(4) other information required by the comptroller.
SECTION 3. Section 171.202(a), Tax Code, is amended to read
as follows:
(a) Except as provided by Section 171.2022, a taxable entity
on which the franchise tax is imposed shall file an annual report
with the comptroller containing:
(1) financial information of the taxable entity
necessary to compute the tax under this chapter;
(2) the name and address of each officer and director
of the taxable entity;
(3) the name and address of the agent of the taxable
entity designated under Section 171.354;
(3-a) a certification as to whether the taxable entity
provides health care benefits that include the coverage described
by Section 171.1013(b-2) or sick leave described by that
subsection; and
(4) other information required by the comptroller.
SECTION 4. This Act applies only to a report originally due
on or after the effective date of this Act.
SECTION 5. This Act takes effect January 1, 2024.