Texas 2023 - 88th Regular

Texas House Bill HB4095 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11522 LHC-D
2	2	By: King of Hemphill H.B. No. 4095
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of a business entity to receive a credit
8	8	against the ad valorem taxes imposed by a school district on the
9	9	business entity's property in exchange for donating equipment to
10	10	the school district to be used in a course that may lead to a
11	11	commercial driver's license or commercial learner's permit and
12	12	providing that such a course may satisfy public high school
13	13	graduation requirements for electives.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 28.025(b-17), Education Code, is amended
16	16	to read as follows:
17	17	(b-17) The State Board of Education shall adopt rules to
18	18	ensure that a student may comply with the curriculum requirements
19	19	under Subsection (b-1)(6) by successfully completing:
20	20	(1) an advanced career and technical course, including
21	21	a course that may lead to an industry-recognized credential or
22	22	certificate or an associate degree; or
23	23	(2) a course that may lead to a commercial driver's
24	24	license or commercial learner's permit issued under Chapter 522,
25	25	Transportation Code.
26	26	SECTION 2. Chapter 31, Tax Code, is amended by adding
27	27	Section 31.038 to read as follows:
28	28	Sec. 31.038. TAX CREDIT FOR DONATION TO SUPPORT COURSE
29	29	RELATED TO COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S
30	30	PERMIT. (a) In this section:
31	31	(1) "Business entity" means a legal entity, including
32	32	a corporation or partnership, that is formed for the purpose of
33	33	making a profit.
34	34	(2) "Principal office" means the location where the
35	35	decision makers for a business entity conduct the daily affairs of
36	36	the business.
37	37	(b) An owner of property is entitled to a credit against the
38	38	taxes imposed in a tax year on that property by a school district if
39	39	the owner:
40	40	(1) is a business entity whose principal office is
41	41	located in this state; and
42	42	(2) with the approval of the school district, donates
43	43	a vehicle or equipment to the school district for use in a course
44	44	described by Section 28.025(b-17)(2), Education Code.
45	45	(c) The amount of the credit to which a property owner is
46	46	entitled under this section against the taxes imposed in a tax year
47	47	on the property by a school district is equal to the total value of
48	48	the vehicles or equipment described by Subsection (b) that the
49	49	property owner donated to the school district during the preceding
50	50	12-month period.
51	51	(d) If the amount of the credit to which a property owner is
52	52	entitled under this section in any tax year exceeds the amount of
53	53	tax imposed on the property in that tax year by a school district,
54	54	the excess amount may be carried forward and credited against the
55	55	taxes imposed in subsequent tax years. A property owner may
56	56	receive a credit under this section against the taxes imposed by the
57	57	school district until the earlier of:
58	58	(1) the first tax year in which the aggregate amount of
59	59	the credits received equals the value of the donated vehicle or
60	60	equipment; or
61	61	(2) the first tax year after the 10th tax year in which
62	62	the property owner receives the credit.
63	63	(e) For each year in which the property owner donates a
64	64	vehicle or equipment to a school district, the property owner must
65	65	file an application with the chief appraiser of the appraisal
66	66	district in which the property is located to receive a credit under
67	67	this section. The application must include an affidavit stating
68	68	the value of the donations made by the property owner during the
69	69	preceding 12-month period and include any relevant information or
70	70	documentation required by the application form.
71	71	(f) The chief appraiser shall forward a copy of the
72	72	application to the comptroller. For purposes of determining the
73	73	amount of the credit, the comptroller shall determine the value of a
74	74	vehicle or equipment donated under this section. The comptroller
75	75	may:
76	76	(1) consider the value submitted by the property owner
77	77	under Subsection (e); and
78	78	(2) set the value of the donated vehicle or equipment
79	79	in an amount the comptroller considers appropriate.
80	80	(g) The comptroller shall adopt rules for the
81	81	implementation and administration of this section, including
82	82	rules:
83	83	(1) prescribing the form of an application for the
84	84	credit and specifying the 12-month period during which donations
85	85	may be used to calculate the credit; and
86	86	(2) related to determining the value of vehicles and
87	87	equipment donated under this section.
88	88	SECTION 3. Section 28.025(b-17), Education Code, as amended
89	89	by this Act, applies beginning with the 2023-2024 school year.
90	90	SECTION 4. Section 31.038, Tax Code, as added by this Act,
91	91	applies only to ad valorem taxes imposed for a tax year beginning on
92	92	or after the effective date of this Act.
93	93	SECTION 5. This Act takes effect September 1, 2023.