Bill Text: TX HB4095 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the eligibility of a business entity to receive a credit against the ad valorem taxes imposed by a school district on the business entity's property in exchange for donating equipment to the school district to be used in a course that may lead to a commercial driver's license or commercial learner's permit and providing that such a course may satisfy public high school graduation requirements for electives.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Ways & Means [HB4095 Detail]
Download: Texas-2023-HB4095-Introduced.html
| 88R11522 LHC-D | ||
| By: King of Hemphill | H.B. No. 4095 | |
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| relating to the eligibility of a business entity to receive a credit | ||
| against the ad valorem taxes imposed by a school district on the | ||
| business entity's property in exchange for donating equipment to | ||
| the school district to be used in a course that may lead to a | ||
| commercial driver's license or commercial learner's permit and | ||
| providing that such a course may satisfy public high school | ||
| graduation requirements for electives. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 28.025(b-17), Education Code, is amended | ||
| to read as follows: | ||
| (b-17) The State Board of Education shall adopt rules to | ||
| ensure that a student may comply with the curriculum requirements | ||
| under Subsection (b-1)(6) by successfully completing: | ||
| (1) an advanced career and technical course, including | ||
| a course that may lead to an industry-recognized credential or | ||
| certificate or an associate degree; or | ||
| (2) a course that may lead to a commercial driver's | ||
| license or commercial learner's permit issued under Chapter 522, | ||
| Transportation Code. | ||
| SECTION 2. Chapter 31, Tax Code, is amended by adding | ||
| Section 31.038 to read as follows: | ||
| Sec. 31.038. TAX CREDIT FOR DONATION TO SUPPORT COURSE | ||
| RELATED TO COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S | ||
| PERMIT. (a) In this section: | ||
| (1) "Business entity" means a legal entity, including | ||
| a corporation or partnership, that is formed for the purpose of | ||
| making a profit. | ||
| (2) "Principal office" means the location where the | ||
| decision makers for a business entity conduct the daily affairs of | ||
| the business. | ||
| (b) An owner of property is entitled to a credit against the | ||
| taxes imposed in a tax year on that property by a school district if | ||
| the owner: | ||
| (1) is a business entity whose principal office is | ||
| located in this state; and | ||
| (2) with the approval of the school district, donates | ||
| a vehicle or equipment to the school district for use in a course | ||
| described by Section 28.025(b-17)(2), Education Code. | ||
| (c) The amount of the credit to which a property owner is | ||
| entitled under this section against the taxes imposed in a tax year | ||
| on the property by a school district is equal to the total value of | ||
| the vehicles or equipment described by Subsection (b) that the | ||
| property owner donated to the school district during the preceding | ||
| 12-month period. | ||
| (d) If the amount of the credit to which a property owner is | ||
| entitled under this section in any tax year exceeds the amount of | ||
| tax imposed on the property in that tax year by a school district, | ||
| the excess amount may be carried forward and credited against the | ||
| taxes imposed in subsequent tax years. A property owner may | ||
| receive a credit under this section against the taxes imposed by the | ||
| school district until the earlier of: | ||
| (1) the first tax year in which the aggregate amount of | ||
| the credits received equals the value of the donated vehicle or | ||
| equipment; or | ||
| (2) the first tax year after the 10th tax year in which | ||
| the property owner receives the credit. | ||
| (e) For each year in which the property owner donates a | ||
| vehicle or equipment to a school district, the property owner must | ||
| file an application with the chief appraiser of the appraisal | ||
| district in which the property is located to receive a credit under | ||
| this section. The application must include an affidavit stating | ||
| the value of the donations made by the property owner during the | ||
| preceding 12-month period and include any relevant information or | ||
| documentation required by the application form. | ||
| (f) The chief appraiser shall forward a copy of the | ||
| application to the comptroller. For purposes of determining the | ||
| amount of the credit, the comptroller shall determine the value of a | ||
| vehicle or equipment donated under this section. The comptroller | ||
| may: | ||
| (1) consider the value submitted by the property owner | ||
| under Subsection (e); and | ||
| (2) set the value of the donated vehicle or equipment | ||
| in an amount the comptroller considers appropriate. | ||
| (g) The comptroller shall adopt rules for the | ||
| implementation and administration of this section, including | ||
| rules: | ||
| (1) prescribing the form of an application for the | ||
| credit and specifying the 12-month period during which donations | ||
| may be used to calculate the credit; and | ||
| (2) related to determining the value of vehicles and | ||
| equipment donated under this section. | ||
| SECTION 3. Section 28.025(b-17), Education Code, as amended | ||
| by this Act, applies beginning with the 2023-2024 school year. | ||
| SECTION 4. Section 31.038, Tax Code, as added by this Act, | ||
| applies only to ad valorem taxes imposed for a tax year beginning on | ||
| or after the effective date of this Act. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
