HBA-JRA H.B. 2067 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2067
By: Marchant
Ways & Means
3/19/1999
Introduced



BACKGROUND AND PURPOSE 

Banks, like other corporations in Texas, are subject to the franchise tax.
As many banks conduct business in more than one state, allocation of assets
and profits to Texas becomes an important issue in calculating the
franchise tax. Currently, Texas franchise law treats banks differently than
other corporations.  For banks, interest and dividend income is allocated
to the state in which the bank's headquarters is located.  For other
corporations, interest and dividend income is allocated to the state in
which the payor is located.  This means that banks that only have branches
in Texas allocate all their interest and dividend income to another state.
As more small local banks consolidate with large interstate banks, less and
less franchise tax will be payed to Texas.  H.B. 2067 amends the Tax Code
to make the manner in which franchise tax is calculated for banking
corporations and savings and loan associations conform to the manner in
which it is calculated for all other corporations in Texas. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 171.001(b)(1), (3), and (7), Tax Code, as
follows: 

(1)  Redefines "banking corporation" to include banks organized under the
laws of this state, another state, or another country, or under federal
law, including a limited banking association organized under Subtitle A
(Banks), Title 3 (Financial Institutions and Businesses), Finance Code,
rather than as defined by Section 1.002(a), Texas Banking Act. 

(3)  Redefines "corporation" to remove the requirement that a savings and
loan association be a state or federal savings and loan association. 

(7)  Redefines "savings and loan association" to mean a savings and loan
association or savings bank, whether organized under the laws of this
state, another state, or another country, or under federal law.  Makes
conforming changes. 

SECTION 2.  Amends Sections 171.106(a) and (b), Tax Code, to make changes
conforming to SECTION 7 which repeals Section 171.1031 (Apportionment of
Taxable Capital and Taxable Earned Surplus of Banking Corporation and
Savings and Loan Association), Tax Code. 

SECTION 3.  Amends Section 171.259, Tax Code, as follows:

Sec. 171.259.  BANKING CORPORATIONS AND SAVINGS AND LOAN ASSOCIATIONS.  (a)
Provides that, except as provided by Subsection (b), this subchapter
(Forfeiture of Corporate Privileges) does not apply to a banking
corporation that is organized under the laws of this state or under federal
law and has its main office in this state, rather than to a banking
corporation or a savings and loan association. 

(b)  Requires the banking commissioner (commissioner) to appoint a
conservator under Subtitle A, Title 3, Finance Code, to pay the franchise
tax of a banking corporation that  is organized under the laws of this
state and that the commissioner certifies as being delinquent in paying its
franchise tax. 

SECTION 4.  Amends Subchapter F, Chapter 171, Tax Code, by adding Section
171.260, as follows: 

Sec. 171.260.  SAVINGS AND LOAN ASSOCIATION.  (a)  Provides that this
subchapter (Forfeiture of Corporate Privileges) does not apply to a savings
and loan association that is organized under the laws of this state or
under federal law and has its main office in this state, except as provided
by Subsection (b). 

(b)  Requires the savings and loan commissioner (commissioner) to appoint a
conservator under Subtitle B (Savings and Loan Associations) or C (Savings
Banks), Title 3, Finance Code, to pay the franchise tax of a savings and
loan corporation that is organized under the laws of this state and that
the commissioner certifies as being delinquent in paying its franchise tax. 

SECTION 5.  Amends Section 171.316, Tax Code, to provide that this
subchapter (Forfeiture of Charter or Certificate of Authority) does not
apply to a banking corporation that is organized under the laws of this
state or under federal law and has its main office in this state. 

SECTION 6.  Amends Section 171.317, Tax Code, to provide that this
subchapter (Forfeiture of Charter or Certificate of Authority) does not
apply to a savings and loan association that is organized under the laws of
this state or under federal law and has its main office in this state.
Deletes text relating to the savings and loan commissioner revoking a
savings and loan association's charter if it is delinquent in paying its
franchise tax. 

SECTION 7.  Repealer:  Section 171.1031 (Apportionment of Taxable Capital
and Taxable Earned Surplus of Banking Corporation and Savings and Loan
Association), Tax Code. 

SECTION 8.  Effective date: January 1, 2000.
Makes application of this Act prospective as to the due date of a report.

SECTION 9.  Emergency clause.