87R13453 CJC-F
 
  By: Geren, Goldman, Frullo, Meyer, Bonnen, H.B. No. 1195
      et al.
 
  Substitute the following for H.B. No. 1195:
 
  By:  Meyer C.S.H.B. No. 1195
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the franchise tax treatment of certain loans and grants
  made under the federal Coronavirus Aid, Relief, and Economic
  Security Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 171, Tax Code, is amended
  by adding Section 171.10131 to read as follows:
         Sec. 171.10131.  PROVISIONS RELATED TO CERTAIN MONEY
  RECEIVED FOR COVID-19 RELIEF. (a) In this section, "qualifying
  loan or grant proceeds" means the amount of money that:
               (1)  is received by a taxable entity in loans or grants
  under the Coronavirus Aid, Relief, and Economic Security Act (15
  U.S.C. Section 9001 et seq.), as amended by the Paycheck Protection
  Program Flexibility Act of 2020 (Pub. L. No. 116-142) and the
  Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260); and
               (2)  under Sections 276 and 278 of the Consolidated
  Appropriations Act, 2021 (Pub. L. No. 116-260), is not included in
  the taxable entity's gross income for purposes of federal income
  taxation.
         (b)  Notwithstanding any other law, a taxable entity:
               (1)  shall exclude from its total revenue, to the
  extent included under Section 171.1011(c)(1)(A), (c)(2)(A), or
  (c)(3), qualifying loan or grant proceeds;
               (2)  may include as a cost of goods sold under Section
  171.1012 any expense paid using qualifying loan or grant proceeds
  to the extent the expense is otherwise includable as a cost of goods
  sold under that section; and
               (3)  may include as compensation under Section 171.1013
  any expense paid using qualifying loan or grant proceeds to the
  extent the expense is otherwise includable as compensation under
  that section.
         SECTION 2.  This Act applies only to a report originally due
  on or after January 1, 2021.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.