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               AN ACT
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            relating to a sales and use tax refund pilot program for certain  | 
         
         
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            persons who employ apprentices. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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                   SECTION 1.  Subchapter I, Chapter 151, Tax Code, is amended  | 
         
         
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            by adding Section 151.4292 to read as follows: | 
         
         
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                   Sec. 151.4292.  TAX REFUND PILOT PROGRAM FOR CERTAIN PERSONS  | 
         
         
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            WHO EMPLOY APPRENTICES.  (a)  In this section: | 
         
         
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                         (1)  "Executive director" means the executive director  | 
         
         
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            of the Texas Workforce Commission. | 
         
         
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                         (2)  "Qualified apprenticeship" means an  | 
         
         
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            apprenticeship program that is: | 
         
         
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                               (A)  certified as an industry-recognized  | 
         
         
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            apprenticeship program by an entity determined to meet United  | 
         
         
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            States Department of Labor criteria; or | 
         
         
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                               (B)  registered with the United States Department  | 
         
         
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            of Labor and qualified to receive funding provided through the  | 
         
         
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            Texas Workforce Commission under Chapter 133, Education Code. | 
         
         
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                   (b)  A person is eligible for a refund in the amount and under  | 
         
         
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            the conditions provided by this section of the taxes paid under this  | 
         
         
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            chapter during a calendar year if the person is certified by the  | 
         
         
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            executive director under Subsection (f) and employs at least one  | 
         
         
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            apprentice in a qualified apprenticeship position for at least  | 
         
         
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            seven months during the calendar year.  A person is not considered  | 
         
         
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            to be employed in a qualified apprenticeship position for purposes  | 
         
         
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            of this section: | 
         
         
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                         (1)  after the earlier of: | 
         
         
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                               (A)  the fourth anniversary of employment in the  | 
         
         
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            position; or | 
         
         
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                               (B)  the conclusion of the term of the  | 
         
         
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            apprenticeship position; or | 
         
         
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                         (2)  if the person was employed in another position by  | 
         
         
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            the employer immediately before beginning employment in the  | 
         
         
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            apprenticeship position. | 
         
         
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                   (c)  Subject to Subsections (d) and (e), the amount of the  | 
         
         
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            refund for a calendar year in connection with each apprentice  | 
         
         
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            described by Subsection (b) is $2,500. | 
         
         
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                   (d)  The total amount of the refund for a calendar year is  | 
         
         
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            equal to the lesser of: | 
         
         
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                         (1)  the amount allowed under Subsection (c) for the  | 
         
         
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            calendar year for each apprentice described by Subsection (b), not  | 
         
         
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            to exceed the maximum number of apprentices provided by Subsection  | 
         
         
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            (e); or | 
         
         
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                         (2)  the amount of sales and use taxes paid by the  | 
         
         
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            person during the calendar year. | 
         
         
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                   (e)  The maximum number of apprentices in connection with  | 
         
         
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            whom a person may receive a refund in a calendar year is: | 
         
         
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                         (1)  one; or | 
         
         
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                         (2)  not more than six if at least half of the  | 
         
         
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            apprentices employed are: | 
         
         
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                               (A)  foster children who have transitioned or are  | 
         
         
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            transitioning to independent living, as described in Section  | 
         
         
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            264.121, Family Code; | 
         
         
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                               (B)  military veterans, as defined by Section  | 
         
         
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            55.001, Occupations Code; | 
         
         
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                               (C)  military spouses, as defined by Section  | 
         
         
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            55.001, Occupations Code; or | 
         
         
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                               (D)  women. | 
         
         
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                   (f)  A person may not apply for a refund under this section  | 
         
         
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            unless the executive director certifies that the person is able to  | 
         
         
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            employ apprentices in qualified apprenticeships.  A person must  | 
         
         
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            apply to the executive director to obtain certification.  The  | 
         
         
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            executive director shall create an application form for the  | 
         
         
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            certification. | 
         
         
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                   (g)  The executive director may certify not more than 100  | 
         
         
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            persons under Subsection (f) at any time.  If the number of eligible  | 
         
         
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            applicants exceeds the limit provided by this subsection, the  | 
         
         
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            executive director shall select applicants for certification  | 
         
         
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            according to rules adopted under Subsection (h). | 
         
         
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                   (h)  The executive director shall adopt rules that establish  | 
         
         
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            merit-based criteria for selecting persons to certify from among  | 
         
         
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            those who apply.  The rules must require that the executive director  | 
         
         
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            give preference to applicants who: | 
         
         
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                         (1)  offer qualified apprenticeships in areas of this  | 
         
         
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            state that are not designated as metropolitan statistical areas by  | 
         
         
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            the United States Office of Management and Budget; and | 
         
         
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                         (2)  provide training and skills development in  | 
         
         
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            emerging or developing occupational fields. | 
         
         
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                   (i)  The executive director shall issue a certificate to each  | 
         
         
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            person certified under Subsection (f).  The certificate must  | 
         
         
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            confirm that the person is eligible to apply for a refund under this  | 
         
         
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            section. | 
         
         
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                   (j)  A person must apply to the comptroller for a refund  | 
         
         
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            under this section.  The person must include with the application  | 
         
         
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            the certificate issued to the person under Subsection (i) and any  | 
         
         
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            other information the comptroller requires. | 
         
         
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                   (k)  Not later than September 1, 2024, the executive director  | 
         
         
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            shall prepare and deliver to the governor, the lieutenant governor,  | 
         
         
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            the speaker of the house of representatives, and the presiding  | 
         
         
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            officer of each legislative standing committee with primary  | 
         
         
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            jurisdiction over taxation a report that evaluates the effect of  | 
         
         
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            the pilot program on the employment outcomes and earnings of  | 
         
         
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            apprentices with respect to whom refunds are granted under the  | 
         
         
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            pilot program under this section.  The report must include a  | 
         
         
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            recommendation regarding whether the pilot program should be  | 
         
         
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            continued, expanded, or terminated. | 
         
         
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                   (l)  A person who applies for a refund under this section  | 
         
         
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            shall provide to the executive director information the executive  | 
         
         
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            director requests to prepare the report described by Subsection  | 
         
         
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            (k). | 
         
         
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                   (m)  This section expires December 31, 2026. | 
         
         
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                   SECTION 2.  A person may apply for a refund under Section  | 
         
         
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            151.4292, Tax Code, as added by this Act, only in connection with  | 
         
         
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            apprentices first employed on or after the effective date of this  | 
         
         
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            Act. | 
         
         
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                   SECTION 3.  The Texas Workforce Commission and the  | 
         
         
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            comptroller of public accounts are required to implement this Act  | 
         
         
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            only if the legislature appropriates money specifically for that  | 
         
         
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            purpose.  If the legislature does not appropriate money  | 
         
         
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            specifically for that purpose, the commission and the comptroller  | 
         
         
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            may, but are not required to, implement this Act using other  | 
         
         
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            appropriations available for the purpose. | 
         
         
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                   SECTION 4.  This Act takes effect January 1, 2022. | 
         
         
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            ______________________________ | 
            ______________________________ | 
         
         
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               President of the Senate | 
            Speaker of the House      | 
         
         
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                   I hereby certify that S.B. No. 1524 passed the Senate on     | 
         
         
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            April 21, 2021, by the following vote:  Yeas 27, Nays 4. | 
         
         
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            ______________________________ | 
         
         
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            Secretary of the Senate     | 
         
         
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                   I hereby certify that S.B. No. 1524 passed the House on        | 
         
         
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            May 24, 2021, by the following vote:  Yeas 103, Nays 38, one  | 
         
         
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            present not voting. | 
         
         
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            ______________________________ | 
         
         
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            Chief Clerk of the House    | 
         
         
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            Approved: | 
         
         
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            ______________________________  | 
         
         
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                        Date | 
         
         
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            ______________________________  | 
         
         
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                      Governor |