| 1 | 1 | | 81R9094 CBH-D |
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| 2 | 2 | | By: Leibowitz H.B. No. 2184 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a franchise tax credit for building new single-family |
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| 8 | 8 | | homes or duplexes that exceed certain energy efficiency standards. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 171, Tax Code, is amended by adding |
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| 11 | 11 | | Subchapter V to read as follows: |
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| 12 | 12 | | SUBCHAPTER V. TAX CREDIT FOR CERTAIN ENERGY-EFFICIENT HOMEBUILDING |
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| 13 | 13 | | Sec. 171.901. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Homebuilder" means any person who, for a fixed |
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| 15 | 15 | | price, commission, fee, wage, or other compensation, sells, |
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| 16 | 16 | | constructs, or supervises or manages the construction of, or |
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| 17 | 17 | | contracts for the construction of or the supervision or management |
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| 18 | 18 | | of the construction of a new single-family home or duplex. |
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| 19 | 19 | | (2) "State energy code" means the state energy code |
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| 20 | 20 | | adopted under Section 388.003, Health and Safety Code. |
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| 21 | 21 | | Sec. 171.902. ENTITLEMENT TO CREDIT. A taxable entity is |
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| 22 | 22 | | entitled to a credit in the amount and under the conditions and |
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| 23 | 23 | | limitations provided by this subchapter against the tax imposed |
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| 24 | 24 | | under this chapter. |
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| 25 | 25 | | Sec. 171.903. QUALIFICATION. A taxable entity qualifies |
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| 26 | 26 | | for a credit under this subchapter if the taxable entity is a |
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| 27 | 27 | | homebuilder and builds a new single-family home or duplex in this |
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| 28 | 28 | | state the energy efficiency of which exceeds the energy efficiency |
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| 29 | 29 | | standards prescribed by the state energy code. |
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| 30 | 30 | | Sec. 171.904. AMOUNT; LIMITATIONS. (a) The amount of the |
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| 31 | 31 | | credit is equal to: |
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| 32 | 32 | | (1) $10,000 for each new single-family home or duplex |
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| 33 | 33 | | the energy efficiency of which exceeds the energy efficiency |
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| 34 | 34 | | standards prescribed by the state energy code by at least 15 percent |
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| 35 | 35 | | but less than 20 percent; |
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| 36 | 36 | | (2) $15,000 for each new single-family home or duplex |
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| 37 | 37 | | the energy efficiency of which exceeds the energy efficiency |
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| 38 | 38 | | standards prescribed by the state energy code by at least 20 percent |
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| 39 | 39 | | but less than 25 percent; |
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| 40 | 40 | | (3) $20,000 for each new single-family home or duplex |
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| 41 | 41 | | the energy efficiency of which exceeds the energy efficiency |
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| 42 | 42 | | standards prescribed by the state energy code by at least 25 percent |
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| 43 | 43 | | but less than 30 percent; and |
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| 44 | 44 | | (4) $25,000 for each new single-family home or duplex |
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| 45 | 45 | | the energy efficiency of which exceeds the energy efficiency |
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| 46 | 46 | | standards prescribed by the state energy code by at least 30 |
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| 47 | 47 | | percent. |
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| 48 | 48 | | (b) The credit claimed for each reporting period may not |
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| 49 | 49 | | exceed the amount of franchise tax due, before any other applicable |
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| 50 | 50 | | tax credits, for the period. |
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| 51 | 51 | | (c) A taxable entity may claim a credit under this |
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| 52 | 52 | | subchapter relating to a new single-family home or duplex only on |
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| 53 | 53 | | the report based on the reporting period during which construction |
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| 54 | 54 | | of the new home or duplex was completed. |
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| 55 | 55 | | (d) A taxable entity may not carry over a credit amount for |
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| 56 | 56 | | construction completed during a reporting period to a subsequent |
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| 57 | 57 | | period. |
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| 58 | 58 | | (e) A taxable entity may not convey, assign, or transfer a |
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| 59 | 59 | | credit under this subchapter to another entity unless all of the |
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| 60 | 60 | | assets of the taxable entity are conveyed, assigned, or transferred |
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| 61 | 61 | | in the same transaction. |
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| 62 | 62 | | Sec. 171.905. APPLICATION FOR CREDIT. A taxable entity |
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| 63 | 63 | | must apply for a credit under this subchapter on or with the tax |
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| 64 | 64 | | report for the period for which the credit is claimed. The taxable |
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| 65 | 65 | | entity shall file with the report a certification from the self |
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| 66 | 66 | | certification program of the Energy Systems Laboratory at the Texas |
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| 67 | 67 | | Engineering Experiment Station of The Texas A&M University System |
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| 68 | 68 | | of the energy efficiency of each new single-family home or duplex |
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| 69 | 69 | | for which the taxable entity is claiming a credit under this |
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| 70 | 70 | | subchapter. |
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| 71 | 71 | | Sec. 171.906. RULES. The comptroller shall adopt rules |
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| 72 | 72 | | necessary to implement this subchapter. |
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| 73 | 73 | | SECTION 2. This Act applies only to a report originally due |
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| 74 | 74 | | on or after the effective date of this Act. |
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| 75 | 75 | | SECTION 3. This Act takes effect January 1, 2010. |
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