81R9094 CBH-D
By: Leibowitz H.B. No. 2184
A BILL TO BE ENTITLED
AN ACT
relating to a franchise tax credit for building new single-family
homes or duplexes that exceed certain energy efficiency standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 171, Tax Code, is amended by adding
Subchapter V to read as follows:
SUBCHAPTER V. TAX CREDIT FOR CERTAIN ENERGY-EFFICIENT HOMEBUILDING
Sec. 171.901. DEFINITIONS. In this subchapter:
(1) "Homebuilder" means any person who, for a fixed
price, commission, fee, wage, or other compensation, sells,
constructs, or supervises or manages the construction of, or
contracts for the construction of or the supervision or management
of the construction of a new single-family home or duplex.
(2) "State energy code" means the state energy code
adopted under Section 388.003, Health and Safety Code.
Sec. 171.902. ENTITLEMENT TO CREDIT. A taxable entity is
entitled to a credit in the amount and under the conditions and
limitations provided by this subchapter against the tax imposed
under this chapter.
Sec. 171.903. QUALIFICATION. A taxable entity qualifies
for a credit under this subchapter if the taxable entity is a
homebuilder and builds a new single-family home or duplex in this
state the energy efficiency of which exceeds the energy efficiency
standards prescribed by the state energy code.
Sec. 171.904. AMOUNT; LIMITATIONS. (a) The amount of the
credit is equal to:
(1) $10,000 for each new single-family home or duplex
the energy efficiency of which exceeds the energy efficiency
standards prescribed by the state energy code by at least 15 percent
but less than 20 percent;
(2) $15,000 for each new single-family home or duplex
the energy efficiency of which exceeds the energy efficiency
standards prescribed by the state energy code by at least 20 percent
but less than 25 percent;
(3) $20,000 for each new single-family home or duplex
the energy efficiency of which exceeds the energy efficiency
standards prescribed by the state energy code by at least 25 percent
but less than 30 percent; and
(4) $25,000 for each new single-family home or duplex
the energy efficiency of which exceeds the energy efficiency
standards prescribed by the state energy code by at least 30
percent.
(b) The credit claimed for each reporting period may not
exceed the amount of franchise tax due, before any other applicable
tax credits, for the period.
(c) A taxable entity may claim a credit under this
subchapter relating to a new single-family home or duplex only on
the report based on the reporting period during which construction
of the new home or duplex was completed.
(d) A taxable entity may not carry over a credit amount for
construction completed during a reporting period to a subsequent
period.
(e) A taxable entity may not convey, assign, or transfer a
credit under this subchapter to another entity unless all of the
assets of the taxable entity are conveyed, assigned, or transferred
in the same transaction.
Sec. 171.905. APPLICATION FOR CREDIT. A taxable entity
must apply for a credit under this subchapter on or with the tax
report for the period for which the credit is claimed. The taxable
entity shall file with the report a certification from the self
certification program of the Energy Systems Laboratory at the Texas
Engineering Experiment Station of The Texas A&M University System
of the energy efficiency of each new single-family home or duplex
for which the taxable entity is claiming a credit under this
subchapter.
Sec. 171.906. RULES. The comptroller shall adopt rules
necessary to implement this subchapter.
SECTION 2. This Act applies only to a report originally due
on or after the effective date of this Act.
SECTION 3. This Act takes effect January 1, 2010.