| 1 | 1 | | 81R11563 CBH-D |
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| 2 | 2 | | By: Anderson H.B. No. 2771 |
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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 the computation of total revenue in relation to |
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| 8 | 8 | | facilities that use a carbon gasification technology to generate |
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| 9 | 9 | | electricity. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 171.1011, Tax Code, is amended by adding |
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| 12 | 12 | | Subsections (y) and (z) to read as follows: |
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| 13 | 13 | | (y) A taxable entity that is a power generation company, as |
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| 14 | 14 | | that term is defined by Section 31.002, Utilities Code, shall |
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| 15 | 15 | | exclude from its total revenue, to the extent included under |
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| 16 | 16 | | Subsection (c)(1)(A), (c)(2)(A), or (c)(3), all revenue received |
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| 17 | 17 | | from the sale of electricity generated at an electric generating |
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| 18 | 18 | | facility that uses a carbon gasification technology to generate |
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| 19 | 19 | | that electricity. |
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| 20 | 20 | | (z) A taxable entity that uses a carbon gasification |
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| 21 | 21 | | technology to generate electricity for the entity's own use and |
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| 22 | 22 | | that is not a power generation company, as that term is defined by |
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| 23 | 23 | | Section 31.002, Utilities Code, shall exclude from its total |
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| 24 | 24 | | revenue, to the extent included under Subsection (c)(1)(A), |
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| 25 | 25 | | (c)(2)(A), or (c)(3), all revenue received from the sale of a |
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| 26 | 26 | | by-product, including sulfur, slag, and syngas, derived from the |
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| 27 | 27 | | generation of that electricity. |
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| 28 | 28 | | SECTION 2. This Act applies only to a report originally due |
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| 29 | 29 | | under Chapter 171, Tax Code, on or after the effective date of this |
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| 30 | 30 | | Act. |
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| 31 | 31 | | SECTION 3. This Act takes effect January 1, 2010. |
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