81R11563 CBH-D
By: Anderson H.B. No. 2771
A BILL TO BE ENTITLED
AN ACT
relating to the computation of total revenue in relation to
facilities that use a carbon gasification technology to generate
electricity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.1011, Tax Code, is amended by adding
Subsections (y) and (z) to read as follows:
(y) A taxable entity that is a power generation company, as
that term is defined by Section 31.002, Utilities Code, shall
exclude from its total revenue, to the extent included under
Subsection (c)(1)(A), (c)(2)(A), or (c)(3), all revenue received
from the sale of electricity generated at an electric generating
facility that uses a carbon gasification technology to generate
that electricity.
(z) A taxable entity that uses a carbon gasification
technology to generate electricity for the entity's own use and
that is not a power generation company, as that term is defined by
Section 31.002, Utilities Code, shall exclude from its total
revenue, to the extent included under Subsection (c)(1)(A),
(c)(2)(A), or (c)(3), all revenue received from the sale of a
by-product, including sulfur, slag, and syngas, derived from the
generation of that electricity.
SECTION 2. This Act applies only to a report originally due
under Chapter 171, Tax Code, on or after the effective date of this
Act.
SECTION 3. This Act takes effect January 1, 2010.