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1 | 1 | 2009S0605-1 03/06/09 | |
2 | 2 | By: Oliveira H.B. No. 3897 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the tax rate for certain retail electric providers. | |
8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
9 | 9 | SECTION 1. Subchapter A, Chapter 171, Tax Code, is amended | |
10 | 10 | by adding Section 171.0022 to read as follows: | |
11 | 11 | Sec. 171.0022. TAX RATE FOR CERTAIN RETAIL ELECTRIC | |
12 | 12 | PROVIDERS. If a taxable entity obtains more than 90 percent of its | |
13 | 13 | annual total revenue from its activities in retail or wholesale | |
14 | 14 | trade, and the taxable entity owns a retail electric provider as | |
15 | 15 | defined by Section 31.002, Utilities Code: | |
16 | 16 | (1) the total revenue generated from its activities in | |
17 | 17 | retail or wholesale trade is subject to the tax rate found in | |
18 | 18 | Section 171.002(b) if the taxable entity meets the requirements | |
19 | 19 | under Section 171.002(c)(1) and (2); | |
20 | 20 | (2) Section 171.002(c)(3) does not apply; and | |
21 | 21 | (3) the total revenue generated from the retail | |
22 | 22 | electric provider as defined by Section 31.002, Utilities Code, is | |
23 | 23 | subject to the tax rate found in Section 171.002(a). | |
24 | 24 | SECTION 2. This Act takes effect January 1, 2010. |