By: King of Parker H.R. No. 2995
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 469 (the establishment of
incentives by this state for the implementation of projects to
capture and sequester carbon dioxide that would otherwise be
emitted into the atmosphere) to consider and take action on the
following matters:
(1) House Rule 13, Sections 9(a)(1) and (3), are suspended
to permit the committee to change, alter, or amend text that is not
in disagreement and to add text on any matter that is not in
disagreement in SECTION 1 of the bill, in the heading to added
Subchapter H, Chapter 490, Government Code, to read as follows:
SUBCHAPTER H. FRANCHISE TAX CREDIT FOR CLEAN ENERGY PROJECT
Explanation: The change is necessary to clarify that the
subchapter authorizes a franchise tax credit for a clean energy
project.
(2) House Rule 13, Section 9(a)(3) and (4), are suspended to
permit the committee to add text on a matter that is not in
disagreement and to add text on a matter that is not included in
either the house or senate version of the bill in SECTION 1 of the
bill, in added Section 490.352(a), Government Code, to read as
follows:
A clean energy project is eligible for a franchise tax credit only
if the project is implemented in connection with the construction
of a new facility.
Explanation: This addition is necessary to limit eligibility
for the franchise tax credit authorized by the bill to clean energy
projects implemented in connection with the construction of a new
facility.
(3) House Rule 13, Sections 9(a)(1), (2), and (3), are
suspended to permit the committee to change, alter, or amend text
that is not in disagreement, to omit text that is not in
disagreement, and to add text on any matter that is not in
disagreement in SECTION 1 of the bill, in added Section 490.352(d),
Government Code, to read as follows:
(d) The amount of the franchise tax credit for each report
year is calculated by determining the amount of franchise tax that
is due based on the taxable margin generated by a clean energy
project from the generation and sale of power and the sale of any
products that are produced by the electric generation facility.
The amount of the franchise tax credit claimed under this section
for a report year may not exceed the amount of franchise tax
attributable to the clean energy project for that report year.
Explanation: The change is necessary to specify the method to
be used in calculating the amount of the franchise tax credit issued
to an entity implementing a clean energy project in this state.