By: Seliger S.R. No. 1102
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill No. 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) Senate Rules 12.03(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 a 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) Senate Rules 12.03(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 Subsection (a), Section 490.352, 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) Senate Rules 12.03(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 Subsection (d), Section 490.352, 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
_______________________________
Secretary of the Senate