1 | 1 | | By: Seliger S.R. No. 1102 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | SENATE RESOLUTION |
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5 | 5 | | BE IT RESOLVED by the Senate of the State of Texas, 81st |
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6 | 6 | | Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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7 | 7 | | suspended in part as provided by Senate Rule 12.08 to enable the |
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8 | 8 | | conference committee appointed to resolve the differences on |
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9 | 9 | | House Bill No. 469 (the establishment of incentives by this state |
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10 | 10 | | for the implementation of projects to capture and sequester |
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11 | 11 | | carbon dioxide that would otherwise be emitted into the |
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12 | 12 | | atmosphere) to consider and take action on the following matters: |
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13 | 13 | | (1) Senate Rules 12.03(1) and (3) are suspended to permit |
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14 | 14 | | the committee to change, alter, or amend text that is not in |
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15 | 15 | | disagreement and to add text on a matter that is not in |
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16 | 16 | | disagreement in SECTION 1 of the bill, in the heading to added |
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17 | 17 | | Subchapter H, Chapter 490, Government Code, to read as follows: |
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18 | 18 | | SUBCHAPTER H. FRANCHISE TAX CREDIT FOR CLEAN ENERGY PROJECT |
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19 | 19 | | Explanation: The change is necessary to clarify that the |
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20 | 20 | | subchapter authorizes a franchise tax credit for a clean energy |
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21 | 21 | | project. |
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22 | 22 | | (2) Senate Rules 12.03(3) and (4) are suspended to permit |
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23 | 23 | | the committee to add text on a matter that is not in disagreement |
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24 | 24 | | and to add text on a matter that is not included in either the |
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25 | 25 | | house or senate version of the bill in SECTION 1 of the bill, in |
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26 | 26 | | added Subsection (a), Section 490.352, Government Code, to read |
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27 | 27 | | as follows: |
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28 | 28 | | A clean energy project is eligible for a franchise tax credit |
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29 | 29 | | only if the project is implemented in connection with the |
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30 | 30 | | construction of a new facility. |
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31 | 31 | | Explanation: This addition is necessary to limit |
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32 | 32 | | eligibility for the franchise tax credit authorized by the bill |
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33 | 33 | | to clean energy projects implemented in connection with the |
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34 | 34 | | construction of a new facility. |
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35 | 35 | | (3) Senate Rules 12.03(1), (2), and (3) are suspended to |
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36 | 36 | | permit the committee to change, alter, or amend text that is not |
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37 | 37 | | in disagreement, to omit text that is not in disagreement, and to |
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38 | 38 | | add text on any matter that is not in disagreement in SECTION 1 of |
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39 | 39 | | the bill, in added Subsection (d), Section 490.352, Government |
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40 | 40 | | Code, to read as follows: |
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41 | 41 | | (d) The amount of the franchise tax credit for each |
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42 | 42 | | report year is calculated by determining the amount of franchise |
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43 | 43 | | tax that is due based on the taxable margin generated by a clean |
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44 | 44 | | energy project from the generation and sale of power and the sale |
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45 | 45 | | of any products that are produced by the electric generation |
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46 | 46 | | facility. The amount of the franchise tax credit claimed under |
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47 | 47 | | this section for a report year may not exceed the amount of |
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48 | 48 | | franchise tax attributable to the clean energy project for that |
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49 | 49 | | report year. |
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50 | 50 | | Explanation: The change is necessary to specify the method |
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51 | 51 | | to be used in calculating the amount of the franchise tax credit |
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52 | 52 | | issued to an entity implementing a clean energy project in this |
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53 | 53 | | state. |
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54 | 54 | | _______________________________ |
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55 | 55 | | President of the Senate |
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56 | 56 | | I hereby certify that the |
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57 | 57 | | above Resolution was adopted by |
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58 | 58 | | the Senate on May 31, 2009. |
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59 | 59 | | _______________________________ |
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60 | 60 | | Secretary of the Senate |
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