83R9006 TJB-D
By: Anchia H.B. No. 2195
A BILL TO BE ENTITLED
AN ACT
relating to a franchise tax credit for building new single-family
homes or duplexes that meet certain energy efficiency standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 171, Tax Code, is amended by adding
Subchapter V to read as follows:
SUBCHAPTER V. TAX CREDIT FOR CERTAIN ENERGY-EFFICIENT HOMEBUILDING
Sec. 171.901. DEFINITIONS. In this subchapter:
(1) "Homebuilder" means any person who, for a fixed
price, commission, fee, wage, or other compensation, sells,
constructs, or supervises or manages the construction of, or
contracts for the construction of or the supervision or management
of the construction of a new single-family home or duplex.
(2) "Home energy rating system" means the Mortgage
Industry National Home Energy Rating Systems Standards developed by
the National Association of State Energy Officials and the
Residential Energy Services Network and in effect on January 1,
2014.
(3) "WaterSense program" means the program operated by
the United States Environmental Protection Agency, or a similar
successor program.
Sec. 171.902. ENTITLEMENT TO CREDIT. A taxable entity is
entitled to a credit in the amount and under the conditions and
limitations provided by this subchapter against the tax imposed
under this chapter.
Sec. 171.903. QUALIFICATION. A taxable entity qualifies
for a credit under this subchapter if the taxable entity is a
homebuilder and builds a new single-family home or duplex in this
state:
(1) that achieves a home energy rating system index
value of not more than 50;
(2) in which all applicable water use products are
certified products under the WaterSense program; and
(3) in which any landscape irrigation system was
designed and installed by a WaterSense irrigation partner.
Sec. 171.904. AMOUNT; LIMITATIONS. (a) The amount of the
credit is equal to:
(1) $4,000 for each new single-family home or duplex
that achieves a home energy rating system index value of more than
25 but not more than 50;
(2) $6,000 for each new single-family home or duplex
that achieves a home energy rating system index value of more than
zero but not more than 25; and
(3) $8,000 for each new single-family home or duplex
that achieves a home energy rating system index value of not more
than zero.
(b) The credit claimed for each reporting period may not
exceed the amount of franchise tax due, after any other applicable
tax credits, for the period.
(c) A taxable entity may claim a credit under this
subchapter relating to a new single-family home or duplex only on
the report based on the reporting period during which the
homebuilder completed construction of the new home or duplex.
(d) A taxable entity may not carry over a credit amount for a
new single-family home or duplex completed during a reporting
period to a subsequent period.
(e) A taxable entity may not convey, assign, or transfer a
credit under this subchapter to another entity.
Sec. 171.905. APPLICATION FOR CREDIT. A taxable entity
must apply for a credit under this subchapter on or with the tax
report for the period for which the credit is claimed. The taxable
entity shall file with the report proof of the home energy rating
system index value of each new single-family home or duplex for
which the taxable entity is claiming a credit under this
subchapter.
Sec. 171.906. RULES. (a) The comptroller shall adopt rules
necessary to implement this subchapter.
(b) The comptroller may adopt revisions to the home energy
rating system.
SECTION 2. This Act applies only to a report originally due
on or after the effective date of this Act.
SECTION 3. This Act takes effect January 1, 2014.