By: Thompson of Brazoria (Senate Sponsor - Nichols) H.B. No. 2774
(In the Senate - Received from the House May 1, 2023;
May 2, 2023, read first time and referred to Committee on Water,
Agriculture & Rural Affairs; May 9, 2023, reported favorably by the
following vote: Yeas 8, Nays 0; May 9, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
PerryX
HancockX
BlancoX
FloresX
GutierrezX
JohnsonX
KolkhorstX
SparksX
SpringerX
A BILL TO BE ENTITLED
AN ACT
relating to the treatment of income tax expenses in rate
proceedings for water and sewer utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.185(f), Water Code, is amended to
read as follows:
(f) If an expense is allowed to be included in utility rates
or an investment is included in the utility rate base, the related
income tax benefit must be included in the computation of income tax
expense to reduce the rates. If an expense is not allowed to be
included in utility rates or an investment is not included in the
utility rate base, the related income tax benefit may not be
included in the computation of income tax expense to reduce the
rates. The income tax expense shall be computed using the statutory
income tax rates. The amount of income tax that a consolidated
group of which a utility is a member saves, because the consolidated
return eliminates the intercompany profit on purchases by the
utility from an affiliate, shall be applied to reduce the cost of
the property or service purchased from the affiliate. [If the
utility is a member of an affiliated group that is eligible to file
a consolidated income tax return and if it is advantageous to the
utility to do so, income taxes shall be computed as though a
consolidated return had been filed and the utility had realized its
fair share of the savings resulting from the consolidated return,
unless it is shown to the satisfaction of the regulatory authority
that it was reasonable to choose not to consolidate returns. The
amounts of income taxes saved by a consolidated group of which a
utility is a member due to the elimination in the consolidated
return of the intercompany profit on purchases by the utility from
an affiliate shall be applied to reduce the cost of those
purchases.] The investment tax credit allowed against federal
income taxes to the extent retained by the utility shall be applied
as a reduction in the rate-based contribution of the assets to which
the credit applies to the extent and at the rate as allowed by the
Internal Revenue Code.
SECTION 2. The changes in law made by this Act apply only to
a rate proceeding under Chapter 13, Water Code, that begins on or
after the effective date of this Act. A rate proceeding that begins
before the effective date of this Act is governed by the law in
effect on the date the rate proceeding began, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.
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