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A BILL TO BE ENTITLED
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AN ACT
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relating to a credit against the ad valorem taxes imposed on |
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property on which certain solar energy devices have been installed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Tax Code, is amended by adding |
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Section 31.039 to read as follows: |
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Sec. 31.039. TAX CREDIT FOR SOLAR ENERGY DEVICE ACQUISITION |
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AND INSTALLATION COSTS. (a) In this section, "solar energy device" |
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has the meaning assigned by Section 11.27. |
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(b) A person who owns real property and installs a solar |
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energy device on the property is entitled to a credit against the |
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taxes imposed on the property by each taxing unit that taxes the |
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property. |
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(c) The amount of the credit to which a property owner is |
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entitled under this section against the taxes imposed in a tax year |
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on the property by a taxing unit is computed by: |
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(1) dividing the amount of taxes imposed on the |
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property by the taxing unit by the total amount of taxes imposed on |
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the property by all of the taxing units that tax the property; and |
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(2) multiplying the amount determined under |
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Subdivision (1) by the lesser of the following amounts: |
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(A) an amount equal to one-sixth of the total |
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cost incurred by the property owner in acquiring the solar energy |
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device and installing the device on the property; or |
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(B) $2,500. |
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(d) A property owner may receive a credit under this section |
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against the taxes imposed on the property by a taxing unit until the |
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first tax year after the sixth tax year in which the property owner |
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receives the credit. |
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(e) To receive a credit under this section, a property owner |
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must file an application with the chief appraiser of the appraisal |
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district in which the property is located. The application must |
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include the total cost incurred by the property owner in acquiring |
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and installing the solar energy device. |
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(f) The chief appraiser shall forward a copy of the |
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application to the assessor for each taxing unit that taxes the |
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property. The assessors for the taxing units shall consult with one |
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another as necessary to compute the amount of the credit to be |
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granted by each taxing unit. |
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(g) A credit provided by this section, once allowed, need |
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not be claimed in subsequent years and applies to the property |
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regardless of any subsequent change in ownership of the property. |
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(h) The comptroller shall adopt rules for the |
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administration of this section, including rules prescribing the |
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form of an application for the credit. |
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SECTION 2. This Act applies only to ad valorem taxes imposed |
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for a tax year beginning on or after the effective date of this Act. |
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SECTION 3. This Act takes effect January 1, 2023, but only |
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if the constitutional amendment proposed by the 87th Legislature, |
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3rd Called Session, 2021, to authorize the legislature to provide |
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for a credit against the ad valorem taxes imposed on property on |
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which a solar energy device has been installed based on the cost of |
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acquiring and installing the device is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |