By Hirschi                                      H.B. No. 1725

      75R1584 CBH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the imposition of a tax on the purchase of coal in this

 1-3     state by a public utility; providing penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subtitle E, Title 2, Tax Code, is amended by

 1-6     adding Chapter 161 to read as follows:

 1-7                    CHAPTER 161.  PUBLIC UTILITY COAL TAX

 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-9           Sec. 161.001.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Coal" includes lignite.

1-11                 (2)  "Lignite" means coal commonly referred to as brown

1-12     coal, of intermediate grade between peat and bituminous coal.

1-13                 (3)  "Public utility" means:

1-14                       (A)  a water and sewer utility, as defined by

1-15     Section 13.002, Water Code;

1-16                       (B)  a public utility, as defined by Section

1-17     1.004, Public Utility Regulatory Act of 1995 (Article 1446c-0,

1-18     Vernon's Texas Civil Statutes); and

1-19                       (C)  a gas utility, as defined by Section 1.03,

1-20     Gas Utility Regulatory Act (Article 1446e, Vernon's Texas Civil

1-21     Statutes).

1-22                 (4)  "Use" includes storage for use in this state, but

1-23     does not include storage for use or shipment out of this state.

1-24              (Sections 161.002-161.020 reserved for expansion

 2-1               SUBCHAPTER B.  IMPOSITION AND COLLECTION OF TAX

 2-2           Sec. 161.021.  TAX IMPOSED.  (a)  A tax is imposed on the

 2-3     purchase in this state of coal for use in this state by a  public

 2-4     utility engaged in business in this state.

 2-5           (b)  A tax is imposed on the use of any coal in this state by

 2-6     a public utility engaged in business in this state.

 2-7           Sec. 161.022.  RATE OF TAX.  The rate of the taxes imposed by

 2-8     this chapter is 7.5 percent of the price paid for the coal by the

 2-9     public utility.

2-10           Sec. 161.023.  USE TAX DEDUCTION.  A public utility may

2-11     deduct from the amount of tax otherwise imposed by Section

2-12     161.021(b) the amount of tax reported and paid under Section

2-13     161.021(a).

2-14           Sec. 161.024.  PAYMENT OF TAX.  On or before the 25th day of

2-15     each month, each public utility shall send to the comptroller the

2-16     amount of tax due under this chapter for the preceding month.

2-17           Sec. 161.025.  REPORTS.  (a)  On or before the 25th day of

2-18     each month, each public utility  shall file with the comptroller a

2-19     report stating:

2-20                 (1)  the amount of  coal purchased by  the public

2-21     utility for use in this state and used in this state during the

2-22     preceding month;

2-23                 (2)  the price of that coal; and

2-24                 (3)  any other information required by the comptroller.

2-25           (b)  A public utility that does not purchase or use coal

2-26     during a month is not required to file a report under Subsection

2-27     (a).

 3-1           (c)  To determine eligibility for the exemption provided by

 3-2     Subsection (b), the comptroller may require a public utility to

 3-3     file an information report with the comptroller that  contains any

 3-4     information the comptroller requires for that determination.

 3-5           Sec. 161.026.  RECORDS.  A public utility shall keep a

 3-6     complete record of:

 3-7                 (1)  the use of coal in this state by the public

 3-8     utility;

 3-9                 (2)  the amount of coal purchased by the public utility

3-10     for use in this state; and

3-11                 (3)  any other information required by the comptroller.

3-12              (Sections 161.027-161.050 reserved for expansion

3-13                    SUBCHAPTER C.  PENALTIES AND OFFENSES

3-14           Sec. 161.051.  INTEREST ON DELINQUENT TAX.  A tax imposed by

3-15     this chapter that is delinquent draws interest as provided by

3-16     Section 111.060.

3-17           Sec. 161.052.  PENALTY.  (a)  A person on whom a tax is

3-18     imposed by this chapter and who fails to file a report as  required

3-19     by this chapter or does not pay the tax when it is due forfeits to

3-20     the state a penalty of 12 percent of the amount of tax delinquent.

3-21           (b)  If a report required by this chapter is not filed or a

3-22     tax imposed by this chapter is not paid within 30 days after it is

3-23     due, the person on whom the tax is imposed forfeits to the state a

3-24     penalty of an additional 12 percent of the amount of tax

3-25     delinquent.

3-26           (c)  The minimum penalty under this section is $1.

3-27           Sec. 161.053.  CRIMINAL PENALTY.  (a)  A person who violates

 4-1     this chapter commits an offense.

 4-2           (b)  An offense under this section is a Class C misdemeanor.

 4-3              (Sections 161.054-161.070 reserved for expansion

 4-4                          SUBCHAPTER D.  ALLOCATION

 4-5           Sec. 161.071.  ALLOCATION OF TAX REVENUE.  All of the revenue

 4-6     from the tax imposed by this chapter shall be deposited to the

 4-7     credit of the general revenue fund.

 4-8           SECTION 2.  This Act takes effect December 1, 1997, and

 4-9     applies to coal purchased by a public utility on or after that

4-10     date.

4-11           SECTION 3.  The importance of this legislation and the

4-12     crowded condition of the calendars in both houses create an

4-13     emergency and an imperative public necessity that the

4-14     constitutional rule requiring bills to be read on three several

4-15     days in each house be suspended, and this rule is hereby suspended.