77R11071 SMJ-D
By Delisi, Hupp H.B. No. 2234
Substitute the following for H.B. No. 2234:
By McCall C.S.H.B. No. 2234
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to franchise tax deductions and exemptions for certain
1-3 business activities involving wind energy devices.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 171, Tax Code, is amended by
1-6 adding Section 171.088 to read as follows:
1-7 Sec. 171.088. EXEMPTION--CORPORATION ENGAGED IN BUSINESS
1-8 INVOLVING WIND ENERGY DEVICES. (a) In this section, "wind energy
1-9 device" means a system or a series of mechanisms designed primarily
1-10 to provide heating or cooling or to produce electrical or
1-11 mechanical power by collecting and transferring wind-generated
1-12 energy.
1-13 (b) A corporation engaged solely in the business of
1-14 manufacturing, selling, or installing wind energy devices is
1-15 exempted from the franchise tax.
1-16 SECTION 2. Subchapter C, Chapter 171, Tax Code, is amended by
1-17 adding Section 171.108 to read as follows:
1-18 Sec. 171.108. DEDUCTION OF COST OF WIND ENERGY DEVICE. (a)
1-19 In this section, "wind energy device" has the meaning assigned by
1-20 Section 171.088.
1-21 (b) A corporation may deduct from its apportioned taxable
1-22 capital the amortized cost of a wind energy device or from its
1-23 apportioned taxable earned surplus 10 percent of the amortized cost
1-24 of a wind energy device if:
2-1 (1) the device is acquired by the corporation for
2-2 heating or cooling or for the production of power;
2-3 (2) the device is used in this state by the
2-4 corporation; and
2-5 (3) the cost of the device is amortized:
2-6 (A) beginning in the month in which the device
2-7 is placed in service in this state;
2-8 (B) in equal monthly amounts for a period of at
2-9 least 60 months; and
2-10 (C) only for a period in which the device is
2-11 used in this state.
2-12 (c) A corporation that makes a deduction under this section
2-13 shall file with the comptroller an amortization schedule showing
2-14 the period in which a deduction will be made. On the request of
2-15 the comptroller, the corporation shall file with the comptroller
2-16 proof of the cost of the wind energy device or of the device's
2-17 operation in this state.
2-18 (d) A corporation may elect to make the deduction under this
2-19 section either from apportioned taxable capital or apportioned
2-20 taxable earned surplus for each regular annual period. An election
2-21 for an initial tax period applies to the second tax period and to
2-22 the first regular annual period.
2-23 SECTION 3. This Act takes effect January 1, 2002, and applies
2-24 to a report originally due on or after that date.