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Amend CSHB 3 as follows by adding the following appropriately
numbered Article to read as follows:
ARTICLE ____. ELECTRIC FEE
SECTION ____.01. Subtitle B, Title 2, Utilities Code, is
amended by adding Chapter 42 to read as follows:
CHAPTER 42. FEE ON SALE OF ELECTRICITY
Sec. 42.001. APPLICATION OF CHAPTER. This chapter applies
to:
(1) an electric utility that provides electric service
to retail commercial customers;
(2) a retail electric provider;
(3) a municipally owned utility; and
(4) an electric cooperative that provide electric
service to retail commercial customers.
Sec. 42.002. IMPOSITION OF FEE. Each electric utility,
retail electric provider, municipally owned utility, and electric
cooperative shall collect from each retail commercial customer a
fee as provided by this chapter.
Sec. 42.002. RATE OF FEE. The rate of the fee imposed under
this chapter is equal to $5 for each megawatt hour sold to a retail
customer each month.
Sec. 42.003. PAYMENT OF FEE. (a) On or before the 20th day
of the month following the end of each calendar month, each electric
utility, retail electric provider, municipally owned utility, or
electric cooperative that is required to collect the fee under this
chapter shall send to the comptroller the amount of the fee the
utility, provider, or cooperative collected for the preceding
calendar month.
(b) An electric utility, retail electric provider,
municipally owned utility, or electric cooperative that makes
timely payment of the fee imposed under this subchapter is entitled
to retain an amount equal to one-half of one percent of the amount
of the fees due as reimbursement for the costs of collecting the
fee.
Sec. 42.004. REPORTS. On or before the 20th day of the month
following the end of each calendar month, each electric utility,
retail electric provider, municipally owned utility, or electric
cooperative that is required to collect the fee under this chapter
shall file with the comptroller a report stating:
(1) the number of megawatt hours sold to retail
customers during the preceding calendar month; and
(2) any other information required by the comptroller.
Sec. 42.005. RECORDS. An electric utility, retail electric
provider, municipally owned utility, or electric cooperative that
is required to collect the fee under this chapter shall keep a
complete record of:
(1) the number of megawatt hours sold to retail
customers during the preceding calendar month; and
(2) any other information required by the comptroller.
Sec. 42.006. ALLOCATION OF TAX REVENUE. (a) The revenue
from the fee imposed by this chapter shall be deposited to the
credit of the general revenue fund.
(b) Fifty percent of the money deposited to the credit of the
general revenue fund under Subsection (b) may be used only to reduce
the rate of the taxes imposed under Chapter 151, Tax Code. The
remainder of the money deposited under Subsection (a) may be used
only to reduce the rates of the taxes imposed under Chapters 171 and
251, Tax Code.