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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of the Texas emerging technology fund and other |
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incentives to promote new energy technology; imposing a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 490, Government Code, as |
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added by Chapter 280, Acts of the 79th Legislature, Regular |
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Session, 2005, is amended by adding Section 490.058 to read as |
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follows: |
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Sec. 490.058. REPORT TO LEGISLATURE. On or before January 1 |
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of each odd-numbered year, the committee shall submit a report to |
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the legislature that states: |
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(1) the amount of money distributed to each person |
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awarded a grant under this chapter during the preceding fiscal |
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biennium and the purpose for which the grant was awarded; |
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(2) a detailed description of the results produced by |
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each person awarded a grant from the fund during the preceding six |
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fiscal years as a result of receiving the grant, including the |
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technology developed and the number of jobs created; and |
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(3) an analysis of the effectiveness of using grants |
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awarded from the fund for new energy technologies in shifting the |
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economy of this state toward primarily using sustainable and |
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efficient new energy technologies. |
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SECTION 2. Section 490.101(b), Government Code, as added by |
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Chapter 280, Acts of the 79th Legislature, Regular Session, 2005, |
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is amended to read as follows: |
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(b) The following amounts shall be deposited in the fund: |
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(1) any amounts appropriated by the legislature for |
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the fund; |
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(2) benefits realized from a project undertaken with |
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money from the fund, as provided by a contract entered into under |
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Section 490.103; |
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(3) gifts, grants, and other donations received for |
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the fund; [and] |
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(4) interest earned on the investment of money in the |
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fund; and |
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(5) revenue from the coal tax imposed under Chapter |
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163, Tax Code. |
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SECTION 3. Section 490.102, Government Code, as added by |
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Chapter 280, Acts of the 79th Legislature, Regular Session, 2005, |
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is amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as provided by Subsection (c), money [Money] |
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appropriated to the fund by the legislature shall be allocated as |
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follows: |
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(1) 50 percent of the money for incentives for |
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collaboration between certain entities as provided by Subchapter D; |
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(2) 25 percent of the money for research grant |
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matching as provided by Subchapter E; and |
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(3) 25 percent of the money for acquisition of |
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research superiority as provided by Subchapter F. |
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(c) Revenue from the coal tax imposed under Chapter 163, Tax |
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Code, may be used only to provide funding for new energy |
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technologies as provided by Subchapter H. |
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SECTION 4. Chapter 490, Government Code, as added by |
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Chapter 280, Acts of the 79th Legislature, Regular Session, 2005, |
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is amended by adding Subchapter H to read as follows: |
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SUBCHAPTER H. NEW ENERGY TECHNOLOGY |
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Sec. 490.351. USE OF MONEY FOR NEW ENERGY TECHNOLOGY. (a) |
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Amounts allocated from the fund for use as provided by this |
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subchapter shall be used to promote the development, |
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implementation, and use of new energy technology. |
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(b) The committee shall recommend proposals eligible for |
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funding under this section to the governor, lieutenant governor, |
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and speaker of the house of representatives. |
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Sec. 490.352. NEW ENERGY TECHNOLOGY. (a) For purposes of |
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this subchapter, a process of providing energy that the committee |
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determines significantly reduces greenhouse gas emissions, has |
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minimal risk to public health and the environment, and is |
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sustainable and efficient is considered new energy technology. |
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(b) Nuclear fission energy may not be considered new energy |
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technology under this subchapter. |
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Sec. 490.353. ENTITIES ELIGIBLE FOR AWARD. A private |
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industry, nonprofit organization, or academic institution that |
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seeks to research and develop new energy technology or promote the |
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use or implementation of a new energy technology is eligible for |
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funding under this subchapter. |
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Sec. 490.354. NEW ENERGY TECHNOLOGY ADVISORY PANEL. (a) |
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The committee shall create a new energy technology advisory panel |
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composed of at least: |
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(1) one representative from an environmental advocacy |
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organization; |
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(2) one representative from a public health advocacy |
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organization; |
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(3) one academic scholar in the field of developing |
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new energy technology; and |
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(4) one representative from a private new energy |
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technology industry. |
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(b) The advisory panel shall advise the committee on |
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recommendations for awarding grants under this subchapter. |
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SECTION 5. Subtitle E, Title 2, Tax Code, is amended by |
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adding Chapter 163 to read as follows: |
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CHAPTER 163. COAL TAX |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 163.001. DEFINITIONS. In this chapter: |
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(1) "Coal" includes lignite. |
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(2) "Lignite" means coal commonly referred to as brown |
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coal, of intermediate grade between peat and bituminous coal. |
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(3) "Use" includes storage for use in this state, but |
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does not include the storage for use or shipment out of this state. |
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[Sections 163.002-163.020 reserved for expansion] |
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SUBCHAPTER B. IMPOSITION AND COLLECTION OF TAX |
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Sec. 163.021. TAX IMPOSED. (a) A tax is imposed on the |
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purchase in this state of coal for use in this state. |
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(b) A tax is imposed on the use of coal in this state. |
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Sec. 163.022. RATE OF TAX. (a) Except as provided by |
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Subsection (b), the rate of the taxes imposed by this chapter is 7.5 |
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percent of the total price paid for the coal, without regard to |
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where the purchase occurs, delivered at the site at which the coal |
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will be used, including transportation costs to that site. |
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(b) The rate of the taxes imposed by this chapter on coal |
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used in this state by a producer of coal who owns the coal in place |
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and who produces the coal for the producer's own use is 7.5 percent |
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of the fair market value of the coal, including transportation |
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costs to the site at which the coal is used. |
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Sec. 163.023. USE TAX DEDUCTION. A person may deduct from |
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the amount of tax otherwise imposed by Section 163.021(b) the |
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amount of tax reported and paid under Section 163.021(a). |
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Sec. 163.024. PAYMENT OF TAX. On or before the 25th day of |
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each month, each person on whom a tax is imposed by this chapter |
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shall send to the comptroller the amount of tax due under this |
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chapter for the preceding month. |
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Sec. 163.025. REPORTS. On or before the 25th day of each |
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month, each person on whom a tax is imposed by this chapter shall |
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file with the comptroller a report stating: |
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(1) the amount of coal purchased by the person for use |
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in this state and used in this state during the preceding month and |
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the total price of that coal; |
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(2) the amount of coal used in this state by a producer |
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of coal who owns the coal in place and who produces the coal for the |
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producer's own use, and the total market value of that coal; and |
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(3) any other information required by the comptroller. |
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Sec. 163.026. RECORDS. A person on whom a tax is imposed by |
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this chapter shall keep a complete record of: |
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(1) the amount of coal purchased by the person for use |
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in this state; |
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(2) the use of coal in this state by the person; and |
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(3) any other information required by the comptroller. |
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[Sections 163.027-163.050 reserved for expansion] |
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SUBCHAPTER C. PENALTIES AND OFFENSES |
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Sec. 163.051. INTEREST ON DELINQUENT TAX. A tax imposed by |
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this chapter that is delinquent draws interest as provided by |
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Section 111.060. |
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Sec. 163.052. PENALTY. (a) A person on whom a tax is |
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imposed by this chapter and who fails to file a report as required |
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by this chapter or does not pay the tax when it is due forfeits to |
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the state a penalty of 12 percent of the amount of tax delinquent. |
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(b) If a report required by this chapter is not filed or a |
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tax imposed by this chapter is not paid within 30 days after it is |
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due, the person on whom the tax is imposed forfeits to the state a |
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penalty of an additional 12 percent of the amount of tax delinquent. |
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(c) The minimum penalty under this section is $1. |
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Sec. 163.053. CRIMINAL PENALTY. (a) A person who violates |
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this chapter commits an offense. |
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(b) An offense under this section is a Class C misdemeanor. |
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[Sections 163.054-163.070 reserved for expansion] |
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SUBCHAPTER D. ALLOCATION AND USE |
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Sec. 163.071. ALLOCATION OF TAX REVENUE. All of the |
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revenue from the tax imposed by this chapter shall be deposited to |
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the credit of the Texas emerging technology fund and may be used |
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only to provide funding for new energy technology grants. |
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SECTION 6. This Act takes effect September 1, 2007. |