81R11563 CBH-D
 
  By: Anderson H.B. No. 2771
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the computation of total revenue in relation to
  facilities that use a carbon gasification technology to generate
  electricity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 171.1011, Tax Code, is amended by adding
  Subsections (y) and (z) to read as follows:
         (y)  A taxable entity that is a power generation company, as
  that term is defined by Section 31.002, Utilities Code, shall
  exclude from its total revenue, to the extent included under
  Subsection (c)(1)(A), (c)(2)(A), or (c)(3), all revenue received
  from the sale of electricity generated at an electric generating
  facility that uses a carbon gasification technology to generate
  that electricity.
         (z)  A taxable entity that uses a carbon gasification
  technology to generate electricity for the entity's own use and
  that is not a power generation company, as that term is defined by
  Section 31.002, Utilities Code, shall exclude from its total
  revenue, to the extent included under Subsection (c)(1)(A),
  (c)(2)(A), or (c)(3), all revenue received from the sale of a
  by-product, including sulfur, slag, and syngas, derived from the
  generation of that electricity.
         SECTION 2.  This Act applies only to a report originally due
  under Chapter 171, Tax Code, on or after the effective date of this
  Act.
         SECTION 3.  This Act takes effect January 1, 2010.