| H.R. No. 2995 | ||
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| BE IT RESOLVED by the House of Representatives of the State of | ||
| Texas, 81st Legislature, Regular Session, 2009, That House Rule 13, | ||
| Section 9(a), be suspended in part as provided by House Rule 13, | ||
| Section 9(f), to enable the conference committee appointed to | ||
| resolve the differences on House Bill 469 (the establishment of | ||
| incentives by this state for the implementation of projects to | ||
| capture and sequester carbon dioxide that would otherwise be | ||
| emitted into the atmosphere) to consider and take action on the | ||
| following matters: | ||
| (1) House Rule 13, Sections 9(a)(1) and (3), are suspended | ||
| to permit the committee to change, alter, or amend text that is not | ||
| in disagreement and to add text on any matter that is not in | ||
| disagreement in SECTION 1 of the bill, in the heading to added | ||
| Subchapter H, Chapter 490, Government Code, to read as follows: | ||
| SUBCHAPTER H. FRANCHISE TAX CREDIT FOR CLEAN ENERGY PROJECT | ||
| Explanation: The change is necessary to clarify that the | ||
| subchapter authorizes a franchise tax credit for a clean energy | ||
| project. | ||
| (2) House Rule 13, Sections 9(a)(3) and (4), are suspended | ||
| to permit the committee to add text on a matter that is not in | ||
| disagreement and to add text on a matter that is not included in | ||
| either the house or senate version of the bill in SECTION 1 of the | ||
| bill, in added Section 490.352(a), Government Code, to read as | ||
| follows: | ||
| A clean energy project is eligible for a franchise tax credit only | ||
| if the project is implemented in connection with the construction | ||
| of a new facility. | ||
| Explanation: This addition is necessary to limit eligibility | ||
| for the franchise tax credit authorized by the bill to clean energy | ||
| projects implemented in connection with the construction of a new | ||
| facility. | ||
| (3) House Rule 13, Sections 9(a)(1), (2), and (3), are | ||
| suspended to permit the committee to change, alter, or amend text | ||
| that is not in disagreement, to omit text that is not in | ||
| disagreement, and to add text on any matter that is not in | ||
| disagreement in SECTION 1 of the bill, in added Section 490.352(d), | ||
| Government Code, to read as follows: | ||
| (d) The amount of the franchise tax credit for each report | ||
| year is calculated by determining the amount of franchise tax that | ||
| is due based on the taxable margin generated by a clean energy | ||
| project from the generation and sale of power and the sale of any | ||
| products that are produced by the electric generation facility. | ||
| The amount of the franchise tax credit claimed under this section | ||
| for a report year may not exceed the amount of franchise tax | ||
| attributable to the clean energy project for that report year. | ||
| Explanation: The change is necessary to specify the method | ||
| to be used in calculating the amount of the franchise tax credit | ||
| issued to an entity implementing a clean energy project in this | ||
| state. | ||
| King of Parker | ||
| ______________________________ | ||
| Speaker of the House | ||
| I certify that H.R. No. 2995 was adopted by the House on May | ||
| 31, 2009, by the following vote: Yeas 141, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| King of Parker | ||