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  81R1115 CBH-D
 
  By: Ellis S.B. No. 130
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an exemption from the sales tax for certain renewable
  energy devices.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
  by adding Section 151.3331 to read as follows:
         Sec. 151.3331.  RENEWABLE ENERGY DEVICE. (a) In this
  section:
               (1)  "Renewable energy device" means a device that
  exclusively uses one or more renewable energy technologies to
  generate electricity.
               (2)  "Renewable energy technology" has the meaning
  assigned by Section 39.904(d), Utilities Code.
               (3)  "Retail customer" has the meaning assigned by
  Section 31.002, Utilities Code.
         (b)  The sale, use, or installation of a renewable energy
  device that is installed on a retail customer's side of the meter is
  exempted from the taxes imposed by this chapter.
         SECTION 2.  The change in law made by this Act does not
  affect tax liability accruing before the effective date of this
  Act. That liability continues in effect as if this Act had not been
  enacted, and the former law is continued in effect for the
  collection of taxes due and for civil and criminal enforcement of
  the liability for those taxes.
         SECTION 3.  This Act takes effect September 1, 2009.