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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill No. 469 (the establishment of incentives by this state |
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for the implementation of projects to capture and sequester |
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carbon dioxide that would otherwise be emitted into the |
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atmosphere) to consider and take action on the following matters: |
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(1) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to change, alter, or amend text that is not in |
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disagreement and to add text on a matter that is not in |
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disagreement in SECTION 1 of the bill, in the heading to added |
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Subchapter H, Chapter 490, Government Code, to read as follows: |
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SUBCHAPTER H. FRANCHISE TAX CREDIT FOR CLEAN ENERGY PROJECT |
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Explanation: The change is necessary to clarify that the |
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subchapter authorizes a franchise tax credit for a clean energy |
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project. |
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(2) Senate Rules 12.03(3) and (4) are suspended to permit |
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the committee to add text on a matter that is not in disagreement |
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and to add text on a matter that is not included in either the |
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house or senate version of the bill in SECTION 1 of the bill, in |
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added Subsection (a), Section 490.352, Government Code, to read |
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as follows: |
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A clean energy project is eligible for a franchise tax credit |
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only if the project is implemented in connection with the |
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construction of a new facility. |
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Explanation: This addition is necessary to limit |
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eligibility for the franchise tax credit authorized by the bill |
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to clean energy projects implemented in connection with the |
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construction of a new facility. |
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(3) Senate Rules 12.03(1), (2), and (3) are suspended to |
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permit the committee to change, alter, or amend text that is not |
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in disagreement, to omit text that is not in disagreement, and to |
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add text on any matter that is not in disagreement in SECTION 1 of |
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the bill, in added Subsection (d), Section 490.352, Government |
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Code, to read as follows: |
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(d) The amount of the franchise tax credit for each |
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report year is calculated by determining the amount of franchise |
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tax that is due based on the taxable margin generated by a clean |
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energy project from the generation and sale of power and the sale |
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of any products that are produced by the electric generation |
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facility. The amount of the franchise tax credit claimed under |
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this section for a report year may not exceed the amount of |
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franchise tax attributable to the clean energy project for that |
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report year. |
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Explanation: The change is necessary to specify the method |
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to be used in calculating the amount of the franchise tax credit |
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issued to an entity implementing a clean energy project in this |
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state. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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_______________________________ |
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Secretary of the Senate |