| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a credit against the ad valorem taxes imposed on |
|
|
property on which certain solar energy devices have been installed. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 31, Tax Code, is amended by adding |
|
|
Section 31.039 to read as follows: |
|
|
Sec. 31.039. TAX CREDIT FOR SOLAR ENERGY DEVICE ACQUISITION |
|
|
AND INSTALLATION COSTS. (a) In this section, "solar energy device" |
|
|
has the meaning assigned by Section 11.27. |
|
|
(b) A person who owns real property and installs a solar |
|
|
energy device on the property is entitled to a credit against the |
|
|
taxes imposed on the property by each taxing unit that taxes the |
|
|
property. |
|
|
(c) The amount of the credit to which a property owner is |
|
|
entitled under this section against the taxes imposed in a tax year |
|
|
on the property by a taxing unit is computed by: |
|
|
(1) dividing the amount of taxes imposed on the |
|
|
property by the taxing unit by the total amount of taxes imposed on |
|
|
the property by all of the taxing units that tax the property; and |
|
|
(2) multiplying the amount determined under |
|
|
Subdivision (1) by the lesser of the following amounts: |
|
|
(A) an amount equal to one-sixth of the total |
|
|
cost incurred by the property owner in acquiring the solar energy |
|
|
device and installing the device on the property; or |
|
|
(B) $2,500. |
|
|
(d) A property owner may receive a credit under this section |
|
|
against the taxes imposed on the property by a taxing unit until the |
|
|
first tax year after the sixth tax year in which the property owner |
|
|
receives the credit. |
|
|
(e) To receive a credit under this section, a property owner |
|
|
must file an application with the chief appraiser of the appraisal |
|
|
district in which the property is located. The application must |
|
|
include the total cost incurred by the property owner in acquiring |
|
|
and installing the solar energy device. |
|
|
(f) The chief appraiser shall forward a copy of the |
|
|
application to the assessor for each taxing unit that taxes the |
|
|
property. The assessors for the taxing units shall consult with one |
|
|
another as necessary to compute the amount of the credit to be |
|
|
granted by each taxing unit. |
|
|
(g) A credit provided by this section, once allowed, need |
|
|
not be claimed in subsequent years and applies to the property |
|
|
regardless of any subsequent change in ownership of the property. |
|
|
(h) The comptroller shall adopt rules for the |
|
|
administration of this section, including rules prescribing the |
|
|
form of an application for the credit. |
|
|
SECTION 2. This Act applies only to ad valorem taxes imposed |
|
|
for a tax year beginning on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect January 1, 2022, but only |
|
|
if the constitutional amendment proposed by the 87th Legislature, |
|
|
Regular Session, 2021, to authorize the legislature to provide for |
|
|
a credit against the ad valorem taxes imposed on property on which a |
|
|
solar energy device has been installed based on the cost of |
|
|
acquiring and installing the device is approved by the voters. If |
|
|
that amendment is not approved by the voters, this Act has no |
|
|
effect. |