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A BILL TO BE ENTITLED
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AN ACT
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relating to imposing an additional franchise tax on certain solar |
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and wind energy producers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 171, Tax Code, is amended |
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by adding Section 171.0012 to read as follows: |
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Sec. 171.0012. ADDITIONAL TAX: SOLAR AND WIND ENERGY |
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PRODUCERS. (a) An additional tax is imposed on a taxable entity |
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that is a solar or wind energy producer with a capacity of more than |
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1 megawatt. |
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(b) The additional tax is equal to the sum of the amounts of |
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all benefits the taxable entity received during the reporting |
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period from: |
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(1) a federal subsidy; |
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(2) a federal tax credit; or |
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(3) another federal benefit or tax preference. |
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(c) A taxable entity that receives a benefit described by |
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Subsection (b) during a reporting period shall: |
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(1) file a report under Section 171.201 or 171.202, as |
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applicable, regardless of whether the entity would otherwise have |
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been exempt from filing the report as provided by Section 171.2022; |
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and |
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(2) include on the report the dollar amount of each of |
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those benefits the entity received during the reporting period. |
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SECTION 2. Section 171.0012, Tax Code, as added by this Act, |
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applies only to a report originally due on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect January 1, 2026. |