Bill Text: TX HB1735 | 2013-2014 | 83rd Legislature | Comm Sub


Bill Title: Relating to the exclusion of certain taxable entities from a combined group for purposes of the franchise tax.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB1735 Detail]

Download: Texas-2013-HB1735-Comm_Sub.html
  83R19499 BEF-F
 
  By: Hilderbran H.B. No. 1735
 
  Substitute the following for H.B. No. 1735:
 
  By:  Hilderbran C.S.H.B. No. 1735
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exclusion of certain taxable entities from a
  combined group for purposes of the franchise tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 171.1014, Tax Code, is amended by adding
  Subsection (j) to read as follows:
         (j)  Notwithstanding any other provision of this section, a
  taxable entity that provides retail or wholesale electric utilities
  may not be included as a member of a combined group that includes
  one or more taxable entities that do not provide retail or wholesale
  electric utilities if that combined group in the absence of this
  subsection:
               (1)  would not meet the requirements of Section
  171.002(c) solely because one or more members of the combined group
  provide retail or wholesale electric utilities; and
               (2)  would have less than five percent of the combined
  group's total revenue derived from providing retail or wholesale
  electric utilities.
         SECTION 2.  It is the intent of the legislature that certain
  taxable entities that are part of an affiliated group and that
  provide retail or wholesale electric utilities be disqualified as
  members of certain combined groups for purposes of the franchise
  tax.
         SECTION 3.  This Act applies only to a report originally due
  on or after January 1, 2014.
         SECTION 4.  This Act takes effect September 1, 2013.
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