Bill Text: TX HB433 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to imposing a tax on the generation of electricity by certain electric generators; providing penalties; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-02-25 - Referred to Ways & Means [HB433 Detail]

Download: Texas-2021-HB433-Introduced.html
  87R1225 BEF-D
 
  By: King of Hemphill H.B. No. 433
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to imposing a tax on the generation of electricity by
  certain electric generators; providing penalties; creating a
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Tax Code, is amended by
  adding Chapter 165 to read as follows:
  CHAPTER 165. TAX ON GENERATION OF ELECTRICITY
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 165.001.  DEFINITIONS. In this chapter:
               (1)  "Affiliated power generation company," "electric
  utility," and "exempt wholesale generator" have the meanings
  assigned by Section 31.002, Utilities Code.
               (2)  "Electric cooperative" has the meaning assigned by
  Section 11.003, Utilities Code.
               (3)  "Electric generator" includes:
                     (A)  an affiliated power generation company;
                     (B)  an electric utility or electric cooperative
  that owns or operates for compensation in this state equipment or
  facilities to generate electricity in this state;
                     (C)  an exempt wholesale generator; and
                     (D)  a power generation company.
               (4)  "Power generation company" has the meaning
  assigned by Section 31.002, Utilities Code, except that the term
  does not include a distributed natural gas generation facility, as
  that term is defined by Section 31.002, Utilities Code.
  SUBCHAPTER B. IMPOSITION AND COLLECTION OF TAX
         Sec. 165.021.  TAX IMPOSED. A tax is imposed on each
  electric generator in this state that generates electricity using
  an energy source other than natural gas.
         Sec. 165.022.  RATE OF TAX. The rate of the tax imposed by
  this chapter is one cent for each kilowatt hour of electricity
  generated using an energy source other than natural gas.
         Sec. 165.023.  PAYMENT OF TAX. On or before the 25th day of
  each month, each electric generator on whom a tax is imposed by this
  chapter shall send to the comptroller the amount of tax due under
  this chapter for the preceding month.
         Sec. 165.024.  REPORTS. On or before the 25th day of each
  month, each electric generator on whom a tax is imposed by this
  chapter shall file with the comptroller a report stating:
               (1)  the number of kilowatt hours of electricity
  generated during the preceding month using an energy source other
  than natural gas; and
               (2)  any other information required by the comptroller.
         Sec. 165.025.  RECORDS. A person on whom a tax is imposed by
  this chapter shall keep a complete record of:
               (1)  the number of kilowatt hours of electricity
  generated during the preceding month using an energy source other
  than natural gas; and
               (2)  any other information required by the comptroller.
  SUBCHAPTER C. PENALTIES AND OFFENSES
         Sec. 165.051.  INTEREST ON DELINQUENT TAX. A tax imposed by
  this chapter that is delinquent draws interest as provided by
  Section 111.060.
         Sec. 165.052.  PENALTY. (a) An electric generator on whom a
  tax is imposed by this chapter and who fails to file a report as
  required by this chapter or does not pay the tax when it is due
  forfeits to the state a penalty of 12 percent of the amount of tax
  that is delinquent.
         (b)  If a report required by this chapter is not filed or a
  tax imposed by this chapter is not paid on or before the 30th day
  after the date it is due, the electric generator on whom the tax is
  imposed forfeits to the state a penalty of an additional 12 percent
  of the amount of tax that is delinquent.
         (c)  The minimum penalty under this section is $1.
         Sec. 165.053.  CRIMINAL PENALTY. (a) A person who violates
  this chapter commits an offense.
         (b)  An offense under this section is a Class C misdemeanor.
  SUBCHAPTER D. ALLOCATION AND USE
         Sec. 165.071.  ALLOCATION OF TAX REVENUE. The revenue from
  the tax imposed by this chapter shall be deposited to the credit of
  the foundation school fund.
         SECTION 2.  This Act takes effect September 1, 2021.
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