Bill Text: TX HB1849 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a franchise tax deduction for the cost of certain sustainable commercial buildings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-03 - Referred to Ways & Means [HB1849 Detail]
Download: Texas-2011-HB1849-Introduced.html
| 82R7919 JE-D | ||
| By: Farrar | H.B. No. 1849 | |
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| relating to a franchise tax deduction for the cost of certain | ||
| sustainable commercial buildings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 171, Tax Code, is amended | ||
| by adding Section 171.1075 to read as follows: | ||
| Sec. 171.1075. DEDUCTION OF COST OF SUSTAINABLE BUILDING | ||
| FROM MARGIN APPORTIONED TO THIS STATE. (a) In this section, | ||
| "energy office" means the State Energy Conservation Office. | ||
| (b) A taxable entity may deduct from its apportioned margin | ||
| 10 percent of the amortized cost of a commercial building if: | ||
| (1) the building is a sustainable building certified | ||
| by the energy office under Subsection (e); | ||
| (2) the building is constructed by the taxable entity; | ||
| (3) the building is located in this state; and | ||
| (4) the cost of the building is amortized in | ||
| accordance with Subsection (c). | ||
| (c) The amortization of the cost of a sustainable building | ||
| must: | ||
| (1) be for a period of at least 60 months; | ||
| (2) provide for equal monthly amounts or conform to | ||
| federal depreciation schedules; | ||
| (3) begin on the month in which the building is placed | ||
| in service; and | ||
| (4) cover only a period in which the building is in | ||
| use. | ||
| (d) A taxable entity that makes a deduction under this | ||
| section shall file with the comptroller an amortization schedule | ||
| showing the period in which a deduction is to be made. On the | ||
| request of the comptroller, the taxable entity shall file with the | ||
| comptroller proof of: | ||
| (1) certification by the energy office under | ||
| Subsection (e); and | ||
| (2) the cost of the building. | ||
| (e) The energy office shall certify a sustainable building | ||
| that meets the standards adopted by the energy office under | ||
| Subsection (f). | ||
| (f) The energy office shall: | ||
| (1) adopt and update as necessary energy efficiency | ||
| and conservation standards for the construction of a sustainable | ||
| building that initially match those of a silver certification for a | ||
| commercial building under the Leadership in Energy and | ||
| Environmental Design (LEED) rating system as it exists on January | ||
| 1, 2011; and | ||
| (2) adopt rules to implement this section. | ||
| SECTION 2. This Act applies only to a report originally due | ||
| on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect January 1, 2012. | ||
