Bill Text: TX HB2195 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to a franchise tax credit for building new single-family homes or duplexes that meet certain energy efficiency standards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-11 - Referred to Ways & Means [HB2195 Detail]
Download: Texas-2013-HB2195-Introduced.html
83R9006 TJB-D | ||
By: Anchia | H.B. No. 2195 |
|
||
|
||
relating to a franchise tax credit for building new single-family | ||
homes or duplexes that meet certain energy efficiency standards. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 171, Tax Code, is amended by adding | ||
Subchapter V to read as follows: | ||
SUBCHAPTER V. TAX CREDIT FOR CERTAIN ENERGY-EFFICIENT HOMEBUILDING | ||
Sec. 171.901. DEFINITIONS. In this subchapter: | ||
(1) "Homebuilder" means any person who, for a fixed | ||
price, commission, fee, wage, or other compensation, sells, | ||
constructs, or supervises or manages the construction of, or | ||
contracts for the construction of or the supervision or management | ||
of the construction of a new single-family home or duplex. | ||
(2) "Home energy rating system" means the Mortgage | ||
Industry National Home Energy Rating Systems Standards developed by | ||
the National Association of State Energy Officials and the | ||
Residential Energy Services Network and in effect on January 1, | ||
2014. | ||
(3) "WaterSense program" means the program operated by | ||
the United States Environmental Protection Agency, or a similar | ||
successor program. | ||
Sec. 171.902. ENTITLEMENT TO CREDIT. A taxable entity is | ||
entitled to a credit in the amount and under the conditions and | ||
limitations provided by this subchapter against the tax imposed | ||
under this chapter. | ||
Sec. 171.903. QUALIFICATION. A taxable entity qualifies | ||
for a credit under this subchapter if the taxable entity is a | ||
homebuilder and builds a new single-family home or duplex in this | ||
state: | ||
(1) that achieves a home energy rating system index | ||
value of not more than 50; | ||
(2) in which all applicable water use products are | ||
certified products under the WaterSense program; and | ||
(3) in which any landscape irrigation system was | ||
designed and installed by a WaterSense irrigation partner. | ||
Sec. 171.904. AMOUNT; LIMITATIONS. (a) The amount of the | ||
credit is equal to: | ||
(1) $4,000 for each new single-family home or duplex | ||
that achieves a home energy rating system index value of more than | ||
25 but not more than 50; | ||
(2) $6,000 for each new single-family home or duplex | ||
that achieves a home energy rating system index value of more than | ||
zero but not more than 25; and | ||
(3) $8,000 for each new single-family home or duplex | ||
that achieves a home energy rating system index value of not more | ||
than zero. | ||
(b) The credit claimed for each reporting period may not | ||
exceed the amount of franchise tax due, after any other applicable | ||
tax credits, for the period. | ||
(c) A taxable entity may claim a credit under this | ||
subchapter relating to a new single-family home or duplex only on | ||
the report based on the reporting period during which the | ||
homebuilder completed construction of the new home or duplex. | ||
(d) A taxable entity may not carry over a credit amount for a | ||
new single-family home or duplex completed during a reporting | ||
period to a subsequent period. | ||
(e) A taxable entity may not convey, assign, or transfer a | ||
credit under this subchapter to another entity. | ||
Sec. 171.905. APPLICATION FOR CREDIT. A taxable entity | ||
must apply for a credit under this subchapter on or with the tax | ||
report for the period for which the credit is claimed. The taxable | ||
entity shall file with the report proof of the home energy rating | ||
system index value of each new single-family home or duplex for | ||
which the taxable entity is claiming a credit under this | ||
subchapter. | ||
Sec. 171.906. RULES. (a) The comptroller shall adopt rules | ||
necessary to implement this subchapter. | ||
(b) The comptroller may adopt revisions to the home energy | ||
rating system. | ||
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, 2014. |