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 | |
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| 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. | ||
