88R3297 CJC-D     By: Leo-Wilson H.B. No. 4955       A BILL TO BE ENTITLED   AN ACT   relating to imposing a tax on the generation of electricity by   certain electric generators to provide revenue for property tax   relief.          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 or coal.          Sec. 165.022.  RATE OF TAX. (a) The rate of the tax imposed   by this chapter is determined by the comptroller in the manner   provided by this section.          (b)  Not later than February 15 of each year, the comptroller   shall calculate the tax rate to be in effect for the period   beginning February 1 of that year and ending January 31 of the   following year, publish that rate in the Texas Register, and post   that rate on the comptroller's Internet website. The comptroller   shall calculate the tax rate by:                (1)  dividing the amount of revenue received by this   state in the preceding year attributable to the tax imposed under   Chapter 201 by the total cubic feet of natural gas produced in this   state in that year; and                (2)  multiplying the amount determined under   Subdivision (1) by the average number of cubic feet of natural gas   used to generate one kilowatt hour of electricity in the preceding   year.          (c)  The Public Utility Commission of Texas and the Railroad   Commission of Texas shall, at the request of the comptroller,   provide any information necessary for the comptroller to calculate   the tax rate under Subsection (b).          Sec. 165.023.  AMOUNT OF TAX DUE. The amount of tax due for a   month from an electric generator on whom a tax is imposed by this   chapter is equal to the tax rate in effect for that month as   determined under Section 165.022 multiplied by the number of   kilowatt hours of electricity the electric generator produced   during the preceding month using an energy source other than   natural gas or coal.          Sec. 165.024.  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 electricity produced during the preceding month.          Sec. 165.025.  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 or coal; and                (2)  any other information required by the comptroller.          Sec. 165.026.  RECORDS. An electric generator 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 or coal; and                (2)  any other information required by the comptroller.   SUBCHAPTER C. DISPOSITION OF PROCEEDS          Sec. 165.051.  DISPOSITION OF PROCEEDS. (a)  The   comptroller shall deposit the proceeds from the collection of the   tax imposed by this chapter to the credit of the general revenue   fund.          (b)  Money deposited to the credit of the general revenue   fund under Subsection (a) may be appropriated only to the Texas   Education Agency for use in providing property tax relief through   reduction of the state compression percentage, as defined by   Section 48.255, Education Code.          SECTION 2.  Notwithstanding Sections 165.024 and 165.025,   Tax Code, as added by this Act, the first tax payment and report   required under those sections is due March 25, 2024.          SECTION 3.  This Act takes effect January 1, 2024.