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Texas Bill Would End Retail Electric Gross Receipts Tax For All Public Customers, Require REPs To...

February 20,2019



H.B. No. 2011 has been filed in the Texas House of Representatives which would provide that the gross receipts from the sale of electricity to a public retail customer, as defined by section 35.101, Utilities Code, may not be taxed under the gross receipts tax

Section 35.101 defines a public retail customer as a, "retail customer that is an agency of this state, a state institution of higher education, a public school district, or a political subdivision of this state, a military installation of the United States, or a United States Department of Veteran’s Affairs facility."

H.B. No. 2011 would further provide that, "As soon as practicable after the effective date of this Act, a retail electric provider, as defined by Section 31.002, Utilities Code, shall adjust the billing of a public school district customer to reflect any decrease in the retail electric provider's tax liability to this state if the decrease is attributable to the exemption in Section 182.022(d), Tax Code, as added by this Act. An adjustment must be made effective at the same time as the decrease of tax liability or as soon after that decrease occurs as is reasonably practicable."

As previously reported by RetailEnergyX.com, a similar bill, H.B. No. 1581, had been filed which would have ended the gross receipts tax on electricity sales to public school district customers (but not other public customers).

Both bills are ostensibly meant to level the playing field with respect to serving various public customers.

Customers, such as schools, served under the State Power Program administered by the General Land Office, are not subject to the gross receipts tax

Both bills also include similar provisions related to the GLO's State Power Program

H.B. No. 2011 provides that, "In selling or otherwise conveying electric power under this section, the General Land Office letterhead, seal, or other marketing materials may only be used by a person employed by the General Land Office. For the purposes of this section, an employee of an entity with which the General Land Office contracts is not considered to be employed by the General Land Office."

H.B. No. 2011 also provides that, "The [GLO] commissioner may not sell or otherwise convey power to a public retail customer unless the commissioner submits a public bid in response to a request for proposal in which bids are solicited from multiple power providers to provide power to the public retail customer."

As first reported by EnergyChoiceMatters.com, a separate bill, HB 1128, would terminate the GLO State Power Program

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