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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Economic Development Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.2515(a), Education Code, is amended |
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to read as follows: |
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(a) For each school year, a school district, including a |
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school district that is otherwise ineligible for state aid under |
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this chapter, is entitled to state aid in an amount equal to the |
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amount of all tax credits credited against ad valorem taxes of the |
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district in that year under former Subchapter D, Chapter 313, Tax |
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Code. |
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SECTION 2. Section 42.302(e), Education Code, is amended to |
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read as follows: |
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(e) For purposes of this section, school district taxes for |
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which credit is granted under former Subchapter D, Chapter 313, Tax |
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Code, are considered taxes collected by the school district as if |
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the taxes were paid when the credit for the taxes was granted. |
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SECTION 3. Section 313.007, Tax Code, is amended to read as |
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follows: |
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Sec. 313.007. EXPIRATION. Subchapters B and [,] C[, and D] |
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expire December 31, 2019 [2014]. |
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SECTION 4. Section 313.024(a), Tax Code, is amended to read |
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as follows: |
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(a) This subchapter and Subchapter [Subchapters] C [and D] |
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apply only to property owned by an entity to which Chapter 171 |
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applies. |
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SECTION 5. Section 313.026, Tax Code, is amended to read as |
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follows: |
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Sec. 313.026. ECONOMIC IMPACT EVALUATION. (a) The |
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economic impact evaluation of the application must include the |
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following: |
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(1) the recommendations of the comptroller; |
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(2) the name of the school district; |
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(3) the name of the applicant; |
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(4) the general nature of the applicant's investment; |
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(5) the relationship between the applicant's industry |
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and the types of qualifying jobs to be created by the applicant to |
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the long-term economic growth plans of this state as described in |
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the strategic plan for economic development submitted by the Texas |
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Strategic Economic Development Planning Commission under Section |
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481.033, Government Code, as that section existed before February |
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1, 1999; |
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(6) the relative level of the applicant's investment |
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per qualifying job to be created by the applicant; |
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(7) the number of qualifying jobs to be created by the |
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applicant; |
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(8) the wages, salaries, and benefits to be offered by |
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the applicant to qualifying job holders; |
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(9) the ability of the applicant to locate or relocate |
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in another state or another region of this state; |
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(10) the impact the project will have on this state and |
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individual local units of government, including: |
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(A) tax and other revenue gains, direct or |
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indirect, that would be realized during the qualifying time period, |
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the limitation period, and a period of time after the limitation |
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period considered appropriate by the comptroller; and |
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(B) economic effects of the project, including |
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the impact on jobs and income, during the qualifying time period, |
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the limitation period, and a period of time after the limitation |
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period considered appropriate by the comptroller; |
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(11) the economic condition of the region of the state |
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at the time the person's application is being considered; |
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(12) the number of new facilities built or expanded in |
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the region during the two years preceding the date of the |
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application that were eligible to apply for a limitation on |
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appraised value under this subchapter; |
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(13) the effect of the applicant's proposal, if |
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approved, on the number or size of the school district's |
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instructional facilities, as defined by Section 46.001, Education |
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Code; |
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(14) the projected market value of the qualified |
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property of the applicant as determined by the comptroller; |
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(15) the proposed limitation on appraised value for |
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the qualified property of the applicant; |
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(16) the projected dollar amount of the taxes that |
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would be imposed on the qualified property, for each year of the |
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agreement, if the property does not receive a limitation on |
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appraised value with assumptions of the projected appreciation or |
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depreciation of the investment and projected tax rates clearly |
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stated; |
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(17) the projected dollar amount of the taxes that |
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would be imposed on the qualified property, for each tax year of the |
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agreement, if the property receives a limitation on appraised value |
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with assumptions of the projected appreciation or depreciation of |
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the investment clearly stated; |
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(18) the projected effect on the Foundation School |
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Program of payments to the district for each year of the agreement; |
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and |
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(19) [the projected future tax credits if the
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applicant also applies for school tax credits under Section
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313.103; and
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[(20)] the total amount of taxes projected to be lost |
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or gained by the district over the life of the agreement computed by |
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subtracting the projected taxes stated in Subdivision (17) from the |
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projected taxes stated in Subdivision (16). |
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(b) The comptroller's recommendations shall be based on the |
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criteria listed in Subsections (a)(5)-(19) [(a)(5)-(20)] and on any |
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other information available to the comptroller, including |
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information provided by the governing body of the school district |
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under Section 313.025(b). |
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SECTION 6. Section 313.0265(b), Tax Code, is amended to |
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read as follows: |
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(b) The comptroller shall designate the following as |
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substantive: |
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(1) each application requesting a limitation on |
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appraised value; and |
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(2) the economic impact evaluation made in connection |
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with the application[; and
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[(3)
each application requesting school tax credits
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under Section 313.103]. |
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SECTION 7. Sections 313.027(a) and (i), Tax Code, are |
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amended to read as follows: |
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(a) If the person's application is approved by the governing |
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body of the school district, for each of the first nine [eight] tax |
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years that begin after the applicable qualifying time period, the |
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appraised value for school district maintenance and operations ad |
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valorem tax purposes of the person's qualified property as |
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described in the agreement between the person and the district |
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entered into under this section in the school district may not |
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exceed the lesser of: |
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(1) the market value of the property; or |
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(2) subject to Subsection (b), the amount agreed to by |
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the governing body of the school district. |
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(i) A person and the school district may not enter into an |
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agreement under which the person agrees to provide supplemental |
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payments to a school district in an amount that exceeds an amount |
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equal to $100 per student per year in average daily attendance, as |
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defined by Section 42.005, Education Code, or for a period that |
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exceeds the period beginning with the period described by Section |
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313.021(4) and ending on the third anniversary of the date the |
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person's eligibility for the limitation under this subchapter or |
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Subchapter C expires [with the period described by Section
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313.104(2)(B) of this code]. This limit does not apply to amounts |
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described by Subsection (f)(1) or (2) of this section. |
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SECTION 8. Section 313.031(a), Tax Code, is amended to read |
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as follows: |
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(a) The comptroller shall: |
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(1) adopt rules and forms necessary for the |
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implementation and administration of this chapter, including rules |
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for determining whether a property owner's property qualifies as a |
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qualified investment under Section 313.021(1); and |
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(2) provide without charge one copy of the rules and |
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forms to any school district and to any person who states that the |
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person intends to apply for a limitation on appraised value under |
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this subchapter [or a tax credit under Subchapter D]. |
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SECTION 9. The heading to Subchapter E, Chapter 313, Tax |
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Code, is amended to read as follows: |
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SUBCHAPTER E. LIMITATION ON APPRAISED VALUE [AVAILABILITY OF TAX
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CREDIT] AFTER PROGRAM EXPIRES |
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SECTION 10. Section 313.171(b), Tax Code, is amended to |
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read as follows: |
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(b) The repeal [expiration] of Subchapter D does not affect |
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a property owner's entitlement to a tax credit granted under |
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Subchapter D if the property owner qualified for the tax credit |
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before the repeal [expiration] of Subchapter D. |
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SECTION 11. Subchapter D, Chapter 313, Tax Code, is |
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repealed. |
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SECTION 12. This Act applies only to an agreement entered |
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into on or after the effective date of this Act. An agreement |
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entered into before the effective date of this Act is governed by |
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the law in effect on the date the application was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2013. |