Texas 2009 - 81st Regular

Texas House Bill HB2300 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8329 MCK-D
2	2	By: Davis of Dallas H.B. No. 2300
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the use of state funds to benefit
8	8	private entities that outsource jobs to foreign countries.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 10, Government Code, is
11	11	amended by adding Chapter 2267 to read as follows:
12	12	CHAPTER 2267. RESTRICTING STATE INVESTMENT IN AND PROVISION OF TAX
13	13	BENEFITS TO ENTITIES THAT OUTSOURCE JOBS TO FOREIGN COUNTRIES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 2267.001. DEFINITION. In this chapter, "domestic"
16	16	means created or organized in the United States or under the laws of
17	17	the United States or any state.
18	18	[Sections 2267.002-2267.050 reserved for expansion]
19	19	SUBCHAPTER B. RESTRICTIONS ON INVESTMENTS
20	20	Sec. 2267.051. APPLICABILITY OF SUBCHAPTER. (a) This
21	21	subchapter applies in connection with the management or investment
22	22	of state funds managed or invested:
23	23	(1) under the Texas Constitution or other law,
24	24	including Chapters 404 and 2256; and
25	25	(2) by or for:
26	26	(A) a public retirement system as defined by
27	27	Section 802.001 that provides service retirement, disability
28	28	retirement, or death benefits for officers or employees of the
29	29	state;
30	30	(B) an institution of higher education as defined
31	31	by Section 61.003, Education Code; or
32	32	(C) another entity that is part of state
33	33	government and that manages or invests state funds or for which
34	34	state funds are managed or invested.
35	35	(b) This subchapter applies in connection with the
36	36	management or investment of state funds without regard to whether
37	37	the funds are held in the state treasury.
38	38	(c) This subchapter does not apply to the extent that an
39	39	investment standard prescribed by the Texas Constitution prohibits
40	40	the legislature from restricting the investment discretion of an
41	41	entity responsible for the management or investment of a fund.
42	42	Sec. 2267.052. PROHIBITION ON CERTAIN INVESTMENTS. A state
43	43	governmental entity may not invest state funds in or purchase
44	44	obligations of a domestic private entity that, at any time during
45	45	the previous two years, created employment suitable for performance
46	46	in the United States in a country other than the United States and,
47	47	as a result, eliminated or failed to create similar employment in
48	48	the United States.
49	49	[Sections 2267.053-2267.100 reserved for expansion]
50	50	SUBCHAPTER C. RESTRICTIONS ON ELIGIBILITY FOR TAX AND FEE BENEFITS
51	51	Sec. 2267.101. DEFINITION. In this subchapter, "state
52	52	agency" means a department, board, commission, or other agency in
53	53	the executive branch of state government. The term does not include
54	54	an institution of higher education as defined by Section 61.003,
55	55	Education Code.
56	56	Sec. 2267.102. APPLICABILITY OF SUBCHAPTER. This
57	57	subchapter does not apply to a credit, exemption, or discount for
58	58	which the Texas Constitution specifically prescribes the
59	59	eligibility requirements.
60	60	Sec. 2267.103. INELIGIBILITY OF CERTAIN ENTITIES FOR TAX
61	61	AND FEE BENEFITS. Notwithstanding other law, a domestic private
62	62	entity is not eligible for a credit, exemption, or discount in
63	63	relation to a tax or fee imposed by the state if the entity, at any
64	64	time during the previous two years, created employment suitable for
65	65	performance in the United States in a country other than the United
66	66	States and, as a result, eliminated or failed to create similar
67	67	employment in the United States.
68	68	Sec. 2267.104. DENIAL OF BENEFITS. (a) A state agency
69	69	responsible for the issuance of a credit, exemption, or discount in
70	70	relation to a tax or fee imposed by the state shall adopt rules in
71	71	accordance with Subchapter B, Chapter 2001, relating to the manner
72	72	in which:
73	73	(1) the agency will determine whether to deny the
74	74	benefit under Section 2267.103 or 2267.105; and
75	75	(2) a person may ask the agency to reconsider the
76	76	denial.
77	77	(b) The rules adopted by a state agency shall require that
78	78	as soon as practicable after making the decision to deny a credit,
79	79	exemption, or discount to a domestic private entity that is
80	80	ineligible for the benefit under Section 2267.103 or 2267.105 but
81	81	is otherwise eligible for the benefit, the state agency shall
82	82	provide the domestic private entity with notice of and the factual
83	83	basis for the denial and a description of the procedures available
84	84	to request a reconsideration and to contest the factual or legal
85	85	basis for the denial.
86	86	Sec. 2267.105. REPORTING. (a) In addition to the standard
87	87	imposed by Section 2267.103, a domestic private entity that applies
88	88	for a credit, exemption, or discount in relation to a tax or fee
89	89	imposed by the state is not eligible for the credit, exemption, or
90	90	discount unless, during the six-month period before applying for
91	91	the credit, exemption, or discount, the entity reports to the Texas
92	92	Workforce Commission on the number of jobs the entity created in
93	93	this state and the number of jobs suitable for performance in the
94	94	United States that the entity created in a country other than the
95	95	United States during the 12-month period before the date of the
96	96	report.
97	97	(b) Not later than December 31 of each year, the Texas
98	98	Workforce Commission shall, based on information obtained from the
99	99	reports under Subsection (a), report to the governor, the
100	100	lieutenant governor, and the speaker of the house of
101	101	representatives:
102	102	(1) the domestic private entities that are not
103	103	eligible for state investment under Section 2267.052; and
104	104	(2) the domestic private entities that are not
105	105	eligible for a credit, exemption, or discount under Section
106	106	2267.103.
107	107	SECTION 2. Chapter 2267, Government Code, as added by this
108	108	Act, applies only to:
109	109	(1) an investment made by a state governmental entity
110	110	on or after September 1, 2010; and
111	111	(2) a credit, exemption, or discount provided or
112	112	denied on or after September 1, 2010, in relation to a tax or fee
113	113	imposed by the state.
114	114	SECTION 3. This Act takes effect September 1, 2009.