Texas 2011 82nd Regular

Texas House Bill HB2652 Introduced / Bill

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                    82R4609 SMH-F
 By: Pitts H.B. No. 2652


 A BILL TO BE ENTITLED
 AN ACT
 relating to the Texas Economic Development Act.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 313.007, Tax Code, is amended to read as
 follows:
 Sec. 313.007.  EXPIRATION.  Subchapter B expires
 [Subchapters B, C, and D expire] December 31, 2014.
 SECTION 2.  Section 313.009(a), Tax Code, is amended to read
 as follows:
 (a)  Before the beginning of each regular session of the
 legislature, the comptroller shall submit to the lieutenant
 governor, the speaker of the house of representatives, and each
 member of the legislature a report assessing the progress of each
 agreement entered into under this chapter.  The report must be
 based on data certified to the comptroller by each recipient of a
 limitation on appraised value under this chapter and state for each
 agreement:
 (1)  the number of qualifying jobs each recipient of a
 limitation on appraised value committed to create;
 (2)  the number of qualifying jobs each recipient
 created;
 (3)  the median wage of the new jobs each recipient
 created;
 (4)  the amount of the qualified investment each
 recipient committed to expend or allocate per project;
 (5)  the amount of the qualified investment each
 recipient expended or allocated per project;
 (6)  the market value of the qualified property of each
 recipient as determined by the applicable chief appraiser;
 (7)  the limitation on appraised value for the
 qualified property of each recipient;
 (8)  the dollar amount of the taxes that would have been
 imposed on the market value of the qualified property if the
 property had not received a limitation on appraised value;
 (9)  the dollar amount of the taxes imposed on the
 qualified property;
 (10)  the number of new jobs created by each recipient
 in each sector of the North American Industry Classification
 System; [and]
 (11)  of the number of new jobs each recipient created,
 the number of jobs created that provide health benefits for
 employees;
 (12)  an estimate of the tax benefit to be provided to
 each recipient under the agreement; and
 (13)  the estimated total amount of any payments to be
 made by each recipient to the applicable school district under the
 agreement, including any payments to be made by the recipient to a
 foundation or other entity in consideration of the approval of the
 agreement by the district.
 SECTION 3.  Section 313.021(3), Tax Code, is amended to read
 as follows:
 (3)  "Qualifying job" means a permanent full-time job
 that:
 (A)  requires at least 1,600 hours of work a year;
 (B)  is not transferred from one area in this
 state to another area in this state;
 (C)  is not created to replace a previous
 employee;
 (D)  is covered by a group health benefit plan for
 which the business offers to pay at least 80 percent of the premiums
 or other charges assessed for employee-only coverage under the
 plan, regardless of whether an employee may voluntarily waive the
 coverage; [and]
 (E)  pays at least 110 percent of:
 (i)  the county average weekly wage for
 manufacturing jobs in the county where the job is located; or
 (ii)  the county average weekly wage for all
 jobs in the county where the job is located, if the property owner
 creates more than 1,000 jobs in that county;
 (F)  is based at the qualified property;
 (G)  is in direct support of an activity described
 by Section 313.024(b); and
 (H)  is subject to a significant degree of control
 by the applicant with regard to:
 (i)  the creation of the job;
 (ii)  the job description; and
 (iii)  the job characteristics or the
 performance of the job by means of a business, contractual, or
 vendor relationship.
 SECTION 4.  Section 313.022, Tax Code, is amended to read as
 follows:
 Sec. 313.022.  APPLICABILITY; CATEGORIZATION OF SCHOOL
 DISTRICTS. (a) This subchapter applies to each school district in
 this state [other than a school district to which Subchapter C
 applies].
 (b)  For purposes of determining the required minimum amount
 of a qualified investment under Section 313.021(2)(A)(iv)(a), and
 the base [minimum] amount of a limitation on appraised value under
 Section 313.027(b), school districts [to which this subchapter
 applies] are categorized according to the taxable value of property
 in the district for the preceding tax year determined under
 Subchapter M, Chapter 403, Government Code, as follows:
 CATEGORY TAXABLE VALUE OF PROPERTY CATEGORY TAXABLE VALUE OF PROPERTY
CATEGORY TAXABLE VALUE OF PROPERTY
 I $10 billion or more I $10 billion or more
I $10 billion or more
 II $1 billion or more but less than $10 billion II $1 billion or more but less than $10 billion
II $1 billion or more but less than $10 billion
 III $500 million or more but less than $1 billion III $500 million or more but less than $1 billion
III $500 million or more but less than $1 billion
 IV $100 million or more but less than $500 million IV $100 million or more but less than $500 million
IV $100 million or more but less than $500 million
 V less than $100 million V less than $100 million
V less than $100 million
 SECTION 5.  Sections 313.024(a) and (b), Tax Code, are
 amended to read as follows:
 (a)  This subchapter applies [and Subchapters C and D apply]
 only to property owned by an entity to which Chapter 171 applies.
 (b)  To be eligible for a limitation on appraised value under
 this subchapter, the entity must use the property for the purpose of
 [in connection with]:
 (1)  manufacturing;
 (2)  research and development;
 (3)  a clean coal project, as defined by Section 5.001,
 Water Code;
 (4)  an advanced clean energy project, as defined by
 Section 382.003, Health and Safety Code;
 (5)  renewable energy electric generation;
 (6)  electric power generation using integrated
 gasification combined cycle technology;
 (7)  nuclear electric power generation; or
 (8)  a computer center primarily used in [connection
 with] one or more activities described by Subdivisions (1) through
 (7) conducted by the entity.
 SECTION 6.  Sections 313.025(a-1), (b), (b-1), (c), (d),
 (f), and (f-1), Tax Code, are amended to read as follows:
 (a-1)  If the governing body of the school district elects to
 consider the application [Within seven days of the receipt of each
 document], the [school] district shall submit to the comptroller a
 copy of the application as provided by Subsection (b) [and the
 agreement between the applicant and the school district]. If an
 economic analysis of the proposed project is submitted to the
 school district, the district shall submit a copy of the analysis to
 the comptroller. In addition, the school district shall submit to
 the comptroller any subsequent revision of or amendment to any of
 those documents within seven days of its receipt. The comptroller
 shall publish each document received from the school district under
 this subsection on the comptroller's Internet website. If the
 school district maintains a generally accessible Internet website,
 the district shall provide on its website a link to the location of
 those documents posted on the comptroller's website in compliance
 with this subsection. This subsection does not require the
 comptroller to post information that is confidential under Section
 313.028.
 (b)  The governing body of a school district is not required
 to consider an application for a limitation on appraised value that
 is filed with the governing body under Subsection (a). If the
 governing body of the school district does elect to consider an
 application, the governing body shall deliver a copy [three copies]
 of the application to the comptroller and request that the
 comptroller provide an economic impact evaluation of the
 application to the school district. Except as provided by
 Subsection (b-1), the comptroller shall conduct or contract with a
 third person to conduct the evaluation, which shall be completed
 and provided to the governing body of the school district as soon as
 practicable. The governing body shall provide to the comptroller or
 third person any requested information. A methodology to allow
 comparisons of economic impact for different schedules of the
 addition of qualified investment or qualified property may be
 developed as part of the economic impact evaluation. The governing
 body shall provide a copy of the evaluation to the applicant on
 request. The comptroller may charge and collect a fee sufficient to
 cover the costs of providing the economic impact evaluation. The
 governing body of a school district shall approve or disapprove an
 application not later than the 60th day after the date the governing
 body receives a recommendation from the comptroller as to whether
 the application should be approved or disapproved, unless the
 comptroller has agreed to an extension [before the 151st day after
 the date the application is filed, unless the economic impact
 evaluation has not been received or an extension is agreed to by the
 governing body and the applicant].
 (b-1)  The comptroller shall [indicate on one copy of the
 application the date the comptroller received the application and]
 deliver a [that] copy of an application received by the comptroller
 to the Texas Education Agency. The Texas Education Agency shall
 determine the effect that the applicant's proposal will have on the
 number or size of the school district's instructional facilities
 and the projected effect on the Foundation School Program of
 payments to the district for each year of the agreement [, as
 required to be included in the economic impact evaluation by
 Section 313.026(a)(9), and submit a written report containing the
 agency's determination to the comptroller]. The governing body of
 the school district shall provide any requested information to the
 Texas Education Agency. Not later than the 45th day after the date
 the Texas Education Agency receives the information necessary to
 make the determinations required by this subsection [application
 indicates that the comptroller received the application], the
 agency [Texas Education Agency] shall make the required
 determinations [determination] and submit a [the agency's] written
 report containing the agency's determinations to the comptroller. A
 third person contracted by the comptroller to conduct an economic
 impact evaluation of an application is not required to make a
 determination that the Texas Education Agency is required to make
 and report to the comptroller under this subsection.
 (c)  In determining whether to grant an application, the
 governing body of the school district is entitled to request and
 receive assistance from:
 (1)  the comptroller;
 (2)  the Texas [Department of] Economic Development and
 Tourism Office;
 (3)  the Texas Workforce Investment Council; and
 (4)  the Texas Workforce Commission.
 (d)  Before the later of the 91st day after the date the
 comptroller receives the copy of the application or the 46th day
 after the date the Texas Education Agency submits to the
 comptroller the report required by Subsection (b-1), the
 comptroller shall submit a recommendation to the governing body of
 the school district as to whether the application should be
 approved or disapproved.
 (f)  The governing body may approve an application only if:
 (1)  the comptroller submits a recommendation to the
 governing body that the application be approved; and
 (2)  the governing body finds that the information in
 the application is true and correct, finds that the applicant is
 eligible for the limitation on the appraised value of the person's
 qualified property, and determines that granting the application is
 in the best interest of the school district and this state.
 (f-1)  Notwithstanding any other provision of this chapter
 to the contrary, including Section 313.003(2) or 313.004(3)(A) or
 (B)(iii), the governing body of a school district may waive the new
 jobs creation requirement in Section 313.021(2)(A)(iv)(b) [or
 313.051(b)] and approve an application if the governing body makes
 a finding that the jobs creation requirement exceeds the industry
 standard for the number of employees reasonably necessary for the
 operation of the facility of the property owner that is described in
 the application.
 SECTION 7.  Section 313.026, Tax Code, is amended to read as
 follows:
 Sec. 313.026.  ECONOMIC IMPACT EVALUATION. (a) The economic
 impact evaluation of the application must include the following:
 (1)  the recommendations of the comptroller;
 (2)  the name of the school district;
 (3)  the name of the applicant;
 (4)  the general nature of the applicant's investment;
 (5)  the relationship between the applicant's industry
 and the types of qualifying jobs to be created by the applicant to
 the long-term economic growth [plans] of this state [as described
 in the strategic plan for economic development submitted by the
 Texas Strategic Economic Development Planning Commission under
 Section 481.033, Government Code, as that section existed before
 February 1, 1999];
 (6)  an evaluation of the relative level of the
 applicant's investment per qualifying job to be created by the
 applicant;
 (7)  an evaluation of the number of qualifying jobs to
 be created by the applicant in comparison with the average number of
 jobs created in the applicant's industry for a similar type of
 project at a similar level of investment;
 (8)  an evaluation of the wages, salaries, and benefits
 to be offered by the applicant to qualifying job holders;
 (9)  an evaluation of the ability of the applicant to
 locate or relocate in another state or another region of this state;
 (10)  an evaluation of [the impact the project will
 have on this state and individual local units of government,
 including:
 [(A)     tax and other revenue gains, direct or
 indirect, that would be realized during the qualifying time period,
 the limitation period, and a period of time after the limitation
 period considered appropriate by the comptroller; and
 [(B)     economic effects of the project, including
 the impact on jobs and income, during the qualifying time period,
 the limitation period, and a period of time after the limitation
 period considered appropriate by the comptroller;
 [(11)]  the economic condition of the region of the
 state at the time the person's application is being considered and
 the impact of the project on the region;
 (11) [(12)     the number of new facilities built or
 expanded in the region during the two years preceding the date of
 the application that were eligible to apply for a limitation on
 appraised value under this subchapter;
 [(13)     the effect of the applicant's proposal, if
 approved, on the number or size of the school district's
 instructional facilities, as defined by Section 46.001, Education
 Code;
 [(14)]  the projected market value of the qualified
 property as certified by [of] the applicant to [as determined by]
 the comptroller;
 (12) [(15)]  the proposed limitation on appraised
 value for the qualified property of the applicant;
 (13) [(16)]  the projected dollar amount of the taxes
 that would be imposed on the qualified property, for each year of
 the agreement, if the property does not receive a limitation on
 appraised value with assumptions of the projected appreciation or
 depreciation of the investment and projected tax rates clearly
 stated;
 (14) [(17)]  the projected dollar amount of the taxes
 that would be imposed on the qualified property, for each tax year
 of the agreement, if the property receives a limitation on
 appraised value with assumptions of the projected appreciation or
 depreciation of the investment clearly stated; and
 (15) [(18)]  the projected effect on the Foundation
 School Program of payments to the district for each year of the
 agreement[;
 [(19)     the projected future tax credits if the
 applicant also applies for school tax credits under Section
 313.103; and
 [(20)     the total amount of taxes projected to be lost or
 gained by the district over the life of the agreement computed by
 subtracting the projected taxes stated in Subdivision (17) from the
 projected taxes stated in Subdivision (16)].
 (b)  The comptroller's recommendations shall be based on the
 criteria listed in Subsections (a)(5)-(15) [(a)(5)-(20)] and on any
 other information available to the comptroller, including
 information provided by the governing body of the school district
 under Section 313.025(b).
 SECTION 8.  Section 313.0265(b), Tax Code, is amended to
 read as follows:
 (b)  The comptroller shall designate the following as
 substantive:
 (1)  each application requesting a limitation on
 appraised value; and
 (2)  the economic impact evaluation made in connection
 with the application[; and
 [(3)     each application requesting school tax credits
 under Section 313.103].
 SECTION 9.  Section 313.027, Tax Code, is amended by
 amending Subsections (a), (b), (c), (h), and (i) and adding
 Subsection (j) to read as follows:
 (a)  If the person's application is approved by the governing
 body of the school district, for each of the first eight tax years
 that begin after the applicable qualifying time period, the
 appraised value for school district maintenance and operations ad
 valorem tax purposes of the person's qualified property as
 described in the agreement between the person and the district
 entered into under this section in the school district may not
 exceed the lesser of:
 (1)  the market value of the property; or
 (2)  subject to Subsections [Subsection] (b) and (c),
 the amount agreed to by the governing body of the school district.
 (b)  The amount agreed to by the governing body of a school
 district under Subsection (a)(2) must be based on an amount in
 accordance with the following, according to the category
 established by Section 313.022 to which the school district
 belongs:
 CATEGORY    BASE [MINIMUM] AMOUNT OF LIMITATION CATEGORY BASE [MINIMUM] AMOUNT OF LIMITATION
CATEGORY BASE [MINIMUM] AMOUNT OF LIMITATION
 I    $100 million I $100 million
I $100 million
 II    $80 million II $80 million
II $80 million
 III    $60 million III $60 million
III $60 million
 IV    $40 million IV $40 million
IV $40 million
 V    $20 million V $20 million
V $20 million
 (c)  The amount of the appraised value of the property
 established in an agreement may not be less than:
 (1)  for property used for a purpose described by
 Section 313.024(b)(1), (2), (3), (4), (6), (7), or (8), the sum of:
 (A)  the applicable amount listed in Subsection
 (b); and
 (B)  the product of 0.2 and the difference between
 the market value of the property as annually determined by the chief
 appraiser and the applicable amount listed in Subsection (b); and
 (2)  for property used for a purpose described by
 Section 313.024(b)(5), the sum of:
 (A)  the applicable amount listed in Subsection
 (b); and
 (B)  the product of 0.5 and the difference between
 the market value of the property as annually determined by the chief
 appraiser and the applicable amount listed in Subsection (b). [The
 limitation amounts listed in Subsection (b) are minimum amounts. A
 school district, regardless of category, may agree to a greater
 amount than those amounts.]
 (h)  At any time before the applicant spends an amount that
 is considered to be a qualified investment, the governing body of
 the school district and the applicant may amend the agreement to
 defer the date on which the qualifying time period for the project
 is to commence. The commencement of the qualifying time period may
 not be deferred to a date later than the second anniversary of the
 date the qualifying time period was originally scheduled to end.
 [The agreement between the governing body of the school district
 and the applicant may provide for a deferral of the date on which
 the qualifying time period for the project is to commence or,
 subsequent to the date the agreement is entered into, be amended to
 provide for such a deferral.]  This subsection may not be construed
 to permit a qualifying time period that has commenced to continue
 for more than the number of years applicable to the project under
 Section 313.021(4). Any amount the applicant spends before the
 date the qualifying time period commences may not be considered to
 be a qualified investment.
 (i)  A person and the school district may not enter into an
 agreement if in conjunction with the agreement any payments or
 other benefits are to be provided by or on behalf of the person in
 recognition or anticipation of, or in consideration for, the
 district entering into the agreement, other than payments or
 benefits authorized under Subsection (f)(1) or (2) [under which the
 person agrees to provide supplemental payments to a school district
 in an amount that exceeds an amount equal to $100 per student per
 year in average daily attendance, as defined by Section 42.005,
 Education Code, or for a period that exceeds the period beginning
 with the period described by Section 313.021(4) and ending with the
 period described by Section 313.104(2)(B) of this code.     This limit
 does not apply to amounts described by Subsection (f)(1) or (2) of
 this section].
 (j)  A school district may not enter into an agreement or an
 amendment to an agreement under this section without the prior
 approval of the comptroller.
 SECTION 10.  Section 313.031(a), Tax Code, is amended to
 read as follows:
 (a)  The comptroller shall:
  (1)  adopt rules and forms necessary for the
 implementation and administration of this chapter, including rules
 for determining whether a property owner's property qualifies as a
 qualified investment under Section 313.021(1); and
 (2)  provide without charge one copy of the rules and
 forms to any school district and to any person who states that the
 person intends to apply for a limitation on appraised value under
 this subchapter [or a tax credit under Subchapter D].
 SECTION 11.  Subchapter E, Chapter 313, Tax Code, is amended
 to read as follows:
 SUBCHAPTER E.  AVAILABILITY OF TAX CREDIT AFTER PROGRAM EXPIRES OR
 IS REPEALED
 Sec. 313.171.  SAVING PROVISIONS. (a) A limitation on
 appraised value approved under Subchapter B or C before the
 expiration of Subchapter B or the repeal of Subchapter C,
 respectively, [that subchapter] continues in effect according to
 that subchapter as that subchapter existed immediately before its
 expiration or repeal, and that law is continued in effect for
 purposes of the limitation on appraised value.
 (b)  The repeal [expiration] of Subchapter D does not affect
 a property owner's entitlement to a tax credit granted under
 Subchapter D if the property owner qualified for the tax credit
 before the repeal [expiration] of Subchapter D.
 SECTION 12.  Section 42.2515, Education Code, is amended by
 amending Subsection (a) and adding Subsection (a-1) to read as
 follows:
 (a)  For each school year, a school district, including a
 school district that is otherwise ineligible for state aid under
 this chapter, is entitled to state aid in an amount equal to the
 amount of all tax credits credited against ad valorem taxes of the
 district in that year under former Subchapter D, Chapter 313, Tax
 Code.
 (a-1)  Not later than December 1 of each year, the
 commissioner of education shall submit to the comptroller an
 estimate of the total amount of additional state aid to which a
 school district is entitled under this section for the school year
 beginning in that year.
 SECTION 13.  Section 42.302(e), Education Code, is amended
 to read as follows:
 (e)  For purposes of this section, school district taxes for
 which credit is granted under former Subchapter D, Chapter 313, Tax
 Code, are considered taxes collected by the school district as if
 the taxes were paid when the credit for the taxes was granted.
 SECTION 14.  Section 403.302(d), Government Code, as amended
 by Chapters 1186 (H.B. 3676) and 1328 (H.B. 3646), Acts of the 81st
 Legislature, Regular Session, 2009, is reenacted and amended to
 read as follows:
 (d)  For the purposes of this section, "taxable value" means
 the market value of all taxable property less:
 (1)  the total dollar amount of any residence homestead
 exemptions lawfully granted under Section 11.13(b) or (c), Tax
 Code, in the year that is the subject of the study for each school
 district;
 (2)  one-half of the total dollar amount of any
 residence homestead exemptions granted under Section 11.13(n), Tax
 Code, in the year that is the subject of the study for each school
 district;
 (3)  the total dollar amount of any exemptions granted
 before May 31, 1993, within a reinvestment zone under agreements
 authorized by Chapter 312, Tax Code;
 (4)  subject to Subsection (e), the total dollar amount
 of any captured appraised value of property that:
 (A)  is within a reinvestment zone created on or
 before May 31, 1999, or is proposed to be included within the
 boundaries of a reinvestment zone as the boundaries of the zone and
 the proposed portion of tax increment paid into the tax increment
 fund by a school district are described in a written notification
 provided by the municipality or the board of directors of the zone
 to the governing bodies of the other taxing units in the manner
 provided by Section 311.003(e), Tax Code, before May 31, 1999, and
 within the boundaries of the zone as those boundaries existed on
 September 1, 1999, including subsequent improvements to the
 property regardless of when made;
 (B)  generates taxes paid into a tax increment
 fund created under Chapter 311, Tax Code, under a reinvestment zone
 financing plan approved under Section 311.011(d), Tax Code, on or
 before September 1, 1999; and
 (C)  is eligible for tax increment financing under
 Chapter 311, Tax Code;
 (5)  the total dollar amount of any captured appraised
 value of property that:
 (A)  is within a reinvestment zone:
 (i)  created on or before December 31, 2008,
 by a municipality with a population of less than 18,000; and
 (ii)  the project plan for which includes
 the alteration, remodeling, repair, or reconstruction of a
 structure that is included on the National Register of Historic
 Places and requires that a portion of the tax increment of the zone
 be used for the improvement or construction of related facilities
 or for affordable housing;
 (B)  generates school district taxes that are paid
 into a tax increment fund created under Chapter 311, Tax Code; and
 (C)  is eligible for tax increment financing under
 Chapter 311, Tax Code;
 (6)  the total dollar amount of any exemptions granted
 under Section 11.251 or 11.253, Tax Code;
 (7)  the difference between the comptroller's estimate
 of the market value and the productivity value of land that
 qualifies for appraisal on the basis of its productive capacity,
 except that the productivity value estimated by the comptroller may
 not exceed the fair market value of the land;
 (8)  the portion of the appraised value of residence
 homesteads of individuals who receive a tax limitation under
 Section 11.26, Tax Code, on which school district taxes are not
 imposed in the year that is the subject of the study, calculated as
 if the residence homesteads were appraised at the full value
 required by law;
 (9)  a portion of the market value of property not
 [otherwise fully] taxable by the district for maintenance and
 operations tax purposes as the result of an agreement entered into
 by the district under Subchapter B or C, Chapter 313, Tax Code,
 before the expiration or repeal, respectively, of the subchapter,
 as adjusted by the comptroller using the ratio of the maintenance
 and operations tax rate to the total tax rate adopted by the
 district [at market value because of:
 [(A)     action required by statute or the
 constitution of this state that, if the tax rate adopted by the
 district is applied to it, produces an amount equal to the
 difference between the tax that the district would have imposed on
 the property if the property were fully taxable at market value and
 the tax that the district is actually authorized to impose on the
 property, if this subsection does not otherwise require that
 portion to be deducted; or
 [(B)     action taken by the district under
 Subchapter B or C, Chapter 313, Tax Code, before the expiration of
 the subchapter];
 (10)  the market value of all tangible personal
 property, other than manufactured homes, owned by a family or
 individual and not held or used for the production of income;
 (11)  the appraised value of property the collection of
 delinquent taxes on which is deferred under Section 33.06, Tax
 Code;
 (12)  the portion of the appraised value of property
 the collection of delinquent taxes on which is deferred under
 Section 33.065, Tax Code; [and]
 (13)  the amount by which the market value of a
 residence homestead to which Section 23.23, Tax Code, applies
 exceeds the appraised value of that property as calculated under
 that section; and
 (14)  the total dollar amount of any exemptions granted
 by the district because of action required by statute or the
 constitution of this state and not included as a deduction
 elsewhere in this subsection.
 SECTION 15.  Section 403.302(m), Government Code, as added
 by Chapter 1186 (H.B. 3676), Acts of the 81st Legislature, Regular
 Session, 2009, is amended to conform to Section 80, Chapter 1328
 (H.B. 3646), Acts of the 81st Legislature, Regular Session, 2009,
 to read as follows:
 (m)  Subsection (d)(9) [(d)(10)] does not apply to property
 that was the subject of an application under Subchapter B or C,
 Chapter 313, Tax Code, made after May 1, 2009, that the comptroller
 recommended should be disapproved.
 SECTION 16.  Section 403.302, Government Code, is amended by
 adding Subsection (p) to read as follows:
 (p)  Notwithstanding Subsection (d)(9), if the estimated
 statewide levy loss exceeds $___ million in any year, the
 comptroller shall reduce the amount of the deduction under
 Subsection (d)(9) from the market value of the taxable property in
 each school district for that year based on the proportion that the
 amount of the deduction under that subsection for each school
 district bears to the estimated statewide levy loss so that the
 estimated statewide levy loss does not exceed $___ in that year.
 For purposes of this subsection, "estimated statewide levy loss"
 means the amount computed by:
 (1)  multiplying the amount deducted under Subsection
 (d)(9) for each school district in this state for that year by the
 quotient of the adopted tax rate of the district for that year
 divided by 100;
 (2)  adding the amounts computed under Subdivision (1)
 for all of the school districts in this state; and
 (3)  adding the amounts estimated by the commissioner
 of education and submitted to the comptroller under Section
 42.2515(a-1), Education Code, for all of the school districts in
 this state for that year to the amount computed under Subdivision
 (2).
 SECTION 17.  The following provisions of the Tax Code are
 repealed:
 (1)  Sections 313.008, 313.025(d-1) and (g), and
 313.032; and
 (2)  Subchapters C and D, Chapter 313.
     SECTION 18.  To the extent of any conflict, this Act prevails
 over another Act of the 82nd Legislature, Regular Session, 2011,
 relating to nonsubstantive additions to and corrections in enacted
 codes.
 SECTION 19.  Chapter 313, Tax Code, as amended by this Act,
 applies only to an agreement entered into under that chapter on or
 after the effective date of this Act. An agreement entered into
 under that chapter before the effective date of this Act is governed
 by the law in effect on the date the agreement was entered into, and
 the former law is continued in effect for that purpose.
 SECTION 20.  This Act takes effect immediately if it
 receives a vote of two-thirds of all the members elected to each
 house, as provided by Section 39, Article III, Texas Constitution.
 If this Act does not receive the vote necessary for immediate
 effect, this Act takes effect September 1, 2011.

CATEGORY TAXABLE VALUE OF PROPERTY

I $10 billion or more

II $1 billion or more but less than $10 billion

III $500 million or more but less than $1 billion

IV $100 million or more but less than $500 million

V less than $100 million

CATEGORY BASE [MINIMUM] AMOUNT OF LIMITATION

I $100 million

II $80 million

III $60 million

IV $40 million

V $20 million