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