83R21472 ATP-D
By: Murphy H.B. No. 1982
Substitute the following for H.B. No. 1982:
By: Vo C.S.H.B. No. 1982
A BILL TO BE ENTITLED
AN ACT
relating to the enterprise zone program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2303.004, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Notwithstanding Subsection (a), the governing body of a
county [with a population of one million or more] may nominate for
designation as an enterprise project a project or activity of a
qualified business that is located within the jurisdiction of a
municipality located in the county. [For purposes of this
subsection, a county during any biennium may not use in any one
municipality more than three of the maximum number of designations
the county is permitted under Section 2303.406(d)(2).]
(c) Before a county makes a nomination under Subsection (b),
the nominating county must enter into an interlocal agreement with
the municipality that has jurisdiction of the territory in which
the nominated project or activity will be located. The interlocal
agreement must specify that either the nominating county or the
municipality that has jurisdiction of the territory in which the
nominated project or activity will be located is the governmental
body having administration authority under Section 2303.201 and
that both the nominating county and municipality approve the
nomination. For purposes of this subsection, a county during any
biennium may use the maximum number of designations the county is
permitted under Section 2303.406(d) within the territory described
by this subsection.
SECTION 2. Section 2303.201, Government Code, is amended to
read as follows:
Sec. 2303.201. ADMINISTRATION BY GOVERNING BODY. (a) The
governing body of an enterprise zone is the governing body of the
municipality or county with jurisdiction over the area designated
as an enterprise zone, except as provided by Subsection (b).
(b) The governing body with administration authority over
an enterprise project nominated under Section 2303.004(c) is
determined under the terms of an interlocal agreement required by
that subsection.
SECTION 3. Section 2303.4052, Government Code, is amended
to read as follows:
Sec. 2303.4052. REQUIRED INFORMATION FROM NOMINATING BODY.
Before nominating the project or activity of a qualified business
for designation as an enterprise project, the nominating body must
submit to the bank:
(1) a certified copy of the ordinance or order, as
appropriate, or reference to an ordinance or order as required
by Section 2303.4051;
(2) a transcript of all public hearings conducted with
respect to local incentives available to qualified businesses
within the jurisdiction of the governmental entity nominating the
project or activity, regardless of whether those businesses are
located in an enterprise zone;
(3) the name, title, address, telephone number, and
electronic mail address of the nominating body's liaison designated
under Section 2303.204;
(4) if the business is seeking job retention benefits,
documentation showing the number of employment positions at the
qualified business site; [and]
(5) any interlocal agreement required under Section
2303.004(c) that states:
(A) which governing body has the administration
authority under Section 2303.201; and
(B) that both the county in which the project or
activity is located and the municipality in whose jurisdiction the
project or activity is located approve the nomination of the
project or activity; and
(6) any additional information the bank may require.
SECTION 4. Section 2303.406, Government Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) An enterprise project designation may be split into
two half designations. A half designation uses one-half of one of
the enterprise project designations allowed to a nominating body
under Subsection (d) and to the bank under Section 2303.403.
SECTION 5. Section 2303.407, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The maximum number of jobs that the bank may allocate to
an enterprise project split into two half designations as provided
by Section 2303.406(d-1) is 250.
SECTION 6. Section 2303.4071, Government Code, is amended
by amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) In this section:
(1) "Double [,"double] jumbo enterprise project" and
"triple jumbo enterprise project" have the meanings assigned by
Section 2303.407.
(2) "Half enterprise project" means an enterprise
project split into two half designations as provided by Section
2303.406(d-1).
(e) A half enterprise project is eligible for a maximum
refund not to exceed $125,000 in each state fiscal year and is
subject to the capital investment and job allocation requirements
under Section 2303.407(b)(1), (2), or (3).
SECTION 7. 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, 2013.