84R17582 SMH-D
By: Springer H.B. No. 1987
Substitute the following for H.B. No. 1987:
By: Darby C.S.H.B. No. 1987
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governing body of a school district
to waive or reduce the new jobs creation requirement under the Texas
Economic Development Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 313.025(b), (d), and (f-1), Tax Code,
are amended to read as follows:
(b) The governing body of a school district is not required
to consider an application for a limitation on appraised value. If
the governing body of the school district elects to consider an
application, the governing body shall deliver a copy of the
application to the comptroller and request that the comptroller
conduct an economic impact evaluation of the investment proposed by
the application. The comptroller shall conduct or contract with a
third person to conduct the economic impact evaluation, which shall
be completed and provided to the governing body of the school
district, along with the comptroller's certificate or written
explanation under Subsection (d), as soon as practicable but not
later than the 60th [90th] day after the date the comptroller
receives the application. The governing body shall provide to the
comptroller or to a third person contracted by the comptroller to
conduct the economic impact evaluation 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 economic impact evaluation to the applicant on
request. The comptroller may charge the applicant 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 150th day after the
date the application is filed, unless the economic impact
evaluation has not been received, the recommendation of the Texas
Economic Development and Tourism Office or its successor under
Subsection (f-1), if applicable, has not been received, or an
extension is agreed to by the governing body and the applicant.
(d) Not later than the 60th [90th] day after the date the
comptroller receives the copy of the application, the comptroller
shall issue a certificate for a limitation on appraised value of the
property and provide the certificate to the governing body of the
school district or provide the governing body a written explanation
of the comptroller's decision not to issue a certificate.
(f-1) The governing body of a school district may request
that the Texas Economic Development and Tourism Office or its
successor submit a recommendation as to whether the new jobs
creation requirement in Section 313.021(2)(A)(iv)(b) or 313.051(b)
should be reduced or waived and, if reduced, the number of new jobs
that should be required to be created. If the governing body elects
to request that the office or its successor submit such a
recommendation, the governing body shall deliver a copy of the
application to the office or its successor and shall notify the
comptroller of the governing body's election. The comptroller shall
provide a copy of the economic impact evaluation to the office or
its successor. The recommendation of the office or its successor
shall be based on the economic impact evaluation and on any other
information available to the office or its successor, including
information provided by the governing body. The office or its
successor shall submit its recommendation to the governing body as
soon as practicable after receipt of the copy of the economic impact
evaluation but not later than the 30th day after the date the office
or its successor receives the copy of the economic impact
evaluation. The office or its successor may recommend waiving or
reducing [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 only [in Section 313.021(2)(A)(iv)(b) or
313.051(b) and approve an application] if the office or its
successor determines [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.
Notwithstanding any other provision of this chapter, the governing
body may waive or reduce the new jobs creation requirement, but only
if the office or its successor recommends waiving or reducing the
requirement and only to the extent recommended by the office or its
successor.
SECTION 2. Section 313.026(a), Tax Code, is amended to read
as follows:
(a) The economic impact evaluation of the application must
include any information the comptroller determines is necessary or
helpful to:
(1) the governing body of the school district in
determining whether to approve the application under Section
313.025; [or]
(2) the comptroller in determining whether to issue a
certificate for a limitation on appraised value of the property
under Section 313.025; or
(3) the Texas Economic Development and Tourism Office
or its successor in determining whether to recommend under Section
313.025 that the new jobs creation requirement be waived or
reduced, if such a recommendation is requested.
SECTION 3. Chapter 313, Tax Code, as amended by this Act,
applies only to an application filed under that chapter on or after
the effective date of this Act. An application filed under that
chapter before the effective date of this Act is governed by the law
in effect on the date the application was filed, and the former law
is continued in effect for that purpose.
SECTION 4. This Act takes effect January 1, 2016.