By: Geren H.B. No. 2709
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of property used for large data center
projects for ad valorem tax benefits under the Texas Economic
Development Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 313.024(b),Tax Code, to read as follows:
Sec. 313.024. ELIGIBLE PROPERTY. (a) This subchapter and
Subchapter C apply only to property owned by an entity subject to
the tax imposed by Chapter 171.
(a-1) Expired.
(b) To be eligible for a limitation on appraised value under
this subchapter, the entity must use the property for:
(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;
(8) a computer center primarily used in connection
with one or more activities described by Subdivisions (1) through
(7) conducted by the entity; [or]
(9) a Texas priority project; or
(10) a large data center project, as defined by
Section 151.3595(d)(2)(B), Tax Code.
SECTION 2. Section 313.024(e), Tax Code, is amended by
adding Subdivision (8) to read as follows:
(8) "Large data center project" means an establishment
primarily engaged in providing electronic data processing and
information storage.
SECTION 3. (a) Except as provided by Subsections (b) of
this section, 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.
(b) An application for a valuation limitation to a local
school district on or after March 1, 2015, pursuant to an
application filed under Chapter 313, Tax Code, before the effective
date of this Act may condition eligibility for the valuation
limitation, as applicable, on compliance with the provisions of
that chapter, as amended by this Act.
SECTION 4. 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, 2015.