Texas 2015 - 84th Regular

Texas House Bill HB2709 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R19919 CJC-F
2	2	By: Geren, Bohac H.B. No. 2709
3	3	Substitute the following for H.B. No. 2709:
4	4	By: Button C.S.H.B. No. 2709
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility of property used for a large data center
10	10	project for ad valorem tax benefits under the Texas Economic
11	11	Development Act.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 313.021(2), Tax Code, is amended to read
14	14	as follows:
15	15	(2) "Qualified property" means:
16	16	(A) land:
17	17	(i) that is located in an area designated as
18	18	a reinvestment zone under Chapter 311 or 312 or as an enterprise
19	19	zone under Chapter 2303, Government Code;
20	20	(ii) on which a person proposes to
21	21	construct a new building or erect or affix a new improvement that
22	22	does not exist before the date the person submits a complete
23	23	application for a limitation on appraised value under this
24	24	subchapter;
25	25	(iii) that is not subject to a tax abatement
26	26	agreement entered into by a school district under Chapter 312; and
27	27	(iv) on which, in connection with the new
28	28	building or new improvement described by Subparagraph (ii), the
29	29	owner or lessee of, or the holder of another possessory interest in,
30	30	the land proposes to:
31	31	(a) make a qualified investment in an
32	32	amount equal to at least the minimum amount required by Section
33	33	313.023; and
34	34	(b) create at least 25 new qualifying
35	35	jobs;
36	36	(B) the new building or other new improvement
37	37	described by Paragraph (A)(ii); and
38	38	(C) tangible personal property:
39	39	(i) that is not subject to a tax abatement
40	40	agreement entered into by a school district under Chapter 312;
41	41	(ii) for which a sales and use tax refund is
42	42	not claimed under Section 151.3186; and
43	43	(iii) except for new equipment described in
44	44	Section 151.318(q) or (q-1), that:
45	45	(a) is first placed in service in the
46	46	new building, in the newly expanded building, or in or on the new
47	47	improvement described by Paragraph (A)(ii), or on the land on which
48	48	that new building or new improvement is located, if the personal
49	49	property is ancillary and necessary to the business conducted in
50	50	that new building or in or on that new improvement; or
51	51	(b) is first placed in service in the
52	52	new building, in the newly expanded building, or in or on the new
53	53	improvement described by Paragraph (A)(ii), or on the land on which
54	54	that new building or new improvement is located to replace personal
55	55	property described by Sub-subparagraph (a) that has a useful life
56	56	of less than five years.
57	57	SECTION 2. Section 313.024(b), Tax Code, is amended to read
58	58	as follows:
59	59	(b) To be eligible for a limitation on appraised value under
60	60	this subchapter, the entity must use the property for:
61	61	(1) manufacturing;
62	62	(2) research and development;
63	63	(3) a clean coal project, as defined by Section 5.001,
64	64	Water Code;
65	65	(4) an advanced clean energy project, as defined by
66	66	Section 382.003, Health and Safety Code;
67	67	(5) renewable energy electric generation;
68	68	(6) electric power generation using integrated
69	69	gasification combined cycle technology;
70	70	(7) nuclear electric power generation;
71	71	(8) a computer center primarily used in connection
72	72	with one or more activities described by Subdivisions (1) through
73	73	(7) conducted by the entity; [or]
74	74	(9) a Texas priority project; or
75	75	(10) a large data center project as defined by Section
76	76	151.3595.
77	77	SECTION 3. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2015.