H.B. No. 2826
AN ACT
relating to the eligibility of certain property located in multiple
school districts for a limitation on appraised value for school
district maintenance and operations ad valorem tax purposes under
the Texas Economic Development Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 313, Tax Code, is amended
by adding Section 313.0255 to read as follows:
Sec. 313.0255. PROJECT LOCATED IN MULTIPLE SCHOOL
DISTRICTS. (a) This section applies only to a single unified
project that is located in more than one but not more than three
school districts, each of which is contiguous to another school
district in which the projec
t is located and at least one of which
is a school district to which this subchapter applies.
(b) Except as otherwise provided by this section, the
provisions of this subchapter applicable to a project that is
located in only one school district apply to a project to which this
section applies, including the provisions governing the
application and approval process. This section does not affect the
requirement that each school district from which the applicant
desires a limitation on appraised value of the applicant's property
for school district maintenance and operations ad valorem tax
purposes enter into an agreement with the applicant under Section
313.027 in order for the applicant to receive a limitation from that
school district. Except as otherwise provided by this section, this
section does not affect the terms of an agreement between the
applicant and a school district under Section 313.027 as prescribed
by that section.
(c) For purposes of determining the required minimum amount
of a qualified investment under Section 313.021(2)(A)(iv)(a) and
the minimum amount of a limitation on appraised value under Section
313.027(b), a project is considered to be located in the school
district in which the project is located that has the highest
taxable value of property for the preceding tax year as determined
under Subchapter M, Chapter 403, Government Code.
(d) The minimum amount of the limitation on appraised value
to which a school district may agree under Section 313.027(b) is
equal to the amount specified by that subsection for the applicable
category of school district as determined in accordance with
Subsection (c) of this section multiplied by a fraction the
numerator of which is the amount of qualified investment made in the
school district in connection with the project and the denominator
of which is the total amount of qualified investment made in
connection with the project.
(e) In determining whether property on which a project is
located meets the requirements of Section 313.024 for eligibility
for a limitation on appraised value under this subchapter, the
comptroller shall consider whether the project as a whole would
meet those requirements were the project located at one site in a
single school district.
SECTION 2. Section 313.032(c), Tax Code, is amended to read
as follows:
(c) The portion of the report described by Subsection (a)(2)
must be based on data certified to the comptroller by each recipient
or former recipient of a limitation on appraised value under this
chapter. The comptroller shall verify a random sample of the data
submitted under this section using information from the Texas
Workforce Commission, the chief appraiser of the applicable
appraisal district, or other sources the comptroller considers
reliable. The random sample used to verify data under this section
must constitute not less than 33 percent of the data used by the
comptroller to prepare the report. Information provided under this
section that contains personal identifying information of an
individual is confidential and not subject to disclosure under
Chapter 552, Government Code, or Chapter 111, Tax Code.
SECTION 3. Subchapter C, Chapter 313, Tax Code, is amended
by adding Section 313.055 to read as follows:
Sec. 313.055. PROJECT LOCATED IN MULTIPLE SCHOOL DISTRICTS.
Section 313.0255 applies to a single unified project that is
located in more than one school district but not more than three
school districts, each of which is contiguous to another school
district in which the project is located and is a school district to
which this subchapter applies, in the same manner as that section
applies to a project described by Section 313.0255(a), except that
for purposes of Section 313.0255(c) the project is considered to be
located in the school district in which the project is located that
has the highest taxable value of industrial property for the
preceding tax year as determined under Subchapter M, Chapter 403,
Government Code.
SECTION 4. This Act applies only to an application filed
under Chapter 313, Tax Code, 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 5. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2826 was passed by the House on May 5,
2015, by the following vote: Yeas 131, Nays 12, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2826 on May 29, 2015, by the following vote: Yeas 139, Nays 4,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2826 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 19, Nays
12.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor