Texas 2017 - 85th Regular

Texas House Bill HB386 Compare Versions

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11 85R1853 TJB-D
22 By: Murphy H.B. No. 386
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the requirements regarding creation of qualifying jobs
88 for the purpose of eligibility for a limitation on appraised value
99 of property for ad valorem tax purposes under the Texas Economic
1010 Development Act.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 313.021, Tax Code, is amended by
1313 amending Subdivisions (3) and (5) and adding Subdivision (6) to
1414 read as follows:
1515 (3) "Qualifying job" means a permanent full-time job
1616 that:
1717 (A) requires at least 1,600 hours of work a year;
1818 (B) is not transferred from one area in this
1919 state to another area in this state, unless the transfer represents
2020 a net new job in this state;
2121 (C) is not created to replace a previous
2222 employee;
2323 (D) is covered by a group health benefit plan for
2424 which the business offers to pay at least 80 percent of the premiums
2525 or other charges assessed for employee-only coverage under the
2626 plan, regardless of whether an employee may voluntarily waive the
2727 coverage; and
2828 (E) pays at least 110 percent of the lesser of:
2929 (i) the state median annual wage for
3030 manufacturing jobs in the state; or
3131 (ii) the county average annual [weekly]
3232 wage for manufacturing jobs in the county where the job is located.
3333 (F) In determining whether a property owner has
3434 created the number of qualifying jobs required under this chapter,
3535 operations, services and other related jobs created in connection
3636 with the project, including those employed by third parties under
3737 contract, may satisfy the minimum qualifying jobs requirement for
3838 the project if the Texas Workforce Commission determines that the
3939 cumulative economic benefits to the state of these jobs is the same
4040 or greater than that associated with the minimum number of
4141 qualified jobs required to be created under this chapter. The
4242 Texas Workforce Commission shall [may] adopt rules to implement
4343 this subsection.
4444 (5) "County average annual [weekly] wage for
4545 manufacturing jobs" and "county average annual wage for all jobs"
4646 mean [means]:
4747 (A) the average weekly wage in a county for
4848 manufacturing jobs or for all jobs, as applicable, during the most
4949 recent four quarterly periods for which data is available at the
5050 time a person submits an application for a limitation on appraised
5151 value under this subchapter, as computed by the Texas Workforce
5252 Commission, multiplied by 52; or
5353 (B) the average weekly wage for manufacturing
5454 jobs or for all jobs, as applicable, in the region designated for
5555 the regional planning commission, council of governments, or
5656 similar regional planning agency created under Chapter 391, Local
5757 Government Code, in which the county is located during the most
5858 recent four quarterly periods for which data is available at the
5959 time a person submits an application for a limitation on appraised
6060 value under this subchapter, as computed by the Texas Workforce
6161 Commission, multiplied by 52.
6262 (6) "State median annual wage for manufacturing jobs"
6363 and "state median annual wage for all jobs" mean the median annual
6464 wage in the state for manufacturing jobs or for all jobs, as
6565 applicable, during the most recent period for which data is
6666 available at the time a person submits an application for a
6767 limitation on appraised value under this subchapter, as computed by
6868 the Texas Workforce Commission.
6969 SECTION 2. Section 313.024(d), Tax Code, is amended to read
7070 as follows:
7171 (d) To be eligible for a limitation on appraised value under
7272 this subchapter, the property owner must create the required number
7373 of new qualifying jobs as defined by Section 313.021(3) and the
7474 average annual [weekly] wage for all jobs created by the owner that
7575 are not qualifying jobs must exceed the lesser of:
7676 (1) the state median annual wage for all jobs in the
7777 state; or
7878 (2) the county average annual [weekly] wage for all
7979 jobs in the county where the jobs are located.
8080 SECTION 3. Section 313.032(c), Tax Code, is amended to read
8181 as follows:
8282 (c) The portion of the report described by Subsection (a)(2)
8383 must be based on data certified to the comptroller by each recipient
8484 or former recipient of a limitation on appraised value under this
8585 chapter. The comptroller shall verify the data on which the portion
8686 of the report described by Subsections (a)(2)(A), (B), and (C) is
8787 based using information from the Texas Workforce Commission, the
8888 chief appraiser of the applicable appraisal district, or other
8989 sources the comptroller considers reliable.
9090 SECTION 4. As soon as practicable after the effective date
9191 of this Act, the Texas Workforce Commission shall adopt rules to
9292 implement Section 313.021(3)(F), Tax Code, as amended by this Act.
9393 SECTION 5. Sections 313.021 and 313.024, Tax Code, as
9494 amended by this Act, apply only to an agreement entered into under
9595 Chapter 313, Tax Code, on or after the effective date of this Act.
9696 An agreement entered into under that chapter before the effective
9797 date of this Act is governed by the law in effect on the date the
9898 agreement was entered into, and the former law is continued in
9999 effect for that purpose.
100100 SECTION 6. This Act takes effect September 1, 2017.