By: Bohac (Senate Sponsor - Hancock) H.B. No. 4038 (In the Senate - Received from the House April 24, 2017; May 8, 2017, read first time and referred to Committee on Finance; May 15, 2017, reported favorably by the following vote: Yeas 9, Nays 0; May 15, 2017, sent to printer.) Click here to see the committee vote A BILL TO BE ENTITLED AN ACT relating to the definition of "qualifying job" for purposes of certification by the comptroller of public accounts as a qualifying data center. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 151.359(a)(5), Tax Code, is amended to read as follows: (5) "Qualifying job" means a full-time, permanent job that pays at least 120 percent of the county average weekly wage in the county in which the job is based. The term includes a new employment position staffed by a third-party employer if a written contract exists between the third-party employer and a qualifying owner, qualifying operator, or qualifying occupant that provides that the employment position is permanently assigned to an associated qualifying data center. SECTION 2. The change in law made by this Act applies to a data center certified as a qualifying data center by the comptroller of public accounts, regardless of whether the certification occurred before, on, or after the effective date of this Act. SECTION 3. 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, 2017. * * * * *