H.B. No. 4038
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4038 was passed by the House on April
20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4038 was passed by the Senate on May
19, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor