Texas 2023 88th Regular

Texas Senate Bill SB1211 Introduced / Bill

Filed 02/27/2023

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                    By: Blanco S.B. No. 1211


 A BILL TO BE ENTITLED
 AN ACT
 relating to defense economic readjustment zones.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  This Act shall be known as the Texas Defense,
 Aerospace, and Manufacturing Jobs Act.
 SECTION 2.  Section 2310.001, Government Code, is amended by
 amending Subdivision (7) and adding Subdivision (8) to read as
 follows:
 (7)  "Readjustment zone" means a municipality or county
 [an area] designated as a defense economic readjustment zone under
 this chapter.
 (8)  "Veteran" has the meaning assigned by Section
 2308.251.
 SECTION 3.  Section 2310.002, Government Code, is amended to
 read as follows:
 Sec. 2310.002.  JURISDICTION OF MUNICIPALITY OR COUNTY. (a)
 For the purposes of this chapter, territory in the extraterritorial
 jurisdiction of a municipality is considered to be in the
 jurisdiction of the municipality.
 (b)  Notwithstanding Subsection (a):
 (1)  the governing body of a county may apply to the
 bank for designation as a defense readjustment project a project or
 activity of a qualified business that is located within the
 jurisdiction of a municipality located in the county;
 (2)  the governing body of a municipality may apply to
 the bank for designation as a defense readjustment project a
 project or activity of a qualified business that is located within
 the jurisdiction of the municipality; or
 (3)  the governing body of a county may apply to the
 bank for designation as a defense readjustment project a project or
 activity of a qualified business that is located in an
 unincorporated area within the jurisdiction of the county.
 (c)  Before a county makes an application as provided by
 Subsection (b)(1), the applying county must enter into an
 interlocal agreement with the municipality that has jurisdiction of
 the territory in which the project or activity described by
 Subsection (b)(1) will be located. The interlocal agreement must
 specify that either the applying county or the municipality that
 has jurisdiction of the territory in which the project or activity
 described by Subsection (b)(1) will be located is the governmental
 body having administration authority under Section 2310.201 and
 that both the applying county and municipality approve the
 application. For purposes of this subsection, a county during any
 biennium may use the maximum number of designations the county is
 permitted under Section 2310.306(e) within the territory described
 by this subsection.
 SECTION 4.  Section 2310.051(b), Government Code, is amended
 to read as follows:
 (b)  The bank shall establish criteria and procedures [for
 designating a qualified area as a readjustment zone and] for
 designating a defense readjustment project.
 SECTION 5.  Section 2310.101, Government Code, is amended to
 read as follows:
 Sec. 2310.101.  [CRITERIA FOR] READJUSTMENT ZONE
 DESIGNATION. (a) A municipality or county automatically qualifies
 for designation [To be designated] as a readjustment zone if the
 municipality or county is a defense-dependent community as
 described by Section 2310.102 or has established a spaceport
 development corporation in the municipality or county [an area
 must:
 [(1)  have a continuous boundary;
 [(2)  be at least one square mile but not larger than 20
 square miles, excluding lakes, waterways, and transportation
 arteries, of the municipality, county, or combination of
 municipalities or counties nominating the area as a readjustment
 zone;
 [(3)  be located in an adversely affected
 defense-dependent community;
 [(4)  have at least 50 percent of its area located in an
 existing or former United States Department of Defense facility;
 and
 [(5)  be nominated as a readjustment zone by an
 ordinance or order adopted by the nominating body].
 (b)  A municipality or county designated as [An area is not
 prohibited from being included in] a readjustment zone under this
 section is not prohibited from having an area of the municipality or
 county [because the area is] also included in an enterprise zone
 designated under Chapter 2303.
 SECTION 6.  Section 2310.102, Government Code, is amended to
 read as follows:
 Sec. 2310.102.  [ADVERSELY AFFECTED] DEFENSE-DEPENDENT
 COMMUNITY. A municipality or county is a [an adversely affected]
 defense-dependent community if, as applicable, the municipality or
 county encompasses any part of a federally owned or operated
 military installation or mission that is functioning on or after
 May 19, 1997 [the bank determines that:
 [(1)  the municipality or county requires assistance
 because of:
 [(A)  the proposed or actual establishment,
 realignment, or closure of a defense facility;
 [(B)  the cancellation or termination of a United
 States Department of Defense contract or the failure of the
 department of defense to proceed with an approved major weapon
 system program;
 [(C)  a publicly announced planned major
 reduction in department of defense spending that would directly and
 adversely affect the municipality or county; or
 [(D)  the closure or a significant reduction of
 the operations of a defense facility as the result of a merger,
 acquisition, or consolidation of a defense contractor operating the
 facility; and
 [(2)  the municipality or county is expected to
 experience, during the period between the beginning of the federal
 fiscal year during which an event described by Subdivision (1) is
 finally approved and the date that the event is to be substantially
 completed, a direct loss of:
 [(A)  2,500 or more defense worker jobs in any
 area of the municipality or county that is located in an urbanized
 area of a metropolitan statistical area;
 [(B)  1,000 or more defense worker jobs in any
 area of the municipality or county that is not located in an
 urbanized area of a metropolitan statistical area; or
 [(C)  one percent of the civilian jobs in the
 municipality or county].
 SECTION 7.  Section 2310.109, Government Code, is amended to
 read as follows:
 Sec. 2310.109.  PERIOD OF DESIGNATION. A [An area may be
 designated as a] readjustment zone [for a maximum of seven years.
 A] designation remains in effect indefinitely so long as the
 municipality or county, as applicable, continues to qualify for
 designation as a readjustment zone under this chapter [until
 September 1 of the final year of the designation].
 SECTION 8.  Section 2310.111(a), Government Code, is amended
 to read as follows:
 (a)  The bank may remove the designation of an area
 designated as a readjustment zone before September 1, 2023, if:
 (1)  the area no longer meets the criteria for
 designation under this chapter, as this chapter existed on January
 1, 2023, or by rule of the office adopted under this chapter before
 September 1, 2023; or
 (2)  the bank determines that the governing body of the
 readjustment zone has not complied with commitments made in the
 ordinance or order nominating the area as a readjustment zone
 before September 1, 2023.
 SECTION 9.  Section 2310.201, Government Code, is amended to
 read as follows:
 Sec. 2310.201.  ADMINISTRATION BY GOVERNING BODY. (a) The
 governing body of a readjustment zone is the governing body of the
 municipality or county[, or the governing bodies of the combination
 of municipalities or counties, that applied to have the area]
 designated as a readjustment zone.
 (b)  The governing body with administration authority over a
 defense readjustment project for which a designation is sought
 under Section 2310.002(b)(1) is determined under the terms of an
 interlocal agreement required by Section 2310.002(c).
 (c)  The governing body with administrative authority over a
 defense readjustment project for which a designation is sought
 under Section 2310.002(b)(2) or (3) is the governing body of the
 municipality or county, as applicable, applying to the bank for
 that designation.
 SECTION 10.  Section 2310.204(c), Government Code, is
 amended to read as follows:
 (c)  The report must include for the year preceding the date
 of the report:
 (1)  a list of local incentives for community
 development available in the zone;
 (2)  the use of local incentives [for which the
 governing body provided in the ordinance or order nominating the
 readjustment zone] and the effect of those incentives on revenue;
 (3)  the number of businesses assisted, located, and
 retained in the zone since its designation due to the existence of
 the readjustment zone;
 (4)  a summary of all industrial revenue bonds issued
 to finance projects located in the zone; and
 (5)  a description of all efforts made to attain
 revitalization goals for the zone.
 SECTION 11.  Section 2310.301, Government Code, is amended
 to read as follows:
 Sec. 2310.301.  DEFINITIONS [DEFINITION]. In this
 subchapter:
 (1)  "New[, "new] permanent job" means a new employment
 position created by a qualified business as described by Section
 2310.302 that:
 (A) [(1)]  has provided at least 1,820 hours of
 employment a year to a qualified employee; and
 (B) [(2)]  is intended to exist during the period
 that the qualified business is designated as a defense readjustment
 project under Section 2310.306.
 (2)  "Retained job" means a job that:
 (A)  existed with a qualified business on the 91st
 day before the date the business's project or activity is
 designated as a defense readjustment project;
 (B)  has provided and will continue to provide
 employment to a qualified employee of at least 1,820 hours a year;
 and
 (C)  will be or has been an employment position
 for the longer of:
 (i)  the duration of the project's
 designation period; or
 (ii)  three years after the expiration date
 of the claim period for receipt of a state benefit authorized by
 this chapter.
 SECTION 12.  Section 2310.302(a), Government Code, is
 amended to read as follows:
 (a)  A person is a qualified business if the bank, for the
 purpose of state benefits under this chapter, or the governing body
 of a readjustment zone, for the purpose of local benefits,
 certifies that:
 (1)  the person is engaged in or has provided
 substantial commitment to initiate the active conduct of a trade or
 business in the readjustment zone; [and]
 (2)  at least 50 [25] percent of the person's [new]
 employees in the readjustment zone are:
 (A)  residents of the governing jurisdiction;
 (B)  economically disadvantaged individuals, as
 defined by Section 2303.402(c); [or]
 (C)  dislocated defense workers; or
 (D)  veterans; and
 (3)  the person:
 (A)  either:
 (i)  has a United States Department of
 Defense contract; or
 (ii)  as determined by the Texas Military
 Preparedness Commission:
 (a)  furthers the mission of the
 readjustment zone's military installation; or
 (b)  adds military value to the
 readjustment zone's military installation or community; or
 (B)  is related to the defense, aerospace, or
 advanced manufacturing industry.
 SECTION 13.  Section 2310.303, Government Code, is amended
 to read as follows:
 Sec. 2310.303.  PROHIBITION ON QUALIFIED BUSINESS
 CERTIFICATION; LIMIT ON DEFENSE READJUSTMENT PROJECT DESIGNATIONS.
 If the bank determines that the governing body of a readjustment
 zone is not complying with this chapter, the bank shall prohibit the
 certification of a qualified business in the zone until the bank
 determines that the governing body is complying with this chapter.
 The bank may not designate more than 21 [two] defense readjustment
 projects during any biennium [in a single readjustment zone].
 SECTION 14.  Section 2310.305(b), Government Code, is
 amended to read as follows:
 (b)  An application must:
 (1)  describe the procedures and efforts of the
 governmental entity or entities [that applied to have the area
 designated as a readjustment zone] to facilitate and encourage
 participation by and negotiation among affected entities in the
 zone in which the qualified business is located;
 (2)  contain an economic analysis of the plans of the
 qualified business for expansion, revitalization, or other
 activity in the readjustment zone, including:
 (A)  the number of anticipated new permanent jobs
 the business will create during the designation period presented in
 the form of a tabular listing of:
 (i)  the classification titles of those
 jobs; and
 (ii)  the number of jobs and salary range for
 each classification title;
 (B)  the anticipated number of permanent jobs the
 business will retain during the designation period presented in the
 form of a tabular listing of:
 (i)  the classification titles of those
 jobs; and
 (ii)  the number of jobs and salary range for
 each classification title;
 (C)  the amount of investment to be made in the
 zone; [and]
 (D)  other information the bank requires;
 (E)  the number of employment positions in
 existence at the qualified business site on the 91st day before the
 application deadline; and
 (F)  if the application is for a double or triple
 jumbo defense readjustment project, as defined by Section 2310.307,
 an indication of which level of designation is being sought; and
 (3)  describe the local effort made by the governmental
 entity or entities [that applied to have the area designated as a
 readjustment zone], the administrative authority, if one exists,
 the qualified business, and other affected entities to develop and
 revitalize the zone.
 SECTION 15.  Section 2310.306, Government Code, is amended
 by amending Subsection (a) and adding Subsections (d-1), (e), (f),
 and (g) to read as follows:
 (a)  The bank may designate a qualified business as a defense
 readjustment project only if [the bank determines that]:
 (1)  the bank determines that:
 (A)  the business is a qualified business under
 Section 2310.302 that is located in or has made a substantial
 commitment to locate in a defense readjustment zone;
 (B) [(2)]  the governing body of the readjustment
 zone making the application has demonstrated that a high level of
 cooperation exists among public, private, and neighborhood
 entities in the zone; and
 (C) [(3)]  the designation will contribute
 significantly to the achievement of the plans of the governing body
 making the application for development and revitalization of the
 zone; or
 (2)  if the qualified business is seeking job retention
 benefits, the business has clearly demonstrated that:
 (A)  the permanent employees of the business will
 be permanently laid off;
 (B)  the business will close down permanently;
 (C)  the business will relocate out of state;
 (D)  the business is able to employ individuals in
 accordance with Section 2310.302; or
 (E)  the business facility has been legitimately
 destroyed or substantially impaired because of fire, flood,
 tornado, hurricane, or any other natural disaster and that at least
 60 percent of the capital investment is being spent to repair
 damages resulting from the disaster.
 (d-1)  The office may not designate multiple concurrent
 defense readjustment projects to a qualified business located in a
 readjustment zone.
 (e)  Subject to Subsection (f), the maximum number of defense
 readjustment projects that the bank may designate for each
 readjustment zone during any biennium is:
 (1)  one, if the readjustment zone is a municipality or
 county with a population of less than 500,000; or
 (2)  three, if the readjustment zone is a municipality
 or county with a population of 500,000 or more.
 (f)  The bank may only designate a maximum number of three
 defense readjustment projects in one county during any biennium,
 which includes a designated defense readjustment project in a
 municipality in the county, regardless of whether the governing
 body of the county or a municipality in the county applied for the
 designation.
 (g)  An approved designation as a double jumbo defense
 readjustment project, as defined by Section 2310.307, counts as two
 project designations against both the bank for purposes of
 Subsections (e) and (f) and the number of defense readjustment
 project designations allowed statewide per biennium under Section
 2310.303. An approved designation as a triple jumbo defense
 readjustment project, as defined by Section 2310.307, counts as
 three project designations against both the bank for purposes of
 Subsections (e) and (f) and the number of defense readjustment
 project designations allowed statewide per biennium under Section
 2310.303.
 SECTION 16.  Section 2310.307, Government Code, is amended
 to read as follows:
 Sec. 2310.307.  ALLOCATION OF JOBS ELIGIBLE FOR TAX REFUND.
 (a) The [When the bank designates a business as a defense
 readjustment project, the] bank shall allocate to a defense
 readjustment [the] project the maximum number of new permanent jobs
 or retained jobs eligible based on the amount of capital investment
 made in the project, the project's designation level, and the
 refund per job with a maximum refund to be included in a computation
 of a tax refund for the project.
 (b)  A capital investment in a project of:
 (1)  $1,000,000 to $4,999,999.99 will result in a
 refund of up to $2,500 per job with a maximum refund of $312,500 for
 the creation or retention of 150 jobs;
 (2)  $5,000,000 or more will result in a refund of up to
 $2,500 per job with a maximum refund of $1,250,000 for the creation
 or retention of 500 jobs, except as provided by Subdivision (3) or
 (4);
 (3)  $150,000,000 to $249,999,999.99 will result in a
 refund of up to $5,000 per new permanent job with a maximum refund
 of $2,500,000 for the creation of 500 new permanent jobs if the bank
 designates the project as a double jumbo defense readjustment
 project; or
 (4)  $250,000,000 or more will result in a refund of up
 to $7,500 per new permanent job with a maximum refund of $3,750,000
 for the creation of at least 500 new permanent jobs if the bank
 designates the project as a triple jumbo defense readjustment
 project.
 (c)  A defense readjustment project for which a commitment
 for a capital investment in the range amount and the creation of the
 number of new permanent jobs specified by Subsection (b)(3) is made
 is considered a "double jumbo defense readjustment project" if the
 project is so designated by the bank.
 (d)  A defense readjustment project for which a commitment
 for a capital investment in the range amount and the creation of the
 number of new permanent jobs specified by Subsection (b)(4) is made
 is considered a "triple jumbo defense readjustment project" if the
 project is so designated by the bank. [The number may not exceed 500
 or a number equal to 110 percent of the number of anticipated new
 permanent jobs or retained jobs specified in the application for
 designation of the business as a defense readjustment project under
 Section 2310.305, whichever is less.]
 SECTION 17.  Subchapter E, Chapter 2310, Government Code, is
 amended by adding Section 2310.3071 to read as follows:
 Sec. 2310.3071.  MAXIMUM TAX REFUND. (a)  In this section,
 "double jumbo defense readjustment project" and "triple jumbo
 defense readjustment project" have the meanings assigned by Section
 2310.307.
 (b)  A defense readjustment project is eligible for a maximum
 refund of $250,000 in each state fiscal year.
 (c)  A double jumbo defense readjustment project is eligible
 for a maximum refund of $500,000 in each state fiscal year.
 (d)  A triple jumbo defense readjustment project is eligible
 for a maximum refund of $750,000 in each state fiscal year.
 SECTION 18.  Section 2310.308, Government Code, is amended
 to read as follows:
 Sec. 2310.308.  DURATION OF CERTAIN DESIGNATIONS. (a) The
 bank's designation of a qualified business as a defense
 readjustment project is effective until the fifth anniversary of
 the date on which the designation is made regardless of whether the
 readjustment zone in which the project is located expires before
 the fifth anniversary of the project.
 (b)  The bank may not designate a qualified business as a
 defense readjustment project for more than two consecutive
 designation periods described by Subsection (a).
 SECTION 19.  Section 2310.405(a), Government Code, is
 amended to read as follows:
 (a)  To encourage economic [the] development in the
 municipality [of areas designated as readjustment zones], the
 governing body of a municipality designated as a readjustment zone
 under this chapter, through a program, may refund its local sales
 and use taxes paid by a qualified business on all taxable items
 purchased for use at the qualified business site related to the
 project or activity[:
 [(1)  the purchase, lease, or rental of equipment or
 machinery for use in a readjustment zone;
 [(2)  the purchase of material for use in remodeling,
 rehabilitating, or constructing a structure in a readjustment zone;
 [(3)  labor for remodeling, rehabilitating, or
 constructing a structure in a readjustment zone; and
 [(4)  electricity and natural gas purchased and
 consumed in the normal course of business in the readjustment
 zone].
 SECTION 20.  Section 2310.409, Government Code, is amended
 to read as follows:
 Sec. 2310.409.  OTHER LOCAL INCENTIVES. (a) The governing
 body of a municipality or county that is the governing body of a
 readjustment zone may:
 (1)  defer compliance in the zone with the subdivision
 and development ordinances or rules, other than those relating to
 streets and roads or sewer or water services, of the municipality or
 county, as appropriate;
 (2)  [give priority to the zone for the receipt of:
 [(A)  community development block grant money;
 [(B)  industrial revenue bonds; or
 [(C)  funds received for job training;
 [(3)  adopt and implement a plan for police protection
 in the zone;
 [(4)]  amend the zoning ordinances of the municipality
 or county, as appropriate, to promote economic development in the
 zone;
 (3) [(5)]  establish permitting preferences for
 businesses in the zone;
 (4) [(6)]  establish simplified, accelerated, or other
 special permit procedures for businesses in the zone;
 (5) [(7)]  waive development fees for projects in the
 zone;
 (6) [(8)]  create a local readjustment zone fund for
 funding bonds or other programs or activities to develop or
 revitalize the zone;
 (7) [(9)]  for qualified businesses in the zone, reduce
 rates charged by:
 (A)  a utility owned by the municipality or
 county, as appropriate; or
 (B)  a cooperative corporation or utility owned by
 private investors, subject to the requirements of Subsection (b);
 (8) [(10)]  in issuing housing finance bonds, give
 priority to persons or projects in the zone;
 (9) [(11)]  in providing services, give priority to
 local economic development, educational, job training, or
 transportation programs that benefit the zone; or
 (10) [(12)]  sell real property owned by the
 municipality or county, as appropriate, and located in the
 readjustment zone in accordance with Section 2310.410.
 (b)  A reduction in utility rates under Subsection (a)(7)(B)
 [(a)(9)(B)] is subject to the agreement of the affected utility and
 the approval of the appropriate regulatory authority under Title 2,
 Utilities Code. The rates may be reduced up to but not more than
 five percent below the lowest rate allowable for that customer
 class. In making its determination under this section, the
 regulatory authority shall consider revitalization goals for the
 readjustment zone. In setting the rates of the utility the
 appropriate regulatory authority shall allow the utility to recover
 the amount of the reduction.
 SECTION 21.  Section 151.4291, Tax Code, is amended by
 amending Subsections (a), (b), (c), and (e) and adding Subsection
 (i) to read as follows:
 (a)  A defense readjustment project is eligible for a refund
 in the amount provided by this section of the taxes imposed by this
 chapter on purchases of all taxable items purchased for use at the
 qualified business site related to the project or activity[:
 [(1)  equipment or machinery sold to a defense
 readjustment project for use in a readjustment zone;
 [(2)  building materials sold to a defense readjustment
 project for use in remodeling, rehabilitating, or constructing a
 structure in a readjustment zone;
 [(3)  labor for remodeling, rehabilitating, or
 constructing a structure by a defense readjustment project in a
 readjustment zone; and
 [(4)  electricity and natural gas purchased and
 consumed in the normal course of business in the readjustment
 zone].
 (b)  Subject to the limitations provided by Subsection (c)
 [of this section], a defense readjustment project qualifies for a
 refund of taxes under this section based on the amount of capital
 investment made at the qualified business site, the project's
 designation level, and the refund per job with a maximum refund to
 be included in a computation of a tax refund for the project. A
 capital investment at the qualified business site of:
 (1)  $1,000,000 to $4,999,999.99 will result in a
 refund of up to $2,500 per job with a maximum refund of $312,500 for
 the creation or retention of 150 jobs;
 (2)  $5,000,000 or more will result in a refund of up to
 $2,500 per job with a maximum refund of $1,250,000 for the creation
 or retention of 500 jobs, except as provided by Subdivision (3) or
 (4);
 (3)  $150,000,000 to $249,999,999.99 will result in a
 refund of up to $5,000 per new permanent job with a maximum refund
 of $2,500,000 for the creation of 500 new permanent jobs if the
 Texas Economic Development Bank designates the project as a double
 jumbo defense readjustment project; or
 (4)  $250,000,000 or more will result in a refund of up
 to $7,500 per new permanent job with a maximum refund of $3,750,000
 for the creation of at least 500 new permanent jobs if the Texas
 Economic Development Bank designates the project as a triple jumbo
 defense readjustment project [of $2,500 for each new permanent job
 or job that has been retained by the defense readjustment project
 for a qualified employee].
 (c)  The total amount of tax refund that a defense
 readjustment project may apply for in a state fiscal year may not
 exceed $250,000, at not more than $2,500 per job. The total amount
 of tax refund that a double jumbo defense readjustment project may
 apply for in a state fiscal year may not exceed $500,000, at not
 more than $5,000 per new permanent job. The total amount of tax
 refund that a triple jumbo defense readjustment project may apply
 for in a state fiscal year may not exceed $750,000, at not more than
 $7,500 per new permanent job. If a defense readjustment project,
 double jumbo defense readjustment project, or triple jumbo defense
 readjustment project qualifies in a state fiscal year for a refund
 of taxes in an amount in excess of the applicable limitation
 provided by this subsection, it may apply for a refund of those
 taxes in a subsequent year, subject to the applicable limitation
 for each year. The total amount that may be refunded to:
 (1)  a defense readjustment project under this section
 may not exceed the amount determined by multiplying $250,000 by the
 number of state fiscal years during which the defense readjustment
 project created or retained one or more jobs for qualified
 employees;
 (2)  a double jumbo defense readjustment project under
 this section may not exceed the amount determined by multiplying
 $500,000 by the number of state fiscal years during which the double
 jumbo defense readjustment project created one or more new
 permanent jobs for qualified employees; or
 (3)  a triple jumbo defense readjustment project under
 this section may not exceed the amount determined by multiplying
 $750,000 by the number of state fiscal years during which the triple
 jumbo defense readjustment project created one or more new
 permanent jobs for qualified employees. [If a defense readjustment
 project qualifies in a state fiscal year for a refund of taxes in an
 amount in excess of the limitation provided by this subsection, it
 may apply for a refund of those taxes in a subsequent year, subject
 to the $250,000 limitation for each year. However, a defense
 readjustment project may not apply for a refund under this section
 after the end of the state fiscal year immediately following the
 state fiscal year in which the defense readjustment project's
 designation as a defense readjustment project expires or is
 removed. The total amount that may be refunded to a defense
 readjustment project under this section may not exceed the amount
 determined by multiplying $250,000 by the number of state fiscal
 years during which the defense readjustment project created one or
 more jobs for qualified employees.]
 (e)  In this section:
 (1)  "Defense readjustment project" means a person
 designated by the Texas Economic Development Bank as a defense
 readjustment project under Chapter 2310, Government Code.
 (2)  "Readjustment zone" and "qualified employee" have
 the meanings assigned to those terms by Section 2310.001,
 Government Code.
 (3)  "New permanent job" means a new employment
 position created by a qualified business as described by Section
 2310.302, Government Code, that:
 (A)  has provided at least 1,820 hours of
 employment a year to a qualified employee; and
 (B)  is intended to exist during the period that
 the qualified business is designated as a defense readjustment
 project under Chapter 2310, Government Code.
 (4)  "Retained job" has the meaning assigned by Section
 2310.301, Government Code.
 (5)  "Double jumbo defense readjustment project" and
 "triple jumbo defense readjustment project" have the meanings
 assigned by Section 2310.307, Government Code.
 (i)  As provided by Subsection (c), a double jumbo defense
 readjustment project is eligible for a maximum refund of $500,000
 and a triple jumbo defense readjustment project is eligible for a
 maximum refund of $750,000 in each state fiscal year.
 SECTION 22.  The following provisions of the Government Code
 are repealed:
 (1)  Section 2310.001(4);
 (2)  Section 2310.053(d);
 (3)  Section 2310.103;
 (4)  Section 2310.104;
 (5)  Section 2310.105;
 (6)  Section 2310.106;
 (7)  Section 2310.107;
 (8)  Section 2310.108;
 (9)  Section 2310.110; and
 (10)  Section 2310.407.
 SECTION 23.  The changes in law made by this Act to Chapter
 2310, Government Code, apply only to an application for a
 designation of a project or activity under the defense economic
 readjustment zone program under Chapter 2310, Government Code, as
 amended by this Act, that is filed on or after the effective date of
 this Act. An application for designation of a project or activity
 under the defense economic readjustment zone program that is filed
 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 24.  The changes in law made by this Act to Section
 151.4291, Tax Code, apply only to an application for a tax refund
 made on or after the effective date of this Act. An application for
 a tax refund made before the effective date of this Act is governed
 by the law in effect on the date the application was made, and the
 former law is continued in effect for that purpose.
 SECTION 25.  The comptroller of public accounts is required
 to implement the changes in law made by this Act only if the
 legislature appropriates money specifically for that purpose. If
 the legislature does not appropriate money specifically for that
 purpose, the comptroller may, but is not required to, implement
 this Act using other appropriations available for that purpose.
 SECTION 26.  This Act takes effect September 1, 2023.