By: Zaffirini S.B. No. 1340
(In the Senate - Filed March 1, 2023; March 16, 2023, read
first time and referred to Committee on Natural Resources &
Economic Development; April 17, 2023, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 8,
Nays 0; April 17, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1340 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to the local development agreement database maintained by
the comptroller of public accounts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 403.0246(a)(2) and (3), Government
Code, are amended to read as follows:
(2) "Local development agreement" means:
(A) an agreement entered into by a municipality
under Section 380.001 or 380.002, Local Government Code;
(B) an agreement entered into by a county under
Section 381.004, Local Government Code; [or]
(C) an agreement entered into by a local
government under Chapter 312, Tax Code; or
(D) any other agreement to grant or otherwise
commit public money or other resources for economic development
purposes by a local government under Chapter 380 or 381, Local
Government Code.
(3) "Local government" includes:
(A) a municipality;
(B) a county;
(C) a school district;
(D) a county industrial commission under Section
381.001, Local Government Code; or
(E) [(D)] a board of development under Section
381.002, Local Government Code.
SECTION 2. Section 403.0246, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsection (h) to read
as follows:
(b) The comptroller shall create and make accessible on the
Internet a database, to be known as the Local Development [Chapter
380 and 381] Agreement Database, that contains information
regarding all local development agreements in this state.
(c) For each local development agreement described by
Subsection (b), the database must include:
(1) the name of the local government that entered into
the agreement;
(2) a numerical code assigned to the local government
by the comptroller;
(3) the address of the local government's
administrative offices and public contact information;
(4) the name of the appropriate officer or other
person representing the local government and that person's contact
information;
(5) the name and contact information of any entity or
the entity's agent that entered into the agreement with the local
government, including the business address and any assumed names of
the entity;
(6) the date on which the agreement went into effect
and the date and terms on which the agreement expires;
(7) the focus or scope of the agreement;
(8) an electronic copy of the agreement; [and]
(9) the name and contact information of the individual
reporting the information to the comptroller;
(10) the total monetary value of the agreement; and
(11) the source of the money used or type of tax
implicated by the agreement, including a sales and use tax, ad
valorem tax, or hotel occupancy tax.
(h) The comptroller may prescribe the form and manner in
which a local government must submit information under Subsection
(c).
SECTION 3. Section 312.005(a), Tax Code, is amended to read
as follows:
(a) The comptroller shall maintain a central registry of
reinvestment zones designated under this chapter and of ad valorem
tax abatement agreements executed under this chapter. The chief
appraiser of each appraisal district that appraises property for a
taxing unit that has designated a reinvestment zone or executed a
tax abatement agreement under this chapter shall deliver to the
comptroller before July 1 of the year following the year in which
the zone is designated or the agreement is executed a report
providing the following information:
(1) for a reinvestment zone, a general description of
the zone, including its size, the types of property located in it,
its duration, and the guidelines and criteria established for the
reinvestment zone under Section 312.002, including subsequent
amendments and modifications of the guidelines or criteria;
(2) a copy of each tax abatement agreement to which a
taxing unit that participates in the appraisal district is a party;
(3) the information described by Section
312.205(a)(1) of this code and Section 403.0246(c), Government
Code, in connection with each tax abatement agreement described by
Subdivision (2) of this subsection; and
(4) any other information required by the comptroller
to administer this section.
SECTION 4. Subchapter A, Chapter 312, Tax Code, is amended
by adding Section 312.008 to read as follows:
Sec. 312.008. INTERNET LINK TO AGREEMENT. A taxing unit
that maintains an Internet website and that executes a tax
abatement agreement under this chapter shall provide on the website
a direct link to the location of the agreement information
published on the comptroller's Internet website under Section
403.0246, Government Code.
SECTION 5. The changes in law made by this Act apply only to
an agreement entered into on or after the effective date of this
Act. An agreement entered into before the effective date of this
Act is governed by the law in effect on the date the agreement is
entered into, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2023.
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