| 1 | 1 | | S.B. No. 1340 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the local development agreement database maintained by |
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| 6 | 6 | | the comptroller of public accounts. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 403.0246(a)(2), Government Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | (2) "Local development agreement" means: |
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| 11 | 11 | | (A) an agreement entered into by a municipality |
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| 12 | 12 | | under Section 380.001 or 380.002, Local Government Code; |
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| 13 | 13 | | (B) an agreement entered into by a county under |
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| 14 | 14 | | Section 381.004, Local Government Code; [or] |
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| 15 | 15 | | (C) an agreement entered into by a local |
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| 16 | 16 | | government under Chapter 312, Tax Code; or |
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| 17 | 17 | | (D) any other agreement to grant or otherwise |
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| 18 | 18 | | commit public money or other resources for economic development |
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| 19 | 19 | | purposes by a local government under Chapter 380 or 381, Local |
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| 20 | 20 | | Government Code. |
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| 21 | 21 | | SECTION 2. Section 403.0246, Government Code, is amended by |
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| 22 | 22 | | amending Subsections (b) and (c) and adding Subsection (h) to read |
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| 23 | 23 | | as follows: |
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| 24 | 24 | | (b) The comptroller shall create and make accessible on the |
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| 25 | 25 | | Internet a consolidated searchable data tool [database], to be |
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| 26 | 26 | | known as the Local Development [Chapter 380 and 381] Agreement |
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| 27 | 27 | | Database, that contains information regarding all local |
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| 28 | 28 | | development agreements in this state. |
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| 29 | 29 | | (c) For each local development agreement described by |
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| 30 | 30 | | Subsection (b), the database must include: |
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| 31 | 31 | | (1) the name of the local government that entered into |
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| 32 | 32 | | the agreement; |
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| 33 | 33 | | (2) a numerical code assigned to the local government |
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| 34 | 34 | | by the comptroller; |
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| 35 | 35 | | (3) the address of the local government's |
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| 36 | 36 | | administrative offices and public contact information; |
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| 37 | 37 | | (4) the name of the appropriate officer or other |
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| 38 | 38 | | person representing the local government and that person's contact |
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| 39 | 39 | | information; |
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| 40 | 40 | | (5) the name and contact information of any entity or |
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| 41 | 41 | | the entity's agent that entered into the agreement with the local |
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| 42 | 42 | | government, including the business address and any assumed names of |
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| 43 | 43 | | the entity; |
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| 44 | 44 | | (6) the date on which the agreement went into effect |
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| 45 | 45 | | and the date and terms on which the agreement expires; |
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| 46 | 46 | | (7) the focus or scope of the agreement; |
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| 47 | 47 | | (8) an electronic copy of the agreement; [and] |
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| 48 | 48 | | (9) the name and contact information of the individual |
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| 49 | 49 | | reporting the information to the comptroller; |
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| 50 | 50 | | (10) the total monetary value of the agreement; and |
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| 51 | 51 | | (11) the source of the money used or type of tax |
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| 52 | 52 | | implicated by the agreement, including a sales and use tax, ad |
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| 53 | 53 | | valorem tax, or hotel occupancy tax. |
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| 54 | 54 | | (h) The comptroller may prescribe the form and manner in |
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| 55 | 55 | | which a local government must submit information under Subsection |
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| 56 | 56 | | (c). |
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| 57 | 57 | | SECTION 3. Subchapter A, Chapter 312, Tax Code, is amended |
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| 58 | 58 | | by adding Section 312.008 to read as follows: |
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| 59 | 59 | | Sec. 312.008. INTERNET LINK TO AGREEMENT. A taxing unit |
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| 60 | 60 | | that maintains an Internet website and that executes a tax |
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| 61 | 61 | | abatement agreement under this chapter shall provide on the website |
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| 62 | 62 | | a direct link to the location of the agreement information |
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| 63 | 63 | | published on the comptroller's Internet website under Section |
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| 64 | 64 | | 403.0246, Government Code. |
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| 65 | 65 | | SECTION 4. The changes in law made by this Act apply only to |
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| 66 | 66 | | an agreement entered into on or after the effective date of this |
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| 67 | 67 | | Act. An agreement entered into before the effective date of this |
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| 68 | 68 | | Act is governed by the law in effect on the date the agreement is |
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| 69 | 69 | | entered into, and the former law is continued in effect for that |
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| 70 | 70 | | purpose. |
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| 71 | 71 | | SECTION 5. This Act takes effect January 1, 2024. |
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| 72 | 72 | | ______________________________ ______________________________ |
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| 73 | 73 | | President of the Senate Speaker of the House |
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| 74 | 74 | | I hereby certify that S.B. No. 1340 passed the Senate on |
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| 75 | 75 | | April 20, 2023, by the following vote: Yeas 29, Nays 0. |
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| 76 | 76 | | ______________________________ |
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| 77 | 77 | | Secretary of the Senate |
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| 78 | 78 | | I hereby certify that S.B. No. 1340 passed the House on |
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| 79 | 79 | | May 18, 2023, by the following vote: Yeas 147, Nays 0, one |
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| 80 | 80 | | present not voting. |
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| 81 | 81 | | ______________________________ |
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| 82 | 82 | | Chief Clerk of the House |
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| 83 | 83 | | Approved: |
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| 84 | 84 | | ______________________________ |
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| 85 | 85 | | Date |
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| 86 | 86 | | ______________________________ |
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| 87 | 87 | | Governor |
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