S.B. No. 1340
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. Section 403.0246(a)(2), Government Code, is
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.
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 consolidated searchable data tool [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. 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 4. 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 5. This Act takes effect January 1, 2024.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1340 passed the Senate on
April 20, 2023, by the following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1340 passed the House on
May 18, 2023, by the following vote: Yeas 147, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor