Texas 2025 - 89th Regular

Texas House Bill HB105 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13859 TJB-F
2	2	By: Guillen H.B. No. 105
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Texas Jobs, Energy, Technology, and Innovation Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 403.602, Government Code, as added by
12	12	Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
13	13	Session, 2023, is amended by adding Subdivision (14-a) and amending
14	14	Subdivision (15) to read as follows:
15	15	(14-a) "Priority project" means an eligible project for
16	16	which an applicant agrees to make an investment in an amount of at
17	17	least $750 million by the end of the first tax year of the incentive
18	18	period prescribed by the agreement pertaining to the project.
19	19	(15) "Qualified opportunity zone" means an area
20	20	designated as such by the secretary of the United States Treasury as
21	21	of January 1, 2026.
22	22	SECTION 2. Section 403.604(a), Government Code, as added by
23	23	Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
24	24	Session, 2023, is amended to read as follows:
25	25	(a) A jobs and investment requirement prescribed by this
26	26	section does not apply to an eligible project that is:
27	27	(1) an electric generation facility described by
28	28	Section 403.602(8)(A)(i)(b); or
29	29	(2) a priority project.
30	30	SECTION 3. Section 403.609(b), Government Code, as added by
31	31	Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
32	32	Session, 2023, is amended to read as follows:
33	33	(b) The comptroller may not recommend an application for
34	34	approval unless the comptroller finds that:
35	35	(1) the proposed project that is the subject of the
36	36	application is an eligible project;
37	37	(2) the proposed project is reasonably likely to
38	38	generate, before the 20th anniversary of the first day of the
39	39	construction period, state or local tax revenue, including ad
40	40	valorem tax revenue attributable to the effect of the project on the
41	41	economy of this state, in an amount sufficient to offset the school
42	42	district maintenance and operations ad valorem tax revenue lost as
43	43	a result of the agreement;
44	44	(3) for a proposed project other than an electric
45	45	generation facility described by Section 403.602(8)(A)(i)(b) or a
46	46	priority project, the agreement is a compelling factor in a
47	47	competitive site selection determination and that, in the absence
48	48	of the agreement, the applicant would not make the proposed
49	49	investment in this state; and
50	50	(4) if the application indicates that the eligible
51	51	project is proposed to be located in a qualified opportunity zone,
52	52	the project is located in the zone.
53	53	SECTION 4. Section 403.612(b), Government Code, as added by
54	54	Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
55	55	Session, 2023, is amended to read as follows:
56	56	(b) An agreement entered into under this section between the
57	57	governor, a school district, and an applicant pertaining to an
58	58	eligible project shall:
59	59	(1) specify the project to which the agreement
60	60	applies;
61	61	(2) specify the term of the agreement, which must:
62	62	(A) begin on the date the agreement is entered
63	63	into; and
64	64	(B) end on December 31 of the third tax year
65	65	following the end of the incentive period;
66	66	(3) specify the construction and incentive periods for
67	67	the project;
68	68	(4) specify the manner for determining the taxable
69	69	value for school district maintenance and operations ad valorem tax
70	70	purposes during the incentive period under Section 403.605 for the
71	71	eligible property subject to the agreement;
72	72	(5) specify the applicable jobs and investment
73	73	requirements prescribed by Section 403.604 and require the
74	74	applicant to comply with those requirements;
75	75	(6) require that the average annual wage paid to all
76	76	persons employed by the applicant in required jobs in connection
77	77	with the project be not less than [used to calculate total jobs
78	78	exceed] 110 percent of the county average annual wage for
79	79	manufacturing [all] jobs in the county where the project is located
80	80	[applicable industry sector] during the most recent four quarters
81	81	for which data is available, as computed by the Texas Workforce
82	82	Commission, with the applicant's average annual wage being equal to
83	83	the quotient of:
84	84	(A) the applicant's total wages paid to all
85	85	persons holding required jobs[, other than wages paid for
86	86	construction jobs, as reported under Section 403.616(c)(4)]; and
87	87	(B) the applicant's number of required [total]
88	88	jobs as certified [reported] under Section 403.616(c)(1)(A)(ii)
89	89	[403.616(c)(3)];
90	90	(7) require the applicant to pay a penalty prescribed
91	91	by Section 403.614 if the applicant fails to comply with an
92	92	applicable jobs or wage requirement;
93	93	(8) require the applicant to offer and contribute to a
94	94	group health benefit plan for each employee of the applicant who is
95	95	employed in a full-time job;
96	96	(9) require the applicant, at the time the applicant
97	97	executes the agreement, to execute a performance bond in an amount
98	98	the comptroller determines to be reasonable and necessary to
99	99	protect the interests of the state and the district and conditioned
100	100	on the applicant's compliance with the terms of the agreement;
101	101	(10) authorize the governor or the district to
102	102	terminate the agreement as provided by Subsection (d); and
103	103	(11) incorporate each relevant provision of this
104	104	subchapter.
105	105	SECTION 5. The changes in law made by this Act to Subchapter
106	106	T, Chapter 403, Government Code, as added by Chapter 377 (H.B. 5),
107	107	Acts of the 88th Legislature, Regular Session, 2023, apply only to
108	108	an agreement entered into under that subchapter pursuant to an
109	109	application submitted under that subchapter on or after the
110	110	effective date of this Act. An agreement entered into under that
111	111	subchapter pursuant to an application submitted before the
112	112	effective date of this Act is governed by the law in effect on the
113	113	date the application was submitted, and the former law is continued
114	114	in effect for that purpose.
115	115	SECTION 6. This Act takes effect September 1, 2025.