By: Harrison H.B. No. 5095
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the Texas Jobs, Energy, Technology, and
Innovation Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter T, Chapter 403, Government Code, as
added by Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
Session, 2023, is repealed.
SECTION 2. Section 48.2551(a), Education Code, is amended
to read as follows:
(a) In this section:
(1) "DPV" is the taxable value of property in the
school district, as determined by the agency by rule, using locally
determined property values adjusted in accordance with Section
403.302(d), Government Code;
(2) "E" is the expiration of the exclusion of
appraised property value for the preceding tax year that is
recognized as taxable property value for the current tax year,
which is the sum of the following:
(A) property value that is no longer subject to a
limitation on appraised value under former Subchapter B or C,
Chapter 313, Tax Code, or a limitation on taxable value under former
Subchapter T, Chapter 403, Government Code, as added by Chapter 377
(H.B. 5), Acts of the 88th Legislature, Regular Session, 2023; and
(B) property value under Section 311.013(n), Tax
Code, that is no longer excluded from the calculation of "DPV" from
the preceding year because of refinancing or renewal after
September 1, 2019;
(3) "MCR" is the district's maximum compressed rate,
which is the tax rate for the current tax year per $100 of valuation
of taxable property at which the district must levy a maintenance
and operations tax to receive the full amount of the tier one
allotment to which the district is entitled under this chapter;
(4) "PYDPV" is the district's value of "DPV" for the
preceding tax year; and
(5) "PYMCR" is the district's value of "MCR" for the
preceding tax year.
SECTION 3. Section 48.256(d), Education Code, is amended to
read as follows:
(d) This subsection applies to a school district in which
the board of trustees entered into a written agreement with a
property owner for the implementation of a limitation on taxable
value under former Subchapter T, Chapter 403, Government Code, as
added by Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
Session, 2023. For purposes of determining "DPV" under Subsection
(a) for a school district to which this subsection applies, the
commissioner shall exclude a portion of the market value of
property not otherwise fully taxable by the district under former
Subchapter T, Chapter 403, Government Code, as added by Chapter 377
(H.B. 5), Acts of the 88th Legislature, Regular Session, 2023. The
comptroller shall provide information to the agency necessary for
this subsection.
SECTION 4. Section 2303.507, Government Code, is amended to
read as follows:
Sec. 2303.507. TAX INCREMENT FINANCING AND ABATEMENT;
LIMITATIONS ON APPRAISED AND TAXABLE VALUE. Designation of an area
as an enterprise zone is also designation of the area as a
reinvestment zone for:
(1) tax increment financing under Chapter 311, Tax
Code;
(2) tax abatement under Chapter 312, Tax Code;
(3) limitations on appraised value under former
Subchapter B or C, Chapter 313, Tax Code; and
(4) limitations on taxable value under former
Subchapter T, Chapter 403, of this code, as added by Chapter 377
(H.B. 5), Acts of the 88th Legislature, Regular Session, 2023.
SECTION 5. Section 23.03, Tax Code, is amended to read as
follows:
Sec. 23.03. COMPILATION OF LARGE PROPERTIES AND PROPERTIES
SUBJECT TO LIMITATION ON APPRAISED OR TAXABLE VALUE. Each year the
chief appraiser shall compile and send to the Texas Economic
Development and Tourism Office a list of properties in the
appraisal district that in that tax year:
(1) have a market value of $100 million or more;
(2) are subject to a limitation on appraised value
under former Subchapter B or C, Chapter 313; or
(3) are subject to a limitation on taxable value under
former Subchapter T, Chapter 403, Government Code, as added by
Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
Session, 2023.
SECTION 6. Section 26.012(6), Tax Code, is amended to read
as follows:
(6) "Current total value" means the total taxable
value of property listed on the appraisal roll for the current year,
including all appraisal roll supplements and corrections as of the
date of the calculation, less the taxable value of property
exempted for the current tax year for the first time under Section
11.31 or 11.315, except that:
(A) the current total value for a school district
excludes:
(i) the total value of homesteads that
qualify for a tax limitation as provided by Section 11.26;
(ii) new property value of property that is
subject to an agreement entered into under former Subchapter B or C,
Chapter 313; and
(iii) new property value of property that
is subject to an agreement entered into under former Subchapter T,
Chapter 403, Government Code, as added by Chapter 377 (H.B. 5), Acts
of the 88th Legislature, Regular Session, 2023; and
(B) the current total value for a county,
municipality, or junior college district excludes the total value
of homesteads that qualify for a tax limitation provided by Section
11.261.
SECTION 7. Section 171.602(f), Tax Code, is amended to read
as follows:
(f) The comptroller may not issue a credit under this
section before the later of:
(1) the expiration of an agreement under former
Subchapter B or C, Chapter 313, regarding the clean energy project
for which the credit is issued; or
(2) the expiration of an agreement under former
Subchapter T, Chapter 403, Government Code, as added by Chapter 377
(H.B. 5), Acts of the 88th Legislature, Regular Session, 2023,
regarding the clean energy project for which the credit is issued.
SECTION 8. Section 312.0025(a), Tax Code, is amended to
read as follows:
(a) Notwithstanding any other provision of this chapter to
the contrary, the governing body of a school district, in the manner
required for official action and for purposes of former Subchapter
B or C, Chapter 313, of this code or former Subchapter T, Chapter
403, Government Code, as added by Chapter 377 (H.B. 5), Acts of the
88th Legislature, Regular Session, 2023, may designate an area
entirely within the territory of the school district as a
reinvestment zone if the governing body finds that, as a result of
the designation and the granting of a limitation on appraised value
under former Subchapter B or C, Chapter 313, of this code or the
granting of a limitation on taxable value under former Subchapter
T, Chapter 403, Government Code, as added by Chapter 377 (H.B. 5),
Acts of the 88th Legislature, Regular Session, 2023, for property
located in the reinvestment zone, the designation is reasonably
likely to:
(1) contribute to the expansion of primary employment
in the reinvestment zone; or
(2) attract major investment in the reinvestment zone
that would:
(A) be a benefit to property in the reinvestment
zone and to the school district; and
(B) contribute to the economic development of the
region of this state in which the school district is located.
SECTION 9. An agreement limiting the taxable value of
property entered into under Subchapter T, Chapter 403, Government
Code, as added by Chapter 377 (H.B. 5), Acts of the 88th
Legislature, Regular Session, 2023, before the effective date of
this Act continues in effect according to that subchapter as that
subchapter existed immediately before that date, and that law,
including Sections 403.614, 403.616, and 403.622, Government Code,
as added by Chapter 377 (H.B. 5), Acts of the 88th Legislature,
Regular Session, 2023, is continued in effect for purposes of the
agreement.
SECTION 10. This Act takes effect September 1, 2025.