1 | 1 | | 89R1820 DRS-D |
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2 | 2 | | By: Miles, et al. S.B. No. 489 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to a requirement that a person provide or contribute to the |
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10 | 10 | | cost of child care for the person's employees in order to be |
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11 | 11 | | eligible to receive a limitation on the taxable value of the |
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12 | 12 | | person's property for school district maintenance and operations ad |
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13 | 13 | | valorem tax purposes. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Section 403.612, Government Code, is amended by |
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16 | 16 | | amending Subsection (b) and adding Subsection (c-1) to read as |
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17 | 17 | | follows: |
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18 | 18 | | (b) An agreement entered into under this section between the |
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19 | 19 | | governor, a school district, and an applicant pertaining to an |
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20 | 20 | | eligible project shall: |
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21 | 21 | | (1) specify the project to which the agreement |
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22 | 22 | | applies; |
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23 | 23 | | (2) specify the term of the agreement, which must: |
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24 | 24 | | (A) begin on the date the agreement is entered |
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25 | 25 | | into; and |
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26 | 26 | | (B) end on December 31 of the third tax year |
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27 | 27 | | following the end of the incentive period; |
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28 | 28 | | (3) specify the construction and incentive periods for |
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29 | 29 | | the project; |
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30 | 30 | | (4) specify the manner for determining the taxable |
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31 | 31 | | value for school district maintenance and operations ad valorem tax |
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32 | 32 | | purposes during the incentive period under Section 403.605 for the |
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33 | 33 | | eligible property subject to the agreement; |
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34 | 34 | | (5) specify the applicable jobs and investment |
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35 | 35 | | requirements prescribed by Section 403.604 and require the |
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36 | 36 | | applicant to comply with those requirements; |
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37 | 37 | | (6) require that the average annual wage paid to all |
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38 | 38 | | persons employed by the applicant in connection with the project |
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39 | 39 | | used to calculate total jobs exceed 110 percent of the average |
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40 | 40 | | annual wage for all jobs in the applicable industry sector during |
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41 | 41 | | the most recent four quarters for which data is available, as |
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42 | 42 | | computed by the Texas Workforce Commission, with the applicant's |
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43 | 43 | | average annual wage being equal to the quotient of: |
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44 | 44 | | (A) the applicant's total wages paid, other than |
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45 | 45 | | wages paid for construction jobs, as reported under Section |
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46 | 46 | | 403.616(c)(4); and |
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47 | 47 | | (B) the applicant's number of total jobs as |
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48 | 48 | | reported under Section 403.616(c)(3); |
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49 | 49 | | (7) require the applicant to pay a penalty prescribed |
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50 | 50 | | by Section 403.614 if the applicant fails to comply with an |
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51 | 51 | | applicable jobs or wage requirement; |
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52 | 52 | | (8) require the applicant to offer and contribute to a |
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53 | 53 | | group health benefit plan for each employee of the applicant who is |
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54 | 54 | | employed in a full-time job; |
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55 | 55 | | (8-a) subject to Subsection (c-1), require the |
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56 | 56 | | applicant to provide as a benefit of employment for each employee of |
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57 | 57 | | the applicant who is employed in a full-time job at the site of the |
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58 | 58 | | project: |
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59 | 59 | | (A) child care provided by a licensed child-care |
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60 | 60 | | center: |
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61 | 61 | | (i) that is operated on-site by the |
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62 | 62 | | applicant; or |
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63 | 63 | | (ii) with which the applicant enters into a |
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64 | 64 | | contract; or |
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65 | 65 | | (B) payment of not less than 50 percent of the |
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66 | 66 | | employee's costs for child care; |
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67 | 67 | | (9) require the applicant, at the time the applicant |
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68 | 68 | | executes the agreement, to execute a performance bond in an amount |
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69 | 69 | | the comptroller determines to be reasonable and necessary to |
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70 | 70 | | protect the interests of the state and the district and conditioned |
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71 | 71 | | on the applicant's compliance with the terms of the agreement; |
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72 | 72 | | (10) authorize the governor or the district to |
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73 | 73 | | terminate the agreement as provided by Subsection (d); and |
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74 | 74 | | (11) incorporate each relevant provision of this |
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75 | 75 | | subchapter. |
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76 | 76 | | (c-1) This subsection applies to a term described by |
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77 | 77 | | Subsection (b)(8-a). The agreement must require the applicant to |
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78 | 78 | | provide the benefit described by that subsection to eligible |
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79 | 79 | | employees beginning on January 1 of the tax year following the first |
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80 | 80 | | year that a report submitted by the applicant under Section 403.616 |
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81 | 81 | | shows that the number of required jobs created by the project at the |
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82 | 82 | | site of the project is 100 or more. |
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83 | 83 | | SECTION 2. The change in law made by this Act applies only |
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84 | 84 | | to an agreement limiting the taxable value of property entered into |
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85 | 85 | | under Subchapter T, Chapter 403, Government Code, as added by |
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86 | 86 | | Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular |
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87 | 87 | | Session, 2023, on or after the effective date of this Act. An |
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88 | 88 | | agreement limiting the taxable value of property entered into under |
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89 | 89 | | that subchapter before the effective date of this Act is governed by |
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90 | 90 | | the law in effect on the date the agreement was entered into, and |
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91 | 91 | | the former law is continued in effect for that purpose. |
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92 | 92 | | SECTION 3. This Act takes effect September 1, 2025. |
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