Texas 2025 - 89th Regular

Texas Senate Bill SB489 Compare Versions

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11 89R1820 DRS-D
22 By: Miles, et al. S.B. No. 489
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a requirement that a person provide or contribute to the
1010 cost of child care for the person's employees in order to be
1111 eligible to receive a limitation on the taxable value of the
1212 person's property for school district maintenance and operations ad
1313 valorem tax purposes.
1414 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1515 SECTION 1. Section 403.612, Government Code, is amended by
1616 amending Subsection (b) and adding Subsection (c-1) to read as
1717 follows:
1818 (b) An agreement entered into under this section between the
1919 governor, a school district, and an applicant pertaining to an
2020 eligible project shall:
2121 (1) specify the project to which the agreement
2222 applies;
2323 (2) specify the term of the agreement, which must:
2424 (A) begin on the date the agreement is entered
2525 into; and
2626 (B) end on December 31 of the third tax year
2727 following the end of the incentive period;
2828 (3) specify the construction and incentive periods for
2929 the project;
3030 (4) specify the manner for determining the taxable
3131 value for school district maintenance and operations ad valorem tax
3232 purposes during the incentive period under Section 403.605 for the
3333 eligible property subject to the agreement;
3434 (5) specify the applicable jobs and investment
3535 requirements prescribed by Section 403.604 and require the
3636 applicant to comply with those requirements;
3737 (6) require that the average annual wage paid to all
3838 persons employed by the applicant in connection with the project
3939 used to calculate total jobs exceed 110 percent of the average
4040 annual wage for all jobs in the applicable industry sector during
4141 the most recent four quarters for which data is available, as
4242 computed by the Texas Workforce Commission, with the applicant's
4343 average annual wage being equal to the quotient of:
4444 (A) the applicant's total wages paid, other than
4545 wages paid for construction jobs, as reported under Section
4646 403.616(c)(4); and
4747 (B) the applicant's number of total jobs as
4848 reported under Section 403.616(c)(3);
4949 (7) require the applicant to pay a penalty prescribed
5050 by Section 403.614 if the applicant fails to comply with an
5151 applicable jobs or wage requirement;
5252 (8) require the applicant to offer and contribute to a
5353 group health benefit plan for each employee of the applicant who is
5454 employed in a full-time job;
5555 (8-a) subject to Subsection (c-1), require the
5656 applicant to provide as a benefit of employment for each employee of
5757 the applicant who is employed in a full-time job at the site of the
5858 project:
5959 (A) child care provided by a licensed child-care
6060 center:
6161 (i) that is operated on-site by the
6262 applicant; or
6363 (ii) with which the applicant enters into a
6464 contract; or
6565 (B) payment of not less than 50 percent of the
6666 employee's costs for child care;
6767 (9) require the applicant, at the time the applicant
6868 executes the agreement, to execute a performance bond in an amount
6969 the comptroller determines to be reasonable and necessary to
7070 protect the interests of the state and the district and conditioned
7171 on the applicant's compliance with the terms of the agreement;
7272 (10) authorize the governor or the district to
7373 terminate the agreement as provided by Subsection (d); and
7474 (11) incorporate each relevant provision of this
7575 subchapter.
7676 (c-1) This subsection applies to a term described by
7777 Subsection (b)(8-a). The agreement must require the applicant to
7878 provide the benefit described by that subsection to eligible
7979 employees beginning on January 1 of the tax year following the first
8080 year that a report submitted by the applicant under Section 403.616
8181 shows that the number of required jobs created by the project at the
8282 site of the project is 100 or more.
8383 SECTION 2. The change in law made by this Act applies only
8484 to an agreement limiting the taxable value of property entered into
8585 under Subchapter T, Chapter 403, Government Code, as added by
8686 Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
8787 Session, 2023, on or after the effective date of this Act. An
8888 agreement limiting the taxable value of property entered into under
8989 that subchapter before the effective date of this Act is governed by
9090 the law in effect on the date the agreement was entered into, and
9191 the former law is continued in effect for that purpose.
9292 SECTION 3. This Act takes effect September 1, 2025.