Bill Text: TX HB2493 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to authorizing enterprise project half designations and quarter designations under the enterprise zone program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-16 - Referred to Economic Development [HB2493 Detail]
Download: Texas-2011-HB2493-Engrossed.html
By: Torres, et al. | H.B. No. 2493 |
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relating to authorizing enterprise project half designations and | ||
quarter designations under the enterprise zone program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2303.401, Government Code, is amended by | ||
adding Subdivisions (3), (4), and (5) to read as follows: | ||
(3) "Full enterprise project" means an enterprise | ||
project that is allocated more than 250 jobs for benefit. | ||
(4) "Half enterprise project" means an enterprise | ||
project that is allocated at least 126 jobs but not more than 250 | ||
jobs for benefit and is considered to be one-half of a full | ||
enterprise project designation for purposes of this subchapter. | ||
(5) "Quarter enterprise project" means an enterprise | ||
project that is allocated not more than 125 jobs for benefit and is | ||
considered to be one-quarter of a full enterprise project | ||
designation for purposes of this subchapter. | ||
SECTION 2. Section 2303.403, Government Code, is amended to | ||
read as follows: | ||
Sec. 2303.403. PROHIBITION ON QUALIFIED BUSINESS | ||
CERTIFICATION; LIMIT ON ENTERPRISE PROJECT DESIGNATIONS. (a) If | ||
the bank determines that the governing body eligible to nominate an | ||
enterprise project is not complying with this chapter, the bank | ||
shall prohibit the certification of a qualified business until the | ||
bank determines that the governing body is complying with this | ||
chapter. | ||
(b) The bank may not designate more than 105 enterprise | ||
projects during any biennium. Any designations remaining at the | ||
end of a biennium may be carried forward to the next biennium. | ||
(c) For purposes of Subsection (b): | ||
(1) a full enterprise project uses one of the bank's | ||
designations; | ||
(2) a half enterprise project uses one-half of one of | ||
the bank's designations; and | ||
(3) a quarter enterprise project uses one-quarter of | ||
one of the bank's designations. | ||
SECTION 3. Sections 2303.406(d) and (f), Government Code, | ||
are amended to read as follows: | ||
(d) The maximum number of enterprise projects that the bank | ||
may designate for each nominating body during any biennium is: | ||
(1) six full enterprise projects, if the nominating | ||
body is the governing body of a municipality or county with a | ||
population of less than 250,000; or | ||
(2) nine full enterprise projects, if the nominating | ||
body is the governing body of a municipality or county with a | ||
population of 250,000 or more. | ||
(f) An approved designation as a double jumbo enterprise | ||
project, as defined by Section 2303.407, counts as two full | ||
enterprise project designations against both the nominating body | ||
for purposes of Subsection (d) and the number of enterprise project | ||
designations allowed statewide per biennium under Section | ||
2303.403. An approved designation as a triple jumbo enterprise | ||
project, as defined by Section 2303.407, counts as three full | ||
enterprise project designations against both the nominating body | ||
for purposes of Subsection (d) and the number of enterprise project | ||
designations allowed statewide per biennium under Section | ||
2303.403. | ||
SECTION 4. Section 2303.4071, Government Code, is amended | ||
by adding Subsection (e) to read as follows: | ||
(e) A double jumbo or triple jumbo enterprise project may be | ||
split into four half designations or four quarter designations, and | ||
the maximum tax refunds for the project divided accordingly. | ||
SECTION 5. Section 2303.407, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (e) to read as | ||
follows: | ||
(b) A capital investment in a project of: | ||
(1) $40,000 to $399,999 will result in a refund of up | ||
to $2,500 per job with a maximum refund of $25,000 for the creation | ||
or retention of 10 jobs; | ||
(2) $400,000 to $999,999 will result in a refund of up | ||
to $2,500 per job with a maximum refund of $62,500 for the creation | ||
or retention of 25 jobs; | ||
(3) $1,000,000 to $4,999,999 will result in a refund | ||
of up to $2,500 per job with a maximum refund of $312,500 for the | ||
creation or retention of 125 jobs; | ||
(4) $5,000,000 to $149,999,999 will result in a refund | ||
of up to $2,500 per job with a maximum refund of: | ||
(A) $625,000 for the creation or retention of 250 | ||
jobs; or | ||
(B) $1,250,000 for the creation or retention of | ||
500 jobs; | ||
(5) if the bank designates the project as a double | ||
jumbo enterprise project, $150,000,000 to $249,999,999 will | ||
result in a refund of up to $5,000 per job with a maximum refund of: | ||
(A) $1,250,000 for the creation or retention of | ||
250 jobs; or | ||
(B) $2,500,000 for the creation or retention of | ||
500 jobs [ |
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(6) if the bank designates the project as a triple | ||
jumbo enterprise project, $250,000,000 or more will result in a | ||
refund of up to $7,500 per job with a maximum refund of: | ||
(A) $1,875,000 for the creation or retention of | ||
at least 250 jobs; or | ||
(B) $3,750,000 for the creation or retention of | ||
at least 500 jobs [ |
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(e) The maximum tax refund for a half enterprise project or | ||
a quarter enterprise project shall be reduced proportionally. | ||
SECTION 6. Section 151.429, Tax Code, is amended by | ||
amending Subsection (b) and adding Subsection (k) to read as | ||
follows: | ||
(b) Subject to the limitations provided by Subsection (c) of | ||
this section, an enterprise project qualifies for a refund of taxes | ||
under this section based on the amount of capital investment made at | ||
the qualified business site, the project's designation level, and | ||
the refund per job with a maximum refund to be included in a | ||
computation of a tax refund for the project. A capital investment | ||
at the qualified business site of: | ||
(1) $40,000 to $399,999 will result in a refund of up | ||
to $2,500 per job with a maximum refund of $25,000 for the creation | ||
or retention of 10 jobs; | ||
(2) $400,000 to $999,999 will result in a refund of up | ||
to $2,500 per job with a maximum refund of $62,500 for the creation | ||
or retention of 25 jobs; | ||
(3) $1,000,000 to $4,999,999 will result in a refund | ||
of up to $2,500 per job with a maximum refund of $312,500 for the | ||
creation or retention of 125 jobs; | ||
(4) $5,000,000 to $149,999,999 will result in a refund | ||
of up to $2,500 per job with a maximum refund of: | ||
(A) $625,000 for the creation or retention of 250 | ||
jobs; or | ||
(B) $1,250,000 for the creation or retention of | ||
500 jobs; | ||
(5) if the Texas Economic Development Bank designates | ||
the project as a double jumbo enterprise project, $150,000,000 to | ||
$249,999,999 will result in a refund of up to $5,000 per job with a | ||
maximum refund of: | ||
(A) $1,250,000 for the creation or retention of | ||
250 jobs; or | ||
(B) $2,500,000 for the creation or retention of | ||
500 jobs [ |
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(6) if the Texas Economic Development Bank designates | ||
the project as a triple jumbo enterprise project, $250,000,000 or | ||
more will result in a refund of up to $7,500 per job with a maximum | ||
refund of: | ||
(A) $1,875,000 for the creation or retention of | ||
at least 250 jobs; or | ||
(B) $3,750,000 for the creation or retention of | ||
at least 500 jobs [ |
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(k) The maximum tax refund for a half enterprise project or | ||
a quarter enterprise project shall be reduced proportionally. In | ||
this subsection, "half enterprise project" and "quarter enterprise | ||
project" have the meanings assigned by Section 2303.401, Government | ||
Code. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |