Bill Text: TX HB2709 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the eligibility of property used for a large data center project for ad valorem tax benefits under the Texas Economic Development Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-05-05 - Considered in Calendars [HB2709 Detail]
Download: Texas-2015-HB2709-Comm_Sub.html
84R19919 CJC-F | |||
By: Geren, Bohac | H.B. No. 2709 | ||
Substitute the following for H.B. No. 2709: | |||
By: Button | C.S.H.B. No. 2709 |
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relating to the eligibility of property used for a large data center | ||
project for ad valorem tax benefits under the Texas Economic | ||
Development Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 313.021(2), Tax Code, is amended to read | ||
as follows: | ||
(2) "Qualified property" means: | ||
(A) land: | ||
(i) that is located in an area designated as | ||
a reinvestment zone under Chapter 311 or 312 or as an enterprise | ||
zone under Chapter 2303, Government Code; | ||
(ii) on which a person proposes to | ||
construct a new building or erect or affix a new improvement that | ||
does not exist before the date the person submits a complete | ||
application for a limitation on appraised value under this | ||
subchapter; | ||
(iii) that is not subject to a tax abatement | ||
agreement entered into by a school district under Chapter 312; and | ||
(iv) on which, in connection with the new | ||
building or new improvement described by Subparagraph (ii), the | ||
owner or lessee of, or the holder of another possessory interest in, | ||
the land proposes to: | ||
(a) make a qualified investment in an | ||
amount equal to at least the minimum amount required by Section | ||
313.023; and | ||
(b) create at least 25 new qualifying | ||
jobs; | ||
(B) the new building or other new improvement | ||
described by Paragraph (A)(ii); and | ||
(C) tangible personal property: | ||
(i) that is not subject to a tax abatement | ||
agreement entered into by a school district under Chapter 312; | ||
(ii) for which a sales and use tax refund is | ||
not claimed under Section 151.3186; and | ||
(iii) except for new equipment described in | ||
Section 151.318(q) or (q-1), that: | ||
(a) is first placed in service in the | ||
new building, in the newly expanded building, or in or on the new | ||
improvement described by Paragraph (A)(ii), or on the land on which | ||
that new building or new improvement is located, if the personal | ||
property is ancillary and necessary to the business conducted in | ||
that new building or in or on that new improvement; or | ||
(b) is first placed in service in the | ||
new building, in the newly expanded building, or in or on the new | ||
improvement described by Paragraph (A)(ii), or on the land on which | ||
that new building or new improvement is located to replace personal | ||
property described by Sub-subparagraph (a) that has a useful life | ||
of less than five years. | ||
SECTION 2. Section 313.024(b), Tax Code, is amended to read | ||
as follows: | ||
(b) To be eligible for a limitation on appraised value under | ||
this subchapter, the entity must use the property for: | ||
(1) manufacturing; | ||
(2) research and development; | ||
(3) a clean coal project, as defined by Section 5.001, | ||
Water Code; | ||
(4) an advanced clean energy project, as defined by | ||
Section 382.003, Health and Safety Code; | ||
(5) renewable energy electric generation; | ||
(6) electric power generation using integrated | ||
gasification combined cycle technology; | ||
(7) nuclear electric power generation; | ||
(8) a computer center primarily used in connection | ||
with one or more activities described by Subdivisions (1) through | ||
(7) conducted by the entity; [ |
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(9) a Texas priority project; or | ||
(10) a large data center project as defined by Section | ||
151.3595. | ||
SECTION 3. 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, 2015. |