Bill Text: TX HB2826 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the eligibility of certain property located in multiple school districts for a limitation on appraised value for school district maintenance and operations ad valorem tax purposes under the Texas Economic Development Act.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Vetoed) 2015-06-20 - Vetoed by the Governor [HB2826 Detail]
Download: Texas-2015-HB2826-Enrolled.html
| H.B. No. 2826 | ||
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| relating to the eligibility of certain property located in multiple | ||
| school districts for a limitation on appraised value for school | ||
| district maintenance and operations ad valorem tax purposes under | ||
| the Texas Economic Development Act. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 313, Tax Code, is amended | ||
| by adding Section 313.0255 to read as follows: | ||
| Sec. 313.0255. PROJECT LOCATED IN MULTIPLE SCHOOL | ||
| DISTRICTS. (a) This section applies only to a single unified | ||
| project that is located in more than one but not more than three | ||
| school districts, each of which is contiguous to another school | ||
| district in which the projec | ||
| t is located and at least one of which | ||
| is a school district to which this subchapter applies. | ||
| (b) Except as otherwise provided by this section, the | ||
| provisions of this subchapter applicable to a project that is | ||
| located in only one school district apply to a project to which this | ||
| section applies, including the provisions governing the | ||
| application and approval process. This section does not affect the | ||
| requirement that each school district from which the applicant | ||
| desires a limitation on appraised value of the applicant's property | ||
| for school district maintenance and operations ad valorem tax | ||
| purposes enter into an agreement with the applicant under Section | ||
| 313.027 in order for the applicant to receive a limitation from that | ||
| school district. Except as otherwise provided by this section, this | ||
| section does not affect the terms of an agreement between the | ||
| applicant and a school district under Section 313.027 as prescribed | ||
| by that section. | ||
| (c) For purposes of determining the required minimum amount | ||
| of a qualified investment under Section 313.021(2)(A)(iv)(a) and | ||
| the minimum amount of a limitation on appraised value under Section | ||
| 313.027(b), a project is considered to be located in the school | ||
| district in which the project is located that has the highest | ||
| taxable value of property for the preceding tax year as determined | ||
| under Subchapter M, Chapter 403, Government Code. | ||
| (d) The minimum amount of the limitation on appraised value | ||
| to which a school district may agree under Section 313.027(b) is | ||
| equal to the amount specified by that subsection for the applicable | ||
| category of school district as determined in accordance with | ||
| Subsection (c) of this section multiplied by a fraction the | ||
| numerator of which is the amount of qualified investment made in the | ||
| school district in connection with the project and the denominator | ||
| of which is the total amount of qualified investment made in | ||
| connection with the project. | ||
| (e) In determining whether property on which a project is | ||
| located meets the requirements of Section 313.024 for eligibility | ||
| for a limitation on appraised value under this subchapter, the | ||
| comptroller shall consider whether the project as a whole would | ||
| meet those requirements were the project located at one site in a | ||
| single school district. | ||
| SECTION 2. Section 313.032(c), Tax Code, is amended to read | ||
| as follows: | ||
| (c) The portion of the report described by Subsection (a)(2) | ||
| must be based on data certified to the comptroller by each recipient | ||
| or former recipient of a limitation on appraised value under this | ||
| chapter. The comptroller shall verify a random sample of the data | ||
| submitted under this section using information from the Texas | ||
| Workforce Commission, the chief appraiser of the applicable | ||
| appraisal district, or other sources the comptroller considers | ||
| reliable. The random sample used to verify data under this section | ||
| must constitute not less than 33 percent of the data used by the | ||
| comptroller to prepare the report. Information provided under this | ||
| section that contains personal identifying information of an | ||
| individual is confidential and not subject to disclosure under | ||
| Chapter 552, Government Code, or Chapter 111, Tax Code. | ||
| SECTION 3. Subchapter C, Chapter 313, Tax Code, is amended | ||
| by adding Section 313.055 to read as follows: | ||
| Sec. 313.055. PROJECT LOCATED IN MULTIPLE SCHOOL DISTRICTS. | ||
| Section 313.0255 applies to a single unified project that is | ||
| located in more than one school district but not more than three | ||
| school districts, each of which is contiguous to another school | ||
| district in which the project is located and is a school district to | ||
| which this subchapter applies, in the same manner as that section | ||
| applies to a project described by Section 313.0255(a), except that | ||
| for purposes of Section 313.0255(c) the project is considered to be | ||
| located in the school district in which the project is located that | ||
| has the highest taxable value of industrial property for the | ||
| preceding tax year as determined under Subchapter M, Chapter 403, | ||
| Government Code. | ||
| SECTION 4. This Act applies only to an application filed | ||
| under Chapter 313, Tax Code, on or after the effective date of this | ||
| Act. An application filed under that chapter before the effective | ||
| date of this Act is governed by the law in effect on the date the | ||
| application was filed, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2826 was passed by the House on May 5, | ||
| 2015, by the following vote: Yeas 131, Nays 12, 3 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2826 on May 29, 2015, by the following vote: Yeas 139, Nays 4, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2826 was passed by the Senate, with | ||
| amendments, on May 26, 2015, by the following vote: Yeas 19, Nays | ||
| 12. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
