Bill Text: TX SB1255 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the Texas Economic Development Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-25 - Left pending in committee [SB1255 Detail]

Download: Texas-2021-SB1255-Introduced.html
  87R11979 SMH-D
 
  By: Birdwell S.B. No. 1255
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Texas Economic Development Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 313.007, Tax Code, is amended to read as
  follows:
         Sec. 313.007.  EXPIRATION.  Subchapters B and C expire
  December 31, 2032 [2022].
         SECTION 2.  Section 313.021(5), Tax Code, is amended to read
  as follows:
               (5)  "County average weekly wage for manufacturing
  jobs" means[:
                     [(A)]  the average weekly wage in a county for
  manufacturing jobs during the most recent four quarterly periods
  for which data is available at the time a person submits an
  application for a limitation on appraised value under this
  subchapter, as computed by the Texas Workforce Commission[; or
                     [(B)  the average weekly wage for manufacturing
  jobs in the region designated for the regional planning commission,
  council of governments, or similar regional planning agency created
  under Chapter 391, Local Government Code, in which the county is
  located during the most recent four quarterly periods for which
  data is available at the time a person submits an application for a
  limitation on appraised value under this subchapter, as computed by
  the Texas Workforce Commission].
         SECTION 3.  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;
               (6) [(7)]  nuclear electric power generation;
               (7) [(8)]  a computer center primarily used in
  connection with one or more activities described by Subdivisions
  (1) through (6) [(7)] conducted by the entity; or
               (8) [(9)]  a Texas priority project.
         SECTION 4.  Section 313.025, Tax Code, is amended by
  amending Subsection (a-1) and adding Subsections (e-1), (e-2), and
  (e-3) to read as follows:
         (a-1)  Within seven days of the receipt of each document, the
  school district shall submit to the comptroller a copy of the
  application and the proposed agreement between the applicant and
  the school district. If the applicant submits an economic analysis
  of the proposed project to the school district, the district shall
  submit a copy of the analysis to the comptroller. In addition, the
  school district shall submit to the comptroller any subsequent
  revision of or amendment to any of those documents within seven days
  of its receipt. [The comptroller shall publish each document
  received from the school district under this subsection on the
  comptroller's Internet website.  If the school district maintains
  a generally accessible Internet website, the district shall provide
  on its website a link to the location of those documents posted on
  the comptroller's website in compliance with this
  subsection.  This subsection does not require the comptroller to
  post information that is confidential under Section 313.028.]
         (e-1)  The governing body of a school district must approve
  or disapprove an application under this subchapter that the
  governing body elects to consider at a regularly scheduled meeting
  of the governing body.
         (e-2)  In addition to any other requirement of law, the
  public notice of a meeting at which the governing body of a school
  district will consider approving an application under this
  subchapter that the governing body elects to consider must contain:
               (1)  the name of the property owner and the name of the
  applicant;
               (2)  the name and location of the reinvestment zone in
  which the qualified property is located;
               (3)  a general description of the qualified investment
  the applicant will make on or in connection with the applicant's
  qualified property; and
               (4)  the estimated amount of the qualified investment
  the applicant will spend or allocate for the project.
         (e-3)  The notice of a meeting required by this section must
  be given in the manner required by Chapter 551, Government Code,
  except that the notice must be provided at least 30 days before the
  scheduled time of the meeting.
         SECTION 5.  Section 313.0265, Tax Code, is amended to read as
  follows:
         Sec. 313.0265.  DATABASE [DISCLOSURE] OF APPRAISED VALUE
  LIMITATION INFORMATION. (a) The comptroller shall create and
  maintain [post] on the comptroller's Internet website a searchable
  database consisting of each document or item of information [the
  comptroller designates as substantive before the 15th day after the
  date the document or item of information was] received or created by
  the comptroller pertaining to[. Each document or item of
  information must continue to be posted until the appraised value
  limitation expires.
         [(b)  The comptroller shall designate the following as
  substantive:
               [(1)]  each application requesting a limitation on
  appraised value[; and
               [(2)  the economic impact evaluation made in connection
  with the application]. This subsection does not require the
  comptroller to include in the database information that is
  confidential under Section 313.028.
         (b) [(c)]  If a school district maintains a generally
  accessible Internet website, the district shall maintain a link on
  its Internet website to the area of the comptroller's Internet
  website where the database [information on each of the district's
  agreements to limit appraised value] is maintained.
         SECTION 6.  Section 313.031, Tax Code, is amended by adding
  Subsection (a-1) and amending Subsection (b) to read as follows:
         (a-1)  The comptroller is not required to adopt forms under
  Subsection (a) by rule.
         (b)  The governing body of a school district by official
  action shall establish reasonable nonrefundable application fees
  to be paid by property owners who apply to the district for a
  limitation on the appraised value of the person's property under
  this subchapter. The amount of an application fee must be
  reasonable and may not exceed the lesser of:
               (1)  the estimated cost to the district of processing
  and acting on an application, including any cost to the school
  district associated with the economic impact evaluation required by
  Section 313.025; or
               (2)  $50,000.
         SECTION 7.  Section 313.032, Tax Code, is amended by adding
  Subsection (e) to read as follows:
         (e)  Notwithstanding Subsection (d), a former recipient is
  not required to submit to the comptroller information pertaining to
  an ad valorem tax year following the final ad valorem tax year
  covered by the agreement, except that the former recipient shall
  submit to the comptroller:
               (1)  the market value of the qualified property of the
  former recipient as determined by the applicable chief appraiser
  for each year in which the owner is required to maintain a viable
  presence in the school district as provided by Section
  313.027(f)(3); and
               (2)  any other information required by the comptroller.
         SECTION 8.  Section 313.024(e)(2), Tax Code, is repealed.
         SECTION 9.  The changes in law made by this Act apply only to
  an agreement entered into under Chapter 313, Tax Code, pursuant to
  an application filed under that chapter on or after the effective
  date of this Act.  An agreement entered into under that chapter
  pursuant to an application filed 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 10.  This Act takes effect September 1, 2021.
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