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

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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

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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.