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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Economic Development Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 313.007, Tax Code, is amended to read as |
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follows: |
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Sec. 313.007. EXPIRATION. Subchapters B and C expire |
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December 31, 2032 [2022]. |
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SECTION 2. Section 313.021(5), Tax Code, is amended to read |
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as follows: |
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(5) "County average weekly wage for manufacturing |
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jobs" means[: |
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[(A)] the average weekly wage in a county for |
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manufacturing jobs during the most recent four quarterly periods |
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for which data is available at the time a person submits an |
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application for a limitation on appraised value under this |
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subchapter, as computed by the Texas Workforce Commission[; or |
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[(B) the average weekly wage for manufacturing |
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jobs in the region designated for the regional planning commission, |
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council of governments, or similar regional planning agency created |
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under Chapter 391, Local Government Code, in which the county is |
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located during the most recent four quarterly periods for which |
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data is available at the time a person submits an application for a |
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limitation on appraised value under this subchapter, as computed by |
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the Texas Workforce Commission]. |
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SECTION 3. Section 313.024(b), Tax Code, is amended to read |
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as follows: |
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(b) To be eligible for a limitation on appraised value under |
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this subchapter, the entity must use the property for: |
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(1) manufacturing; |
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(2) research and development; |
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(3) a clean coal project, as defined by Section 5.001, |
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Water Code; |
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(4) an advanced clean energy project, as defined by |
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Section 382.003, Health and Safety Code; |
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(5) [renewable energy electric generation; |
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[(6)] electric power generation using integrated |
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gasification combined cycle technology; |
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(6) [(7)] nuclear electric power generation; |
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(7) [(8)] a computer center primarily used in |
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connection with one or more activities described by Subdivisions |
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(1) through (6) [(7)] conducted by the entity; or |
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(8) [(9)] a Texas priority project. |
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SECTION 4. Section 313.025, Tax Code, is amended by |
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amending Subsection (a-1) and adding Subsections (e-1), (e-2), and |
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(e-3) to read as follows: |
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(a-1) Within seven days of the receipt of each document, the |
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school district shall submit to the comptroller a copy of the |
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application and the proposed agreement between the applicant and |
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the school district. If the applicant submits an economic analysis |
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of the proposed project to the school district, the district shall |
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submit a copy of the analysis to the comptroller. In addition, the |
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school district shall submit to the comptroller any subsequent |
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revision of or amendment to any of those documents within seven days |
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of its receipt. [The comptroller shall publish each document |
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received from the school district under this subsection on the |
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comptroller's Internet website. If the school district maintains |
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a generally accessible Internet website, the district shall provide |
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on its website a link to the location of those documents posted on |
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the comptroller's website in compliance with this |
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subsection. This subsection does not require the comptroller to |
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post information that is confidential under Section 313.028.] |
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(e-1) The governing body of a school district must approve |
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or disapprove an application under this subchapter that the |
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governing body elects to consider at a regularly scheduled meeting |
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of the governing body. |
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(e-2) In addition to any other requirement of law, the |
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public notice of a meeting at which the governing body of a school |
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district will consider approving an application under this |
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subchapter that the governing body elects to consider must contain: |
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(1) the name of the property owner and the name of the |
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applicant; |
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(2) the name and location of the reinvestment zone in |
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which the qualified property is located; |
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(3) a general description of the qualified investment |
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the applicant will make on or in connection with the applicant's |
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qualified property; and |
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(4) the estimated amount of the qualified investment |
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the applicant will spend or allocate for the project. |
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(e-3) The notice of a meeting required by this section must |
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be given in the manner required by Chapter 551, Government Code, |
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except that the notice must be provided at least 30 days before the |
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scheduled time of the meeting. |
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SECTION 5. Section 313.0265, Tax Code, is amended to read as |
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follows: |
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Sec. 313.0265. DATABASE [DISCLOSURE] OF APPRAISED VALUE |
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LIMITATION INFORMATION. (a) The comptroller shall create and |
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maintain [post] on the comptroller's Internet website a searchable |
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database consisting of each document or item of information [the |
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comptroller designates as substantive before the 15th day after the |
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date the document or item of information was] received or created by |
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the comptroller pertaining to[. Each document or item of |
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information must continue to be posted until the appraised value |
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limitation expires. |
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[(b) The comptroller shall designate the following as |
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substantive: |
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[(1)] each application requesting a limitation on |
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appraised value[; and |
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[(2) the economic impact evaluation made in connection |
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with the application]. This subsection does not require the |
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comptroller to include in the database information that is |
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confidential under Section 313.028. |
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(b) [(c)] If a school district maintains a generally |
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accessible Internet website, the district shall maintain a link on |
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its Internet website to the area of the comptroller's Internet |
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website where the database [information on each of the district's |
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agreements to limit appraised value] is maintained. |
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SECTION 6. Section 313.031, Tax Code, is amended by adding |
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Subsection (a-1) and amending Subsection (b) to read as follows: |
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(a-1) The comptroller is not required to adopt forms under |
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Subsection (a) by rule. |
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(b) The governing body of a school district by official |
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action shall establish reasonable nonrefundable application fees |
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to be paid by property owners who apply to the district for a |
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limitation on the appraised value of the person's property under |
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this subchapter. The amount of an application fee must be |
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reasonable and may not exceed the lesser of: |
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(1) the estimated cost to the district of processing |
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and acting on an application, including any cost to the school |
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district associated with the economic impact evaluation required by |
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Section 313.025; or |
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(2) $50,000. |
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SECTION 7. Section 313.032, Tax Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) Notwithstanding Subsection (d), a former recipient is |
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not required to submit to the comptroller information pertaining to |
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an ad valorem tax year following the final ad valorem tax year |
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covered by the agreement, except that the former recipient shall |
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submit to the comptroller: |
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(1) the market value of the qualified property of the |
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former recipient as determined by the applicable chief appraiser |
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for each year in which the owner is required to maintain a viable |
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presence in the school district as provided by Section |
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313.027(f)(3); and |
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(2) any other information required by the comptroller. |
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SECTION 8. Section 313.024(e)(2), Tax Code, is repealed. |
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SECTION 9. The changes in law made by this Act apply only to |
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an agreement entered into under Chapter 313, Tax Code, pursuant to |
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an application filed under that chapter on or after the effective |
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date of this Act. An agreement entered into under that chapter |
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pursuant to an application filed before the effective date of this |
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Act is governed by the law in effect on the date the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2021. |