Bill Text: TX SB1688 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to requirements for a qualified business participating in the enterprise zone program during a certain period.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Natural Resources & Economic Development [SB1688 Detail]
Download: Texas-2023-SB1688-Introduced.html
| 88R7854 SRA-F | ||
| By: Birdwell | S.B. No. 1688 | |
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| relating to requirements for a qualified business participating in | ||
| the enterprise zone program during a certain period. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter F, Chapter 2303, Government Code, is | ||
| amended by adding Section 2303.499 to read as follows: | ||
| Sec. 2303.499. CERTAIN REQUIREMENTS WAIVED DURING COVID | ||
| RELIEF PERIOD. (a) In this section, "COVID relief period" means | ||
| the period beginning March 1, 2020, and ending December 31, 2021. | ||
| (b) Notwithstanding Section 2303.003(7)(C) or any other | ||
| law, the requirement that an employee perform at least 50 percent of | ||
| the person's service for the business at the qualified business | ||
| site to be a "qualified employee" is waived for an annual | ||
| certification or job retention period that includes the COVID | ||
| relief period. | ||
| (c) A qualified business in compliance with this chapter | ||
| before the COVID relief period that is eligible for a waiver under | ||
| Subsection (b) may elect to withdraw its project or activity from | ||
| designation as an enterprise project by December 31, 2023. A | ||
| qualified business that withdraws its enterprise project | ||
| designation under this subsection is considered eligible for any | ||
| refund of state taxes under Section 2303.504 approved for the COVID | ||
| relief period, notwithstanding the requirements for meeting the | ||
| definition of a new permanent job under Section 2303.401(1)(C) or a | ||
| retained job under Section 2303.401(2)(C). | ||
| (d) This section expires December 31, 2030. | ||
| SECTION 2. Section 151.429, Tax Code, is amended by adding | ||
| Subsection (g-1) to read as follows: | ||
| (g-1) The comptroller shall waive the requirements of | ||
| Subsection (g) for a qualified business that did not meet the | ||
| requirement that a qualified employee perform at least 50 percent | ||
| of the person's service for the business at the qualified business | ||
| site, as defined by Section 2303.003, at any time during the period | ||
| beginning March 1, 2020, and ending December 31, 2021. This | ||
| subsection expires December 31, 2030. | ||
| SECTION 3. Section 2303.499, Government Code, and Section | ||
| 151.429(g-1), Tax Code, as added by this Act, apply to any audit by | ||
| the comptroller of whether an enterprise project is eligible for a | ||
| tax refund under Section 151.429, Tax Code, that is not finally | ||
| completed before the effective date of this Act. | ||
| SECTION 4. 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, 2023. | ||
