S.B. No. 1340

AN ACT

relating to the local development agreement database maintained by the comptroller of public accounts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 403.0246(a)(2), Government Code, is amended to read as follows:

(2) "Local development agreement" means:

(A) an agreement entered into by a municipality under Section 380.001 or 380.002, Local Government Code;

(B) an agreement entered into by a county under Section 381.004, Local Government Code; [or]

(C) an agreement entered into by a local government under Chapter 312, Tax Code; or

(D) any other agreement to grant or otherwise commit public money or other resources for economic development purposes by a local government under Chapter 380 or 381, Local Government Code.

SECTION 2. Section 403.0246, Government Code, is amended by amending Subsections (b) and (c) and adding Subsection (h) to read as follows:

(b) The comptroller shall create and make accessible on the Internet a consolidated searchable data tool [database], to be known as the Local Development [Chapter 380 and 381] Agreement Database, that contains information regarding all local development agreements in this state.

(c) For each local development agreement described by Subsection (b), the database must include:

(1) the name of the local government that entered into the agreement;

(2) a numerical code assigned to the local government by the comptroller;

(3) the address of the local government's administrative offices and public contact information;

(4) the name of the appropriate officer or other person representing the local government and that person's contact information;

(5) the name and contact information of any entity or the entity's agent that entered into the agreement with the local government, including the business address and any assumed names of the entity;

(6) the date on which the agreement went into effect and the date and terms on which the agreement expires;

(7) the focus or scope of the agreement;

(8) an electronic copy of the agreement; [and]

(9) the name and contact information of the individual reporting the information to the comptroller;

(10) the total monetary value of the agreement; and

(11) the source of the money used or type of tax implicated by the agreement, including a sales and use tax, ad valorem tax, or hotel occupancy tax.

(h) The comptroller may prescribe the form and manner in which a local government must submit information under Subsection (c).

SECTION 3. Subchapter A, Chapter 312, Tax Code, is amended by adding Section 312.008 to read as follows:

Sec. 312.008. INTERNET LINK TO AGREEMENT. A taxing unit that maintains an Internet website and that executes a tax abatement agreement under this chapter shall provide on the website a direct link to the location of the agreement information published on the comptroller's Internet website under Section 403.0246, Government Code.

SECTION 4. The changes in law made by this Act apply only to an agreement entered into on or after the effective date of this Act. An agreement entered into before the effective date of this Act is governed by the law in effect on the date the agreement is entered into, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect January 1, 2024.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 1340 passed the Senate on April 20, 2023, by the following vote: Yeas 29, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 1340 passed the House on May 18, 2023, by the following vote: Yeas 147, Nays 0, one present not voting.

______________________________ Chief Clerk of the House

Approved:

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Date

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Governor