BILL ANALYSIS


                                                     C.S.S.B. 345
                                                        By: Brown
                                                          Finance
                                                         04-25-95
                                   Committee Report (Substituted)
BACKGROUND

Tax abatements work as an incentive to bring businesses into this
state.  The state auditor recently concluded that tax abatements
have been one of the most successful incentives in affecting
business location decisions.  The Property Redevelopment Tax
Abatement Act expires on September 1, 1995.

PURPOSE

As proposed, C.S.S.B. 345 entitles an eligible person to a refund
of state sales and use taxes and state franchise taxes for taxes
paid on property in a reinvestment zone.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the state comptroller of public accounts under SECTION 1
(Section 111.304(a), Tax Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 111, Tax Code, by adding Subchapter F,
as follows:

        SUBCHAPTER F.  TAX REFUND FOR ECONOMIC DEVELOPMENT

     Sec.  111.301.  REFUND OF STATE TAXES; APPLICATION FOR REFUND. 
     (a) Entitles an eligible person to a refund of state sales and
     use taxes and state franchise taxes paid in a calendar year
     for which the person paid ad valorem taxes to a school
     district for property in that year that meets certain
     criteria.
     
     (b) Prohibits the amount of a refund from exceeding the
       amount of net state sales and  state franchise taxes paid by
       the person, after any applicable tax credit.  Entitles a
       person to a refund for five years or the duration of the tax
       abatement agreement (agreement), whichever is less. 
       Prohibits a person from applying for a refund after the date
       of the cancellation of the agreement or the date of
       relocation of the person's business outside the zone.
       
       (c) Sets forth requirements for a person or business to be
       eligible for the tax refund.
       
       (d) Provides that application for the refund is to the
       comptroller.  Sets forth information that must be included
       in the application.
       
       (e) Requires the comptroller to make a refund in an amount
       equal to 80 percent of the amount shown on the state tax
       refund voucher (voucher) issued to a person under Section
       111.303.  Provides that a refund amount does not earn
       interest.
       
       (f) Requires a person applying for a refund to certify to
       the comptroller that the person complies with each term of
       the agreement entered into with a municipality or county.
       
       (g) Prohibits the comptroller from acting on an application
       until the relevant agreement is on file with the comptroller
       and the Texas Department of Commerce (department).
       
       (h) Prohibits the comptroller from acting on the refund
       application until the person comes into compliance if the
       comptroller determines that the person applying for the
       refund is not in compliance with the agreement.  Requires
       the comptroller to notify the municipality or county of the
       person's noncompliance.
       
       (i) Authorizes the comptroller to grant a person not in
       compliance a temporary waiver if the comptroller determines
       that the person's noncompliance is the result of a natural
       disaster.
       
       (j) Authorizes the comptroller to conduct any audit
       determined necessary for enforcement or administration of
       this subchapter.
       
       Sec.  111.302.  APPLICATION FOR TAX REFUND VOUCHER.  (a)
     Authorizes a person to apply to the comptroller for a voucher.
     
     (b) Sets forth requirements of the application.
       
       Sec.  111.303.  ISSUANCE OF TAX REFUND VOUCHER; AMOUNT OF
     VOUCHER.  (a) Requires the comptroller to issue a voucher for
     a tax year in which the applicant has paid the ad valorem
     taxes imposed by a school district on the person's property.
     
     (b) Requires the voucher, if the person qualifies for the
       voucher, to be issued before the 90th day after the date the
       application is filed with the comptroller.
       
       (c) Provides that the amount of the voucher is equal to the
       portion of the ad valorem taxes paid to a school district by
       the person for the applicable tax year on the property that
       the person would not have been required to pay if the school
       district had entered into an agreement covering the property
       that included the same terms as the applicable municipal or
       county agreement.
       
       Sec.  111.304.  RULES AND FORMS.  (a) Requires the
     comptroller, by rule, to adopt rules and forms for the
     administration of this subchapter.  Requires the rules to
     include a schedule of the state taxes to which this subchapter
     applies.
     
     (b) Requires the comptroller to provide without charge one
       copy of the rules and forms to each person applying for the
       refund.
       
       Sec.  111.305.  EVALUATION; ANNUAL REPORT.  Requires the
     comptroller to submit an annual report to the legislature by
     December 1, 1999, and December 1 of each subsequent year. 
     Sets forth information to be included in the report.
     
     SECTION 2.     Amends Section 312.005(a), Tax Code, to require a taxing
unit that designates a reinvestment zone (zone) or executes an
agreement to deliver to the department and to the comptroller
before a certain date a report providing, among other information,
the guidelines and criteria established for the zone, including
subsequent amendments; a copy of each agreement to which the taxing
unit is a party; and any other information required by the
comptroller.  Deletes language requiring information about the
agreement to be included in the report.

SECTION 3. Amends Section 312.202, Tax Code, to require an area to
be in the judgment of the governing body reasonably likely as a
result of the designation to contribute to the economic development
of the municipality in order to be designated as a zone.  Deletes
language regarding criteria that must be met for an area to be
designated as a zone.

SECTION 4. Amends Section 312.205(a), Tax Code, to require an
agreement under Section 312.204 to contain, among other criteria,
each term agreed to by the owner of the property; require the owner
of the property to certify annually to the governing body of each
taxing unit that the owner is in compliance with each applicable
term of the agreement; and authorize the governing body of the
municipality to cancel or modify the agreement if the property
owner fails to comply with the agreement.

SECTION 5. Amends Section 312.006, Tax Code, to provide that this
chapter expires September 1, 2003, rather than 1995, if not
continued in effect.

SECTION 6. (a) Effective date: September 1, 1995.  Makes
application of this Act prospective beginning September 1,1995.

     (b) Effective date of Section 5: August 31, 1995.
     
     SECTION 7.     Emergency clause.