JJG C.S.H.B. 2001 75(R)BILL ANALYSIS


ECONOMIC DEVELOPMENT
C.S.H.B. 2001
By: Oliveira
4-15-97
Committee Report (Substituted)



BACKGROUND 

 The Texas Enterprise Zone Program allows the state and cities to 
provide financial, 
infrastructure and tax incentives to business which locate and 
create or retain jobs in designated 
areas.  Communities can nominate economically distressed or 
blighted areas for zone designation, 
and those areas qualifying are designated as enterprise zones by 
the Department of Commerce. 
Communities are allowed a maximum of three enterprise zones.
 According to Texas Enterprise Zone Program Cost-Benefit Analysis: 
Fiscal Year 1996, 
57,085 jobs and nearly $7.3 billion in capital investments have 
been created in enterprise zones since 
1988.  State and local incentive costs have been $324.4 million.  
Businesses designated as enterprise 
projects are eligible for state incentives.  Since 1988, these 
businesses have created 6,511 jobs, 154.8 
million in capital investment with $20 million in state 
incentives.
 Department of Commerce rules allow any community four project 
designations.  If two of 
the four designations score in the top 25 percent of all projects 
the community can be eligible for up 
to 2 bonus projects.  The Department can designate up to 65 
enterprise projects in a biennium, and 
state benefits paid to businesses cannot exceed $8 million in a 
biennium.

PURPOSE

This bill makes changes in the enterprise zone program to allow 
for a more effective and efficient 
attainment of economic development goals.  It adds requirements 
for governmental entities 
nominating enterprise zones; adds a written agreement as a means 
by which a county or municipality 
can extend additional incentives for businesses in an enterprise 
zone; extends the current cap on the 
number of projects that may be designated in a biennium to the 
next two biennia; changes and adds 
to the requirements a business must meet to be designated as 
enterprise projects; amends language 
by which an enterprise project can request a reduction in utility 
rate; expands the list of purchases 
eligible for a tax refund; changes the amount of refund from 
$2,000 to $2,500 that an enterprise 
project qualifies for with each new permanent job or retained 
job; deletes the Legislative Budget 
Board as an entity to which the Texas Department of Commerce must 
certify that the required level 
of qualified employees have been maintained by an enterprise 
project receiving a refund; clarifies 
which entities may apply for tax refunds and removes the 
Legislative Budget Board from this 
application process.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly 
grant any additional rulemaking 
authority to a state officer, department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 2303.052 (d), Government Code, by 
changing the date on which the 
department must submit a report to the Legislative Budget Board 
from December 1 
to December 15 of each year.

SECTION 2.Amends Section 2303.0525 (a), Government Code, by 
changing the date on which 
the department shall prepare a cost-benefit analysis of the 
enterprise zone program 
from December 1 to December 15.

SECTION 3.Amends Section 2303.104 (b) and (c), Government Code.  
Subsection (b) is amended 
to require that  three incentives summarized under Subsection (a) 
3  must not apply 
throughout the governmental  entity or entities nominating the 
area as an enterprise 
zone.  

SECTION 4.Amends Section 2303.401, Government Code by renumbering 
and adding a 
definition. In (2) of this subchapter, "retained job" is defined 
as a job that existed 
with a qualified business before designation as an enterprise 
project and  has 
provided employment of at least 1,820 hours annually to a 
qualified employee.  A 
"retained job" is also intended to be employment retained during 
the time the 
business is designated as an enterprise project in accordance 
with Chapter 151, Tax 
Code.  

SECTION 5.Amends Section 2303.403, Government Code, by applying 
the restriction on the 
number of businesses that may be designated as enterprise 
projects to the biennium 
beginning September 1, 1997 or September 1, 1999, instead of 
applying the 
restriction to any biennium.  States that the department may 
withhold up to five 
project slots from designation. 

SECTION 6.Amends Sections 2303.406(a), Government Code, by adding 
and changing 
requirements a business must meet before the department may 
designate the business 
as an enterprise project. Subsection (a)(1)  is renumbered and 
adds the requirement 
that in order for a business to be designated as an enterprise  
project, the department 
must determine the business has made a commitment to create at 
least 10 jobs if the 
company is locating in an enterprise zone with a community 
population equal to or 
less than 50,000, or 25 jobs, if the company is locating in an 
enterprise zone with a 
community population of more than 50,000. Amends Sec. 2303.406(b) 
by  adding 
the requirement that the department shall establish a minimum 
scoring threshold 
which must be met by a qualified business applying for a project 
designation.  This 
subsection changes the weighted scale the department  uses to 
make its designation 
decisions.  35 percent, instead of 50 percent, of the evaluation 
depends on economic 
distress. 20 percent, instead of 25 percent, of the evaluation 
depends on local public 
effort used for the project to achieve development and 
revitalization of the enterprise 
zone.  20 percent, instead of 25 percent, of the evaluation 
depends on the level of 
cooperation and support the project applicant commits to the 
revitalization goals of 
the zone.  Adds that 10 percent of the evaluation depends on the 
amount of capital 
investment.  15 percent of the evaluation depends on the type and 
wage level in 
relation to the prevailing wage for that occupation in the local 
labor market area of 
the jobs to be created or retained by the business.

SECTION 7.Amends Section 2303.407, Government Code.  Changes from 
625 to 500 one 
limitation on the  maximum number of new permanent jobs or 
retained jobs eligible 
to be included in a computation of a tax refund for the project.
 
SECTION 8.Amends Section 2303.511(b) so that businesses in an 
enterprise zone may receive a 
reduction in utility rates compared to rates "allowable for that 
customer class" as 
opposed to the current comparison to other customers located in 
the enterprise zone.

SECTION 9.Amends Sections 151.429(a), (b) and (g), Tax Code.  
Subsection (a) adds equipment 
and machinery repairs and rentals to the list of purchases for 
which an enterprise 
project may receive a tax refund.  Subsection (b) changes from 
$2,000 to $2,500 the 
amount of the tax refund an enterprise project qualifies for; the 
refund is for each new 
permanent job or job that has been retained by the enterprise 
project for a qualified 
employee.  Subsection (g) deletes the Legislative Budget Board as 
an entity to which 
the Texas Department of Commerce must certify whether  the 
required level of 
employment of qualified employees has been maintained by an 
enterprise project 
receiving a refund.

SECTION 10.Amends Section 171.1015 (g), Tax Code.  Subsection (g) 
replaces "qualified 
businesses" with "enterprise projects".  States that only 
enterprise projects that have 
been certified to the comptroller by the Texas Department of 
Commerce as eligible 
for a tax deduction under this section may apply for the tax 
deduction.

SECTION 11.Repeals Section 2303.110(d), Government Code, which 
placed limitations on the 
amending of zone boundaries.

SECTION 12.States that enterprise projects designated after 
August 31, 1997 may not receive a tax 
refund or reduction before September 1, 1999, and the projects 
designated after 
August 31, 1999 may not receive a tax refund or reduction before 
September 1, 2001. 
Also states that no more than $8 million per biennium in taxes 
may be refunded 
during a biennium beginning September 1, 1997, September 1, 1999, 
or September 
1, 2001.

SECTION 13.Effective date.

SECTION 14.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2001 eliminates the reduction in time for which an enteprise 
zone may be designated from 
seven to five years as proposed by HB 2001.

CSHB 2001 eliminates changes made to the number of projects and 
bonus projects a community may 
receive in a biennium as proposed by HB 2001.

CSHB 2001 changes the changes in weights for scoring enterprise 
projects as proposed by HB 2001. 
The following table shows compares the weights showing current 
law; changes as proposed by HB 
2001, and changes proposed under CSHB 2001.





Weights by Scoring Category



Weights
Current Law
H.B. 2001
C.S.H.B. 
2001
Economic Distress
50%
20%
35%
Public Effort
25%
20%
20%
Private 
Effort
40%*
40%
20%
Capital Investment**
N/A
N/A
10%
Job Type and Wage*
N/A
20%
15%*Private Effort and Job Type and Wage are one category 
under current law.
**Capital Investment is a new category.


CSHB 2001 adds a new section to amend Sec. 2303.511(b) Government 
Code, so that businesses 
in an enterprise zone may receive a reduction in utility rates 
compared to rates "allowable for that 
customer class" as opposed to the current comparision to other 
customers located in the enterprise 
zone.

CSHB 2001 adds amendments Sec. 151.429(a) to add equipment and 
machinery repairs and rentals 
to the list of purchases for which an enterprise project may 
receive a tax refund.

CSHB 2001 does not repeal Sec. 171.501, Tax Code, as proposed by 
HB 2001.  Sec. 171.501 is a 
one-time refund of franchise taxes for qualified businesses in