By Truan S.B. No. 1510
76R2189 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of a property owner for a tax abatement
1-3 agreement.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 312, Tax Code, is amended
1-6 by adding Section 312.0025 to read as follows:
1-7 Sec. 312.0025. ELIGIBILITY OF PROPERTY OWNER TO PARTICIPATE
1-8 IN TAX ABATEMENT. (a) In this section, "county average weekly
1-9 wage" means the average weekly wage paid by all employers in a
1-10 county that are covered by unemployment compensation insurance as
1-11 determined by the Texas Workforce Commission for the most recent
1-12 period for which data is available.
1-13 (b) A property owner may not enter into a tax abatement
1-14 agreement under this chapter unless all of the full-time employees,
1-15 if any, who will be employed at the real property that is subject
1-16 to the abatement will be paid a wage that is not less than 125
1-17 percent of the county average weekly wage for the county in which
1-18 the real property is located.
1-19 SECTION 2. Section 312.205(a), Tax Code, is amended to read
1-20 as follows:
1-21 (a) An agreement made under Section 312.204 or 312.211 must:
1-22 (1) list the kind, number, and location of all
1-23 proposed improvements of the property;
1-24 (2) provide access to and authorize inspection of the
2-1 property by municipal employees to ensure that the improvements or
2-2 repairs are made according to the specifications and conditions of
2-3 the agreement;
2-4 (3) limit the uses of the property consistent with the
2-5 general purpose of encouraging development or redevelopment of the
2-6 zone during the period that property tax exemptions are in effect;
2-7 (4) require the property owner to maintain eligibility
2-8 under Section 312.0025;
2-9 (5) provide for recapturing property tax revenue lost
2-10 as a result of the agreement if the owner of the property fails to
2-11 maintain eligibility under Section 312.0025 or fails to make the
2-12 improvements or repairs as provided by the agreement;
2-13 (6) [(5)] contain each term agreed to by the owner of
2-14 the property;
2-15 (7) [(6)] require the owner of the property to certify
2-16 annually to the governing body of each taxing unit that the owner
2-17 is in compliance with each applicable term of the agreement; and
2-18 (8) [(7)] provide that the governing body of the
2-19 municipality may cancel or modify the agreement if the property
2-20 owner fails to comply with the agreement.
2-21 SECTION 3. This Act takes effect September 1, 1999, and
2-22 applies only to a tax abatement agreement entered into on or after
2-23 that date.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.