1-1                                   AN ACT
 1-2     relating to the enactment of the Texas Economic Development Act,
 1-3     authorizing certain ad valorem tax incentives for economic
 1-4     development, including authorizing school districts to provide tax
 1-5     relief for certain corporations and limited liability companies
 1-6     that make large investments that create jobs in this state, to
 1-7     authorizing the imposition of certain impact fees, and to
 1-8     continuing the Property Redevelopment and Tax Abatement Act.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1. Subtitle B, Title 3, Tax Code, is amended by
1-11     adding Chapter 313 to read as follows:
1-12                CHAPTER 313.  TEXAS ECONOMIC DEVELOPMENT ACT
1-13                      SUBCHAPTER A. GENERAL PROVISIONS
1-14           Sec. 313.001.  SHORT TITLE. This chapter may be cited as the
1-15     Texas Economic Development Act.
1-16           Sec. 313.002.  FINDINGS. The legislature finds that:
1-17                 (1)  many states have enacted aggressive economic
1-18     development laws designed to attract large employers, create jobs,
1-19     and strengthen their economies;
1-20                 (2)  the State of Texas has slipped in its national
1-21     ranking each year between 1993 and 2000 in terms of attracting
1-22     major new manufacturing facilities to this state;
1-23                 (3)  a significant portion of the Texas economy
1-24     continues to be based in the manufacturing industry, and the
 2-1     continued growth and overall health of the manufacturing sector
 2-2     serves the Texas economy well;
 2-3                 (4)  without a vibrant, strong manufacturing sector,
 2-4     other sectors of the economy, especially the state's service
 2-5     sector, will also suffer adverse consequences; and
 2-6                 (5)  the current property tax system of this state does
 2-7     not favor capital-intensive businesses such as manufacturers.
 2-8           Sec. 313.003.  PURPOSES. The purposes of this chapter are
 2-9     to:
2-10                 (1)  encourage large-scale capital investments in this
2-11     state, especially in school districts that have an ad valorem tax
2-12     base that is less than the statewide average ad valorem tax base of
2-13     school districts in this state;
2-14                 (2)  create new, high-paying jobs in this state;
2-15                 (3)  attract to this state new, large-scale businesses
2-16     that are exploring opportunities to locate in other states or other
2-17     countries;
2-18                 (4)  enable local government officials and economic
2-19     development professionals to compete with other states by
2-20     authorizing economic development incentives that meet or exceed
2-21     incentives being offered to prospective employers by other states
2-22     and to provide local officials with an effective means to attract
2-23     large-scale investment;
2-24                 (5)  strengthen and improve the overall performance of
2-25     the economy of this state;
2-26                 (6)  expand and enlarge the ad valorem property tax
2-27     base of this state; and
 3-1                 (7)  enhance this  state's economic development efforts
 3-2     by providing school districts with an effective local economic
 3-3     development option.
 3-4           Sec. 313.004.  LEGISLATIVE INTENT. It is the intent of the
 3-5     legislature in enacting this chapter that:
 3-6                 (1)  economic development decisions should occur at the
 3-7     local level and be consistent with identifiable statewide economic
 3-8     development goals;
 3-9                 (2)  this chapter should not be construed or
3-10     interpreted to allow:
3-11                       (A)  property owners to pool investments to
3-12     create sufficiently large investments to qualify for an ad valorem
3-13     tax benefit or financial benefit provided by this chapter;
3-14                       (B)  an applicant for an ad valorem tax benefit
3-15     or financial benefit provided by this chapter to assert that jobs
3-16     will be eliminated if certain investments are not made if the
3-17     assertion is not true; or
3-18                       (C)  a sole proprietorship, partnership, or
3-19     limited liability partnership to receive an ad valorem tax benefit
3-20     or financial benefit  provided by this chapter; and
3-21                 (3)  in implementing this chapter, school districts
3-22     should:
3-23                       (A)  strictly interpret the criteria and
3-24     selection guidelines provided by this chapter; and
3-25                       (B)  approve only those applications for an ad
3-26     valorem tax benefit or financial benefit provided by this chapter
3-27     that:
 4-1                             (i)  enhance the local community;
 4-2                             (ii)  improve the local public education
 4-3     system;
 4-4                             (iii)  create high-paying jobs; and
 4-5                             (iv)  advance the economic development
 4-6     goals of this state as identified by the Texas Strategic Economic
 4-7     Development Planning Commission.
 4-8           Sec. 313.005.  DEFINITIONS. Unless this chapter defines a
 4-9     word or phrase used in this chapter, Section 1.04 or any other
4-10     section of Title 1 or this title that defines the word or phrase or
4-11     ascribes a meaning to the word or phrase applies to the word or
4-12     phrase used in this chapter.
4-13           Sec. 313.006.  IMPOSITION OF IMPACT FEE. (a)  In this
4-14     section, "impact fee" means a charge or assessment imposed against
4-15     a qualified property, as defined by Section 313.021, in order to
4-16     generate revenue for funding or recouping the costs of capital
4-17     improvements or facility expansions for water, wastewater, or storm
4-18     water services or for roads necessitated by or attributable to
4-19     property that receives a limitation on appraised value under this
4-20     chapter.
4-21           (b)  Notwithstanding any other law, including Chapter 395,
4-22     Local Government Code, a municipality or county may impose and
4-23     collect from the owner of a qualified property a reasonable impact
4-24     fee under this section to pay for the cost of providing
4-25     improvements associated with or attributable to property that
4-26     receives a limitation on appraised value under this chapter.
4-27           Sec. 313.007.  EXPIRATION. Subchapters B, C, and D expire
 5-1     December 31, 2007.
 5-2              (Sections 313.008-313.020 reserved for expansion)
 5-3           SUBCHAPTER B.  LIMITATION ON APPRAISED VALUE OF CERTAIN
 5-4                        PROPERTY USED TO CREATE JOBS
 5-5           Sec. 313.021.  DEFINITIONS. In this subchapter:
 5-6                 (1)  "Qualified investment" means:
 5-7                       (A)  tangible personal property that is first
 5-8     placed in service in this state during the applicable qualifying
 5-9     time period that begins on or after January 1, 2002, and is
5-10     described as Section 1245 property by Section 1245(a), Internal
5-11     Revenue Code of 1986;
5-12                       (B)  tangible personal property that is first
5-13     placed in service in this state during the applicable qualifying
5-14     time period that begins on or after January 1, 2002, without regard
5-15     to whether the property is affixed to or incorporated into real
5-16     property, and that is used in connection with the manufacturing,
5-17     processing, or fabrication in a cleanroom environment of a
5-18     semiconductor product, without regard to whether the property is
5-19     actually located in the cleanroom environment, including:
5-20                             (i)  integrated systems, fixtures, and
5-21     piping;
5-22                             (ii)  all property necessary or adapted to
5-23     reduce contamination or to control airflow, temperature, humidity,
5-24     chemical purity, or other environmental conditions or manufacturing
5-25     tolerances; and
5-26                             (iii)  production equipment and machinery,
5-27     moveable cleanroom partitions, and cleanroom lighting; or
 6-1                       (C)  a building or a permanent, nonremovable
 6-2     component of a building that is built or constructed during the
 6-3     applicable qualifying time period that begins on or after January
 6-4     1, 2002, and that houses tangible personal property described by
 6-5     Paragraph (A) or (B).
 6-6                 (2)  "Qualified property" means:
 6-7                       (A)  land:
 6-8                             (i)  that is located in an area designated
 6-9     as a reinvestment zone under Chapter 311 or 312 or as an enterprise
6-10     zone under Chapter 2303, Government Code;
6-11                             (ii)  on which a person proposes to
6-12     construct a new building or erect or affix a new improvement that
6-13     does not exist before the date the owner applies for a limitation
6-14     on appraised value under this subchapter;
6-15                             (iii)  that is not subject to a tax
6-16     abatement agreement entered into by a school district under Chapter
6-17     312; and
6-18                             (iv)  on which, in connection with the new
6-19     building or new improvement described by Subparagraph (ii), the
6-20     owner of the land proposes to:
6-21                                   (a)  make a qualified investment in
6-22     an amount equal to at least the minimum amount required by Section
6-23     313.023; and
6-24                                   (b)  create at least 25 new jobs;
6-25                       (B)  the new building or other new improvement
6-26     described by Paragraph (A)(ii); and
6-27                       (C)  tangible personal property that:
 7-1                             (i)  is not subject to a tax abatement
 7-2     agreement entered into by a school district under Chapter 312; and
 7-3                             (ii)  except for new equipment described in
 7-4     Section 151.318(q), is first placed in service in the new building
 7-5     or in or on the new improvement described by Paragraph (A)(ii), or
 7-6     on the land on which that new building or new improvement is
 7-7     located, if the personal property is ancillary and necessary to the
 7-8     business conducted in that new building or in or on that new
 7-9     improvement.
7-10                 (3)  "Qualifying job" means a permanent full-time job
7-11     that:
7-12                       (A)  requires at least 1,600 hours of work a
7-13     year;
7-14                       (B)  is not transferred from one area in this
7-15     state to another area in this state;
7-16                       (C)  is not created to replace a previous
7-17     employee;
7-18                       (D)  is covered by a group health benefit plan,
7-19     as defined by Section 481.151, Government Code, for which the
7-20     business offers to pay at least 80 percent of the premiums or other
7-21     charges assessed for employee-only coverage under the plan,
7-22     regardless of whether an employee may voluntarily waive the
7-23     coverage; and
7-24                       (E)  pays at least 110 percent of the county
7-25     average weekly wage for manufacturing jobs in the county where the
7-26     job is located.
7-27                 (4)  "Qualifying time period" means the first two tax
 8-1     years that begin on or after the date a person's application for a
 8-2     limitation on appraised value under this subchapter is approved.
 8-3                 (5)  "County average weekly wage for manufacturing
 8-4     jobs" means the average weekly wage in a county for manufacturing
 8-5     jobs as computed by the Texas Workforce Commission.
 8-6           Sec. 313.022.  APPLICABILITY; CATEGORIZATION OF SCHOOL
 8-7     DISTRICTS. (a)  This subchapter applies to each school district in
 8-8     this state other than a school district to which Subchapter C
 8-9     applies.
8-10           (b)  For purposes of determining the required minimum amount
8-11     of a qualified investment under Section 313.021(2)(A)(iv)(a), and
8-12     the minimum amount of a limitation on appraised value under Section
8-13     313.027(b), school districts to which this subchapter applies are
8-14     categorized according to the taxable value of property in the
8-15     district for the preceding tax year determined under Subchapter M,
8-16     Chapter 403, Government Code, as follows:
8-17          CATEGORY                TAXABLE VALUE OF PROPERTY
8-18             I          $10 billion or more
8-19            II          $1 billion or more but less than $10 billion
8-20           III          $500 million or more but less than $1 billion
8-21            IV          $100 million or more but less than $500 million
8-22             V          less than $100 million
8-23           Sec. 313.023.  MINIMUM AMOUNTS OF QUALIFIED INVESTMENT. For
8-24     each category of school district established by Section 313.022,
8-25     the minimum amount of a qualified investment under Section
8-26     313.021(2)(A)(iv)(a) is as follows:
8-27          CATEGORY                   MINIMUM QUALIFIED INVESTMENT
 9-1             I                               $100 million
 9-2            II                               $80 million
 9-3           III                               $60 million
 9-4            IV                               $40 million
 9-5             V                               $20 million
 9-6           Sec. 313.024.  ELIGIBLE PROPERTY. (a)  This subchapter and
 9-7     Subchapters C and D apply only to property owned by a corporation
 9-8     or limited liability company to which Section 171.001 applies.
 9-9           (b)  To be eligible for a limitation on appraised value under
9-10     this subchapter, the corporation or limited liability company must
9-11     use the property in connection with:
9-12                 (1)  manufacturing;
9-13                 (2)  research and development; or
9-14                 (3)  renewable energy electric generation.
9-15           (c)  For purposes of determining an applicant's eligibility
9-16     for a limitation under this subchapter:
9-17                 (1)  the land on which a building or component of a
9-18     building described by Section 313.021(1)(C) is located is not
9-19     considered a qualified investment;
9-20                 (2)  property that is leased under a capitalized lease
9-21     may be considered a qualified investment;
9-22                 (3)  property that is leased under an operating lease
9-23     may not be considered a qualified investment; and
9-24                 (4)  property that is owned by a person other than the
9-25     applicant and that is pooled or proposed to be pooled with property
9-26     owned by the applicant may not be included in determining the
9-27     amount of the applicant's qualifying investment.
 10-1          (d)  To be eligible for a limitation on appraised value under
 10-2    this subchapter, at least 80 percent of all the new jobs created by
 10-3    the property owner must be qualifying jobs as defined by Section
 10-4    313.021(3).
 10-5          (e)  In this section:
 10-6                (1)  "Manufacturing" and "research and development"
 10-7    have the meanings assigned by Section 171.751.
 10-8                (2)  "Renewable energy electric generation" means an
 10-9    establishment primarily engaged in activities described in category
10-10    221119 of the 1997 North American Industry Classification System.
10-11          Sec. 313.025.  APPLICATION; ACTION ON APPLICATION. (a)  The
10-12    owner of qualified property may apply to the governing body of the
10-13    school district in which the property is located for a limitation
10-14    on the appraised value for school district maintenance and
10-15    operations ad valorem tax purposes of the person's qualified
10-16    property.  An application must be made on the form prescribed by
10-17    the comptroller and include the information required by the
10-18    comptroller, and it must be accompanied by:
10-19                (1)  the application fee established by the governing
10-20    body of the school district;
10-21                (2)  information sufficient to show that the real and
10-22    personal property identified in the application as qualified
10-23    property meets the applicable criteria established by Section
10-24    313.021(2); and
10-25                (3)  information relating to each applicable criterion
10-26    listed in Section 313.026.
10-27          (b)  The governing body of a school district is not required
 11-1    to consider an application for a limitation on appraised value that
 11-2    is filed with the governing body under Subsection (a).  If the
 11-3    governing body of the school district does elect to consider an
 11-4    application, the governing body shall engage a third person to
 11-5    conduct an economic impact evaluation of the application on behalf
 11-6    of the school district and approve or disapprove an application
 11-7    before the 121st day after the date the application is filed,
 11-8    unless an extension is agreed to by the governing body and the
 11-9    applicant.
11-10          (c)  In determining whether to grant an application, the
11-11    governing body of the school district is entitled to request and
11-12    receive assistance from:
11-13                (1)  the comptroller;
11-14                (2)  the Texas Department of Economic Development;
11-15                (3)  the Council on Workforce and Economic
11-16    Competitiveness; and
11-17                (4)  the Texas Workforce Commission.
11-18          (d)  On receipt of an application under this section that the
11-19    governing body elects to consider, the school district shall
11-20    deliver one copy of the application to the comptroller.  Before the
11-21    61st day after the date the copy of the application is received,
11-22    the comptroller, using the criteria listed in Section 313.026,
11-23    shall submit a recommendation to the governing body of the school
11-24    district as to whether the application should be approved or
11-25    disapproved.
11-26          (e)  Before approving or disapproving an application under
11-27    this subchapter that the governing body elects to consider, the
 12-1    governing body of the school district must make a written finding
 12-2    as to each criterion listed in Section 313.026. The governing body
 12-3    shall deliver a copy of those findings to the applicant.
 12-4          (f)  The governing body may approve an application only if
 12-5    the governing body finds that the information in the application is
 12-6    true and correct, finds that the applicant is eligible for the
 12-7    limitation on the appraised value of the person's qualified
 12-8    property, and determines that granting the application is in the
 12-9    best interest of the school district and this state.
12-10          Sec. 313.026.  ECONOMIC IMPACT EVALUATION. The economic
12-11    impact evaluation of the application must include the following:
12-12                (1)  the recommendations of the comptroller;
12-13                (2)  the relationship between the applicant's industry
12-14    and the types of qualifying jobs to be created by the applicant to
12-15    the long-term economic growth plans of this state as described in
12-16    the strategic plan for economic development submitted by the Texas
12-17    Strategic Economic Development Planning Commission under Section
12-18    481.033, Government Code, as that section existed before February
12-19    1, 1999;
12-20                (3)  the relative level of the applicant's investment
12-21    per qualifying job to be created by the applicant;
12-22                (4)  the wages, salaries, and benefits to be offered by
12-23    the applicant to qualifying job holders;
12-24                (5)  the ability of the applicant to locate or relocate
12-25    in another state or another region of this state;
12-26                (6)  the impact the added infrastructure will have on
12-27    the region, including:
 13-1                      (A)  revenue gains that would be realized by the
 13-2    school district; and
 13-3                      (B)  subsequent economic effects on the local and
 13-4    regional tax bases;
 13-5                (7)  the economic condition of the region of the state
 13-6    at the time the person's application is being considered;
 13-7                (8)  the number of new facilities built or expanded in
 13-8    the region during the two years preceding the date of the
 13-9    application that were eligible to apply for a limitation on
13-10    appraised value under this subchapter; and
13-11                (9)  the effect of the applicant's proposal, if
13-12    approved, on the number or size of the school district's
13-13    instructional facilities, as defined by Section 46.001, Education
13-14    Code.
13-15          Sec. 313.027.  LIMITATION ON APPRAISED VALUE; AGREEMENT. (a)
13-16    If the person's application is approved by the governing body of
13-17    the school district, for each of the first eight tax years that
13-18    begin after the applicable qualifying time period, the appraised
13-19    value for school district maintenance and operations ad valorem tax
13-20    purposes of the person's qualified property as described in the
13-21    agreement between the person and the district entered into under
13-22    this section in the school district may not exceed the lesser of:
13-23                (1)  the market value of the property; or
13-24                (2)  subject to Subsection (b), the amount agreed to by
13-25    the governing body of the school district.
13-26          (b)  The amount agreed to by the governing body of a school
13-27    district under Subsection (a)(2) must be an amount in accordance
 14-1    with the following, according to the category established by
 14-2    Section 313.022 to which the school district belongs:
 14-3         CATEGORY                   MINIMUM AMOUNT OF LIMITATION
 14-4            I                               $100 million
 14-5           II                               $80 million
 14-6          III                               $60 million
 14-7           IV                               $40 million
 14-8            V                               $20 million
 14-9          (c)  The limitation amounts listed in Subsection (b) are
14-10    minimum amounts.  A school district, regardless of category, may
14-11    agree to a greater amount than those amounts.
14-12          (d)  The governing body of the school district and the
14-13    property owner shall enter into a written agreement for the
14-14    implementation of the limitation on appraised value under this
14-15    subchapter on the owner's qualified property.
14-16          (e)  The agreement must describe with specificity the
14-17    qualified investment that the person will make on or in connection
14-18    with the person's qualified property that is subject to the
14-19    limitation on appraised value under this subchapter.  Other
14-20    property of the person that is not specifically described in the
14-21    agreement is not subject to the limitation unless the governing
14-22    body of the school district, by official action, provides that the
14-23    other property is subject to the limitation.
14-24          (f)  In addition, the agreement:
14-25                (1)  must incorporate each relevant provision of this
14-26    subchapter and, to the extent necessary, include provisions for the
14-27    protection of future school district revenues through the
 15-1    adjustment of the minimum valuations, the payment of revenue
 15-2    offsets, and other mechanisms agreed to by the property owner and
 15-3    the school district;
 15-4                (2)  must require the property owner to maintain a
 15-5    viable presence in the school district for at least three years
 15-6    after the date the limitation on appraised value of the owner's
 15-7    property expires;
 15-8                (3)  must provide for the termination of the agreement,
 15-9    the recapture of ad valorem tax revenue lost as a result of the
15-10    agreement if the owner of the property fails to comply with the
15-11    terms of the agreement, and payment of a penalty or interest, or
15-12    both, on that recaptured ad valorem tax revenue;
15-13                (4)  may specify any conditions the occurrence of which
15-14    will require the district and the property owner to renegotiate all
15-15    or any part of the agreement; and
15-16                (5)  must specify the ad valorem tax years covered by
15-17    the agreement.
15-18          (g)  When appraising a person's qualified property subject to
15-19    a limitation on appraised value under this section, the chief
15-20    appraiser shall determine the market value of the property and
15-21    include both the market value and the appropriate value under
15-22    Subsection (a) in the appraisal records.
15-23          Sec. 313.028.  CERTAIN BUSINESS INFORMATION CONFIDENTIAL.
15-24    Information provided to a school district in connection with an
15-25    application for a limitation on appraised value under this
15-26    subchapter that describes the specific processes or business
15-27    activities to be conducted or the specific tangible personal
 16-1    property to be located on real property covered by the application
 16-2    is confidential and not subject to public disclosure unless the
 16-3    governing body of the school district approves the application.
 16-4    Information in the custody of a school district if the governing
 16-5    body approves the application is not confidential under this
 16-6    section.
 16-7          Sec. 313.029.  TAX RATE LIMITATION. If the governing body of
 16-8    a school district grants an application for a limitation on
 16-9    appraised value under this subchapter, for each of the first two
16-10    tax years that begins after the date the application is approved,
16-11    the governing body of the school district may not adopt a tax rate
16-12    that exceeds the school district's rollback tax rate under Section
16-13    26.08 for that year.  If, in any tax year in which a restriction on
16-14    the school district's tax rate under this section is in effect, the
16-15    governing body approves a subsequent application for a limitation
16-16    on appraised value under this section, the restriction on the
16-17    school district's tax rate is extended until the first tax year
16-18    that begins after the second anniversary of the date the subsequent
16-19    application is approved.
16-20          Sec. 313.030.  PROPERTY NOT ELIGIBLE FOR TAX ABATEMENT.
16-21    Property subject to a limitation on appraised value in a tax year
16-22    under this subchapter is not eligible for tax abatement by a school
16-23    district under Chapter 312 in that tax year.
16-24          Sec. 313.031.  RULES AND FORMS; FEES. (a)  The comptroller
16-25    shall:
16-26                (1)  adopt rules and forms necessary for the
16-27    implementation and administration of this chapter, including rules
 17-1    for determining whether a property owner's property qualifies as a
 17-2    qualified investment under Section 313.021(1); and
 17-3                (2)  provide without charge one copy of the rules and
 17-4    forms to any school district and to any person who states that the
 17-5    person intends to apply for a limitation on appraised value under
 17-6    this subchapter or a tax credit under Subchapter D.
 17-7          (b)  The governing body of a school district by official
 17-8    action shall establish reasonable nonrefundable application fees to
 17-9    be paid by property owners who apply to the district for a
17-10    limitation on the appraised value of the person's property under
17-11    this subchapter.  The amount of an application fee must be
17-12    reasonable and may not exceed the estimated cost to the district of
17-13    processing and acting on an application, including the cost of the
17-14    economic impact evaluation required by Sections 313.025 and
17-15    313.026.
17-16             (Sections 313.032-313.050 reserved for expansion
17-17         SUBCHAPTER C.  LIMITATION ON APPRAISED VALUE OF PROPERTY
17-18                     IN CERTAIN RURAL SCHOOL DISTRICTS
17-19          Sec. 313.051.  APPLICABILITY. (a)  This subchapter applies
17-20    only to a school district that has territory in a strategic
17-21    investment area, as defined by Section 171.721, Tax Code, or in a
17-22    county:
17-23                (1)  that has a population of less than 50,000;
17-24                (2)  that is not partially or wholly located in a
17-25    metropolitan statistical area; and
17-26                (3)  in which, from 1990 to 2000, according to the
17-27    federal decennial census, the population:
 18-1                      (A)  remained the same;
 18-2                      (B)  decreased; or
 18-3                      (C)  increased, but at a rate of not more than
 18-4    three percent per annum.
 18-5          (b)  The governing body of a school district to which this
 18-6    subchapter applies may enter into an agreement in the same manner
 18-7    as a school district to which Subchapter B applies may do so under
 18-8    Subchapter B, subject to Sections 313.052-313.054.  Except as
 18-9    otherwise provided by this subchapter, the provisions of Subchapter
18-10    B apply to a school district to which this subchapter applies.  For
18-11    purposes of this subchapter, a property owner is required to create
18-12    only at least 10 new jobs on the owner's qualified property.  At
18-13    least 80 percent of all the new jobs created must be qualifying
18-14    jobs as defined by Section 313.021(3).
18-15          Sec. 313.052.  CATEGORIZATION OF SCHOOL DISTRICTS. For
18-16    purposes of determining the required minimum amount of a qualified
18-17    investment under Section 313.021(2)(A)(iv)(a) and the minimum
18-18    amount of a limitation on appraised value under this subchapter,
18-19    school districts to which this subchapter applies are categorized
18-20    according to the taxable value of industrial property in the
18-21    district for the preceding tax year determined under Subchapter M,
18-22    Chapter 403, Government Code, as follows:
18-23         CATEGORY      TAXABLE VALUE OF INDUSTRIAL PROPERTY
18-24            I          $200 million or more
18-25           II          $90 million or more but less than $200 million
18-26          III          $1 million or more but less than $90 million
18-27           IV          $100,000 or more but less than $1 million
 19-1            V          less than $100,000
 19-2          Sec. 313.053.  MINIMUM AMOUNTS OF QUALIFIED INVESTMENT. For
 19-3    each category of school district established by Section 313.052,
 19-4    the minimum amount of a qualified investment under Section
 19-5    313.021(2)(A)(iv)(a) is as follows:
 19-6         CATEGORY                   MINIMUM QUALIFIED INVESTMENT
 19-7            I                               $30 million
 19-8           II                               $20 million
 19-9          III                               $10 million
19-10           IV                               $5 million 
19-11            V                               $1 million 
19-12          Sec. 313.054.  LIMITATION ON APPRAISED VALUE. (a)  For a
19-13    school district to which this subchapter applies, the amount agreed
19-14    to by the governing body of the district under Section
19-15    313.027(a)(2) must be an amount in accordance with the following,
19-16    according to the category established by Section 313.052 to which
19-17    the school district belongs:
19-18         CATEGORY                   MINIMUM AMOUNT OF LIMITATION
19-19            I                               $30 million
19-20           II                               $20 million
19-21          III                               $10 million
19-22           IV                               $5 million 
19-23            V                               $1 million 
19-24          (b)  The limitation amounts listed in Subsection (a) are
19-25    minimum amounts.  A school district, regardless of category, may
19-26    agree to a greater amount than those amounts.
19-27             (Sections 313.055-313.100 reserved for expansion
 20-1                     SUBCHAPTER D.  SCHOOL TAX CREDITS
 20-2          Sec. 313.101.  DEFINITION.  In this subchapter, "qualifying
 20-3    time period" has the meaning assigned by Section 313.021.
 20-4          Sec. 313.102.  ELIGIBILITY FOR TAX CREDIT; AMOUNT OF CREDIT.
 20-5    (a)  In addition to the limitation on the appraised value of the
 20-6    person's qualified property under Subchapter B or C, a person is
 20-7    entitled to a tax credit from the school district that approved the
 20-8    limitation in an amount equal to the amount of ad valorem taxes
 20-9    paid to that school district that were imposed on the portion of
20-10    the appraised value of the qualified property that exceeds the
20-11    amount of the limitation agreed to by the governing body of the
20-12    school district under Section 313.027(a)(2) in each year in the
20-13    applicable qualifying time period.
20-14          (b)  If the person relocates the person's business outside
20-15    the school district, the person is not entitled to the credit in or
20-16    after the year in which the relocation occurs.
20-17          Sec. 313.103.  APPLICATION.  An application for a tax credit
20-18    under this subchapter must be made to the governing body of the
20-19    school district to which the ad valorem taxes were paid.  The
20-20    application must be:
20-21                (1)  made on the form prescribed for that purpose by
20-22    the comptroller and verified by the applicant;
20-23                (2)  accompanied by:
20-24                      (A)  a tax receipt from the collector of taxes
20-25    for the school district showing full payment of school district ad
20-26    valorem taxes on the qualified property for the applicable
20-27    qualifying time period; and
 21-1                      (B)  any other document or information that the
 21-2    comptroller or the governing body considers necessary for a
 21-3    determination of the applicant's eligibility for the credit or the
 21-4    amount of the credit; and
 21-5                (3)  filed before September 1 of the year immediately
 21-6    following the applicable qualifying time period.
 21-7          Sec. 313.104.  ACTION ON APPLICATION; GRANT OF CREDIT.
 21-8    Before the 90th day after the date the application for a tax credit
 21-9    is filed, the governing body of the school district shall:
21-10                (1)  determine the person's eligibility for a tax
21-11    credit under this subchapter; and
21-12                (2)  if the person's application is approved, by order
21-13    or resolution direct the collector of taxes for the school
21-14    district:
21-15                      (A)  in the second and subsequent six tax years
21-16    that begin after the date the application is approved, to credit
21-17    against the taxes imposed on the qualified property by the district
21-18    in that year an amount equal to one-seventh of the total amount of
21-19    tax credit to which the person is entitled under Section 313.102,
21-20    except that the amount of a credit granted in any of those tax
21-21    years may not exceed 50 percent of the total amount of ad valorem
21-22    school taxes imposed on the qualified property by the school
21-23    district in that tax year; and
21-24                      (B)  in the first tax year that begins on or
21-25    after the date the person's eligibility for the limitation under
21-26    Subchapter B or C expires, to credit against the taxes imposed on
21-27    the qualified property by the district an amount equal to the
 22-1    portion of the total amount of tax credit to which the person is
 22-2    entitled under Section 313.102 that was not credited against the
 22-3    person's taxes under Paragraph (A) in a tax year covered by
 22-4    Paragraph (A), except that the amount of a tax credit granted under
 22-5    this paragraph in any tax year may not exceed the total amount of
 22-6    ad valorem school taxes imposed on the qualified property by the
 22-7    school district in that tax year.
 22-8          Sec. 313.105.  REMEDY FOR ERRONEOUS CREDIT.  (a)  If the
 22-9    comptroller and the governing body of a school district determine
22-10    that a person who received a tax credit under this subchapter for
22-11    any reason was not entitled to the credit received or was entitled
22-12    to a lesser amount of credit than the amount of the credit
22-13    received, an additional tax is imposed on the qualified property
22-14    equal to the full credit or the amount of the credit to which the
22-15    person was not entitled, as applicable, plus interest at an annual
22-16    rate of seven percent calculated from the date the credit was
22-17    issued.
22-18          (b)  A tax lien attaches to the qualified property in favor
22-19    of the school district to secure payment by the person of the
22-20    additional tax and interest imposed by this section and any
22-21    penalties incurred.  A person delinquent in the payment of an
22-22    additional tax under this section may not submit a subsequent
22-23    application or receive a tax credit under this subchapter in a
22-24    subsequent year.
22-25             (Sections 313.106-313.170 reserved for expansion
22-26          SUBCHAPTER E.  AVAILABILITY OF TAX CREDIT AFTER PROGRAM
22-27                                  EXPIRES
 23-1          Sec. 313.171.  SAVING PROVISIONS.  (a)  A limitation on
 23-2    appraised value approved under Subchapter B or C before the
 23-3    expiration of that subchapter continues in effect according to that
 23-4    subchapter as that subchapter existed immediately before its
 23-5    expiration, and that law is continued in effect for purposes of the
 23-6    limitation on appraised value.
 23-7          (b)  The expiration of Subchapter D does not affect a
 23-8    property owner's entitlement to a tax credit granted under
 23-9    Subchapter D if the property owner qualified for the tax credit
23-10    before the expiration of Subchapter D.
23-11          SECTION 2. Subchapter A, Chapter 23, Tax Code, is amended by
23-12    adding Section 23.03 to read as follows:
23-13          Sec. 23.03.  COMPILATION OF LARGE PROPERTIES AND PROPERTIES
23-14    SUBJECT TO LIMITATION ON APPRAISED VALUE. Each year the chief
23-15    appraiser shall compile and send to the Texas Department of
23-16    Economic Development a list of properties in the appraisal district
23-17    that in that tax year:
23-18                (1)  have a market value of $100 million or more; or
23-19                (2)  are subject to a limitation on appraised value
23-20    under Chapter 313.
23-21          SECTION 3. Section 26.012(6), Tax Code, is amended to read as
23-22    follows:
23-23                (6)  "Current total value" means the total taxable
23-24    value of property listed on the appraisal roll for the current
23-25    year, including all appraisal roll supplements and corrections as
23-26    of the date of the calculation, less the taxable value of property
23-27    exempted for the current tax year for the first time under Section
 24-1    11.31, except that the current total value for a school district
 24-2    excludes:
 24-3                      (A)  the total value of homesteads that qualify
 24-4    for a tax limitation as provided by Section 11.26; and
 24-5                      (B)  new property value of property that is
 24-6    subject to an agreement entered into under Chapter 313.
 24-7          SECTION 4. Subchapter A, Chapter 312, Tax Code, is amended by
 24-8    adding Section 312.0025 to read as follows:
 24-9          Sec. 312.0025.  DESIGNATION OF REINVESTMENT ZONE BY SCHOOL
24-10    DISTRICT.  (a)  Notwithstanding any other provision of this chapter
24-11    to the contrary, the governing body of a school district, in the
24-12    manner required for official action and for purposes of Subchapter
24-13    B or C, Chapter 313, may designate an area entirely within the
24-14    territory of the school district as a reinvestment zone if the
24-15    governing body finds that, as a result of the designation and the
24-16    granting of a limitation on appraised value under Subchapter B or
24-17    C, Chapter 313, for property located in the reinvestment zone, the
24-18    designation is reasonably likely to:
24-19                (1)  contribute to the expansion of primary employment
24-20    in the reinvestment zone; or
24-21                (2)  attract major investment in the reinvestment zone
24-22    that would:
24-23                      (A)  be a benefit to property in the reinvestment
24-24    zone and to the school district; and
24-25                      (B)  contribute to the economic development of
24-26    the region of this state in which the school district is located.
24-27          (b)  The governing body of the school district may seek the
 25-1    recommendation of the commissioners court of each county and the
 25-2    governing body of each municipality that has territory in the
 25-3    school district before designating an area as a reinvestment zone
 25-4    under Subsection (a).
 25-5          SECTION 5. Section 312.006, Tax Code, is amended to read as
 25-6    follows:
 25-7          Sec. 312.006.  EXPIRATION DATE.  If not continued in effect,
 25-8    this chapter expires September 1, 2005 [2001].
 25-9          SECTION 6. Subchapter E, Chapter 42, Education Code, is
25-10    amended by adding Section 42.2515 to read as follows:
25-11          Sec. 42.2515.  ADDITIONAL STATE AID FOR AD VALOREM TAX
25-12    CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT.  (a)  For each school
25-13    year, a school district, including a school district that is
25-14    otherwise ineligible for state aid under this chapter, is entitled
25-15    to state aid in an amount equal to the amount of all tax credits
25-16    credited against ad valorem taxes of the district in that year
25-17    under Subchapter D, Chapter 313, Tax Code.
25-18          (b)  The commissioner may adopt rules to implement and
25-19    administer this section.
25-20          SECTION 7. Section 403.302(d), Government Code, is amended to
25-21    read as follows:
25-22          (d)  For the purposes of this section, "taxable value" means
25-23    the market value of all taxable property less:
25-24                (1)  the total dollar amount of any residence homestead
25-25    exemptions lawfully granted under Section 11.13(b) or (c), Tax
25-26    Code, in the year that is the subject of the study for each school
25-27    district;
 26-1                (2)  one-half of the total dollar amount of any
 26-2    residence homestead exemptions granted under Section 11.13(n), Tax
 26-3    Code, in the year that is the subject of the study for each school
 26-4    district;
 26-5                (3)  the total dollar amount of any exemptions granted
 26-6    before May 31, 1993, within a reinvestment zone under agreements
 26-7    authorized by Chapter 312, Tax Code;
 26-8                (4)  subject to Subsection (e), the total dollar amount
 26-9    of any captured appraised value of property that:
26-10                      (A)  is within a reinvestment zone created on or
26-11    before May 31, 1999, or is proposed to be included within the
26-12    boundaries of a reinvestment zone as the boundaries of the zone and
26-13    the proposed portion of tax increment paid into the tax increment
26-14    fund by a school district are described in a written notification
26-15    provided by the municipality or the board of directors of the zone
26-16    to the governing bodies of the other taxing units in the manner
26-17    provided by Section 311.003(e), Tax Code, before May 31, 1999, and
26-18    within the boundaries of the zone as those boundaries existed on
26-19    September 1, 1999, including subsequent improvements to the
26-20    property regardless of when made;
26-21                      (B)  generates taxes paid into a tax increment
26-22    fund created under Chapter 311, Tax Code, under a reinvestment zone
26-23    financing plan approved under Section 311.011(d), Tax Code, on or
26-24    before September 1, 1999; and
26-25                      (C)  is eligible for tax increment financing
26-26    under Chapter 311, Tax Code;
26-27                (5)  the total dollar amount of any exemptions granted
 27-1    under Section 11.251, Tax Code;
 27-2                (6)  the difference between the comptroller's estimate
 27-3    of the market value and the productivity value of land that
 27-4    qualifies for appraisal on the basis of its productive capacity,
 27-5    except that the productivity value estimated by the comptroller may
 27-6    not exceed the fair market value of the land;
 27-7                (7)  the portion of the appraised value of residence
 27-8    homesteads of the elderly on which school district taxes are not
 27-9    imposed in the year that is the subject of the study, calculated as
27-10    if the residence homesteads were appraised at the full value
27-11    required by law;
27-12                (8)  a portion of the market value of property not
27-13    otherwise fully taxable by the district at market value because of:
27-14                      (A)  action required by statute or the
27-15    constitution of this state that, if the tax rate adopted by the
27-16    district is applied to it, produces an amount equal to the
27-17    difference between the tax that the district would have imposed on
27-18    the property if the property were fully taxable at market value and
27-19    the tax that the district is actually authorized to impose on the
27-20    property, if this subsection does not otherwise require that
27-21    portion to be deducted; or
27-22                      (B)  action taken by the district under
27-23    Subchapter B or C, Chapter 313, Tax Code;
27-24                (9)  the market value of all tangible personal
27-25    property, other than manufactured homes, owned by a family or
27-26    individual and not held or used for the production of income;
27-27                (10)  the appraised value of property the collection of
 28-1    delinquent taxes on which is deferred under Section 33.06, Tax
 28-2    Code;
 28-3                (11)  the portion of the appraised value of property
 28-4    the collection of delinquent taxes on which is deferred under
 28-5    Section 33.065, Tax Code; and
 28-6                (12)  the amount by which the market value of a
 28-7    residence homestead to which Section 23.23, Tax Code, applies
 28-8    exceeds the appraised value of that property as calculated under
 28-9    that section.
28-10          SECTION 8.  Section 42.302, Education Code, is amended by
28-11    adding Subsection (d) to read as follows:
28-12          (d)  For purposes of this section, school district taxes for
28-13    which credit is granted under Subchapter D, Chapter 313, Tax Code,
28-14    are considered taxes collected by the school district as if the
28-15    taxes were paid when the credit for the taxes was granted.
28-16          SECTION 9. Section 481.0044, Government Code, is amended by
28-17    adding Subsections (e) and (f) to read as follows:
28-18          (e)  In addition to the information required by Subsection
28-19    (d), the governing board shall include in the report under that
28-20    subsection:
28-21                (1)  a listing of the properties in this state that are
28-22    compiled and reported to the department under Section 23.03, Tax
28-23    Code;
28-24                (2)  a listing of the school districts in this state,
28-25    classified according to the categories established by Sections
28-26    313.022 and 313.052, Tax Code;
28-27                (3)  a listing of prospective projects identified by
 29-1    the business development division of the department that proposed
 29-2    to invest at least $100 million in this state, including
 29-3    prospective projects that worked with the department or of which
 29-4    the department was aware but that located in another state or
 29-5    country;
 29-6                (4)  information identifying the other state or country
 29-7    in which a prospective project located and stating the primary
 29-8    reason identified by the department that the prospective project
 29-9    did not locate in this state; and
29-10                (5)  an assessment as to the effectiveness of the
29-11    incentives provided by Chapter 313, Tax Code, accompanied by
29-12    information on the number of agreements entered into by school
29-13    districts under that chapter during the preceding biennium, a
29-14    description of each project covered by an agreement, and the
29-15    details of the agreement.
29-16          (f)  The comptroller shall assist the governing board and the
29-17    department in complying with Subsection (e).
29-18          SECTION 10. Subchapter K, Chapter 481, Government Code, is
29-19    amended by adding Section 481.168 to read as follows:
29-20          Sec. 481.168.  ANNUAL REPORT OF TAX INCENTIVE LAWS AND
29-21    ECONOMIC DEVELOPMENT LAWS OF OTHER STATES. (a)  The attorney
29-22    general, the comptroller, the Texas Department of Economic
29-23    Development, and the Council on Workforce and Economic
29-24    Competitiveness shall:
29-25                (1)  conduct a survey of tax incentive laws and
29-26    economic development laws enacted in other states since 1990; and
29-27                (2)  deliver to the governor, the lieutenant governor,
 30-1    and the speaker of the house of representatives a joint report of
 30-2    the results of the survey.
 30-3          (b)  The initial joint report required by this section shall
 30-4    be delivered before December 31, 2002.  An update of the joint
 30-5    report shall be delivered before December 31 of each subsequent
 30-6    year.
 30-7          (c)  Any interested person, including a trade association,
 30-8    may provide information the person considers useful or relevant to
 30-9    the survey or the joint report.
30-10          (d)  Any agency of this state, on request, shall assist in
30-11    conducting the survey or in preparing the initial joint report or
30-12    an update of the joint report.
30-13          (e)  The initial and each update of the joint report shall
30-14    include recommendations for legislative action.
30-15          SECTION 11. Section 2303.507, Government Code, is amended to
30-16    read as follows:
30-17          Sec. 2303.507.  TAX INCREMENT FINANCING AND ABATEMENT;
30-18    LIMITATIONS ON APPRAISED VALUE. Designation of an area as an
30-19    enterprise zone is also designation of the area as a reinvestment
30-20    zone for:
30-21                (1)  tax increment financing under Chapter 311, Tax
30-22    Code; [and]
30-23                (2)  tax abatement under Chapter 312, Tax Code; and
30-24                (3)  limitations on appraised value under Chapter 313,
30-25    Tax Code.
30-26          SECTION 12. (a)  Except as provided by Subsection (b) of this
30-27    section, this Act takes effect January 1, 2002.
 31-1          (b)  Section 312.006, Tax Code, as amended by this Act, takes
 31-2    effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1200 was passed by the House on May
         3, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1200 on May 24, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1200 was passed by the Senate, with
         amendments, on May 18, 2001, by the following vote:  Yeas 23, Nays
         7, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor