By Coleman                                            H.B. No. 3271
         77R9372 CLG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of state subsidies granted for economic
 1-3     development purposes.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 481, Government Code, is amended by adding
 1-6     Subchapter Q to read as follows:
 1-7                  SUBCHAPTER Q.  PUBLIC SUBSIDY PERFORMANCE
 1-8                             AND ACCOUNTABILITY
 1-9           Sec. 481.221.  SHORT TITLE. This subchapter may be cited as
1-10     the Public Subsidy Performance and Accountability Act.
1-11           Sec. 481.222.  DEFINITIONS. In this subchapter:
1-12                 (1)  "Benefit date" means the date on which the
1-13     recipient receives the subsidy, except that:
1-14                       (A)  if the subsidy involves the purchase, lease,
1-15     or donation of physical equipment, the benefit date is the date on
1-16     which the recipient places the equipment into service; or
1-17                       (B)  if the subsidy is for an improvement made to
1-18     property, the benefit date is the earlier of:
1-19                             (i)  the date on which the last improvement
1-20     to the property is made; or
1-21                             (ii)  the date on which the recipient
1-22     occupies the property, and if more than one recipient occupies the
1-23     property, a grantor may assign a separate benefit date for each
1-24     recipient based on when the recipient first occupies the property.
 2-1                 (2)  "Grantor" means a state agency that grants a
 2-2     subsidy.
 2-3                 (3)  "Local governmental entity" means a county,
 2-4     municipality, or other political subdivision of this state and a
 2-5     municipally created economic development corporation, including a
 2-6     development corporation organized under the Development Corporation
 2-7     Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes).
 2-8                 (4)  "Nonprofit organization" means a private,
 2-9     nonprofit, tax-exempt organization described by Section 501(c)(3),
2-10     Internal Revenue Code of 1986, as amended, that has at least 100
2-11     full-time employees.
2-12                 (5)  "Public subsidy" or "subsidy" means financial
2-13     assistance in the form of a grant, loan at a rate below the
2-14     commercial rate, tax abatement, tax increment financing,
2-15     contribution of property, tax reduction, or infrastructure, or a
2-16     preferential use of a government facility, that is provided to a
2-17     business or nonprofit organization for economic development
2-18     purposes.  The term does not include:
2-19                       (A)  financial assistance that is generally
2-20     available to all businesses or to a general class of similar
2-21     businesses;
2-22                       (B)  federal assistance until the assistance has
2-23     been repaid to and reinvested by the state or local government;
2-24                       (C)  a public improvement made to property owned
2-25     by the state or a local government that serves a public purpose and
2-26     does not primarily benefit a single business or defined group of
2-27     businesses when the improvement is made;
 3-1                       (D)  redevelopment property polluted by a
 3-2     hazardous substance as defined by Section 361.003, Health and
 3-3     Safety Code, or contaminant as defined by Section 361.401, Health
 3-4     and Safety Code;
 3-5                       (E)  assistance the sole purpose of which is to
 3-6     provide job readiness and training services;
 3-7                       (F)  assistance for housing, pollution control or
 3-8     abatement, or energy conservation;
 3-9                       (G)  workers' compensation and unemployment
3-10     compensation;
3-11                       (H)  a benefit derived from regulation;
3-12                       (I)  an indirect benefit derived from assistance
3-13     provided to an educational institution;
3-14                       (J)  bonds issued to refund outstanding bonds;
3-15                       (K)  bonds issued for the benefit of an
3-16     organization described by Section 501(c)(3), Internal Revenue Code
3-17     of 1986, as amended;
3-18                       (L)  assistance for a collaboration between an
3-19     institution of higher education as defined by Section 61.003,
3-20     Education Code, and a business;
3-21                       (M)  redevelopment if the recipient's investment
3-22     in the purchase of the site and in-site preparation is 70 percent
3-23     or more of the assessor's current year's estimated market value;
3-24     and
3-25                       (N)  federal loan funds provided through the
3-26     United States Department of Commerce, Economic Development
3-27     Administration.
 4-1                 (6)  "Recipient" means a business entity or nonprofit
 4-2     organization that receives a subsidy from a grantor.
 4-3           Sec. 481.223.  APPLICABILITY OF SUBCHAPTER TO CERTAIN
 4-4     SUBSIDIES. (a)  Except as otherwise provided by this subchapter,
 4-5     this subchapter applies only to a public subsidy of more than
 4-6     $25,000.
 4-7           (b)  This subchapter does not apply to a subsidy in the form
 4-8     of a loan of $75,000 or less.
 4-9           Sec. 481.224.  APPLICABILITY OF SUBCHAPTER TO LOCAL
4-10     GOVERNMENTAL ENTITIES.   (a)  A local governmental entity that is
4-11     authorized to grant a public subsidy may adopt criteria regarding
4-12     the awarding of a public subsidy and may enter into a subsidy
4-13     agreement to the same extent and in the same manner as a state
4-14     agency under this subchapter.
4-15           (b)  A local governmental entity and recipient that enter
4-16     into a subsidy agreement under this section are subject to the same
4-17     reporting requirements as a state agency and recipient of a public
4-18     subsidy granted by a state agency under this subchapter.
4-19           Sec. 481.225.  GRANTING OF SUBSIDY; PUBLIC PURPOSE.  A state
4-20     agency may not grant a public subsidy unless the agency:
4-21                 (1)  has adopted criteria for issuance of the subsidy;
4-22     and
4-23                 (2)  enters into a subsidy agreement with an eligible
4-24     recipient that meets the requirements of Section 481.227.
4-25           Sec. 481.226.  CRITERIA FOR GRANTING SUBSIDY. (a)  A state
4-26     agency, after a public hearing, shall adopt eligibility and other
4-27     criteria for granting a subsidy.
 5-1           (b)  The criteria adopted by the agency must:
 5-2                 (1)  be standard for all recipients and may not be
 5-3     adopted on a case-by-case basis;
 5-4                 (2)  set specific minimum requirements that a business
 5-5     or nonprofit organization must meet to be eligible to receive a
 5-6     subsidy; and
 5-7                 (3)  include a floor for the wages to be paid for any
 5-8     jobs created with the subsidy.
 5-9           (c)  The requirement of Subsection (b)(3) must be stated as a
5-10     specific dollar amount or a formula that will generate a specific
5-11     dollar amount.
5-12           (d)  The state agency shall submit a copy of the criteria to
5-13     the department for review and comment.
5-14           (e)  A state agency may modify the criteria adopted by the
5-15     agency under this section by documenting the applicable
5-16     modification and submitting a copy of the report to the department
5-17     for review and comment not later than the 30th day after the date
5-18     on which the modification is made.
5-19           Sec. 481.227.  DUTY OF GRANTOR TO DETERMINE ELIGIBILITY.
5-20     Before a grantor enters into a public subsidy agreement, the
5-21     grantor shall contact the department to determine whether the
5-22     proposed recipient is eligible to receive a subsidy.
5-23           Sec. 481.228.  SUBSIDY AGREEMENT. (a)  As a condition of
5-24     receiving the subsidy, an eligible recipient must enter into a
5-25     subsidy agreement with the grantor that meets the requirements of
5-26     this section.
5-27           (b)  The subsidy agreement must:
 6-1                 (1)  describe the subsidy, including the amount and
 6-2     type of subsidy, and the type of district if the subsidy is tax
 6-3     increment financing;
 6-4                 (2)  state the purpose for the subsidy;
 6-5                 (3)  describe the project to be developed or performed
 6-6     with the subsidy and the project site;
 6-7                 (4)  contain measurable, specific, and tangible goals
 6-8     for the subsidy, including:
 6-9                       (A)  the schedule for accomplishing the goals;
6-10                       (B)  goals for the number of jobs to be created
6-11     by the recipient with the subsidy, which may include separate goals
6-12     for:
6-13                             (i)  the number of part-time or full-time
6-14     jobs; or
6-15                             (ii)  in cases in which job loss is
6-16     imminent and demonstrable, goals for the number of jobs retained;
6-17     and
6-18                       (C)  wage goals for the jobs created or retained;
6-19                 (5)  describe the financial obligation of the recipient
6-20     if the goals described in Subdivision (4) are not met in accordance
6-21     with Section 481.231;
6-22                 (6)  require the recipient to continue the recipient's
6-23     operations in the municipality in which the subsidy is to be used
6-24     for at least five years after the benefit date;
6-25                 (7)  state the name and address of the parent
6-26     corporation of the recipient, if any; and
6-27                 (8)  list any other form of financial assistance
 7-1     provided to the recipient by other grantors or local governmental
 7-2     entities for the project.
 7-3           (c)  The goals specified in Subsections (a)(4)(B) and (C)
 7-4     must be attained not later than the second anniversary of the
 7-5     benefit date.
 7-6           (d)  If, after a public hearing, the grantor determines that
 7-7     the creation or retention of jobs is not a goal of the subsidy
 7-8     agreement, the wage and job goals may be set at zero.
 7-9     Notwithstanding Subsection (a)(6), a recipient may move its
7-10     operations without violating the terms of the subsidy agreement if
7-11     the grantor, after a public hearing, approves the recipient's
7-12     request to move its operations.
7-13           (e)  A subsidy in the form of a grant must be structured as a
7-14     forgivable loan.  An agreement for a subsidy in a form other than a
7-15     grant must state:
7-16                 (1)  the fair market value of the subsidy to the
7-17     recipient, including the value of conveying property at less than a
7-18     fair market price; or
7-19                 (2)  whether the recipient is receiving an in-kind
7-20     benefit.
7-21           (f)  If a subsidy benefits more than one recipient, the
7-22     grantor must assign a portion of the subsidy to each recipient that
7-23     signs a subsidy agreement.  The proportion of the benefits assessed
7-24     to each recipient must reflect a reasonable estimate of the
7-25     recipient's share of the total benefits of the project.
7-26           (g)  The grantor and each recipient must sign the subsidy
7-27     agreement.  The subsidy agreement may provide for an informal
 8-1     dispute resolution process that provides for adjudication by an
 8-2     appropriate disinterested person in a regional office of the
 8-3     department.
 8-4           Sec. 481.229.  EXTENSION OF TIME TO MEET AGREED GOALS. (a)  A
 8-5     grantor, after a public hearing, may extend up to one year the
 8-6     period for meeting job and wage goals under the subsidy agreement.
 8-7           (b)  A grantor may extend the period for meeting goals other
 8-8     than job and wage goals.  The grantor shall:
 8-9                 (1)  prepare and maintain a written record of any
8-10     extension granted under this subsection that includes the reason
8-11     for the extension; and
8-12                 (2)  forward a copy of a record maintained under this
8-13     subsection with the annual report required under Section 481.237.
8-14           Sec. 481.230.  PUBLIC NOTICE AND HEARING BEFORE GRANTING
8-15     LARGE SUBSIDY. (a)  Notwithstanding Section 552.131, as added by
8-16     Chapter 1319, Acts of the 76th Legislature, Regular Session, 1999:
8-17                 (1)  a state agency shall publish notice and hold a
8-18     public hearing before granting a subsidy of more than $500,000; and
8-19                 (2)  a local governmental entity may publish notice and
8-20     hold a public hearing before granting a subsidy of more than
8-21     $100,000.
8-22           (b)  Public notice and a hearing to grant a subsidy under
8-23     this section is not required if notice and hearing is otherwise
8-24     required by law.
8-25           (c)  A state agency shall publish notice of the hearing
8-26     required under this section in the Texas Register and shall hold
8-27     the hearing in Austin.  A local governmental entity that holds a
 9-1     hearing under this section shall publish notice of the hearing in a
 9-2     newspaper of general circulation in the community in which the
 9-3     hearing is to be held at least 10 days before the date of the
 9-4     hearing.
 9-5           (d)  The notice must:
 9-6                 (1)  include the date, time, and place of the hearing;
 9-7     and
 9-8                 (2)  identify the location at which information about
 9-9     the subsidy, including a summary of the terms of the subsidy
9-10     agreement, is available.
9-11           (e)  A grantor shall:
9-12                 (1)  make printed copies of information on the subsidy
9-13     available on request to members of the public; and
9-14                 (2)  to the extent possible, make the information
9-15     available through the Internet.
9-16           Sec. 481.231.  FAILURE TO MEET GOALS AND OBLIGATIONS UNDER
9-17     SUBSIDY AGREEMENT. (a)  A subsidy agreement entered into under
9-18     Section 481.228 must contain a provision requiring a recipient who
9-19     fails to meet the goals specified in the agreement to, at a
9-20     minimum, repay the amount of the subsidy with interest. The
9-21     repayment may be prorated to reflect a partial fulfillment of
9-22     goals.
9-23           (b)  On making a determination that a recipient has failed to
9-24     meet a deadline specified in the subsidy agreement or has otherwise
9-25     violated the terms of the subsidy agreement or any extensions or
9-26     modifications made to the agreement, the grantor shall immediately
9-27     send notice of the failure to the recipient and demand repayment of
 10-1    the subsidy.  The notice must be sent by registered mail, return
 10-2    receipt requested.
 10-3          Sec. 481.232.  PROHIBITION ON RECEIPT OF SUBSIDY. A recipient
 10-4    that fails to meet the terms of a subsidy agreement may not receive
 10-5    a subsidy from a grantor before:
 10-6                (1)  five years after the date on which the grantor
 10-7    made its determination regarding the failure; or
 10-8                (2)  the date on which the recipient satisfies its
 10-9    repayment obligation under the terms of the subsidy agreement.
10-10          Sec. 481.233.  PROGRESS REPORT REQUIRED BY RECIPIENT. (a)  A
10-11    grantor must monitor the progress of the recipient in achieving the
10-12    goals as stated in the subsidy agreement.
10-13          (b)  For each subsidy received, a recipient shall submit, not
10-14    later than March 1 of each year,  a progress report containing the
10-15    information compiled during the previous year regarding the
10-16    attainment of each of the stated goals.  The recipient shall submit
10-17    the report to the department.
10-18          (c)  The information required under this section must be
10-19    submitted on a form and in the manner prescribed by the department.
10-20          Sec. 481.234.  CONTENTS OF PROGRESS REPORT. A progress report
10-21    must include:
10-22                (1)  the type, public purpose, and amount of subsidy
10-23    and type of district if the subsidy is tax increment financing;
10-24                (2)  the number of any new jobs to be created because
10-25    of the subsidy for which the starting wage is:
10-26                      (A)  less than $8 an hour;
10-27                      (B)  at least $8 but less than $20 an hour; and
 11-1                      (C)  at least $20 an hour;
 11-2                (3)  the sum of the hourly wages and cost of health
 11-3    insurance provided by the employer with respect to the wages;
 11-4                (4)  the date job and wage goals were or will be met;
 11-5                (5)  a statement of goals identified in the subsidy
 11-6    agreement and the recipient's progress toward attainment of those
 11-7    goals;
 11-8                (6)  the principal office of the recipient before
 11-9    receiving a subsidy if the recipient changed its principal office
11-10    after receiving the subsidy;
11-11                (7)  if applicable, any reasons why the recipient did
11-12    not complete the project at the site disclosed in the subsidy
11-13    agreement if the recipient moves its operations to another site;
11-14                (8)  the name and address of the parent corporation of
11-15    the recipient, if any;
11-16                (9)  a list of all financial assistance by all grantors
11-17    or local governmental entities for the project; and
11-18                (10)  any other information that may be requested by
11-19    the department.
11-20          Sec. 481.235.  FILING OF PROGRESS REPORT. (a)  A recipient
11-21    shall file the report required by Section 481.233 not later than
11-22    March 1 of each year.
11-23          (b)  In addition to the reporting period prescribed by
11-24    Subsection (a), the recipient must submit a report under Section
11-25    481.233 not later than the 30th day after the date of the deadline
11-26    for attaining the job and wage goals specified in the subsidy
11-27    agreement.
 12-1          (c)  The recipient shall submit the report until the second
 12-2    anniversary of the later of:
 12-3                (1)  the benefit date; or
 12-4                (2)  the date on which the goals are met.
 12-5          (d)  Notwithstanding Subsection (c), a recipient that has not
 12-6    met the goals stated in the subsidy agreement shall submit the
 12-7    report required under this section until the subsidy is repaid.
 12-8          Sec. 481.236.  FAILURE TO FILE REPORT. (a)  If a recipient
 12-9    fails to file a report under Section 481.233, the grantor shall
12-10    send a written reminder to the recipient not later than the seventh
12-11    day after the date on which the report is due.
12-12          (b)  If the recipient fails to file a report before the 14th
12-13    day after the date a reminder letter sent under Subsection (a) is
12-14    postmarked, the recipient is liable to the grantor for a penalty of
12-15    $100 for each day the report is not filed.
12-16          (c)  The penalty under this section may not exceed $1,000.
12-17          Sec. 481.237.  REPORT BY GRANTOR TO DEPARTMENT. (a)  Not
12-18    later than April 1 of each year, each state agency that has awarded
12-19    a public subsidy shall file a report with the department regarding
12-20    the subsidy.
12-21          (b)  The department shall adopt procedures regarding the
12-22    reporting requirements of this section and shall provide
12-23    information on those requirements to each appropriate state agency.
12-24          (c)  The report must include:
12-25                (1)  a list of recipients that did not complete the
12-26    report required under Section 481.233; and
12-27                (2)  a list of recipients that have not met their job
 13-1    and wage goals within the past two years and any action being taken
 13-2    by the grantor to:
 13-3                      (A)  bring those recipients into compliance; or
 13-4                      (B)  recoup the subsidy.
 13-5          (d)  The department shall send a written reminder to each
 13-6    grantor that does not submit a report within the time prescribed by
 13-7    this section.  A grantor for whom the department has not received a
 13-8    required report by June 1 of the same year the report is due is
 13-9    prohibited from granting a subsidy until it files the report with
13-10    the department.
13-11          Sec. 481.238.  SUBSIDY COMPILATION AND SUMMARY REPORT BY
13-12    DEPARTMENT. (a)  Not later than July 1 of each year, the department
13-13    shall submit to the legislature a report summarizing the results of
13-14    the reports required under Sections 481.233 and 481.237 for the
13-15    previous calendar year.  The summary report must include for each
13-16    grantor:
13-17                (1)  the total amount of subsidies awarded in each
13-18    development region of the state, as defined by department rule;
13-19                (2)  the distribution of subsidy amounts by size of the
13-20    subsidy;
13-21                (3)  the distribution of subsidy amounts by month,
13-22    quarter, and year;
13-23                (4)  the distribution of subsidy amounts by type;
13-24                (5)  the percentage of recipients that met the goals
13-25    specified in the subsidy agreement;
13-26                (6)  the percentage of recipients that did not meet the
13-27    goals specified in the subsidy agreement by the second anniversary
 14-1    of the benefit date;
 14-2                (7)  the total amount of subsidies issued to recipients
 14-3    that did not meet the goals specified in the subsidy agreement by
 14-4    the second anniversary of the benefit date;
 14-5                (8)  the percentage of recipients that did not meet the
 14-6    goals specified in the subsidy agreement and have not satisfied
 14-7    their repayment obligations;
 14-8                (9)  the name of each recipient that failed to meet the
 14-9    terms of its subsidy agreement in the previous five years and has
14-10    not satisfied its repayment obligation;
14-11                (10)  the number of part-time and full-time jobs
14-12    created because of the subsidy for which the starting wage is:
14-13                      (A)  less than $8 an hour;
14-14                      (B)  at least $8 but less than $20 an hour; and
14-15                      (C)  at least $20 an hour; and
14-16                (11)  the benefits paid for jobs created because of the
14-17    subsidy for which the starting wage is:
14-18                      (A)  less than $8 an hour;
14-19                      (B)  at least $8 but less than $20 an hour; and
14-20                      (C)  at least $20 an hour.
14-21          (b)  The department shall coordinate information provided to
14-22    the department under this subchapter in a manner that allows a
14-23    person to make a useful comparison among grantors and across
14-24    different periods.
14-25          (c)  The department may include any other information in the
14-26    report as necessary to evaluate subsidies.
14-27          Sec. 481.239.  REPORT MADE AVAILABLE TO PUBLIC. The
 15-1    department shall make available to the public all reports submitted
 15-2    to the department under Section 481.237 and the summary report
 15-3    submitted by the department under Section 481.238.
 15-4          Sec. 481.240.  SUBSIDY CRITERIA COMPILATION REPORT BY
 15-5    DEPARTMENT. Not later than August 1 of each year, the department
 15-6    shall publish a compilation of grantors' criteria policies adopted
 15-7    in the previous calendar year.
 15-8          SECTION 2.  This Act takes effect September 1, 2001.