This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

78R1069 ATP-D

By:  Seaman                                                       H.B. No. 102



A BILL TO BE ENTITLED

AN ACT

relating to the designation of enterprise zones and enterprise 
projects.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 2303, Government Code, is 
amended by adding Section 2303.055 to read as follows:
	Sec. 2303.055.  ACTION ON APPLICATION RECEIVED BY 
DEPARTMENT.  Not later than the 60th working day after the date on 
which the department receives an application under this chapter, 
the department shall:
		(1)  review the application; and                                       
		(2)  approve or deny the application as provided by 
this chapter or return the application to the applicant to correct 
any deficiency in the application.
	SECTION 2.  Section 2303.105(b), Government Code, is amended 
to read as follows:
	(b)  The application must include:                                             
		(1)  a certified copy of the ordinance or order, as 
appropriate, nominating the area as an enterprise zone;
		(2)  a map of the area showing existing streets and 
highways, in a paper format and in an electronic format suitable for 
the Internet;
		(3)  an analysis and appropriate supporting documents 
and statistics demonstrating that the area qualifies for 
designation as an enterprise zone;
		(4)  a statement that specifies each tax incentive, 
grant, other financial incentive or benefit, or program to be 
provided by the nominating body to business enterprises in the area 
that is not to be provided throughout the governmental entity or 
entities nominating the area as an enterprise zone;
		(5)  a statement of the economic development and 
planning objectives for the area;
		(6)  a description of the functions, programs, and 
services to be performed by a neighborhood enterprise association 
in the area;
		(7)  an estimate of the economic impact of the 
designation of the area as an enterprise zone on the revenues of the 
governmental entity or entities nominating the area as an 
enterprise zone, considering all the financial incentives and 
benefits and the programs contemplated;
		(8)  a transcript or tape recording of all public 
hearings on the proposed zone;
		(9)  if the application is a joint application, a 
description and copy of the agreement between the applicants;
		(10)  the procedures for negotiating with residents, 
community groups, and other entities affected by the designation of 
the area as an enterprise zone and with qualified businesses in the 
area;
		(11)  a description of the administrative authority, if 
one is to be appointed for the enterprise zone under Section 
2303.202;  and
		(12)  any additional information the department 
requires.                   
	SECTION 3.  Section 2303.110(e), Government Code, is amended 
to read as follows:
	(e)  For each amendment of an enterprise zone boundary, the 
nominating body shall pay the department a reasonable fee, in an 
amount specified by the department, not to exceed $1,000 [$500]. 
The department may use fees collected under this subsection to 
administer this chapter and for other purposes to advance this 
chapter.
	SECTION 4.  Section 2303.406, Government Code, is amended by 
amending Subsection (a) and adding Subsection (e) to read as 
follows:
	(a)  The department may designate a business as an enterprise 
project only if the department determines that:
		(1)  the business is a qualified business under Section 
2303.402 that is located in or has made a substantial commitment to 
locate in an enterprise zone described by Section 2303.404(b);
		(2)  the governing body of the enterprise zone making 
the application has demonstrated that a high level of cooperation 
exists among public, private, and neighborhood entities in the 
zone;
		(3)  the designation will contribute significantly to 
the achievement of the plans of the governing body making the 
application for development and revitalization of the zone;  and
		(4)  if the business is seeking job retention benefits:                       
			(A)  [the] permanent employees of the business are 
substantially likely to [will] be permanently laid off;
			(B)  the business is substantially likely to
[will] close down permanently;
			(C)  the business is substantially likely to
[will] relocate out-of-state;
			(D)  a 10 percent increase in the production 
capacity of the business will occur;
			(E)  a 10 percent decrease in overall cost per 
unit produced will occur; [or]
			(F)  the business facility has been legitimately 
destroyed or impaired because of fire, flood, tornado, hurricane, 
or any other natural disaster; or
			(G)  the business facility is both adding a new 
business line or product and deleting or decreasing an existing 
business line or product, and the designation will prevent the 
facility's net production capacity from decreasing.
	(e)  The department may designate multiple concurrent 
enterprise projects in the same enterprise zone.
	SECTION 5.  This Act takes effect September 1, 2003, and 
applies only to an application submitted under Chapter 2303, 
Government Code, as amended by this Act, on or after that date.