Tax incentives for biomedical research facilities in Texas 4A Cities are eligible to adopt if the local sales tax rate would not exceed two percent. Only applies to cities that are located within a county of less than 500,000 or the city has a population of less than 50,000 and is located within two or more counties, one of which is Bexar, Dallas, El Paso, Harris, Hidalgo, Tarrant, or Travis or the city has a population of less than 50,000 and is within the San Antonio or Dallas Rapid Transit Authority territorial limits but has not elected to become part of the transit authority. Participation in a rapid transit authority will not invalidate a city's ability to adopt a 4A tax if the city would not be put about its statutory cap for the local sales tax rate. Limited to approved "projects" under Section 2(11)(A) of the Act. The 77th Legislature amended the Act to include research and development facilities in the definition of project.1(1) Additional project definitions that might be helpful include educational facilities and job training facilities (subject to certain limitations). 4B Cities who are eligible to adopt the 4A tax are also eligible to adopt the 4B tax. Other cities eligibility is confined to cities located in county with a population of 500,000 or more or the city has a population of 400,00 or more and is located in more than one county. The new combined rate cannot exceed 8.25 percent. The 77th Legislature permitted economic development corporations to use the 4B tax for research and development facilities. May also use 4B funds for job training facilities and job training classes. There is a public hearing requirement and a sixty day right to petition to object to the project by election. Tax Abatements Local government entities that may enter into a tax abatement agreement include incorporated cities, counties, and special agreements. Tax abatements by school districts are governed by the Brimer Act (see below). The lead party on the abatement agreement depends on the location of the property subject to the tax abatement. Cities are the lead party if the property is located within the city limits. Either the city or county may serve as the lead party if the property is within the city's extraterritorial jurisdiction. The county serves as the lead party is the property is located outside the city's boundaries and extraterritorial jurisdiction. Abatement agreements may not exceed 10 years. Abatements must be condition of the owner making specific improvements or repairs to the property.2(2) Only improvements (1) 1Texas Revised Civil Statutes Article 5190.6, Section 2(11) (A) (as amended by Texas House Bill 1592, 77th Legislature, Regular Session (2001)). (2) 2Tax Code section 312.204(a) (as amended by Texas House Bills 1448 and 3001 and Texas senate Bills 985 and 1710, 77th Legislature, Regular Session (2001)). may be exempted, not the real property's current value. Taxing units may enter into abatement agreements with the owner of a leasehold interest in real property. Tangible personal property may also be abated in all or part in the agreement. Personal property that was already on the property before the abatement agreement may not be abated. The agreement may not exceed 10 years. Agreements can provide a declining annual percentage or abate less than 100 percent yearly. If a city adopts an agreement in its extra territorial jurisdiction, the agreement takes effect upon the later annexation of the property by the city. Chapter 312 of the Tax Code provides six steps are necessary for a taxing unit to enter into a tax abatement: 1. The taxing unit must adopt a resolution indicating intent to participate in a tax abatement. 2. Taxing units must adopt abatement guidelines and criteria. 3. Taxing units must hold a public hearing, with notice, and the lead party must designate an area as a "reinvestment zone. 4. The lead taxing unit intending to grant an abatement must deliver written notice to all other taxing units in which the party is located. The notice must include the proposed agreement. 5. The taxing unit must adopt the abatement agreement by majority vote of its governing body at its regularly scheduled meeting. 6. Other taxing units may enter into abatement agreements or may choose not to enter into them. Brimer Act Authorizes an owner of qualified property to apply to the governing body of a school district in which the property is located for a limitation on the appraised value for ad valorem tax purposes of the person's qualified property. School districts may designate a reinvestment zone when the area is entirely within the school district's territory. TIFs Tax increment financing may only be initiated by cities Chapter 311 of the Tax Code governs Under TIFs, a taxing unit can choose to dedicate all, a portion of, or none of the revenue from a reinvestment zone attributable to the increase of property values due to improvements. TIFs may be initiated by property owners comprising of at least 50 percent of the appraised property value withing the proposed zone or by the city council. TIFs probably