Floor Packet Page No. 87                                                    



	Amend CSHB 3 by adding the following appropriately numbered 

section to the bill and renumbering existing sections accordingly:

	SECTION ___.  (a)  Section 313.007, Tax Code, is amended to 

read as follows: 

	Sec. 313.007.  EXPIRATION.  Subchapters B, C, and D expire 

December 31, 2011 [2007].

	(b)  Section 313.024(a), Tax Code, is amended to read as 

follows:            

	(a)  This subchapter and Subchapters C and D apply only to 

property owned by an entity [a corporation or limited liability 

company] to which Chapter 171 [Section 171.001] applies.

	(c)  Section 313.024(b), Tax Code, is amended to read as 

follows:            

	(b)  To be eligible for a limitation on appraised value under 

this subchapter, the entity [corporation or limited liability 

company] must use the property in connection with:

		(1)  manufacturing;                                                           

		(2)  research and development;                                                

		(3)  a clean coal project, as defined by Section 5.001, 

Water Code;         

		(4)  a gasification project for a coal and biomass 

mixture; or              

		(5)  renewable energy electric generation.                                    

	(d)  Section 313.025(b), Tax Code, is amended to read as 

follows:            

	(b)  The governing body of a school district is not required 

to consider an application for a limitation on appraised value that 

is filed with the governing body under Subsection (a).  If the 

governing body of the school district does elect to consider an 

application, the governing body shall request that the Texas 

Education Agency [engage a third person to] conduct an economic 

impact evaluation of the application on behalf of the school 

district, and that agency shall conduct the evaluation as soon as 

practicable.  The governing body shall provide to the Texas 

Education Agency any information requested by that agency.  The 

Texas Education Agency may develop a methodology to allow 

comparisons of economic impact for different schedules of addition 

of qualified investment or qualified property as part of the 

economic impact evaluation.  The economic impact evaluation of the 

Texas Education Agency is binding on the governing body of the 

school district and the applicant.  The governing body shall 

provide a copy of the evaluation to the applicant on request.  The 

Texas Education Agency may charge and collect a fee sufficient to 

cover the costs of providing the economic impact evaluation.  The 

governing body of a school district shall [and] approve or 

disapprove an application before the 121st day after the date the 

application is filed, unless the Texas Education Agency's economic 

impact evaluation has not been received or an extension is agreed to 

by the governing body and the applicant.

	(e)  Section 313.051, Tax Code, is amended to read as 

follows:               

	Sec. 313.051.  APPLICABILITY.  (a)  This subchapter applies 

only to a school district that has territory in:

		(1)  a strategic investment area, as defined by Section 

171.721; [, Tax Code,] or

		(2)  [in] a county:                                   

			(A) [(1)]  that has a population of less than 

50,000;

			(B) [(2)]  that is not partially or wholly located 

in a metropolitan statistical area; and

			(C) [(3)]  in which, from 1990 to 2000, according 

to the federal decennial census, the population:

				(i) [(A)]  remained the same;                       

				(ii) [(B)]  decreased; or                           

				(iii) [(C)]  increased, but at a rate of not 

more than three percent per annum.

	(a-1)  Notwithstanding Subsection (a), if on January 1, 

2002, this subchapter applied to a school district in whose 

territory is located a federal nuclear facility, this subchapter 

continues to apply to the school district regardless of whether the 

school district ceased or ceases to be described by Subsection (a) 

after that date.

	(b)  The governing body of a school district to which this 

subchapter applies may enter into an agreement in the same manner as 

a school district to which Subchapter B applies may do so under 

Subchapter B, subject to Sections 313.052-313.054.  Except as 

otherwise provided by this subchapter, the provisions of Subchapter 

B apply to a school district to which this subchapter applies.  For 

purposes of this subchapter, a property owner is required to create 

only at least 10 new jobs on the owner's qualified property.  At 

least 80 percent of all the new jobs created must be qualifying jobs 

as defined by Section 313.021(3), except that, for a school 

district described by Subsection (a)(2), each qualifying job must 

pay at least 110 percent of the average weekly wage for 

manufacturing jobs in the region designated for the regional 

planning commission, council of governments, or similar regional 

planning agency created under Chapter 391, Local Government Code, 

in which the district is located.

	(f)  Section 313.051(b), Tax Code, as amended by this 

section, applies only to a limitation on the appraised value for 

school district maintenance and operations ad valorem tax purposes 

for which the owner files an application on or after the effective 

date of this Act.  A limitation on the appraised value for school 

district maintenance and operations ad valorem tax purposes for 

which the owner files an application before the effective date of 

this Act is governed by the law as it existed immediately before the 

effective date of this Act, and that law is continued in effect for 

that purpose.