Amend CSHB 2233 (House committee printing) by adding the
following SECTIONS to the bill, appropriately numbered, and
renumbering subsequent SECTIONS of the bill accordingly:
SECTION___. The heading to Section 2303.504, Government
Code, as effective September 1, 2005, is amended to read as follows:
Sec. 2303.504. STATE TAX REFUNDS AND CREDITS; REPORT.
SECTION___. Sections 2303.504 (a) and (c), Government Code,
as effective September 1, 2005, are amended to read as follows:
(a) Subject to Section 2303.516, an enterprise project is
entitled to:
(1) a refund of state taxes under Section 151.429,
Tax Code; and
(2) a franchise tax credit under Subchapter P or Q,
Chapter 171, Tax Code.
(c) Not later than the 60th day after the last day of each
fiscal year, the comptroller shall report to the bank the statewide
total of actual jobs created, actual jobs retained, and the tax
refunds and credits made under this section during that fiscal
year.
SECTION___. Sections 2303.516(b) and (d), Government Code,
are amended to read as follows:
(b) The comptroller [bank] may determine that the business
or project is not entitled to a refund or credit of state taxes
under Section 2303.504(a) if the comptroller [bank] finds that:
(1) the business or project is not willing to cooperate
with the comptroller [bank] in providing the comptroller [bank]
with the information the comptroller [bank] needs to determine
state benefits [make the determination under Subsection (a)]; or
(2) the business or project has substantially failed to
follow through on any commitments made by it or on its behalf under
this chapter.
(d) A qualified business may obtain a state benefit, earned
through a specific enterprise project designation, on completion
of:
(1) a certification of the project or activity for
completeness that is conducted [an audit performed] by the
comptroller to verify [that will certify] hiring commitments of a
qualified business under this chapter;
(2) a certification conducted by the comptroller to
verify [and] eligible purchases of taxable items made by or on
behalf of the [a] qualified business under this chapter; and
(3) a verification of the capital investment for the
project or activity, conducted by the comptroller, to determine the
level of benefit achieved by the qualified business.
SECTION___. Section 2303.517, Government Code, is amended to
read as follows:
Sec. 2303.517. REPORT. Before obtaining a state benefit, the
qualified business must submit to the comptroller [bank] a
certified report of the actual number of jobs created or retained
and the capital investment made at or committed to the qualified
business site.
SECTION___. Section 151.429(a), Tax Code, as effective
September 1, 2005, is amended to read as follows:
(a) An enterprise project is eligible for a refund in the
amount provided by this section of the taxes imposed by this chapter
on purchases of taxable items[:
[(1) equipment or machinery sold to an enterprise
project for use at the qualified business site;
[(2) building materials sold to an enterprise project
for use in remodeling, rehabilitating, or constructing a structure
at the qualified business site;
[(3) labor for remodeling, rehabilitating, or
constructing a structure by an enterprise project at the qualified
business site;and
[(4) electricity and natural gas purchased and
consumed in the normal course of business at the qualified business
site].
SECTION___. Section 171.721(2), Tax Code, is amended to read
as follows:
(2) "Strategic investment area" means an area that is
determined by the comptroller under Section 171.726 that is:
(A) a county within this state with above state
average unemployment and below state average per capita income;
(B) an area within this state that is a federally
designated urban enterprise community, [or] an urban enhanced
enterprise community, an empowerment zone and associated
developable areas, or a renewal community; or
(C) a defense economic readjustment zone
designated under Chapter 2310, Government Code.
SECTION___. Section 2303.516(c), Government Code, is
repealed.