Amend HB 2233 on third reading by adding the following
appropriately numbered SECTIONS to the bill and renumbering
subsequent SECTIONS accordingly:
SECTION __. Section 2303.401, Government Code, is amended to
read as follows:
Sec. 2303.401. DEFINITIONS. In this subchapter:
(1) "Certified job" means a new or retained job that:
(A) has provided at least 1,820 hours of
employment a year to a qualified employee of a qualified business as
described by Section 2303.402;
(B) is intended to exists for at least three years
after the date on which the comptroller makes the initial
certification of hiring commitments for the qualified business
under Section 2303.516(d); and
(C) has been certified by the comptroller as
eligible for receipt of a state benefit under this chapter.
(2) "New permanent job" means a new employment position
created by a qualified business as described by Section 2303.402
that:
(A) has provided at least 1,820 hours of
employment a year to a qualified employee; and
(B) is intended to exists at the qualified
business site for at least three years after the date on which a
state benefit is received as authorized by this chapter.
(3) [(2)] "Retained job" means a job that existed with
a qualified business before designation of the business's project
or activity as an enterprise project that:
(A) has provided employment to a qualified
employee of at least 1,820 hours annually; and
(B) is intended to be an employment position for
at least three years after the date on which a state benefit is
received as authorized by this chapter.
SECTION __. Sections 151.429(b), (c), and (g), Tax Code, are
amended to read as follows:
(b) Subject to the limitations provided by Subsection (c) of
this section, an enterprise project qualifies for a refund of taxes
under this section based on the amount of capital investment made at
the qualified business site and refund per job with a maximum refund
to be included in a computation of a tax refund for the project. A
capital investment at the qualified business site of:
(1) $40,000 to $399,999 will result in a refund of up to
$2,500 per job with a maximum refund of $25,000 for the creation or
retention of 10 certified jobs;
(2) $400,000 to $999,999 will result in a refund of up
to $2,500 per job with a maximum refund of $62,500 for the creation
or retention of 25 certified jobs;
(3) $1,000,000 to $4,999,999 will result in a refund of
up to $2,500 per job with a maximum refund of $312,500 for the
creation or retention of 125 certified jobs;
(4) $5,000,000 to $149,999,999 will result in a refund
of up to $2,500 per job with a maximum refund of $1,250,000 for the
creation or retention of 500 certified jobs;
(5) $150,000,000 to $249,999,999 will result in a
refund of up to $5,000 per job with a maximum refund of $2,500,000
for the creation or retention of 500 certified jobs; or
(6) $250,000,000 or more will result in a refund of up
to $7,500 per job with a maximum refund of $3,750,000 for the
creation or retention of 500 certified jobs.
(c) The total amount of tax refund that an enterprise project
may apply for in a state fiscal year may not exceed $250,000. If an
enterprise project qualifies in a state fiscal year for a refund of
taxes in an amount in excess of the limitation provided by this
subsection, it may apply for a refund of those taxes in a subsequent
year, subject to the $250,000 limitation for each year. The total
amount that may be refunded to an enterprise project under this
section may not exceed the amount determined by mutliplying
$250,000 by the number of state fiscal years during which the
enterprise project created or retained one or more certified jobs
for qualified employees.
(g) The refund provided by this section is conditioned on the
enterprise project maintaining for a three-year period at least the
same number [level] of certified jobs [employment of qualified
employees] as existed on the date the comptroller initially
certified the hiring commitments for the project under Section
2303.516(d), Government Code [at the time it qualified for a refund
for a period of three years from that date]. The comptroller shall
annually certify whether that number [level] of certified jobs
[employment of qualified employees] has been maintained. On
certifying that such a number [level] has not been maintained, the
comptroller shall assess that portion of the refund attributable to
any such decrease in certified jobs [employment], including penalty
and interest from the date of the refund.
SECTION __. Section 151.429(e), Tax Code, is amended by
adding Subdivision (4-a) to read as follows:
(4-a) "Certified job" has the meaning assigned by
Section 2303.401, Government Code.