79R1806 SMH-D

By:  Deshotel                                                     H.B. No. 289


A BILL TO BE ENTITLED
AN ACT
relating to a requirement that jobs created as a condition for receipt of an ad valorem tax abatement or a limitation on the appraised value of property for ad valorem tax purposes be filled by local residents. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 312.005(a), Tax Code, is amended to read as follows: (a) The comptroller shall maintain a central registry of reinvestment zones designated under this chapter and of ad valorem tax abatement agreements executed under this chapter. The chief appraiser of each appraisal district that appraises property for a taxing unit that has designated a reinvestment zone or executed a tax abatement agreement under this chapter shall deliver to the comptroller before July 1 of the year following the year in which the zone is designated or the agreement is executed a report providing the following information: (1) for a reinvestment zone, a general description of the zone, including its size, the types of property located in it, its duration, and the guidelines and criteria established for the reinvestment zone under Section 312.002, including subsequent amendments and modifications of the guidelines or criteria; (2) a copy of each tax abatement agreement to which a taxing unit that participates in the appraisal district is a party and a statement of whether the agreement is subject to Section 312.212 or 312.402(g); and (3) any other information required by the comptroller to administer this section and Subchapter F, Chapter 111. SECTION 2. Subchapter B, Chapter 312, Tax Code, is amended by adding Section 312.212 to read as follows: Sec. 312.212. EMPLOYMENT OF COUNTY RESIDENTS. (a) If a tax abatement agreement entered into on or after September 1, 2005, requires a property owner to create a specified number of new jobs, the owner: (1) must: (A) attempt to fill the jobs to be created by employing residents of the county in which the reinvestment zone is located; and (B) request and is entitled to receive employment assistance services offered by the Texas Workforce Commission in locating residents of the county in which the reinvestment zone is located to fill the jobs to be created; and (2) may not employ a person who is not a resident of the county in which the reinvestment zone is located to fill a job to be created unless the owner is unable with the assistance of the commission to locate a resident of that county to fill that job. (b) Subsection (a) applies to the employment of the persons to initially fill the jobs to be created under a tax abatement agreement as well as to the employment during the term of the agreement of any persons to subsequently fill those jobs. (c) Not later than May 1 of each year, the comptroller shall conduct an audit to determine whether a property owner who is a party to a tax abatement agreement described by Subsection (a) is in compliance with that subsection and shall report the results of the audit in writing to the owner and to the governing body of the taxing unit that is a party to the agreement. The owner shall reimburse the comptroller for the costs incurred by the comptroller in conducting the audit and making the report of the audit. The owner or the taxing unit may protest the comptroller's findings in the audit. If the owner or the taxing unit protests the comptroller's findings, the comptroller shall give notice and hold a hearing at which the owner and the taxing unit may present evidence and oral argument. The comptroller has the burden to prove the accuracy of the audit. Following the hearing, the comptroller shall notify the owner and the taxing unit of the comptroller's decision on the protest. The comptroller shall adopt procedural rules to implement this subsection. Judicial review of the decision on the protest is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code, and is under the substantial evidence rule. (d) If the comptroller determines in an audit under Subsection (c) that a property owner is not in compliance with Subsection (a), the taxing unit that is a party to the agreement may terminate the agreement and bring an action to recapture all or a portion of the property tax revenue lost in the preceding tax year as a result of the agreement. SECTION 3. Section 312.402, Tax Code, is amended by adding Subsection (g) to read as follows: (g) Section 312.212 applies to an agreement made by a county or other taxing unit under this section in the same manner as it applies to an agreement made by a municipality or other taxing unit under Subchapter B. SECTION 4. Subchapter B, Chapter 313, Tax Code, is amended by adding Section 313.032 to read as follows: Sec. 313.032. EMPLOYMENT OF COUNTY RESIDENTS. (a) The owner of qualified property that is subject to an agreement entered into on or after September 1, 2005, implementing a limitation on appraised value under this subchapter: (1) must: (A) attempt to fill the jobs to be created on the property by employing residents of the county in which the property is located; and (B) request and is entitled to receive employment assistance services offered by the Texas Workforce Commission in locating residents of the county in which the property is located to fill the jobs to be created; and (2) may not employ a person who is not a resident of the county in which the property is located to fill a job to be created unless the owner is unable with the assistance of the commission to locate a resident of that county to fill that job. (b) Subsection (a) applies to the employment of the persons to initially fill the jobs to be created under an agreement implementing a limitation on appraised value under this subchapter as well as to the employment during the term of the agreement of any persons to subsequently fill those jobs. (c) Not later than May 1 of each year, the comptroller shall conduct an audit to determine whether a property owner who is a party to an agreement implementing a limitation on appraised value under this subchapter is in compliance with Subsection (a) and shall report the results of the audit in writing to the owner and to the governing body of the school district that is a party to the agreement. The owner shall reimburse the comptroller for the costs incurred by the comptroller in conducting the audit and making the report of the audit. The owner or the school district may protest the comptroller's findings in the audit. If the owner or the school district protests the comptroller's findings, the comptroller shall give notice and hold a hearing at which the owner and the school district may present evidence and oral argument. The comptroller has the burden to prove the accuracy of the audit. Following the hearing, the comptroller shall notify the owner and the school district of the comptroller's decision on the protest. The comptroller shall adopt procedural rules to implement this subsection. Judicial review of the decision on the protest is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code, and is under the substantial evidence rule. The comptroller shall prescribe procedures that require school districts to provide the comptroller with a copy of each agreement implementing a limitation on appraised value under this subchapter and other information the comptroller requires to conduct audits under this subsection. (d) If the comptroller determines in an audit under Subsection (c) that a property owner is not in compliance with Subsection (a), the school district that is a party to the agreement may terminate the agreement and bring an action to recapture the ad valorem tax revenue lost in the preceding tax year as a result of the agreement. SECTION 5. This Act takes effect September 1, 2005.