79R12680 SMH-D
By: Swinford H.B. No. 2675
Substitute the following for H.B. No. 2675:
By: Edwards C.S.H.B. No. 2675
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for the limitation on appraised value of
property for school district maintenance and operations ad valorem
tax purposes under the Texas Economic Development Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 313.024(a) and (b), Tax Code, are
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.
(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; or
(3) renewable energy electric generation.
SECTION 2. Section 313.051, Tax Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(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) of this section, 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.
SECTION 3. Section 313.051(b), Tax Code, as amended by this
Act, 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.
SECTION 4. This Act takes effect September 1, 2005.