79R6648 CLG-F

By:  Ritter                                                       H.B. No. 3249


A BILL TO BE ENTITLED
AN ACT
relating to the enterprise zone program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2303.003(7), Government Code, is amended to read as follows: (7) "Qualified employee" means a person who: (A) works for a qualified business; and (B) performs services that directly benefit the qualified business [at least 50 percent of the person's service for the business in the enterprise zone]. SECTION 2. Section 2303.403, Government Code, is amended to read as follows: Sec. 2303.403. PROHIBITION ON QUALIFIED BUSINESS CERTIFICATION; LIMIT ON ENTERPRISE PROJECT DESIGNATIONS. If the bank determines that the governing body eligible to nominate an enterprise project is not complying with this chapter, the bank shall prohibit the certification of a qualified business until the bank determines that the governing body is complying with this chapter. The bank may not designate more than 100 [85] enterprise projects during any biennium. SECTION 3. Section 2303.407(b), Government Code, as amended by Section 3.16, Chapter 814, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: (b) A capital investment in a project 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 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 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 jobs; (4) $5,000,000 to $19,999,999 [$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 jobs; (5) $20,000,000 [$150,000,000] to $39,999,999 [$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 jobs; or (6) $40,000,000 [$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 jobs. SECTION 4. The heading to Section 2303.504, Government Code, as amended by Section 2.02, Chapter 1134, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: Sec. 2303.504. STATE TAX REFUNDS AND CREDITS; REPORT. SECTION 5. Section 2303.504(a), Government Code, as amended by Section 2.02, Chapter 1134, Acts of the 77th Legislature, Regular Session, 2001, is 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. SECTION 6. Sections 151.429(a) and (b), Tax Code, as amended by Section 3.52, Chapter 814, Acts of the 78th Legislature, Regular Session, 2003, are 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: (1) equipment or machinery sold to an enterprise project that directly benefits [for use at] the qualified business and is substantially used for the operation of 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; (5) tangible personal property purchased and consumed in the normal course of business at the qualified business site; and (6) taxable services. (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 in the project that directly benefits [at] the qualified business and is substantially used for the operation of the qualified business [site] and the refund per job with a maximum refund to be included in a computation of a tax refund for the project. A capital investment made under this subsection [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 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 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 jobs; (4) $5,000,000 to $19,999,999 [$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 jobs; (5) $20,000,000 [$150,000,000] to $39,999,999 [$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 jobs; or (6) $40,000,000 [$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 jobs. SECTION 7. Section 171.751(9), Tax Code, is amended to read as follows: (9) "Qualifying job" means a new permanent full-time job that: (A) is located in: (i) a strategic investment area; [or] (ii) a county within this state with a population of less than 50,000, if the job is created by a business primarily engaged in agricultural processing; or (iii) an enterprise zone, regardless of whether the job meets the qualifications prescribed by Paragraphs (B)-(F), if the job is created by a qualified business that has been designated as an enterprise project; (B) requires at least 1,600 hours of work a year; (C) pays at least 110 percent of the county average weekly wage for the county where the job is located; (D) is covered by a group health benefit plan for which the business pays at least 80 percent of the premiums or other charges assessed under the plan for the employee; (E) is not transferred from one area in this state to another area in this state; and (F) is not created to replace a previous employee. SECTION 8. Subchapter P, Chapter 171, Tax Code, is amended by adding Section 171.7515 to read as follows: Sec. 171.7515. "QUALIFIED BUSINESS." In addition to the meaning assigned by Section 171.751(8), "qualified business" also means a corporation that has been designated as an enterprise project and is certified by the Texas Economic Development Bank as a qualified business under Section 2303.402, Government Code. SECTION 9. Section 171.752, Tax Code, is amended to read as follows: Sec. 171.752. ELIGIBILITY. (a) A corporation is eligible for a credit against the tax imposed under this chapter if the corporation: (1) is a qualified business as defined in Section 171.751 or 171.7515; (2) creates a minimum of 10 qualifying jobs; and (3) pays an average weekly wage, for the year in which credits are claimed, of at least 110 percent of the county average weekly wage for the county where the qualifying jobs are located. (b) A corporation may claim a credit or take a carryforward credit without regard to whether the strategic investment area or enterprise zone in which it created the qualifying jobs subsequently loses its designation as a strategic investment area or enterprise zone, if applicable. SECTION 10. Subchapter P, Chapter 171, Tax Code, is amended by adding Section 171.7541 to read as follows: Sec. 171.7541. LENGTH OF CREDIT. Notwithstanding Section 171.753, a corporation that has been designated as an enterprise project on or after September 1, 2001, may, beginning on the date the project is designated, establish a credit equal to 25 percent of the total wages and salaries paid by the corporation for qualifying jobs. Subject to Section 171.755, the corporation may claim the entire credit earned on a report originally due on or after September 1, 2003, and before January 1, 2010. SECTION 11. Section 171.801(2), Tax Code, is amended to read as follows: (2) "Qualified capital investment" means tangible personal property first placed in service in a strategic investment area, [or] first placed in service in a county with a population of less than 50,000 by a corporation primarily engaged in agricultural processing, or first placed in service in an enterprise zone by a qualified business that has been designated as an enterprise project, and that is described in Section 1245(a), Internal Revenue Code, such as engines, machinery, tools, and implements used in a trade or business or held for investment and subject to an allowance for depreciation, cost recovery under the accelerated cost recovery system, or amortization. The term does not include real property or buildings and their structural components. Property that is leased under a capitalized lease is considered a "qualified capital investment," but property that is leased under an operating lease is not considered a "qualified capital investment." Property expensed under Section 179, Internal Revenue Code, is not considered a "qualified capital investment." SECTION 12. Section 171.8015, Tax Code, is amended to read as follows: Sec. 171.8015. TANGIBLE PERSONAL PROPERTY FIRST PLACED IN SERVICE IN AN ENTERPRISE ZONE. For purposes of determining whether an investment is a "qualified capital investment" under Section 171.801, "tangible personal property first placed in service in an enterprise zone" includes tangible personal property: (1) purchased by a qualified business for placement in an incomplete improvement that is under active construction or other physical preparation; (2) identified by a purchase order, invoice, billing, sales slip, or contract; and (3) physically present at the enterprise zone and in use by the qualified business not later than December 31, 2009 [September 30, 2005]. SECTION 13. Section 171.802, Tax Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows: (c) A corporation may claim a credit or take a carryforward credit without regard to whether the strategic investment area or enterprise zone in which it made the qualified capital investment subsequently loses its designation as a strategic investment area or enterprise zone, if applicable. (d) A corporation that has been designated as an enterprise project and is certified by the Texas Economic Development Bank as a qualified business under Section 2303.402, Government Code, may qualify for the credit provided by this subchapter, regardless of whether the corporation meets the qualifications prescribed by Subsection (b). SECTION 14. Section 171.803, Tax Code, is amended by adding Subsection (b) to read as follows: (b) A corporation that has been designated as an enterprise project on or after September 1, 2001, may, beginning on the date the project is designated, establish a credit equal to 7.5 percent of the qualified capital investment. SECTION 15. Section 171.804, Tax Code, is amended to read as follows: Sec. 171.804. LENGTH OF CREDIT. (a) Except as provided by Subsection (b), the [The] credit established shall be claimed in five equal installments of one-fifth the credit amount over the five consecutive reports beginning with the report based upon the period during which the qualified capital investment was made. (b) Subject to Section 171.805, a corporation that has been designated as an enterprise project may claim the entire credit earned on a report originally due on or after September 1, 2003, and before December 31, 2009. SECTION 16. This Act takes effect September 1, 2005.