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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation of the Texas Economic Development Act |
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and to the duties of the comptroller of public accounts and the |
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Texas Education Agency under that Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 313.007, Tax Code, is amended to read as |
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follows: |
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Sec. 313.007. EXPIRATION. Subchapters B, C, and D expire |
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December 31, 2011 [2007]. |
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SECTION 2. Section 313.025, Tax Code, is amended by amending |
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Subsections (b) and (d) and adding Subsections (b-1) and (f-1) to |
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read as follows: |
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(b) The governing body of a school district is not required |
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to consider an application for a limitation on appraised value that |
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is filed with the governing body under Subsection (a). If the |
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governing body of the school district does elect to consider an |
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application, the governing body shall deliver three copies of the |
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application to the comptroller and request that the comptroller |
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provide [engage a third person to conduct] an economic impact |
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evaluation of the application to [on behalf of] the school |
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district. Except as provided by Subsection (b-1), the comptroller |
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shall conduct or contract with a third person to conduct the |
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evaluation, which shall be completed and provided to the governing |
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body of the school district as soon as practicable. The governing |
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body shall provide to the comptroller or third person any requested |
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information. A methodology to allow comparisons of economic impact |
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for different schedules of the addition of qualified investment or |
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qualified property may be developed as part of the economic impact |
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evaluation. The governing body shall provide a copy of the |
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evaluation to the applicant on request. The comptroller may charge |
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and collect a fee sufficient to cover the costs of providing the |
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economic impact evaluation. The governing body of a school |
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district shall [and] approve or disapprove an application before |
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the 121st day after the date the application is filed, unless the |
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economic impact evaluation has not been received or an extension is |
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agreed to by the governing body and the applicant. |
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(b-1) The comptroller shall indicate on one copy of the |
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application the date the comptroller received the application and |
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deliver that copy to the Texas Education Agency. The Texas |
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Education Agency shall determine the effect that the applicant's |
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proposal will have on the number or size of the school district's |
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instructional facilities, as required to be included in the |
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economic impact evaluation by Section 313.026(a)(9), and submit a |
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written report containing the agency's determination to the |
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comptroller. The governing body of the school district shall |
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provide any requested information to the Texas Education Agency. |
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Not later than the 45th day after the date the application indicates |
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that the comptroller received the application, the Texas Education |
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Agency shall make the required determination and submit the |
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agency's written report to the comptroller. A third person |
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contracted by the comptroller to conduct an economic impact |
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evaluation of an application is not required to make a |
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determination that the Texas Education Agency is required to make |
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and report to the comptroller under this subsection. |
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(d) [On receipt of an application under this section that
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the governing body elects to consider, the school district shall
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deliver one copy of the application to the comptroller.] Before the |
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61st day after the date the comptroller receives the copy of the |
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application [is received], the comptroller[, using the criteria
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listed in Section 313.026,] shall submit a recommendation to the |
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governing body of the school district as to whether the application |
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should be approved or disapproved. |
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(f-1) Notwithstanding any other provision of this chapter |
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to the contrary, including Section 313.003(2) or 313.004(3)(A) or |
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(B)(iii), the governing body of a school district may waive the new |
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jobs creation requirement in Section 313.021(2)(A)(iv)(b) or |
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313.051(b) and approve an application if the governing body makes a |
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finding that the jobs creation requirement exceeds the industry |
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standard for the number of employees reasonably necessary for the |
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operation of the facility of the property owner that is described in |
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the application. |
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SECTION 3. Section 313.026, Tax Code, is amended to read as |
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follows: |
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Sec. 313.026. ECONOMIC IMPACT EVALUATION. (a) The |
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economic impact evaluation of the application must include the |
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following: |
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(1) the recommendations of the comptroller; |
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(2) the relationship between the applicant's industry |
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and the types of qualifying jobs to be created by the applicant to |
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the long-term economic growth plans of this state as described in |
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the strategic plan for economic development submitted by the Texas |
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Strategic Economic Development Planning Commission under Section |
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481.033, Government Code, as that section existed before February |
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1, 1999; |
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(3) the relative level of the applicant's investment |
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per qualifying job to be created by the applicant; |
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(4) the wages, salaries, and benefits to be offered by |
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the applicant to qualifying job holders; |
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(5) the ability of the applicant to locate or relocate |
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in another state or another region of this state; |
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(6) the impact the added infrastructure will have on |
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the region, including: |
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(A) revenue gains that would be realized by the |
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school district; and |
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(B) subsequent economic effects on the local and |
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regional tax bases; |
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(7) the economic condition of the region of the state |
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at the time the person's application is being considered; |
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(8) the number of new facilities built or expanded in |
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the region during the two years preceding the date of the |
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application that were eligible to apply for a limitation on |
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appraised value under this subchapter; and |
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(9) the effect of the applicant's proposal, if |
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approved, on the number or size of the school district's |
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instructional facilities, as defined by Section 46.001, Education |
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Code. |
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(b) The comptroller's recommendations shall be based on the |
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criteria listed in Subsections (a)(2)-(9) and on any other |
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information available to the comptroller, including information |
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provided by the governing body of the school district under Section |
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313.025(b). |
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SECTION 4. Sections 16(a) and (d), Chapter 1, Acts of the |
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79th Legislature, 3rd Called Session, 2006, are repealed. |
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SECTION 5. Sections 313.025 and 313.026, Tax Code, as |
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amended by this Act, apply only to an application for a limitation |
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on appraised value under Chapter 313 of that code in connection with |
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which the governing body of a school district, before the effective |
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date of this Act, has not engaged a third person to conduct an |
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economic impact evaluation. An application for a limitation on |
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appraised value in connection with which the governing body of a |
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school district, before the effective date of this Act, has engaged |
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a third person to conduct an economic impact evaluation is governed |
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by the law in effect immediately before the effective date of this |
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Act, and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |