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A BILL TO BE ENTITLED
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AN ACT
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relating to the enterprise zone program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2303.003(5-a) and (7), Government Code, |
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are amended to read as follows: |
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(5-a) "Office" means the Texas Economic Development |
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and Tourism Office within the office of the governor. |
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(7) "Qualified employee" means a person who: |
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(A) works for a qualified business; and |
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(B) performs at least 50 percent of the person's |
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service for the business at the qualified business site [in the
|
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enterprise zone]. |
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SECTION 2. Section 2303.004, Government Code, is amended to |
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read as follows: |
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Sec. 2303.004. JURISDICTION OF MUNICIPALITY. For the |
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purposes of this chapter, territory in the municipal boundaries and |
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in the extraterritorial jurisdiction of a municipality is |
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considered to be in the jurisdiction of the municipality. |
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SECTION 3. Section 2303.052, Government Code, is amended to |
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read as follows: |
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Sec. 2303.052. BANK [EVALUATION;] REPORT REGARDING |
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PROGRAM. [(a)] The bank must include the following information |
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regarding the enterprise zone program in the report required by |
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Section 489.107 [shall conduct a continuing evaluation of the
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enterprise zone program.
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[(b) The bank shall develop data from available information
|
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demonstrating the relationship between the incentives provided
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under this chapter and the economy.
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[(c)The bank biennially shall review local incentives.
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[(d) On or before January 1 of each year the bank shall
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submit to the governor, the legislature, and the Legislative Budget
|
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Board a report that]: |
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(1) an evaluation of [evaluates] the effectiveness of |
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the [enterprise zone] program; |
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(2) a description of [describes] the use of state and |
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local incentives under this chapter and their effect on revenue; |
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and |
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(3) suggestions for [suggests] legislation with |
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regard to the program. |
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SECTION 4. Section 2303.401, Government Code, is amended to |
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read as follows: |
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Sec. 2303.401. DEFINITIONS. In this subchapter: |
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(1) "New permanent job" means a new employment |
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position that: |
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(A) is created by a qualified business as |
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described by Section 2303.402 at the qualified business site not |
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earlier than the 90th day before the date the business's project or |
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activity is designated as an enterprise project under this chapter; |
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(B) will provide or has provided for the duration |
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of the project's designation period [that:
|
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[(A)has provided] at least 1,820 hours of |
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employment a year to a qualified employee; and |
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(C) will [(B) is intended to] exist or has |
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existed at the qualified business site for the longer of: |
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(i) the duration of the project's |
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designation period; or |
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(ii) [at least] three years after the date |
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on which a state benefit is received as authorized by this chapter. |
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(2) "Retained job" means a job that: |
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(A) existed with a qualified business on the 91st |
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day before the date [designation of] the business's project or |
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activity is designated as an enterprise project; |
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(B) [that:
|
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[(A)] has provided and will continue to provide |
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employment to a qualified employee of at least 1,820 hours |
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annually; and |
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(C) will [(B) is intended to] be or has been an |
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employment position for the longer of: |
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(i) the duration of the project's |
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designation period; or |
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(ii) [at least] three years after the |
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expiration date of the claim period for receipt of [date on which] a |
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state benefit [is received as] authorized by this chapter. |
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SECTION 5. Section 2303.402(c), Government Code, is amended |
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to read as follows: |
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(c) For the purposes of this section, an economically |
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disadvantaged individual is an individual who: |
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(1) was unemployed for at least three months before |
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obtaining employment with the qualified business; |
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(2) receives public assistance benefits, including |
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welfare payments or food stamps, based on need and intended to |
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alleviate poverty; |
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(3) is a low-income [an economically disadvantaged] |
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individual, as defined by Section 101, Workforce Investment Act of |
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1998 (29 U.S.C. Section 2801(25)) [4(8), Job Training Partnership
|
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Act (29 U.S.C. Section 1503(8))]; |
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(4) is an individual with a disability [handicaps], as |
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defined by 29 U.S.C. Section 705(20)(A) [706(8)]; |
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(5) is an inmate, as defined by Section 498.001; |
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(6) is entering the workplace after being confined in |
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a facility operated by the institutional division of the Texas |
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Department of Criminal Justice or under contract with the Texas |
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Department of Criminal Justice; |
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(7) has been released by the Texas Youth Commission |
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and is on parole, if state law provides for such a person to be on |
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parole; or |
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(8) meets the current low income or moderate income |
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limits developed under Section 8, United States Housing Act of 1937 |
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(42 U.S.C. Section 1437f et seq.). |
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SECTION 6. Section 2303.403, Government Code, is amended to |
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read as follows: |
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Sec. 2303.403. PROHIBITION ON QUALIFIED BUSINESS |
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CERTIFICATION; LIMIT ON ENTERPRISE PROJECT DESIGNATIONS. If the |
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bank determines that the governing body eligible to nominate an |
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enterprise project is not complying with this chapter, the bank |
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shall prohibit the certification of a qualified business until the |
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bank determines that the governing body is complying with this |
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chapter. The bank may not designate more than 120 [85] enterprise |
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projects during any biennium. Any designations remaining at the |
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end of a biennium may be carried forward to the next biennium. |
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SECTION 7. Section 2303.404, Government Code, is amended by |
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adding Subsection (a-1) and amending Subsection (c) to read as |
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follows: |
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(a-1) A county may not nominate for designation as an |
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enterprise project the project or activity of a qualified business |
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that is located wholly or partly in a municipality's jurisdiction |
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as described by Section 2303.004. |
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(c) The designation period for an enterprise project may not |
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be for less than one year or more than [exceed] five years from the |
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date on which the designation is made. |
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SECTION 8. Sections 2303.405(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) If the governing body approves a request made under |
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Section 2303.404, the governing body may apply to the bank for the |
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designation of the project or activity of a qualified business as an |
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enterprise project only after it submits to the bank the order or |
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ordinance and other information that complies with the requirements |
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of Sections 2303.4051 and 2303.4052. |
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(b) An application must contain an economic analysis of the |
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plans of the qualified business for expansion, revitalization, or |
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other activity with regard to the enterprise project, including: |
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(1) the number of employment positions in existence at |
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the qualified business site on the 91st day before the application |
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deadline; |
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(1-a) the number of [anticipated] new permanent jobs |
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the enterprise project commits to [will] create during the |
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designation period presented in the form of a tabular listing of: |
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(A) the classification titles of those jobs; and |
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(B) the number of jobs and salary range for each |
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classification title; |
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(2) the [anticipated] number of permanent jobs the |
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enterprise project commits to [will] retain during the designation |
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period presented in the form of a tabular listing of: |
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(A) the classification titles of the retained |
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jobs; and |
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(B) the number of retained jobs and salary range |
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for each classification title; |
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(3) the amount of investment to be made by the |
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enterprise project; |
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(4) a complete description of the projected schedule |
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for completion of the specific activity described by Section |
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2303.404(b) to be undertaken by the enterprise project; |
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(5) other information the bank requires; |
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(6) a description of the local effort made by the |
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nominating body, the qualified business, and other affected |
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entities to develop and revitalize the jurisdiction of the |
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governmental entity nominating the project or activity; and |
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(7) if the nominating body is applying for a double or |
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triple jumbo enterprise project, as defined by Section 2303.407, an |
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indication of which level [of those types] of designation |
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[designations] is being sought. |
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SECTION 9. Sections 2303.4051(a), (b), (e), (f), and (g), |
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Government Code, are amended to read as follows: |
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(a) In this section, "local incentive" means each tax |
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incentive, grant, other financial incentive or benefit, or program |
|
to be provided by the governing body to qualified businesses |
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participating in the enterprise zone program [business enterprises
|
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in the block group] and any other local incentive listed in Section |
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2303.511. |
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(b) Before nominating the project or activity of a qualified |
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business for designation as an enterprise project, the governing |
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body of the municipality or county in which the business is located, |
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by ordinance or order, as appropriate, must identify and summarize |
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briefly any local incentives available[:
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[(1) in each of the block groups or other areas within
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its jurisdiction that qualify as an enterprise zone under Section
|
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2303.101, if any; and
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[(2) in any area within its jurisdiction that does not
|
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qualify as an enterprise zone]. |
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(e) An [Unless the nominating body holds a public hearing
|
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before adopting an ordinance or order under this section, the] |
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ordinance or order adopted under this section is not valid unless |
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the nominating body holds a public hearing before adopting the |
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ordinance or order. Notice of the hearing must be published in a |
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newspaper having general circulation in the municipality not later |
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than the seventh calendar day before the date of the hearing. The |
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notice must contain: |
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(1) the date, time, and location of the hearing; |
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(2) the provisions for any tax or other incentives |
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applicable to the enterprise zone program; |
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(3) the name of the qualified business whose project |
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or activity is being nominated for enterprise project designation; |
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and |
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(4) the location of the qualified business site. |
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(f) If the nominating body has previously nominated a |
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project or activity for designation as an enterprise project, the |
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nominating body, instead of issuing a new ordinance or order under |
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this section for a nominated project or activity, may by resolution |
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make a reference to a previously issued ordinance or order that met |
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the requirements of this section if: |
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(1) the resolution nominates the project or activity |
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for designation as an enterprise project and states: |
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(A) whether the nominated project or activity is |
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located in an area designated as an enterprise zone; |
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(B) the level of enterprise project designation |
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being sought; and |
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(C) the ending date of the project's designation |
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period; |
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(2) the local incentives described in the previously |
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issued ordinance or order [for the areas described by Subsections
|
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(b)(1) and (2)] are [substantially] the same on the date the |
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resolution is issued; and |
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(3) the local incentives to be made available to the |
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nominated project or activity are the same as those made available |
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to the project or activity that are the subject of the previously |
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issued ordinance or order. |
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(g) This section does not prohibit a municipality or county |
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from extending additional incentives, including tax incentives, |
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for qualified businesses [business enterprises] in an enterprise |
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zone by a separate order or ordinance. |
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SECTION 10. Section 2303.4052, Government Code, is amended |
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to read as follows: |
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Sec. 2303.4052. REQUIRED INFORMATION FROM NOMINATING BODY. |
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Before nominating the project or activity of a qualified business |
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for designation as an enterprise project, the nominating body must |
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submit to the bank: |
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(1) a certified copy of the ordinance or order, as |
|
appropriate, or reference to an ordinance or order as required by |
|
Section 2303.4051; |
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(2) a transcript of all public hearings conducted with |
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respect to local incentives available to qualified businesses |
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[business enterprises] within the jurisdiction of the governmental |
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entity nominating the project or activity, regardless of whether |
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those businesses [business enterprises] are located in an |
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enterprise zone; |
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(3) the name, title, address, telephone number, and |
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electronic mail address of the nominating body's liaison designated |
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under Section 2303.204; [and] |
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(4) if the business is seeking job retention benefits, |
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documentation showing the number of employment positions at the |
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qualified business site; and |
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(5) any additional information the bank may require. |
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SECTION 11. Section 2303.406, Government Code, is amended |
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by amending Subsection (a) and adding Subsections (g) and (h) to |
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read as follows: |
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(a) The bank may designate a project or activity of a |
|
business as an enterprise project only if the bank receives all of |
|
the information required by Section 2303.4052 and determines that: |
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(1) the business is a qualified business under Section |
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2303.402 that is located in or has made a substantial commitment to |
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locate in an enterprise zone or at a qualified business site; |
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(2) the nominating body making the application has |
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demonstrated that a high level of cooperation exists among public, |
|
private, and neighborhood entities within the jurisdiction of the |
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governmental entity nominating the project or activity; |
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(3) the designation will contribute significantly to |
|
the achievement of the plans of the nominating body making the |
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application for development and revitalization of the area in which |
|
the enterprise project will be located; and |
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(4) if the business is seeking job retention benefits, |
|
the business has clearly demonstrated that: |
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(A) the permanent employees of the business will |
|
be permanently laid off; |
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(B) the business will close down permanently; |
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(C) the business will relocate out-of-state; |
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(D) the business is able to employ individuals in |
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accordance with Section 2303.402 [a 10 percent increase in the
|
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production capacity of the business will occur]; or |
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(E) [a 10 percent decrease in overall cost per
|
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unit produced will occur;
|
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[(F)] the business facility has been |
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legitimately destroyed or substantially impaired because of fire, |
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flood, tornado, hurricane, or any other natural disaster and that |
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at least 60 percent of the capital investment is being spent to |
|
repair damages resulting from the disaster[; or
|
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[(G) the business facility is both adding a new
|
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business line or product and deleting or decreasing an existing
|
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business line or product, and the designation will prevent the
|
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facility's net production capacity from decreasing]. |
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(g) The bank may lower the designation level of a proposed |
|
project or activity nominated for enterprise project designation: |
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(1) if there are fewer designations available than |
|
applications received; or |
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(2) to further the economic interests of the state. |
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(h) A state benefit may not be obtained under this chapter |
|
or Chapter 151, Tax Code, for jobs moved from one jurisdiction in |
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this state to another jurisdiction in this state. |
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SECTION 12. Section 2303.406(e), Government Code, as added |
|
by Chapter 814, Acts of the 78th Legislature, Regular Session, |
|
2003, is amended to read as follows: |
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(e) The office may, during any biennium, designate multiple |
|
concurrent enterprise projects to a qualified business located in |
|
an enterprise zone [during any biennium]. |
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SECTION 13. Section 2303.407, Government Code, is amended |
|
to read as follows: |
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Sec. 2303.407. ALLOCATION OF JOBS ELIGIBLE FOR TAX REFUND. |
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(a) The bank shall allocate to an enterprise project the maximum |
|
number of new permanent jobs or retained jobs eligible based on the |
|
amount of capital investment made in the project, the project's |
|
designation level, and the refund per job with a maximum refund to |
|
be included in a computation of a tax refund for the project. |
|
(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 $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) $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 jobs if the bank designates the |
|
project as a double jumbo enterprise project; 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 at least 500 jobs if the bank designates |
|
the project as a triple jumbo enterprise project. |
|
(c) An enterprise project for which a commitment for a [A] |
|
capital investment in the range amount and the creation or |
|
retention of the number of jobs specified [described] by Subsection |
|
(b)(5) is made is considered a double jumbo enterprise project if |
|
the project is so designated by the bank. |
|
(d) An enterprise project for which a commitment for a [A] |
|
capital investment in the range amount and the creation or |
|
retention of the number of jobs specified [described] by Subsection |
|
(b)(6) is made is considered a triple jumbo enterprise project if |
|
the project is so designated by the bank. |
|
SECTION 14. Section 2303.4072, Government Code, is amended |
|
to read as follows: |
|
Sec. 2303.4072. ENTERPRISE PROJECT CLAIM FOR STATE BENEFIT. |
|
A person must make a claim to the comptroller for a state benefit as |
|
prescribed under this chapter and Chapter [Chapters] 151 [and 171], |
|
Tax Code, not later than 18 months after the date on which the term |
|
of the enterprise project designation expires as provided by |
|
Section 2303.404. |
|
SECTION 15. Section 2303.502(c), Government Code, is |
|
amended to read as follows: |
|
(c) The bank shall disseminate the reports to the governing |
|
bodies of the entities that nominated the enterprise projects |
|
[enterprise zones] and others as necessary to advance the purposes |
|
of this chapter. |
|
SECTION 16. Section 2303.505(a), Government Code, is |
|
amended to read as follows: |
|
(a) To encourage the development of areas designated as |
|
enterprise zones, the governing body of a municipality through a |
|
program may refund its local sales and use taxes paid by a qualified |
|
business on all taxable items purchased for use at the qualified |
|
business site related to the project or activity[:
|
|
[(1) the purchase, lease, or rental of equipment or
|
|
machinery for use in an enterprise zone;
|
|
[(2) the purchase of material for use in remodeling,
|
|
rehabilitating, or constructing a structure in an enterprise zone;
|
|
[(3) labor for remodeling, rehabilitating, or
|
|
constructing a structure in an enterprise zone; and
|
|
[(4) electricity and natural gas purchased and
|
|
consumed in the normal course of business in the enterprise zone]. |
|
SECTION 17. Section 2303.516, Government Code, is amended |
|
to read as follows: |
|
Sec. 2303.516. MONITORING QUALIFIED BUSINESS OR ENTERPRISE |
|
PROJECT COMMITMENTS. (a) The comptroller [bank] may monitor a |
|
qualified business or enterprise project to determine whether and |
|
to what extent the business or project has followed through on any |
|
commitments made by it or on its behalf under this chapter. |
|
(b) The comptroller [bank] may determine that the business |
|
or project is not entitled to a refund or credit of state taxes |
|
under Section 2303.504 if the comptroller [bank] finds that: |
|
(1) the business or project is not willing to |
|
cooperate with the comptroller [bank] in providing the comptroller |
|
[bank] with the information the comptroller [bank] needs to |
|
determine the state benefits [make the determination under
|
|
Subsection (a)]; or |
|
(2) the business or project has substantially failed |
|
to follow through on any commitments made by it or on its behalf |
|
under this chapter. |
|
(c) [On the date on which a certificate of occupancy is
|
|
issued with respect to an enterprise project or at the completion of
|
|
the enterprise project designation period as indicated by the
|
|
approved application, the nominating body shall monitor the
|
|
qualified business to determine whether the business or project has
|
|
followed through on any commitments or goals made by it or on its
|
|
behalf in the designation application. On completion, the
|
|
nominating body shall submit a report of its findings to the bank
|
|
and comptroller.
|
|
[(d)] A qualified business may obtain a state benefit, |
|
earned through a specific enterprise project designation, on |
|
completion of an audit performed by the comptroller that will |
|
certify hiring commitments and eligible purchases made by or on |
|
behalf of a qualified business under this chapter. |
|
SECTION 18. Section 2303.517, Government Code, is amended |
|
to read as follows: |
|
Sec. 2303.517. REPORT. (a) Before obtaining a state |
|
benefit, the qualified business must submit to the comptroller |
|
[bank] a certified report of the actual number of jobs created or |
|
retained and the capital investment made at or committed to the |
|
qualified business site. |
|
(b) Not later than the 30th day after the date the |
|
comptroller completes an enterprise project's close-out, the |
|
comptroller shall submit to the bank a report stating the actual |
|
amount of capital investment made and the actual number of jobs |
|
created or retained as a result of the enterprise project |
|
designation. |
|
SECTION 19. Sections 151.429(a), (b), (c), and (e), Tax |
|
Code, 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 all taxable items purchased for use at the qualified |
|
business site related to the project or activity [:
|
|
[(1) equipment or machinery sold to an enterprise
|
|
project for use at 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]. |
|
(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, the project's designation level, 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 |
|
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 $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) $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 jobs if the Texas Economic |
|
Development Bank designates the project as a double jumbo |
|
enterprise project; 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 at least 500 jobs if the Texas Economic |
|
Development Bank designates the project as a triple jumbo |
|
enterprise project. |
|
(c) The total amount of tax refund that an enterprise |
|
project may apply for in a state fiscal year may not exceed |
|
$250,000, at not more than $2,500 per job. The total amount of tax |
|
refund that a double jumbo enterprise project may apply for in a |
|
state fiscal year may not exceed $500,000, at not more than $5,000 |
|
per job. The total amount of tax refund that a triple jumbo |
|
enterprise project may apply for in a state fiscal year may not |
|
exceed $750,000, at not more than $7,500 per job. If an enterprise |
|
project, double jumbo enterprise project, or triple jumbo |
|
enterprise project qualifies in a state fiscal year for a refund of |
|
taxes in an amount in excess of the applicable limitation provided |
|
by this subsection, it may apply for a refund of those taxes in a |
|
subsequent year, subject to the applicable [$250,000] limitation |
|
for each year. The total amount that may be refunded to: |
|
(1) an enterprise project under this section may not |
|
exceed the amount determined by multiplying $250,000 by the number |
|
of state fiscal years during which the enterprise project created |
|
or retained one or more jobs for qualified employees; |
|
(2) a double jumbo enterprise project under this |
|
section may not exceed the amount determined by multiplying |
|
$500,000 by the number of state fiscal years during which the double |
|
jumbo enterprise project created or retained one or more jobs for |
|
qualified employees; or |
|
(3) a triple jumbo enterprise project under this |
|
section may not exceed the amount determined by multiplying |
|
$750,000 by the number of state fiscal years during which the triple |
|
jumbo enterprise project created or retained one or more jobs for |
|
qualified employees. |
|
(e) In this section: |
|
(1) "Enterprise project" means a project or activity |
|
[person] designated by the Texas Economic Development Bank as an |
|
enterprise project under Chapter 2303, Government Code. |
|
(2) "Qualified employee" ["Enterprise zone,"
|
|
"qualified employee,"] and "qualified hotel project" have the |
|
meanings assigned to those terms by Section 2303.003, Government |
|
Code. |
|
(3) "New permanent job" has the meaning assigned by |
|
[means a new employment position created by a qualified business as
|
|
described by] Section 2303.401 [2303.402], Government Code[, that:
|
|
[(A) has provided at least 1,820 hours of
|
|
employment a year to a qualified employee; and
|
|
[(B) is intended to exist for at least three
|
|
years after a state benefit is received under Chapter 2303,
|
|
Government Code]. |
|
(4) "Retained job" has the meaning assigned by Section |
|
2303.401, Government Code. |
|
(5) "Double jumbo enterprise project" and "triple |
|
jumbo enterprise project" have the meanings assigned by Section |
|
2303.407, Government Code. |
|
SECTION 20. The following provisions are repealed: |
|
(1) Section 2303.4051(d), Government Code; and |
|
(2) Section 2303.406(e), Government Code, as added by |
|
Chapter 209, Acts of the 78th Legislature, Regular Session, 2003. |
|
SECTION 21. The changes in law made by this Act to Chapter |
|
2303, Government Code, apply only to an application for a |
|
designation under the enterprise zone program under Chapter 2303, |
|
Government Code, as amended by this Act, that is filed on or after |
|
the effective date of this Act. An application for designation |
|
under the enterprise zone program that is filed before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the application was filed, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 22. The changes in law made by this Act to Section |
|
151.429, Tax Code, apply only to an application for a tax refund |
|
made on or after the effective date of this Act. An application for |
|
a tax refund made before the effective date of this Act is governed |
|
by the law in effect on the date the application was made, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 23. This Act takes effect September 1, 2007. |