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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of property for economic benefits |
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authorized by the Texas Economic Development Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 313.021, Tax Code, is amended by |
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amending Subdivision (3) and adding Subdivision (6) to read as |
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follows: |
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(3) "Qualifying job" means a permanent full-time job |
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that: |
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(A) requires at least 1,600 hours of work a year; |
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(B) is not transferred from one area in this |
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state to another area in this state; |
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(C) is not created to replace a previous |
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employee; |
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(D) is covered by a group health benefit plan, as |
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defined by Section 171.751 [481.151, Government Code], for which |
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the business offers to pay at least 80 percent of the premiums or |
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other charges assessed for employee-only coverage under the plan, |
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regardless of whether an employee may voluntarily waive the |
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coverage; and |
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(E) pays at least 110 percent of the lesser of: |
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(i) the county average weekly wage for |
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manufacturing jobs in the county where the job is located; or |
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(ii) the average weekly wage in the county |
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where the job is located. |
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(6) "Average weekly wage in the county where the job is |
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located" means the average weekly wage for all covered employment |
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in the county as computed by the Texas Workforce Commission. |
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SECTION 2. Subsection (b), Section 313.024, Tax Code, is |
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amended to read as follows: |
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(b) To be eligible for a limitation on appraised value under |
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this subchapter, the corporation or limited liability company must |
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use the property in connection with: |
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(1) manufacturing; |
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(2) research and development; |
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(3) a clean coal project, as defined by Section 5.001, |
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Water Code; |
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(4) a gasification project for a coal and biomass |
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mixture; [or] |
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(5) renewable energy electric generation; |
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(6) a data center; or |
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(7) the headquarters of a business. |
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SECTION 3. Subsection (b), Section 313.024, Tax Code, as |
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effective January 1, 2008, is amended to read as follows: |
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(b) To be eligible for a limitation on appraised value under |
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this subchapter, the entity must use the property in connection |
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with: |
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(1) manufacturing; |
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(2) research and development; |
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(3) a clean coal project, as defined by Section 5.001, |
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Water Code; |
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(4) a gasification project for a coal and biomass |
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mixture; [or] |
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(5) renewable energy electric generation; |
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(6) a data center; or |
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(7) the headquarters of a business. |
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SECTION 4. Subsection (e), Section 313.024, Tax Code, is |
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amended by adding Subdivisions (3) and (4) to read as follows: |
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(3) "Data center" means an establishment primarily |
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engaged in providing electronic data processing and storage |
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services described in categories 518210 and 541513 of the 2002 |
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North American Industry Classification System. |
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(4) "Headquarters of a business" means the single |
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location that serves as the national administrative center of the |
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business and at which are located the primary office of the chief |
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executive officer or chief operating officer of the business and |
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the offices of the management officials responsible for key |
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business-wide functions, including finance, legal, marketing, and |
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human resources functions. |
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SECTION 5. Subsection (b), Section 313.051, Tax Code, is |
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amended to read as follows: |
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(b) The governing body of a school district to which this |
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subchapter applies may enter into an agreement in the same manner as |
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a school district to which Subchapter B applies may do so under |
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Subchapter B, subject to Sections 313.052-313.054. Except as |
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otherwise provided by this subchapter, the provisions of Subchapter |
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B apply to a school district to which this subchapter applies. For |
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purposes of this subchapter, a property owner is required to create |
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only at least 10 new jobs on the owner's qualified property. At |
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least 80 percent of all the new jobs created must be qualifying jobs |
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as defined by Section 313.021(3), except that, for a school |
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district described by Subsection (a)(2), each qualifying job must |
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pay at least 110 percent of the lesser of the average weekly wage |
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for manufacturing jobs or the average weekly wage for all covered |
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employment in the region designated for the regional planning |
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commission, council of governments, or similar regional planning |
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agency created under Chapter 391, Local Government Code, in which |
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the district is located. |
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SECTION 6. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect immediately if it receives a |
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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. |
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(b) Section 3 of this Act takes effect January 1, 2008. |
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