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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications for certification of a person as a |
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qualified business under 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. Section 2303.402, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (b) to read as |
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follows: |
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(a) In this section, "high technology" means: |
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(1) semiconductors; |
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(2) information and computer technology; |
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(3) micro-electromechanical systems; |
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(4) manufactured energy systems; |
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(5) nanotechnology; and |
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(6) biotechnology. |
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(b) A person is a qualified business if the bank, for the |
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purpose of state benefits under this chapter, or the nominating |
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body of a project or activity of the person under this chapter, for |
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the purpose of local incentives, certifies that: |
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(1) the person is engaged in or has provided |
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substantial commitment to initiate the active conduct of a trade or |
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business in an enterprise zone, and: |
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(A) if the trade or business is a high technology |
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trade or business, at least 15 percent of the person's new employees |
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in the enterprise zone are: |
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(i) residents of any enterprise zone in |
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this state; or |
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(ii) economically disadvantaged |
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individuals; or |
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(B) if the trade or business is not a high |
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technology trade or business, at least 25 percent of the person's |
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new employees in the enterprise zone are: |
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(i) [(A)] residents of any enterprise zone |
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in this state; or |
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(ii) [(B)] economically disadvantaged |
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individuals; or |
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(2) the person is engaged in or has provided |
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substantial commitment to initiate the active conduct of a trade or |
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business in an area of this state that does not qualify as an |
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enterprise zone, and: |
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(A) if the trade or business is a high technology |
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trade or business, at least 25 percent of the person's new employees |
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at the qualified business site are: |
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(i) residents of any enterprise zone in |
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this state; or |
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(ii) individuals who are economically |
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disadvantaged; or |
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(B) if the trade or business is not a high |
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technology trade or business, at least 35 percent of the person's |
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new employees at the qualified business site are: |
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(i) [(A)] residents of any enterprise zone |
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in this state; or |
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(ii) [(B)] individuals who are |
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economically disadvantaged. |
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SECTION 2. The changes in law made by this Act to Section |
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2303.402, Government Code, apply only to an application for a |
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designation under the enterprise zone program under Chapter 2303, |
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Government Code, as amended by this Act, that is filed on or after |
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the effective date of this Act. An application for a designation |
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under the enterprise zone program that is filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |