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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that the comptroller perform a study of |
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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. STUDY OF TEXAS ECONOMIC DEVELOPMENT ACT. |
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(a) The comptroller of public accounts shall conduct a study of |
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the Texas Economic Development Act. The purpose of the study is to |
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determine: |
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(1) if the Act, as implemented: |
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(A) accomplishes the intended purposes of the |
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Act, as stated in Section 313.003, Tax Code; and |
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(B) complies with the intent of the legislature |
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in enacting the Act, as expressed in Section 313.004, Tax Code; and |
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(2) if legislative action is needed to increase the |
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efficiency or effectiveness of any part of the Act. |
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(b) The comptroller of public accounts shall conduct an |
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in-depth and cumulative study of certain agreements entered into |
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under Chapter 313, Tax Code, as determined under this subsection. |
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To determine the agreements to study, the comptroller shall perform |
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risk assessments on each agreement entered into under Chapter 313, |
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Tax Code, that is active on the effective date of this Act. In |
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addition to the requirements of a risk assessment prescribed by |
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Chapter 321, Government Code, a risk assessment conducted under |
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this subsection must specifically consider the items listed in |
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Subsection (a), Section 313.009, Tax Code, and whether the |
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qualifying period for the agreement has expired. The comptroller |
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shall select five energy-related agreements and five |
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manufacturing-related agreements under Chapter 313, Tax Code, that |
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pose the greatest risk to the state, as identified by the risk |
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assessment conducted under this subsection, on which to conduct an |
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in-depth study. |
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(c) In conducting the study required by Subsection (a) of |
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this section, the comptroller of public accounts must: |
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(1) determine for each of the 10 agreements |
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identified: |
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(A) if the terms of the agreement were |
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implemented in a manner that complies with Sections 313.003 and |
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313.004, Tax Code; |
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(B) what changes to Chapter 313, Tax Code, if |
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any, would increase the effectiveness and efficiency of the |
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administration of the agreement; |
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(C) the number of jobs actually created, and the |
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median wage for the new jobs created, under the agreement; and |
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(D) whether any requirements relating to the |
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number of jobs, or the wages paid for those jobs, specified in the |
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agreement were waived; and |
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(2) consider the entire period the agreement has been |
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in effect when making the determinations required under Subdivision |
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(1) of this subsection. |
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(d) The comptroller of public accounts may require a party |
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to an agreement under Chapter 313, Tax Code, to submit information |
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to complete the study required by this Act. |
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(e) At the comptroller of public accounts' request, the |
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state auditor may assist the comptroller in conducting the study |
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required by this Act. |
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SECTION 2. REPORT. (a) Not later than December 1, 2014, |
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the comptroller of public accounts shall submit a report of the |
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results of the study to the governor and the legislature. |
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(b) The report must include: |
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(1) a complete discussion of each agreement studied by |
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the comptroller of public accounts; and |
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(2) the comptroller's recommendations, based on the |
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study's findings, of ways to increase the effectiveness and |
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efficiency of agreements entered into under Chapter 313, Tax Code. |
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(c) If the report recommends amending a provision of Chapter |
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313, Tax Code, the comptroller of public accounts shall include |
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proposed legislation necessary to implement the suggested |
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amendment. |
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(d) The report may not include information that is |
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confidential by law. |
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SECTION 3. EXPIRATION DATE. This Act expires January 1, |
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2015. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2013. |
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