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SECTION 1. Sections
313.025(b), (d), and (f-1), Tax Code, are amended to read as follows:
(b) The governing body of a
school district is not required to consider an application for a limitation
on appraised value. If the governing body of the school district elects to
consider an application, the governing body shall deliver a copy of the
application to the comptroller and request that the comptroller conduct an
economic impact evaluation of the investment proposed by the application. In addition, the governing body may request that
the comptroller submit a recommendation as to whether the new jobs creation
requirement should be reduced or waived and, if reduced, the number of new
jobs that should be required to be created. The comptroller
shall conduct or contract with a third person to conduct the economic
impact evaluation, which shall be completed and provided to the governing
body of the school district, along with the comptroller's certificate or
written explanation under Subsection (d)(1)
and recommendation under Subsection (d)(2), if requested [(d)],
as soon as practicable but not later than the 90th
day after the date the comptroller receives the application. The
governing body shall provide to the comptroller or to a third person
contracted by the comptroller to conduct the economic impact evaluation any
requested information. A methodology to allow comparisons of economic
impact for different schedules of the addition of qualified investment or
qualified property may be developed as part of the economic impact
evaluation. The governing body shall provide a copy of the economic impact
evaluation to the applicant on request. The comptroller may charge the
applicant a fee sufficient to cover the costs of providing the economic
impact evaluation. The governing body of a school district shall approve or
disapprove an application not later than the 150th day after the date the
application is filed, unless the economic impact evaluation has not been
received or an extension is agreed to by the governing body and the
applicant.
(d) Not later than the 90th day after the date the comptroller
receives the copy of the application, the comptroller shall:
(1) issue a
certificate for a limitation on appraised value of the property and provide
the certificate to the governing body of the school district or provide the
governing body a written explanation of the comptroller's decision not to
issue a certificate; and
(2) if requested by the governing body of the school district,
submit to the governing body a recommendation as to whether the new jobs
creation requirement should be reduced or waived and, if reduced, the
number of new jobs that should be required to be created.
(f-1) Notwithstanding any other provision of this chapter [to
the contrary, including Section 313.003(2) or 313.004(3)(A) or (B)(iii)],
the governing body of a school district may
waive or reduce the new jobs creation requirement in Section 313.021(2)(A)(iv)(b) or 313.051(b) only
[and approve an application] if the comptroller
determines [governing body makes a finding] that the jobs
creation requirement exceeds the industry standard for the number of
employees reasonably necessary for the operation of the facility of the
property owner that is described in the application and recommends waiving or reducing the
requirement.
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SECTION 1. Sections
313.025(b), (d), and (f-1), Tax Code, are amended to read as follows:
(b) The governing body of a
school district is not required to consider an application for a limitation
on appraised value. If the governing body of the school district elects to
consider an application, the governing body shall deliver a copy of the
application to the comptroller and request that the comptroller conduct an
economic impact evaluation of the investment proposed by the application.
The comptroller shall conduct
or contract with a third person to conduct the economic impact evaluation,
which shall be completed and provided to the governing body of the school
district, along with the comptroller's certificate or written explanation
under Subsection (d), as soon as
practicable but not later than the 60th [90th] day after the date the
comptroller receives the application. The governing body shall provide to
the comptroller or to a third person contracted by the comptroller to
conduct the economic impact evaluation any requested information. A
methodology to allow comparisons of economic impact for different schedules
of the addition of qualified investment or qualified property may be
developed as part of the economic impact evaluation. The governing body
shall provide a copy of the economic impact evaluation to the applicant on
request. The comptroller may charge the applicant a fee sufficient to cover
the costs of providing the economic impact evaluation. The governing body
of a school district shall approve or disapprove an application not later
than the 150th day after the date the application is filed, unless the
economic impact evaluation has not been received, the recommendation of the Texas Economic
Development and Tourism Office or its successor under Subsection (f-1), if
applicable, has not been received, or an extension is agreed to
by the governing body and the applicant.
(d) Not later than the 60th [90th]
day after the date the comptroller receives the copy of the
application, the comptroller shall issue a certificate for a limitation on
appraised value of the property and provide the certificate to the
governing body of the school district or provide the governing body a
written explanation of the comptroller's decision not to issue a
certificate.
(f-1)
The governing body of a school district may request that the Texas
Economic Development and Tourism Office or its successor submit a
recommendation as to whether the new jobs creation requirement in Section
313.021(2)(A)(iv)(b) or 313.051(b) should be reduced or waived and, if
reduced, the number of new jobs that should be required to be created. If
the governing body elects to request that the office or its successor
submit such a recommendation, the governing body shall deliver a copy of
the application to the office or its successor and shall notify the
comptroller of the governing body's election. The comptroller shall provide
a copy of the economic impact evaluation to the office or its successor.
The recommendation of the office or its successor shall be based on the
economic impact evaluation and on any other information available to the
office or its successor, including information provided by the governing
body. The office or its successor shall submit its recommendation to the
governing body as soon as practicable after receipt of the copy of the
economic impact evaluation but not later than the 30th day after the date
the office or its successor receives the copy of the economic impact
evaluation. The office or its successor may recommend waiving or reducing
[Notwithstanding any other provision of
this chapter to the contrary, including Section 313.003(2) or
313.004(3)(A) or (B)(iii), the governing
body of a school district may waive]
the new jobs creation requirement only [in
Section 313.021(2)(A)(iv)(b) or 313.051(b) and approve an
application] if the office or its
successor determines [governing body makes a finding]
that the jobs creation requirement exceeds the industry standard for the
number of employees reasonably necessary for the operation of the facility
of the property owner that is described in the application. Notwithstanding any other provision of this
chapter, the governing body may waive or reduce the new jobs creation
requirement, but only if the office or its successor recommends waiving or
reducing the requirement and only to the extent recommended by the office
or its successor.
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SECTION 2. Sections
313.026(a) and (b), Tax Code, are amended to read as follows:
(a) The economic impact
evaluation of the application must include any information the comptroller
determines is necessary or helpful to:
(1) the governing body of the
school district in determining whether to approve the application under
Section 313.025; or
(2) the comptroller in
determining whether to:
(A) issue a certificate
for a limitation on appraised value of the property under Section 313.025;
and
(B) if requested, submit a recommendation regarding waiver or
reduction of the new jobs creation requirement under Section 313.025.
(b) Except as provided by
Subsections (c) and (d), the comptroller's determination whether to issue a
certificate for a limitation on appraised value under this chapter for
property described in the application and whether to, if requested,
submit a recommendation regarding waiver or reduction of the new jobs
creation requirement shall be based on the economic impact evaluation
described by Subsection (a) and on any other information available to the
comptroller, including information provided by the governing body of the
school district.
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SECTION 2. Section
313.026(a), Tax Code, is amended to read as follows:
(a) The economic impact
evaluation of the application must include any information the comptroller
determines is necessary or helpful to:
(1) the governing body of the
school district in determining whether to approve the application under
Section 313.025; [or]
(2) the comptroller in
determining whether to issue a certificate for a limitation on appraised
value of the property under Section 313.025; or
(3) the Texas Economic Development and Tourism Office or its
successor in determining whether to recommend under Section 313.025 that
the new jobs creation requirement be waived or reduced, if such a
recommendation is requested.
No
equivalent provision.
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SECTION 3. Section
313.027(f), Tax Code, is amended to read as follows:
(f) In addition, the
agreement:
(1) must incorporate each
relevant provision of this subchapter and, to the extent necessary, include
provisions for the protection of future school district revenues through
the adjustment of the minimum valuations, the payment of revenue offsets,
and other mechanisms agreed to by the property owner and the school
district;
(2) may provide that the
property owner will protect the school district in the event the district
incurs extraordinary education-related expenses related to the project that
are not directly funded in state aid formulas, including expenses for the
purchase of portable classrooms and the hiring of additional personnel to
accommodate a temporary increase in student enrollment attributable to the
project;
(3) must require the property
owner to maintain a viable presence in the school district for at least
five years after the date the limitation on appraised value of the owner's
property expires;
(4) must provide for the
termination of the agreement, the recapture of ad valorem tax revenue lost
as a result of the agreement if the owner of the property fails to comply
with the terms of the agreement, and payment of a penalty or interest, or
both, on that recaptured ad valorem tax revenue;
(5) may specify any
conditions the occurrence of which will require the district and the
property owner to renegotiate all or any part of the agreement;
(6) must specify the ad
valorem tax years covered by the agreement; [and]
(7) must provide for the
recapture of ad valorem tax revenue lost as a result of the agreement if,
in the first tax year after the date the limitation on appraised value of
the owner's property expires, the market value of the property is less than
80 percent of the market value of the property in the first tax year after
the date the qualifying time period expires; and
(8) must be in a form
approved by the comptroller.
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No
equivalent provision.
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