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A BILL TO BE ENTITLED
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AN ACT
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relating to the periodic evaluation of certain exemptions from |
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property taxes and state taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Section 403.0143 to read as follows: |
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Sec. 403.0143. EVALUATION OF AND REPORT ON EXEMPTIONS FROM |
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PROPERTY AND STATE TAXES. (a) In this section, "exemption" |
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includes: |
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(1) an exemption that is provided by the manner in |
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which a term is defined in Subchapter A, Chapter 151, Tax Code; and |
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(2) an exemption provided by Chapter 162, Tax Code, |
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from the taxes imposed by that chapter. |
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(b) The comptroller shall periodically evaluate each |
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exemption provided by Chapters 11, 151, 152, 162, 171, 201, and 202, |
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Tax Code, from the taxes imposed by those chapters. |
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(c) The comptroller shall conduct the evaluation required |
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by Subsection (b) according to a schedule that the comptroller |
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adopts. The schedule must provide for the comptroller to evaluate |
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each tax exemption at an interval not to exceed six years. The |
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comptroller shall provide the schedule to the governor, lieutenant |
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governor, speaker of the house of representatives, and presiding |
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officers of the senate finance committee and the house ways and |
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means committee. |
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(d) The comptroller's evaluation of each tax exemption |
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must: |
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(1) include an evaluation of the exemption's effect |
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on: |
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(A) revenue received from taxes imposed by the |
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chapter providing the exemption; |
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(B) the entities that receive the exemption; |
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(C) sales of property, goods, and services made |
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in this state, where applicable; and |
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(D) economic investment and growth in this state; |
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(2) take into account any other factors the |
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comptroller considers relevant in evaluating the exemption; |
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(3) consider whether retaining the exemption is in the |
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public's best interest; and |
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(4) make recommendations relating to the exemption |
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based on the evaluation. |
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(e) At each regular legislative session, the comptroller |
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shall present to the legislature and the governor a report on the |
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evaluation and recommendations the comptroller makes under |
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Subsection (d). The report must include drafts of any legislation |
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needed to carry out the comptroller's recommendations under that |
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subsection. |
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(f) The evaluation described by this section does not apply |
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to a tax exemption that is: |
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(1) explicitly provided by the constitution of this |
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state; or |
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(2) for an item or service that this state is unable to |
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tax under the United States Constitution or federal law. |
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SECTION 2. The comptroller of public accounts shall adopt a |
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schedule for evaluating exemptions from property taxes and state |
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taxes as provided by Section 403.0143, Government Code, as added by |
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this Act, on or before January 1, 2016. |
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SECTION 3. This Act takes effect immediately if it receives |
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a 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, 2015. |