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Amend CSHB 3143 (senate committee report) as follows:
(1) In SECTION 8 of the bill, in the transition language (page 2, line 17), strike "Sections 312.207(c) and (d) and 312.404, Tax Code, as added" and substitute "Sections 312.205(a) and (c), 312.207(c) and (d), and 312.404, Tax Code, as added or amended".
(2) Add the following appropriately numbered SECTION to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ____. Section 312.205, Tax Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:
(a) An agreement made under Section 312.204 or 312.211 must:
(1) list the kind, number, and location of all proposed improvements of the property;
(2) provide access to and authorize inspection of the property by municipal employees to ensure that the improvements or repairs are made according to the specifications and conditions of the agreement;
(3) limit the uses of the property consistent with the general purpose of encouraging development or redevelopment of the zone during the period that property tax exemptions are in effect;
(4) provide for recapturing property tax revenue lost as a result of the agreement if the owner of the property fails to make the improvements or repairs as provided by the agreement;
(5) provide for the creation of at least:
(A) 25 new qualifying jobs; or
(B) 10 new qualifying jobs if the property subject to the agreement is located in a county with a population of less than 50,000;
(6) require recapture of all or a portion of property tax revenue lost as a result of the agreement if the owner of the property fails to create all or a portion of the number of new qualifying jobs provided by the agreement;
(7) contain each term agreed to by the owner of the property;
(8) [(6)] require the owner of the property to certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term of the agreement; and
(9) [(7)] provide that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement.
(c) In this section:
(1) "County average weekly wage for all jobs" means:
(A) the average weekly wage in a county for all jobs during the most recent four quarterly periods for which data is available at the time a person enters into a tax abatement agreement under this subchapter, as computed by the Texas Workforce Commission; or
(B) the average weekly wage for all jobs in the region designated for the regional planning commission, council of governments, or similar regional planning agency created under Chapter 391, Local Government Code, in which the county is located during the most recent four quarterly periods for which data is available at the time a person enters into a tax abatement agreement under this subchapter, as computed by the Texas Workforce Commission.
(2) "Qualifying job" means a permanent full-time job that:
(A) requires at least 1,600 hours of work a year;
(B) is not transferred from one area in this state to another area in this state;
(C) is not created to replace a previous employee;
(D) is covered by a group health benefit plan for which the business offers to pay at least 80 percent of the premiums or other charges assessed for employee-only coverage under the plan, regardless of whether an employee may voluntarily waive the coverage; and
(E) pays at least 110 percent of the county average weekly wage for all jobs in the county where the job is located, if the county has an unemployment rate that is not above the state average at the time a person enters into a tax abatement agreement.