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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements for designation as a qualified |
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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 2303.401, Government Code, is amended to |
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read as follows: |
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Sec. 2303.401. DEFINITIONS. In this subchapter: |
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(1) "New permanent job" means any [a] new employment |
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position, regardless of title, that: |
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(A) is created by a qualified business as |
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described by Section 2303.402 at the qualified business site not |
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earlier than the 90th day before the date the business's project or |
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activity is designated as an enterprise project under this chapter; |
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(B) will provide or has provided for the duration |
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of the project's designation period at least 1,820 hours of |
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employment a year to a qualified employee; and |
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(C) will exist or has existed at the qualified |
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business site for [the longer of]: |
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(i) the duration of the project's |
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designation period; or |
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(ii) three years after the date on which a |
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state benefit is received as authorized by this chapter. |
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(2) "Retained job" means any employment position, |
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regardless of title, [a job] that: |
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(A) existed with a qualified business on the 91st |
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day before the date the business's project or activity is |
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designated as an enterprise project; |
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(B) has provided and will continue to provide |
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employment to a qualified employee of at least 1,820 hours |
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annually; and |
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(C) will be or has been an employment position |
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for [the longer of]: |
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(i) the duration of the project's |
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designation period; or |
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(ii) three years after the expiration date |
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of the claim period for receipt of a state benefit authorized by |
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this chapter. |
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SECTION 2. Section 2303.402(a), Government Code, is amended |
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to read as follows: |
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(a) 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 at least 25 percent of the |
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person's new permanent jobs in the enterprise zone are held by: |
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(A) residents of any enterprise zone in this |
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state; |
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(B) economically disadvantaged individuals; [or] |
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(C) veterans; or |
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(D) residents of any area in this state |
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designated by the federal government as an opportunity zone; 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 at least 35 percent of the person's new |
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permanent jobs at the qualified business site are held by: |
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(A) residents of any enterprise zone in this |
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state; |
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(B) individuals who are economically |
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disadvantaged; [or] |
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(C) veterans; or |
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(D) residents of any area in this state |
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designated by the federal government as an opportunity zone. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for an enterprise project designation under the |
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enterprise zone program established under Chapter 2303, Government |
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Code, as amended by this Act, that is submitted on or after the |
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effective date of this Act. An application for an enterprise |
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project designation under the enterprise zone program that is |
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submitted before the effective date of this Act is governed by the |
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law in effect on the date the application was submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |