Amend HB 3104 (senate committee report) as follows:
(1) In SECTION 1 of the bill, in added Section 151.3596(a), Tax Code (page 2, between lines 49 and 50), add the following appropriately numbered subdivision to the subsection and renumber the subdivisions of the subsection accordingly:
(__) "Virtual currency" has the meaning assigned by Section 12.001, Business & Commerce Code.
(2) In SECTION 1 of the bill, strike added Section 151.3596(a)(2)(B), Tax Code (page 1, lines 40 through 54), and substitute the following:
(B) is composed of one or more buildings:
(i) comprising at least 250,000 square feet of space;
(ii) located or to be located on contiguous or noncontiguous parcels of land;
(iii) that are commonly owned, owned by affiliation with the qualifying operator, or leased by a common qualifying operator; and
(iv) connected to each other:
(a) by fiber and associated equipment required for operating a fiber transmission network between data center buildings and upstream Internet peering points for the sole use of the qualifying occupant; and
(b) for the purpose of providing redundancy and resiliency for the data center services provided in each building;
(3) In SECTION 1 of the bill, strike added Section 151.3596(j), Tax Code (page 4, lines 36 through 40), and substitute the following:
(j) A connected data center project is not eligible to receive an exemption under this section if the connected data center project is:
(1) subject to an agreement limiting the appraised value of the connected data center's property under former Subchapter B or C, Chapter 313, or a substantially similar program that authorizes a temporary limit on the value of the connected data center's property for school district maintenance and operations ad valorem tax purposes; or
(2) used for the mining and staking of virtual currency.
(4) Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ___. Section 151.359(a), Tax Code, is amended by adding Subdivision (9) to read as follows:
(9) "Virtual currency" has the meaning assigned by Section 12.001, Business & Commerce Code.
SECTION ___. Section 151.359(k), Tax Code, is amended to read as follows:
(k) A data center is not eligible to receive an exemption under this section if the data center is:
(1) subject to an agreement limiting the appraised value of the data center's property under former Subchapter B or C, Chapter 313, or a substantially similar program that authorizes a temporary limit on the value of the data center's property for school district maintenance and operations ad valorem tax purposes; or
(2) used for the mining and staking of virtual currency.
SECTION ___. Section 151.3595(a), Tax Code, is amended by adding Subdivision (9) to read as follows:
(9) "Virtual currency" has the meaning assigned by Section 12.001, Business & Commerce Code.
SECTION ___. Section 151.3595(j), Tax Code, is amended to read as follows:
(j) A data center is not eligible to receive an exemption under this section if the data center is:
(1) subject to an agreement limiting the appraised value of the data center's property under former Subchapter B or C, Chapter 313, or a substantially similar program that authorizes a temporary limit on the value of the data center's property for school district maintenance and operations ad valorem tax purposes; or
(2) used for the mining and staking of virtual currency.
SECTION ___. Sections 151.359(k) and 151.3595(j), Tax Code, as amended by this Act, apply only to a data center or large data center project that applies to the comptroller for certification as a qualifying data center or qualifying large data center project on or after the effective date of this Act.
SECTION ___. The comptroller of public accounts may adopt rules necessary to implement and administer this Act.