By: Hunter, Meyer, Burrows, Shine, Longoria, H.B. No. 5

et al.

A BILL TO BE ENTITLED

AN ACT

relating to agreements authorizing a limitation on taxable value on certain property to provide for the creation of jobs and the generation of state and local tax revenue; authorizing fees; authorizing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 403, Government Code, is amended by adding Subchapter T to read as follows:

SUBCHAPTER T. AGREEMENTS TO CREATE JOBS AND GENERATE STATE AND

LOCAL TAX REVENUE

Sec. 403.601. PURPOSES. The purposes of this subchapter are to:

(1) create new, high-paying permanent jobs and construction jobs in this state;

(2) encourage financially positive economic development in this state;

(3) provide a temporary competitive economic incentive for attracting large-scale manufacturing projects to this state that, in the absence of this subchapter, would likely locate in another state or nation;

(4) strengthen the security and resource independence of this state and nation by encouraging energy and water infrastructure development, new and expanded electric power generation, and electric grid reliability projects;

(5) promote the relocation of offshore manufacturing facilities to this state;

(6) make this state a national and international leader in new and innovative technologies;

(7) encourage the establishment of advanced manufacturing industry sectors critical to national defense and health care;

(8) create new wealth, raise personal income, and foster long-term expansion of state and local tax bases;

(9) provide growing and sustainable economic opportunity for the residents of this state;

(10) incentivize the preceding objectives in a balanced, transparent, and accountable manner; and

(11) promote the creation of a qualified workforce by providing and developing apprenticeship training programs and workplace-based education in partnership with school districts.

Sec. 403.602. DEFINITIONS. In this subchapter:

(1) "Additional job" means a full-time job in connection with an eligible project that is not a required job for the same project.

(2) "Agreement" means an agreement entered into under Section 403.612.

(3) "Applicant" means a person that applies for, or enters into an agreement providing for, a limitation on the taxable value of eligible property used as part of an eligible project, including the person's assignees or successors-in-interest.

(4) "Appraised value," "tax year," and "taxing unit" have the meanings assigned by Section 1.04, Tax Code.

(5) "Construction completion date" means the date on which an eligible project is first capable of being used for the purposes for which it is constructed.

(6) "Construction job" means an otherwise full-time job that is temporary in nature and is performed before the start of the incentive period applicable to an eligible project to perform construction, maintenance, remodeling, or repair work for an applicant in connection with the project.

(7) "Construction period" means the period prescribed by an agreement as the construction period of the eligible project that is the subject of the agreement.

(8) "County average annual wage for manufacturing jobs" means:

(A) the average annual wage in a county for manufacturing jobs during the most recent four quarterly periods for which data is available at the time a person submits an application for a limitation on taxable value under this subchapter, as computed by the Texas Workforce Commission; or

(B) the average annual wage for manufacturing 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 submits an application for a limitation on taxable value under this subchapter, as computed by the Texas Workforce Commission.

(9) "Eligible project" means a project that:

(A) is a national or state security project or supply chain infrastructure project;

(B) is a manufacturing project; or

(C) requires an investment in a school district in this state of more than $1 billion.

(10) "Eligible property" means property, other than property used for intermittent power generation to supply electricity to the power grid, that is used as part of an eligible project that is wholly owned by an applicant or leased by an applicant under a capitalized lease and consists of:

(A) a new building or expansion of an existing building, including a permanent, nonremovable component of a building, that is:

(i) constructed after the date the agreement pertaining to the project is entered into; and

(ii) located in an area designated as a reinvestment zone under Chapter 311 or 312, Tax Code, or as an enterprise zone under Chapter 2303 of this code, at the time the agreement pertaining to the project is entered into; or

(B) tangible personal property, other than inventory, first located in the zone described by Paragraph (A)(ii) after the date the agreement pertaining to the project is entered into.

(11) "Full-time job" means a permanent full-time job that requires a total of at least 1,600 hours of work a year in connection with an eligible project.

(12) "Grid reliability project" means a project:

(A) that generates base load or dispatchable electricity for the power grid, including from thermal sources, or that provides stored energy to the power grid from batteries, regardless of power source;

(B) that increases the output capacity or reliability of an existing dispatchable electric power generation facility or that replaces dispatchable electric power generation assets to extend the useful life of the facility, including equipment that enables the use of multiple fuels;

(C) that creates or expands the capability to store fuel used by an electric power generation facility, regardless of whether the fuel is stored at the facility site;

(D) to produce hydrogen fuel or feed stock;

(E) that is a natural gas terminal or storage facility; or

(F) that is a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas.

(13) "Incentive period" for an eligible project means the period prescribed by the agreement pertaining to the project during which the eligible property used as part of the project is subject to a limitation on taxable value.

(14) "Independent contractor" has the meaning assigned by Section 406.121, Labor Code.

(15) "Investment" means the costs incurred by an applicant to acquire or construct eligible property composing an eligible project, other than the cost of land or inventory.

(16) "Manufacturing project" means a project primarily engaged in activities described by Sectors 31-33 of the 2022 North American Industry Classification System, including semiconductor fabrication cleanrooms and equipment as defined by Section 151.318(q), Tax Code.

(17) "Metropolitan statistical area" means an area so designated by the United States Office of Management and Budget.

(18) "National or state security project or supply chain infrastructure project" means:

(A) a grid reliability project; or

(B) a seawater or brackish groundwater desalination project.

(19) "Required job" means a job that an applicant commits to create or demonstrate in connection with an eligible project as prescribed by Section 403.604.

(20) "Total jobs" means the sum of required jobs and additional jobs in connection with an eligible project.

Sec. 403.603. EXPIRATION. This subchapter expires December 31, 2033.

Sec. 403.604. REQUIRED JOBS AND INVESTMENT. (a) This section does not apply to a national or state security project or supply chain infrastructure project.

(b) To be eligible to enter into an agreement, an applicant for a limitation on taxable value of eligible property to be used for a proposed eligible project must agree to:

(1) if the project is to be located in a school district with a taxable value of property of $10 billion or more for the tax year preceding the year in which the applicant submits the application as determined under Subchapter M:

(A) create at least 50 required jobs by the end of the first tax year of the incentive period prescribed by the agreement and demonstrate an average of at least that number of jobs during each following tax year until the date the agreement expires; and

(B) make an investment in the project in an amount of at least $100 million before the incentive period begins;

(2) if the project is to be located in a school district with a taxable value of property of at least $1 billion but less than $10 billion for the tax year preceding the year in which the applicant submits the application as determined under Subchapter M:

(A) create at least 40 required jobs by the end of the first tax year of the incentive period prescribed by the agreement and demonstrate an average of at least that number of jobs during each following tax year until the date the agreement expires; and

(B) make an investment in the project in an amount of at least $80 million before the incentive period begins;

(3) if the project is to be located in a school district with a taxable value of property of at least $500 million but less than $1 billion for the tax year preceding the year in which the applicant submits the application as determined under Subchapter M:

(A) create at least 25 required jobs by the end of the first tax year of the incentive period prescribed by the agreement and demonstrate an average of at least that number of jobs during each following tax year until the date the agreement expires; and

(B) make an investment in the project in an amount of at least $50 million before the incentive period begins;

(4) if the project is to be located in a school district with a taxable value of property of at least $100 million but less than $500 million for the tax year preceding the year in which the applicant submits the application as determined under Subchapter M:

(A) create at least 10 required jobs by the end of the first tax year of the incentive period prescribed by the agreement and demonstrate an average of at least that number of jobs during each following tax year until the date the agreement expires; and

(B) make an investment in the project in an amount of at least $25 million before the incentive period begins; or

(5) if the project is to be located in a school district with a taxable value of property of less than $100 million for the tax year preceding the year in which the applicant submits the application as determined under Subchapter M or in a school district that is not located in a metropolitan statistical area:

(A) create at least five required jobs by the end of the first tax year of the incentive period prescribed by the agreement and demonstrate an average of at least that number of jobs during each following tax year until the date the agreement expires; and

(B) make an investment in the project in an amount of at least $10 million before the incentive period begins.

(c) For purposes of Subsection (b), each required job created in connection with an eligible project:

(1) must be a new full-time job in this state:

(A) maintained in the usual course and scope of the applicant's business, which may be performed by an individual who is a trainee under the Texans Work program established under Chapter 308, Labor Code; or

(B) performed by an independent contractor and the independent contractor's employees at the site of the project; and

(2) may not be transferred by the applicant from an existing facility or location in this state or otherwise created to replace an existing job, unless the applicant fills the vacancy caused by the transfer.

(d) For purposes of Subsection (b), an applicant may count as a required job one construction job credit. An applicant is entitled to one construction job credit in connection with an eligible project for every 10 construction jobs created in connection with the project before the date the incentive period for the project begins. An applicant may elect to determine the number of construction jobs for purposes of this subsection as the quotient of:

(1) the total amount paid by the applicant for labor in connection with construction of the project before the incentive period for the project begins, as evidenced by:

(A) separated charges for labor services on contractor invoices; or

(B) other documentation from contractors of the cost of labor performed under lump-sum contracts; and

(2) the average annual wage for all jobs in the county in which the project is primarily located during the most recent four quarters for which data is available, as computed by the Texas Workforce Commission.

(e) For purposes of calculating the applicable number of required jobs under Subsection (b) in connection with an eligible project, an applicant may aggregate the number of hours worked by one or more individuals who work fewer than 1,600 hours a year in connection with the project if the number of hours worked by each of those individuals combined meets or exceeds 1,600 hours of work a year.

(f) For purposes of Subsection (b), an applicant may demonstrate that the applicant has met the applicable minimum investment requirement by any reasonable means. The applicant is considered to have met the applicable minimum investment requirement if the most recent appraisal roll for the county in which the eligible property is located indicates that the appraised value of the property composing the project as of January 1 of the first year of the incentive period is equal to or greater than the minimum investment requirement applicable to the project.

(g) In addition to the requirements of Subsection (b), an applicant for a limitation on taxable value of eligible property to be used for a proposed eligible project may:

(1) enter into an agreement with a school district in which the project is to be located to provide an apprenticeship and training program or other workplace-based education program, including as part of the district's foundation trade diploma program, if such a program is available at the district, to serve as an entry point to the jobs required to be created under this section; and

(2) invest not less than 25 percent of the amount the applicant is required to invest for a project under this section in a program described by Subdivision (1).

Sec. 403.605. TAXABLE VALUE OF ELIGIBLE PROPERTY. (a) Except as provided by Subsection (b), the taxable value for school district maintenance and operations ad valorem tax purposes of eligible property subject to an agreement for each tax year of the incentive period prescribed by the agreement is equal to:

(1) $100 million, if the project subject to the agreement is located in a school district with a taxable value of property of $10 billion or more for the tax year preceding the year in which the applicant submitted the application to which the agreement pertains as determined under Subchapter M;

(2) $75 million, if the project subject to the agreement is located in a school district with a taxable value of property of at least $1 billion but less than $10 billion for the tax year preceding the year in which the applicant submitted the application to which the agreement pertains as determined under Subchapter M;

(3) $50 million, if the project subject to the agreement is located in a school district with a taxable value of property of at least $500 million but less than $1 billion for the tax year preceding the year in which the applicant submitted the application to which the agreement pertains as determined under Subchapter M;

(4) $25 million, if the project subject to the agreement is located in a school district with a taxable value of property of at least $100 million but less than $500 million for the tax year preceding the year in which the applicant submitted the application to which the agreement pertains as determined under Subchapter M; or

(5) $5 million, if the project subject to the agreement is located in a school district with a taxable value of property of less than $100 million for the tax year preceding the year in which the applicant submitted the application to which the agreement pertains as determined under Subchapter M.

(b) The taxable value of eligible property for school district maintenance and operations ad valorem tax purposes for a tax year during the incentive period is the appraised value of the property for that tax year if that value is less than the value of the property as determined under Subsection (a).

(c) The taxable value of eligible property for school district maintenance and operations ad valorem tax purposes is zero for each tax year beginning with the tax year following the year in which the agreement pertaining to the property is entered into and ending December 31 of the tax year that includes the construction completion date for the applicable eligible project.

(d) The chief appraiser for the appraisal district in which eligible property is located shall determine the market value and appraised value of the property and include the market value, appraised value, and taxable value of the property as determined under this section in the appraisal records for the appraisal district.

(e) The chief appraiser for the appraisal district in which eligible property subject to an agreement is located may not use an estimated value included in the application to which the agreement pertains to determine the market value of the property.

Sec. 403.606. APPLICATION. (a) A person who proposes to construct an eligible project in a school district may apply to the governing body of the district to limit the taxable value for maintenance and operations ad valorem tax purposes of the district of the eligible property used as part of the proposed project.

(b) A person submitting an application under Subsection (a) must use the form prescribed by the comptroller. The form must contain the following information:

(1) the applicant's name, address, and Texas taxpayer identification number and the contact information for the applicant's authorized representative;

(2) the applicant's form of business and, if applicable, the name, address, and Texas taxpayer identification number of the applicant's parent entity;

(3) the applicable school district's name and address and the contact information for the district's authorized representative;

(4) the legal description of the property on which the project is proposed to be located and, if applicable, the address of the proposed project;

(5) the applicable number of required jobs prescribed by Section 403.604 for the proposed project;

(6) a list of each taxing unit in which the project is proposed to be located;

(7) a brief description of the proposed project, including the classification of the project as designated by the North American Industry Classification System;

(8) a brief description of the eligible property to be used as part of the proposed project;

(9) a projected timeline for construction and completion of the proposed project, including the projected dates on which construction will begin, construction will be completed, and commercial operations will start;

(10) the proposed incentive period;

(11) the name and location of the existing or proposed reinvestment zone or enterprise zone in which the proposed project will be located;

(12) a brief summary of the projected economic benefits of the proposed project; and

(13) the applicant's signature and certification of the accuracy of the information included in the application.

(c) The form prescribed by Subsection (b) must allow the applicant to segregate confidential information described by Section 403.622(a) from other information in the application.

(d) An applicant must include with an application the following:

(1) an application fee payable to the school district in an amount determined by the district not to exceed $60,000 for an initial application, inclusive of the costs of processing the application, retaining professional services, preparing the school finance impact report required by Section 403.608, and, if applicable, creating a reinvestment zone or enterprise zone;

(2) a map showing the site of the proposed project; and

(3) the economic benefit statement prepared under Section 403.607 in connection with the proposed project.

(e) A school district that receives an application under this section shall forward the application to the comptroller not later than the seventh day after the date the district receives the application.

(f) The comptroller may request that an applicant provide any additional information the comptroller reasonably determines is necessary to complete the comptroller's evaluation of the application. The comptroller may require an applicant to submit the additional information by a certain date and may extend that deadline on a showing of good cause. The comptroller is not required to take any further action on an application until it is complete.

(g) The comptroller shall notify an applicant and the pertinent school district when the applicant's application is administratively complete.

Sec. 403.607. ECONOMIC BENEFIT STATEMENT. (a) An applicant shall submit an economic benefit statement with the applicant's application.

(b) An economic benefit statement must include the following information for each year of the period that begins on the date the applicant projects construction of the proposed project that is the subject of the application will begin and ends on the 25th anniversary of the date the incentive period ends:

(1) an estimate of the number of total jobs that will be created by the project;

(2) an estimate of the total amount of capital investment that will be created by the project;

(3) an estimate of the increase in appraised value of property that will be attributable to the project;

(4) an estimate of the amount of ad valorem taxes that will be imposed by each taxing unit other than the school district on the property used as part of the project;

(5) an estimate of the amount of state taxes that will be paid in connection with the project; and

(6) an estimate of the associated economic benefits that may reasonably be attributed to the project, including:

(A) the impact on the gross revenues and employment levels of local businesses that provide goods or services in connection with the project or to the applicant's employees;

(B) the amount of state and local taxes that will be generated as a result of the indirect economic impact of the project, including all ad valorem taxes not otherwise estimated in Subdivision (4) that will be imposed on property placed into service as a result of the project;

(C) the development of complementary businesses or industries that locate in this state as a direct consequence of the project;

(D) the total impact of the project on the gross domestic product of this state;

(E) the total impact of the project on personal income in this state; and

(F) the total impact of the project on state and local taxes.

(c) An applicant may use standard economic estimation techniques, including economic multipliers, to create an economic benefit statement.

(d) The comptroller shall establish criteria for the methodology to be used by an applicant to create an economic benefit statement.

(e) The comptroller may require an applicant to supplement or modify an economic benefit statement to ensure the accuracy of the estimates required to be included in the statement under Subsection (b).

Sec. 403.608. SCHOOL FINANCE IMPACT REPORT. (a) A school district that receives an application under this subchapter shall promptly prepare a school finance impact report for the proposed project that is the subject of the application and submit a copy of the report to the comptroller and the applicant.

(b) A school finance impact report must detail the projected tax and revenue consequences for the school district of the proposed project for each year of the 25-year period beginning on the date the application is received by the district.

(c) A school finance impact report must include an estimate of the amount of ad valorem taxes imposed by the school district during the period described by Subsection (b) on the property used as part of the proposed project, together with all related property owned by the applicant or leased by the applicant under a capitalized lease and placed in service as a direct result of the project:

(1) for maintenance and operations purposes; and

(2) for interest and sinking fund purposes.

(d) A school finance impact report must include, for each year the agreement is proposed to be in effect, a calculation of any anticipated loss of funding, not including facilities funding, to the school district as a result of the agreement. The district shall make the calculations under this subsection in accordance with the law, including the constitution, Chapters 48 and 49, Education Code, and this chapter, rules, and judicial decisions governing school districts and the public school finance system in effect at the time the application is submitted.

(e) A school district that enters into an agreement shall update the school finance impact report applicable to the project that is the subject of the agreement not later than March 1 of the first year of the incentive period specified in the agreement. The district must submit a copy of the updated report to the comptroller and the applicant.

Sec. 403.609. COMPTROLLER DETERMINATION REGARDING APPLICATION. (a) The comptroller shall determine whether to recommend that a school district approve an application submitted to the district under this subchapter.

(b) The comptroller shall notify an applicant and a school district of the comptroller's determination under Subsection (a) regarding an application submitted to the district by the applicant not later than the 60th day after the date the comptroller determines the application is complete.

(c) The comptroller shall recommend that a school district approve an application submitted to the district if the comptroller finds that:

(1) the proposed project that is the subject of the application is an eligible project;

(2) the proposed project is reasonably likely to generate, before the 25th anniversary of the last day of the incentive period, state or local tax revenue, including ad valorem tax revenue attributable to the effect of the project on the economy of this state, in an amount sufficient to offset the school district maintenance and operations ad valorem tax revenue lost as a result of the agreement; and

(3) the agreement is a determining factor in the applicant's decision to make the investment and locate the project in this state.

(d) Subsection (c)(3) does not apply to an application if the proposed project that is the subject of the application is a grid reliability project.

Sec. 403.610. HEARING. (a) An applicant is entitled to a hearing if the comptroller determines not to recommend that the applicable school district approve an application submitted by the applicant to the district.

(b) A hearing under this section is a contested case hearing and shall be conducted by the State Office of Administrative Hearings in the manner provided by Section 2003.101.

(c) To receive a hearing under this section, an applicant must file a notice of appeal with the comptroller not later than the 30th day after the date the comptroller notifies the applicant of the comptroller's determination under Section 403.609. The comptroller's determination becomes final if the applicant does not file the notice of appeal as provided by this subsection.

(d) An applicant may seek judicial review of the comptroller's determination in a Travis County district court under the substantial evidence rule as provided by Subchapter G, Chapter 2001.

Sec. 403.611. SCHOOL DISTRICT ACTION ON APPLICATION. (a) The governing body of a school district shall approve or disapprove an application submitted to the district under this subchapter that the comptroller recommends be approved by the district. The governing body may approve an application only if the comptroller recommends the application be approved. The governing body shall approve or disapprove the application not later than the 35th day after the date the comptroller notifies the district of the comptroller's determination under Section 403.609. The governing body may extend the deadline prescribed by this subsection on written request of the applicant.

(b) If the governing body of the school district and the applicant agree on an amendment to the application, the amended application must be submitted to the comptroller for a redetermination regarding the application. The comptroller shall notify the applicant and school district of the comptroller's redetermination regarding the application not later than the 30th day after the date the comptroller receives the amended application.

(c) The presiding officer of the governing body of a school district shall notify the applicant and the comptroller of the governing body's approval or disapproval of an application not later than the seventh day after the date the governing body approves or disapproves the application.

(d) Except for a payment authorized by this subchapter, an employee or representative of a school district, a member of the governing body of the district, or any other person may not intentionally or knowingly solicit, accept, agree to accept, or require any payment of money or transfer of property or other thing of value, directly or indirectly, to the district, an employee or representative of the district, a member of the governing body of the district, or any other person in recognition of, anticipation of, or consideration for approval of an application under this section.

(e) Except for a payment authorized by this subchapter, an applicant, an employee or representative of the applicant, or any other person may not intentionally or knowingly offer, confer, agree to confer, or make a payment of money or transfer of property or other thing of value, directly or indirectly, to the school district, an employee or representative of the district, a member of the governing body of the district, or any other person in recognition of, anticipation of, or consideration for approval of an application under this section.

Sec. 403.612. AGREEMENT. (a) The governing body of a school district that approves an application under Section 403.611 shall enter into an agreement with the applicant that submitted the application.

(b) An agreement entered into under this section between an applicant and a school district for an eligible project shall:

(1) specify the project to which the agreement applies;

(2) specify the term of the agreement, which must:

(A) begin on the date the agreement is entered into; and

(B) end on December 31 of the third tax year following the end of the incentive period;

(3) specify the incentive period for the project;

(4) specify the manner for determining the taxable value for school district maintenance and operations ad valorem tax purposes during the incentive period under Section 403.605 for the eligible property subject to the agreement;

(5) specify the applicable jobs and investment requirements prescribed by Section 403.604 and require the applicant to comply with those requirements;

(6) if the applicant is subject to the jobs requirement prescribed by Section 403.604, require that the average annual wage paid to all persons employed by the applicant in connection with the project used to calculate total jobs, other than a required job derived from a construction job credit, exceed 110 percent of the county average annual wage for manufacturing jobs in the county where the job is located, with the applicant's average annual wage being equal to the quotient of:

(A) the applicant's total wages paid, other than wages paid for construction jobs, as reported under Section 403.617(c)(4); and

(B) the applicant's number of total jobs, other than a required job derived from a construction job credit, as reported under Section 403.617(c)(3);

(7) require the applicant to offer and contribute to a group health benefit plan for each employee who performs a required job;

(8) require the applicant to pay a penalty prescribed by Section 403.615 if the applicant fails to comply with an applicable jobs or wage requirement;

(9) authorize the district to terminate the agreement if the applicant fails to meet a material requirement of the agreement as provided by Subsection (e); and

(10) incorporate each relevant provision of this subchapter.

(c) An agreement entered into under this section between an applicant and a school district pertaining to an eligible project may:

(1) require the applicant to:

(A) either:

(i) share a percentage of the applicant's tax revenue savings with the district, as computed under Section 403.614; or

(ii) pay the district an amount specified in the agreement, which may not be less than $75,000 for each tax year during the incentive period; and

(B) if the agreement requires the applicant to share a percentage of the applicant's tax revenue savings under Paragraph (A)(i), specify the tax savings percentages required to compute the applicable tax sharing amount under Section 403.614;

(2) require the applicant to make an indemnity payment to the district as provided by Subsection (f);

(3) authorize the applicant to terminate the agreement as an alternative to making an indemnity payment to the district as provided by Subsection (f); and

(4) authorize the district to terminate the agreement as provided by Subsection (h).

(d) An agreement entered into under this section between an applicant and a school district pertaining to an eligible project may not require the applicant to make a payment to the district other than a payment prescribed by this subchapter.

(e) This subsection applies to a term described by Subsection (b)(9). The agreement must provide that the school district:

(1) is authorized to terminate the agreement if the applicant fails to meet a material requirement of the agreement, other than a requirement described by Section 403.614;

(2) may not terminate the agreement until the district provides written notice to the applicant of the proposed termination;

(3) must provide the applicant the opportunity to cure and dispute the alleged failure, including through judicial action; and

(4) is entitled to recover all lost ad valorem tax revenue from the project and interest on that amount calculated as provided by Section 111.060, Tax Code.

(f) This subsection applies only if an agreement includes a term described by Subsection (c)(2). In this subsection, a material change is a change that results in an indemnity payment calculated under this subsection for a tax year that is at least 10 percent of the amount of any anticipated loss of funding calculated for that tax year as specified in the updated school finance impact report required by Section 403.608(e). The agreement must require the applicant to make an indemnity payment to the school district for a tax year during the incentive period in which the district's revenue is reduced as a direct result of the enactment of legislation or a final judicial determination that results in a substantial change that affects the Foundation School Program, not including facilities funding, and directly affects an agreement resulting in a material change. The amount of the indemnity payment is equal to the difference between the amount of revenue the district would have received in that tax year had the legislation not been enacted, the constitution not been amended, or the final judicial determination not been made and the amount of revenue actually received by the district in that tax year. The agreement must provide that, as an alternative to making the indemnity payment, the applicant may elect to terminate the agreement by notifying the district in writing of the termination. An agreement terminated under this subsection is void, and all remaining obligations and benefits under the agreement and this subchapter terminate on the date the agreement is terminated. The agreement may not require the applicant to pay back any benefit the applicant received under the agreement before the date the agreement is terminated under this subsection.

(g) For purposes of Subsection (f), the Texas Education Agency shall determine whether a law enacted by the legislature or a final judicial determination results in a substantial change that affects the Foundation School Program, not including facilities funding, and directly affects an agreement resulting in a material change. If the agency makes a determination under this subsection related to an agreement, the agency shall establish the method the applicable school district must use to calculate the indemnity payment and certify the calculation made by the district.

(h) This subsection applies only if an agreement includes a term described by Subsection (c)(4). The agreement may authorize the school district to terminate the agreement under the circumstances described by Subsection (f) if the district determines that the indemnity payment made by the applicant would not fully reimburse the district as required by that subsection. The district must notify the applicant in writing of the termination. An agreement terminated under this subsection is void, and all remaining obligations and benefits under the agreement and this subchapter terminate on the date the agreement is terminated. The agreement may not require the applicant to pay back any benefit the applicant received under the agreement before the date the agreement is terminated under this subsection.

(i) An applicant and a school district may modify the terms of an agreement that do not materially modify the jobs or investment requirements prescribed by the agreement. The district may impose a fee of $15,000 for an amendment to an agreement.

(j) The school district shall append the economic benefit statement applicable to the project that is the subject of the agreement to the agreement.

(k) The school district shall submit each agreement entered into by the district to the comptroller not later than the seventh day after the date the agreement is entered into.

Sec. 403.613. INCENTIVE PERIOD. (a) An incentive period pertaining to an eligible project is the period specified in the agreement for the project, which must be a period of 10 consecutive tax years.

(b) An incentive period may not begin:

(1) earlier than January 1 of the first tax year following the construction completion date; or

(2) later than January 1 of the first tax year following the 10th anniversary of the date the agreement is entered into.

(c) Subject to Subsection (b), the beginning date of an incentive period specified in an agreement pertaining to an eligible project is deferred if the applicant does not satisfy the minimum investment requirement applicable to the project on or before the date the incentive period is specified to begin under the agreement. The incentive period is deferred until January 1 of the year following the year in which the applicant satisfies the investment requirement pertaining to the project. The deferral of an incentive period under this subsection does not affect the date on which the incentive period ends as prescribed by the agreement.

(d) Subject to Subsection (b), an applicant may propose to modify the beginning and ending dates of the incentive period as provided by this subsection. The applicant shall provide notice of the proposed modification to the comptroller and the school district not later than the 90th day before the first day of the incentive period specified in Section 403.612(b)(3) or as proposed to be modified, whichever is earlier. The applicant shall revise the most recent economic benefit statement as necessary to reflect the proposed change to the incentive period. The applicant must include the revised economic benefit statement with the notice provided to the comptroller and the district under this subsection. The comptroller shall make the finding required by Section 403.609(c)(2) regarding the project as proposed to be modified or determine that the finding cannot be made. The comptroller shall notify the applicant and the district of the comptroller's finding or determination not later than the 60th day after the date the comptroller receives notice from the applicant of the proposed modification. The applicant may appeal the comptroller's determination in the manner provided by Section 403.610. The incentive period for the project may not be modified if the comptroller determines that the finding required by Section 403.609(c)(2) regarding the project as proposed to be modified cannot be made or, if the determination is appealed, the applicant is not successful on appeal before the beginning of the original or modified incentive period, whichever is earlier.

Sec. 403.614. COMPUTATION OF TAX SHARING AMOUNT. (a) An applicant's tax revenue savings for eligible property that is subject to an agreement between the applicant and a school district is:

(1) for a tax year during the period prescribed by Section 403.605(c), an amount equal to the product of:

(A) the amount computed by dividing the appraised value of the property for that tax year by 100; and

(B) the maintenance and operations ad valorem tax rate adopted by the district for that tax year; and

(2) for a tax year during the incentive period prescribed by the agreement, an amount equal to the product of:

(A) the amount computed by:

(i) subtracting the taxable value of the property as determined under Section 403.612(b)(4) from the appraised value of the property for that tax year; and

(ii) dividing the amount computed under Paragraph (A) by 100; and

(B) the maintenance and operations ad valorem tax rate adopted by the district for that tax year.

(b) An applicant's tax sharing amount for a tax year during the period described by Subsection (a)(1) is equal to 20 percent of the applicant's tax revenue savings as computed under that subdivision for that tax year.

(c) An applicant's tax sharing amount for a tax year during the period described by Subsection (a)(2) in which the applicant's tax revenue savings as computed under that subdivision is:

(1) $3 million or less is the amount equal to the product of the amount computed under Subsection (a)(2) and the applicable tax savings percentage specified in the agreement between the applicant and the school district, which may not exceed 30 percent;

(2) more than $3 million but less than $7 million is the amount equal to the sum of the following amounts:

(A) the product of:

(i) $3 million; and

(ii) the applicable tax savings percentage specified in the agreement, which may not exceed 30 percent; and

(B) the product of:

(i) the difference between the amount computed under Subsection (a)(2) and $3 million; and

(ii) the applicable tax savings percentage specified in the agreement, which may not exceed 20 percent; and

(3) $7 million or more is the amount equal to the sum of the following amounts:

(A) the product of:

(i) $3 million; and

(ii) the applicable tax savings percentage specified in the agreement, which may not exceed 30 percent;

(B) the product of:

(i) $4 million; and

(ii) the applicable tax savings percentage specified in the agreement, which may not exceed 20 percent; and

(C) the product of:

(i) the difference between the amount computed under Subsection (a)(2) and $7 million; and

(ii) the applicable tax savings percentage specified in the agreement, which may not exceed 10 percent.

Sec. 403.615. FAILURE TO COMPLY WITH JOBS OR WAGE REQUIREMENT. (a) An applicant is liable to the state for a penalty in the amount computed under this subsection if the applicant fails to maintain at least the number of required jobs prescribed by the agreement to which the applicant is a party during the periods covered by two consecutive reports submitted by the applicant under Section 403.617. The amount of the penalty is equal to 2.5 times the product of:

(1) the difference between:

(A) the number of required jobs prescribed by the agreement; and

(B) the number of required jobs actually created as stated in the most recent report submitted by the applicant under Section 403.617; and

(2) the average annual wage prescribed by the agreement during the most recent four quarters for which data is available, as computed by the Texas Workforce Commission.

(b) An applicant is liable to the state for a penalty in the amount computed under this subsection if the applicant fails to meet the average annual wage requirement prescribed by the agreement to which the applicant is a party, if any, during the periods covered by two consecutive reports submitted by the applicant under Section 403.617. The amount of the penalty is equal to 2.5 times the difference between:

(1) the product of:

(A) the actual average annual wage paid to all persons employed by the applicant in connection with the project that is the subject of the agreement as computed under Section 403.612(b)(6); and

(B) the number of required jobs prescribed by the agreement; and

(2) the product of:

(A) the average annual wage prescribed by the agreement; and

(B) the number of required jobs prescribed by the agreement.

(c) Notwithstanding Subsections (a) and (b), the amount of a penalty imposed on an applicant under this section may not exceed the amount of the ad valorem tax benefit received by the applicant under the agreement that is the subject of the penalty.

(d) An applicant on request of the comptroller shall provide to the comptroller a schedule of required jobs created as of the date of the request under an agreement to which the applicant is a party.

(e) A determination by the comptroller that an applicant has failed to meet the jobs or wage requirement prescribed by an agreement to which the applicant is a party is a deficiency determination under Section 111.008, Tax Code. A penalty imposed under this section is an amount the comptroller is required to collect, receive, administer, or enforce, and is subject to the payment and redetermination requirements of Sections 111.0081 and 111.009, Tax Code. A redetermination under Section 111.009, Tax Code, of a determination under this section is a contested case as defined by Section 2001.003 of this code.

(f) An applicant may challenge under Subchapters A and B, Chapter 112, Tax Code, a determination under this section that imposes a penalty on the applicant if the applicant contends that the amount of the penalty is unlawful or that the comptroller may not legally demand or collect the amount.

(g) The comptroller shall deposit the amount collected under this section, including any interest applicable to the amount, to the credit of the foundation school fund.

Sec. 403.616. AUDIT OF AGREEMENTS BY STATE AUDITOR. (a) Each year the state auditor shall select and review at least three major agreements to determine whether:

(1) each agreement accomplishes the purposes of this subchapter as expressed in Section 403.601; and

(2) the terms of each agreement were executed in compliance with the terms of this subchapter.

(b) As part of the review, the state auditor shall make recommendations relating to increasing the efficiency and effectiveness of the administration of this subchapter.

Sec. 403.617. ANNUAL COMPLIANCE REPORT BY APPLICANT. (a) An applicant that is a party to an agreement shall submit a report to the comptroller as required by this section using the form adopted by the comptroller.

(b) An applicant must submit a report required by this section to the comptroller not later than June 1 of each year during the term of the agreement that is the subject of the report.

(c) A report required by this section must include the following documents and information applicable to the agreement that is the subject of the report:

(1) a certification by the applicant that is a party to the agreement that the applicant has met the jobs and investment requirements prescribed by the agreement, which must include:

(A) a sworn affidavit stating:

(i) the number of required jobs prescribed by the agreement;

(ii) the number of total jobs created under the agreement as of December 31 of the preceding year, including the number of total jobs for each category of required jobs; and

(iii) the name and contact information of each person who employs a person described by Subparagraph (ii), other than the applicant or the applicant's affiliates;

(B) if applicable, payroll records maintained for purposes of 40 T.A.C. Chapter 815; and

(C) if applicable, evidence of the number of construction jobs created and construction job credits counted by the applicant as a required job;

(2) the number assigned to the application by the comptroller for the agreement, name of the applicant, name of the school district, and name of and contact information for the applicant's representative;

(3) the number of total jobs, not including construction job credits counted by the applicant as a required job, created by the project in the preceding year;

(4) the total wages paid for total jobs, not including wages paid for construction jobs, in the preceding year;

(5) the number of construction jobs created as determined under Section 403.604(d);

(6) the total amount of the applicant's investment, including any additional amount invested by the applicant after the incentive period begins;

(7) the appraised value of all property composing the project for each previous tax year of the agreement;

(8) the taxable value of all property composing the project for each previous tax year of the agreement;

(9) the amount of school district maintenance and operations ad valorem taxes imposed on the property composing the project and paid by the applicant for each previous tax year of the agreement;

(10) the amount of school district interest and sinking fund ad valorem taxes imposed on the property composing the project and paid by the applicant for each previous tax year of the agreement;

(11) the amount of school district ad valorem taxes that would have been imposed on the property composing the project and paid by the applicant in the absence of the agreement for each previous tax year of the agreement;

(12) the amount of payments made by the applicant to the school district as prescribed by the agreement for each previous tax year of the agreement, listed by type of payment; and

(13) the amount of ad valorem taxes imposed on the property composing the project by each taxing unit other than the school district and paid by the applicant for each previous tax year of the agreement, stated by taxing unit.

(d) This subsection applies only to a report required to be submitted under this section by an applicant for the period that includes the first year of the incentive period as prescribed by the agreement that is the subject of the report or as deferred. In addition to the documents and information described by Subsection (c), the applicant must include with the certification required by Subsection (c)(1):

(1) a list of the property tax account numbers assigned to the property composing the project;

(2) the current total appraised value of the property composing the project; and

(3) if applicable, a statement that the incentive period was deferred because the applicant did not meet the minimum investment requirement prescribed by the agreement before the date specified in the agreement.

Sec. 403.618. SCHOOL DISTRICT REPORT. (a) A school district that is a party to an agreement must submit a report to the comptroller as prescribed by this section.

(b) A school district must submit the report not later than June 1 of each even-numbered year:

(1) beginning in the first even-numbered year following the year in which the governing body of the district approves the application for the project that is the subject of the agreement; and

(2) ending in the last even-numbered year before the third anniversary of the expiration of the incentive period prescribed by the agreement.

(c) The report must include:

(1) the total amount received from the applicant under the agreement for each previous year;

(2) the total amount of any other direct or indirect benefit received from the applicant for each previous year, including an in-kind contribution; and

(3) the purposes for which the payments and benefits were used by the school district.

Sec. 403.619. BIENNIAL REPORT TO LEGISLATURE. (a) The comptroller shall submit to the lieutenant governor, the speaker of the house of representatives, and each other member of the legislature a report on the agreements entered into under this subchapter. The comptroller must submit the report not later than December 1 of each even-numbered year.

(b) The report must include:

(1) an assessment of the following with regard to the agreements entered into under this subchapter, considered in the aggregate:

(A) the total number of jobs created in this state;

(B) the total effect on personal income in this state;

(C) the total amount of investment in this state;

(D) the total taxable value of property on the tax rolls in this state resulting from the agreements, including property subject to an agreement that has expired;

(E) the total value of property subject to agreements that have not expired; and

(F) the total fiscal effect resulting from the agreements on this state and on local governments in this state; and

(2) an assessment of each agreement entered into under this subchapter that states for each agreement:

(A) the number of required jobs prescribed by the agreement;

(B) the number of jobs actually created under the agreement, including:

(i) each job described by Section 403.604(c)(1)(A);

(ii) each job described by Section 403.604(c)(1)(B);

(iii) each construction job credit described by Section 403.604(d) counted by an applicant as a required job; and

(iv) any additional jobs created or maintained in connection with the project that is the subject of the agreement, if reported by the applicant;

(C) the number of total jobs created under the agreement, if the term of the agreement has expired;

(D) the amount of the investment specified by the agreement;

(E) the amount of the actual investment made for the applicable project before the expiration of the agreement;

(F) the difference between the amount of ad valorem taxes that would have been imposed on the property composing the applicable project in the absence of the agreement and the amount of ad valorem taxes actually imposed on that property during the term of the agreement;

(G) the total amount of state and local tax revenue attributable to the applicable project during the term of the agreement;

(H) the total amount received by the school district from the applicant under the agreement for each previous year;

(I) the total amount of any other direct or indirect benefit received by the district from the applicant for each previous year, including an in-kind contribution; and

(J) the purposes for which the payments and benefits described by Paragraphs (H) and (I) were used by the district.

(c) The comptroller may not include in the report information that is confidential under law.

(d) The comptroller may use standard economic estimation techniques, including economic multipliers, to prepare the portion of the report described by Subsection (b)(1).

(e) The comptroller may require an applicant to submit information required to complete the report on a form prescribed by the comptroller.

Sec. 403.620. CONFLICT OF INTEREST. A person may not, directly or indirectly, represent, advise, or provide a service to both an applicant and a school district in connection with the same application submitted or agreement entered into under this subchapter.

Sec. 403.621. TREATMENT OF PAYMENTS TO SCHOOL DISTRICTS. A payment by an applicant to a school district under this subchapter other than a payment of ad valorem taxes imposed by the district may not be treated as tax revenue collected by the district for any purpose under Chapter 48 or 49, Education Code.

Sec. 403.622. CONFIDENTIALITY OF CERTAIN BUSINESS INFORMATION. (a) Information provided to a school district or the comptroller by an applicant under this subchapter that is a trade secret, as defined by Section 134A.002, Civil Practice and Remedies Code, is confidential and not subject to disclosure under Chapter 552.

(b) Payroll records reported under Section 403.617(c)(1)(A) or (B) by an applicant to the comptroller are confidential and not subject to disclosure under Chapter 552.

Sec. 403.623. INTERNET POSTING OF INFORMATION. (a) Subject to Section 403.622, the comptroller shall post on the comptroller's Internet website the following information received by the comptroller:

(1) each application submitted under this subchapter;

(2) each map and economic benefit statement required to be submitted with an application under this subchapter;

(3) each amendment to an application made under this subchapter;

(4) each agreement entered into under this subchapter; and

(5) each biennial compliance report submitted as required under this subchapter.

(b) Except as provided by Subsection (c), the comptroller shall post the information described by Subsection (a) as soon as practicable after the date the comptroller receives the information.

(c) The comptroller shall post the information described by Subsections (a)(1), (2), and (3) not later then the 10th business day after the date the comptroller receives the information.

(d) The comptroller shall continue to post the information required by this section until the date the agreement to which the information relates expires.

Sec. 403.624. RULES AND FORMS. (a) The comptroller shall adopt rules necessary to implement and administer this subchapter, including rules for:

(1) determining whether an applicant meets the jobs and investment requirements prescribed by Section 403.604; and

(2) authorizing an applicant or school district to submit any form or information required by this subchapter electronically.

(b) The comptroller shall adopt forms necessary to implement and administer this subchapter, including the forms to be used by:

(1) an applicant under Section 403.606;

(2) an applicant under Section 403.617; and

(3) a school district under Section 403.618.

(c) The comptroller shall provide without charge one copy of the rules and forms adopted under this section to any person who states that the person intends to submit an application to a school district under this subchapter to limit the taxable value of eligible property used as part of an eligible project.

SECTION 2. Section 48.2551(a), Education Code, is amended to read as follows:

(a) In this section:

(1) "DPV" is the taxable value of property in the school district, as determined by the agency by rule, using locally determined property values adjusted in accordance with Section 403.302(d), Government Code;

(2) "E" is the expiration of the exclusion of appraised property value for the preceding tax year that is recognized as taxable property value for the current tax year, which is the sum of the following:

(A) property value that is no longer subject to a limitation on appraised value under former Subchapter B or C, Chapter 313, Tax Code, or a limitation on taxable value under Subchapter T, Chapter 403, Government Code; and

(B) property value under Section 311.013(n), Tax Code, that is no longer excluded from the calculation of "DPV" from the preceding year because of refinancing or renewal after September 1, 2019;

(3) "MCR" is the district's maximum compressed rate, which is the tax rate for the current tax year per $100 of valuation of taxable property at which the district must levy a maintenance and operations tax to receive the full amount of the tier one allotment to which the district is entitled under this chapter;

(4) "PYDPV" is the district's value of "DPV" for the preceding tax year; and

(5) "PYMCR" is the district's value of "MCR" for the preceding tax year.

SECTION 3. Section 48.256, Education Code, is amended by amending Subsections (d) and (e) and adding Subsection (d-1) to read as follows:

(d) This subsection applies to a school district in which the board of trustees entered into a written agreement with a property owner [under Section 313.027, Tax Code,] for the implementation of a limitation on taxable [appraised] value under Subchapter T, Chapter 403, Government [B or C, Chapter 313, Tax] Code. For purposes of determining "DPV" under Subsection (a) for a school district to which this subsection applies, the commissioner shall exclude a portion of the market value of property not otherwise fully taxable by the district under Subchapter T, Chapter 403, Government [B or C, Chapter 313, Tax] Code[, before the expiration of the subchapter]. The comptroller shall provide information to the agency necessary for this subsection.

(d-1) Subsection (d) applies to an agreement for the implementation of a limitation on appraised value under former Subchapter B or C, Chapter 313, Tax Code, that was in effect on January 1, 2023, in the same manner as that subsection applies to an agreement described by that subsection. If the agreement for the limitation on appraised value requires a [A] revenue protection payment to the school district, the payment [required as part of an agreement for a limitation on appraised value] shall be based on the district's taxable value of property for the preceding tax year.

(e) Subsection (d-1) [(d)] does not apply to property that was the subject of an application under former Subchapter B or C, Chapter 313, Tax Code, made after May 1, 2009, that the comptroller recommended should be disapproved.

SECTION 4. Section 2303.507, Government Code, is amended to read as follows:

Sec. 2303.507. TAX INCREMENT FINANCING AND ABATEMENT; LIMITATIONS ON APPRAISED AND TAXABLE VALUE. Designation of an area as an enterprise zone is also designation of the area as a reinvestment zone for:

(1) tax increment financing under Chapter 311, Tax Code;

(2) tax abatement under Chapter 312, Tax Code; [and]

(3) limitations on appraised value under former Subchapter B or C, Chapter 313, Tax Code; and

(4) limitations on taxable value under Subchapter T, Chapter 403, of this code.

SECTION 5. Section 23.03, Tax Code, is amended to read as follows:

Sec. 23.03. COMPILATION OF LARGE PROPERTIES AND PROPERTIES SUBJECT TO LIMITATION ON APPRAISED OR TAXABLE VALUE. Each year the chief appraiser shall compile and send to the Texas [Department of] Economic Development and Tourism Office a list of properties in the appraisal district that in that tax year:

(1) have a market value of $100 million or more; [or]

(2) are subject to a limitation on appraised value under former Subchapter B or C, Chapter 313; or

(3) are subject to a limitation on taxable value under Subchapter T, Chapter 403, Government Code.

SECTION 6. Section 26.012(6), Tax Code, is amended to read as follows:

(6) "Current total value" means the total taxable value of property listed on the appraisal roll for the current year, including all appraisal roll supplements and corrections as of the date of the calculation, less the taxable value of property exempted for the current tax year for the first time under Section 11.31 or 11.315, except that:

(A) the current total value for a school district excludes:

(i) the total value of homesteads that qualify for a tax limitation as provided by Section 11.26; [and]

(ii) new property value of property that is subject to an agreement entered into under former Subchapter B or C, Chapter 313; and

(iii) new property value of property that is subject to an agreement entered into under Subchapter T, Chapter 403, Government Code; and

(B) the current total value for a county, municipality, or junior college district excludes the total value of homesteads that qualify for a tax limitation provided by Section 11.261.

SECTION 7. Section 171.602(f), Tax Code, is amended to read as follows:

(f) The comptroller may not issue a credit under this section before the later of:

(1) [September 1, 2018; or

[(2)] the expiration of an agreement under former Subchapter B or C, Chapter 313, regarding the clean energy project for which the credit is issued; or

(2) the expiration of an agreement under Subchapter T, Chapter 403, Government Code, regarding the clean energy project for which the credit is issued.

SECTION 8. Section 312.0025(a), Tax Code, is amended to read as follows:

(a) Notwithstanding any other provision of this chapter to the contrary, the governing body of a school district, in the manner required for official action and for purposes of former Subchapter B or C, Chapter 313, of this code or Subchapter T, Chapter 403, Government Code, may designate an area entirely within the territory of the school district as a reinvestment zone if the governing body finds that, as a result of the designation and the granting of a limitation on appraised value under former Subchapter B or C, Chapter 313, of this code or the granting of a limitation on taxable value under Subchapter T, Chapter 403, Government Code, for property located in the reinvestment zone, the designation is reasonably likely to:

(1) contribute to the expansion of primary employment in the reinvestment zone; or

(2) attract major investment in the reinvestment zone that would:

(A) be a benefit to property in the reinvestment zone and to the school district; and

(B) contribute to the economic development of the region of this state in which the school district is located.

SECTION 9. It is the intent of the legislature that the amendment made by this Act to Section 48.2551, Education Code, ensures that school district maintenance and operations ad valorem tax revenue generated by the increase in taxable value of property following the expiration of an agreement for a limitation on taxable value of the property under Subchapter T, Chapter 403, Government Code, as added by this Act, is considered in the computation of the maximum compressed rate under Section 48.2551, Education Code, and voter-approval tax rate under Section 26.08, Tax Code, of the school district that is a party to the expired agreement.

SECTION 10. This Act takes effect March 1, 2024.