By: King S.B. No. 2322
 
  (Button, Smithee, Plesa, Bell of Kaufman, Longoria)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the findings required to be made by the comptroller of
  public accounts in order to recommend for approval an application
  for a limitation on the taxable value of eligible property for
  school district maintenance and operations ad valorem tax purposes
  under the Texas Jobs, Energy, Technology, and Innovation Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 403.609(b), Government Code, as added by
  Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
  Session, 2023, is amended to read as follows:
         (b)  The comptroller may not recommend an application for
  approval unless 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 20th anniversary of the first day of the
  construction 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;
               (3)  for a proposed project other than a facility
  described by Section 403.602(8)(A)(i)(b), the agreement is a
  compelling factor in a competitive site selection determination and
  that, in the absence of the agreement, the applicant would not make
  the proposed investment in this state; and
               (4)  if the application indicates that the eligible
  project is proposed to be located in a qualified opportunity zone,
  the project is located in the zone.
         SECTION 2.  The change in law made by this Act applies only
  to an agreement entered into under Subchapter T, Chapter 403,
  Government Code, as added by Chapter 377 (H.B. 5), Acts of the 88th
  Legislature, Regular Session, 2023, pursuant to an application
  submitted under that subchapter on or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect September 1, 2025.