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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of the compelling factor test within |
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the Texas Jobs, Energy, Technology, and Innovation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 403.609(b), Government Code, is amended |
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to read as follows: |
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Sec. 403.609. COMPTROLLER ACTION ON APPLICATION. (a) The |
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comptroller shall determine whether to recommend or not recommend |
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for approval an application submitted to the comptroller under |
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Section 403.607. The comptroller shall recommend an application |
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for approval if the comptroller makes the findings prescribed by |
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Subsection (b). The comptroller may not recommend an application |
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for approval if the comptroller is unable to make the findings |
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prescribed by that subsection. |
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(b) The comptroller may not recommend an application for |
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approval unless the comptroller finds that: |
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(1) the proposed project that is the subject of the |
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application is an eligible project; |
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(2) the proposed project is reasonably likely to |
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generate, before the 20th anniversary of the first day of the |
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construction period, state or local tax revenue, including ad |
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valorem tax revenue attributable to the effect of the project on the |
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economy of this state, in an amount sufficient to offset the school |
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district maintenance and operations ad valorem tax revenue lost as |
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a result of the agreement; |
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(3) for a project described by Section |
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403.602(8)(A)(i)(a), (c), (d) or (ii), the agreement is a |
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compelling factor in a competitive site selection determination and |
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that, in the absence of the agreement, the applicant would not make |
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the proposed investment in this state; and |
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(4) if the application indicates that the eligible |
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project is proposed to be located in a qualified opportunity zone, |
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the project is located in the zone. |
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(c) In making the finding required by Subsection (b)(3), the |
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comptroller shall consider factors related to the selection of the |
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proposed site for the project, including the workforce, the |
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regulatory environment, infrastructure, transportation, market |
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conditions, investment alternatives, and any specific incentive |
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information provided by the applicant related to other potential |
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sites. |
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(d) Not later than the 60th day after the date the |
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comptroller determines that an application is complete, the |
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comptroller shall take the action required by Subsection (a) |
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regarding the application and provide written notice of the action |
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to the governor, the school district in which the project is |
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proposed to be located, and the applicant. |
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(e) The comptroller shall send to the governor and the |
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applicable school district with the notice required by Subsection |
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(d) regarding an application recommended by the comptroller under |
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Subsection (a) a copy of the application and each document and item |
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of information the comptroller relied on to recommend the |
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application. |
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SECTION 2. This Act takes effect September 1, 2025. |