77R13527 E                           
         By Brimer, Oliveira, Swinford, McCall,                H.B. No. 1200
            Telford, et al.
         Substitute the following for H.B. No. 1200:
         By Oliveira                                       C.S.H.B. No. 1200
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the enactment of the Texas Economic Development Act,
 1-3     authorizing certain ad valorem tax incentives for economic
 1-4     development, including authorizing school districts to provide tax
 1-5     relief for certain corporations and limited liability companies
 1-6     that make large investments that create jobs in this state, to
 1-7     authorizing the imposition of certain impact fees, and to
 1-8     continuing the Property Redevelopment and Tax Abatement Act.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1. Subtitle B, Title 3, Tax Code, is amended by
1-11     adding Chapter 313 to read as follows:
1-12                CHAPTER 313.  TEXAS ECONOMIC DEVELOPMENT ACT
1-13                      SUBCHAPTER A. GENERAL PROVISIONS
1-14           Sec. 313.001.  SHORT TITLE. This chapter may be cited as the
1-15     Texas Economic Development Act.
1-16           Sec. 313.002.  FINDINGS. The legislature finds that:
1-17                 (1)  many states have enacted aggressive economic
1-18     development laws designed to attract large employers, create jobs,
1-19     and strengthen their economies;
1-20                 (2)  the State of Texas has slipped in its national
1-21     ranking each year between 1993 and 2000 in terms of attracting
1-22     major new manufacturing facilities to this state;
1-23                 (3)  a significant portion of the Texas economy
1-24     continues to be based in the manufacturing industry, and the
 2-1     continued growth and overall health of the manufacturing sector
 2-2     serves the Texas economy well;
 2-3                 (4)  without a vibrant, strong manufacturing sector,
 2-4     other sectors of the economy, especially the state's service
 2-5     sector, will also suffer adverse consequences; and
 2-6                 (5)  the current property tax system of this state does
 2-7     not favor capital-intensive businesses such as manufacturers.
 2-8           Sec. 313.003.  PURPOSES. The purposes of this chapter are
 2-9     to:
2-10                 (1)  encourage large-scale capital investments in this
2-11     state, especially in school districts that have an ad valorem tax
2-12     base that is less than the statewide average ad valorem tax base of
2-13     school districts in this state;
2-14                 (2)  create new, high-paying jobs in this state;
2-15                 (3)  attract to this state new, large-scale businesses
2-16     that are exploring opportunities to locate in other states or other
2-17     countries;
2-18                 (4)  enable local government officials and economic
2-19     development professionals to compete with other states by
2-20     authorizing economic development incentives that meet or exceed
2-21     incentives being offered to prospective employers by other states
2-22     and to provide local officials with an effective means to attract
2-23     large-scale investment;
2-24                 (5)  strengthen and improve the overall performance of
2-25     the economy of this state;
2-26                 (6)  expand and enlarge the ad valorem property tax
2-27     base of this state; and
 3-1                 (7)  enhance this  state's economic development efforts
 3-2     by providing school districts with an effective local economic
 3-3     development option.
 3-4           Sec. 313.004.  LEGISLATIVE INTENT. It is the intent of the
 3-5     legislature in enacting this chapter that:
 3-6                 (1)  economic development decisions should occur at the
 3-7     local level and be consistent with identifiable statewide economic
 3-8     development goals;
 3-9                 (2)  this chapter should not be construed or
3-10     interpreted to allow:
3-11                       (A)  property owners to pool investments to
3-12     create sufficiently large investments to qualify for an ad valorem
3-13     tax benefit or financial benefit provided by this chapter;
3-14                       (B)  an applicant for an ad valorem tax benefit
3-15     or financial benefit provided by this chapter to assert that jobs
3-16     will be eliminated if certain investments are not made if the
3-17     assertion is not true; or
3-18                       (C)  a sole proprietorship, partnership, or
3-19     limited liability partnership to receive an ad valorem tax benefit
3-20     or financial benefit  provided by this chapter; and
3-21                 (3)  in implementing this chapter, school districts
3-22     should:
3-23                       (A)  strictly interpret the criteria and
3-24     selection guidelines provided by this chapter; and
3-25                       (B)  approve only those applications for an ad
3-26     valorem tax benefit or financial benefit provided by this chapter
3-27     that:
 4-1                             (i)  enhance the local community;
 4-2                             (ii)  improve the local public education
 4-3     system;
 4-4                             (iii)  create high-paying jobs; and
 4-5                             (iv)  advance the economic development
 4-6     goals of this state as identified by the Texas Strategic Economic
 4-7     Development Planning Commission.
 4-8           Sec. 313.005.  DEFINITIONS. Unless this chapter defines a
 4-9     word or phrase used in this chapter, Section 1.04 or any other
4-10     section of Title 1 or this title that defines the word or phrase or
4-11     ascribes a meaning to the word or phrase applies to the word or
4-12     phrase used in this chapter.
4-13           Sec. 313.006.  IMPOSITION OF IMPACT FEE. (a)  In this
4-14     section, "impact fee" means a charge or assessment imposed against
4-15     new development in order to generate revenue for funding or
4-16     recouping the costs of capital improvements or facility expansions
4-17     necessitated by or attributable to property subject to a limitation
4-18     on appraised value under this chapter.
4-19           (b)  Notwithstanding any other law, including Chapter 395,
4-20     Local Government Code, a municipality or county may impose and
4-21     collect a reasonable impact fee under this section to pay for the
4-22     cost of providing improvements associated with or attributable to
4-23     property that is subject to a limitation on appraised value under
4-24     this chapter.
4-25           Sec. 313.007.  EXPIRATION. Subchapters B, C, and D expire
4-26     December 31, 2007.
4-27              (Sections 313.008-313.020 reserved for expansion)
 5-1           SUBCHAPTER B.  LIMITATION ON APPRAISED VALUE OF CERTAIN
 5-2                        PROPERTY USED TO CREATE JOBS
 5-3           Sec. 313.021.  DEFINITIONS. In this subchapter:
 5-4                 (1)  "Qualified investment" means:
 5-5                       (A)  tangible personal property that is first
 5-6     placed in service in this state during the applicable qualifying
 5-7     time period that begins on or after January 1, 2002, and is
 5-8     described as Section 1245 property by Section 1245(a), Internal
 5-9     Revenue Code of 1986;
5-10                       (B)  tangible personal property that is first
5-11     placed in service in this state during the applicable qualifying
5-12     time period that begins on or after January 1, 2002, without regard
5-13     to whether the property is affixed to or incorporated into real
5-14     property, and that is used in connection with the manufacturing,
5-15     processing, or fabrication in a cleanroom environment of a
5-16     semiconductor product, without regard to whether the property is
5-17     actually located in the cleanroom environment, including:
5-18                             (i)  integrated systems, fixtures, and
5-19     piping;
5-20                             (ii)  all property necessary or adapted to
5-21     reduce contamination or to control airflow, temperature, humidity,
5-22     chemical purity, or other environmental conditions or manufacturing
5-23     tolerances; and
5-24                             (iii)  production equipment and machinery,
5-25     moveable cleanroom partitions, and cleanroom lighting; or
5-26                       (C)  a building or a permanent, nonremovable
5-27     component of a building that is built or constructed during the
 6-1     applicable qualifying time period that begins on or after January
 6-2     1, 2002, and that houses tangible personal property described by
 6-3     Paragraph (A) or (B).
 6-4                 (2)  "Qualified property" means:
 6-5                       (A)  land:
 6-6                             (i)  that is located in an area designated
 6-7     as a reinvestment zone under Chapter 311 or 312 or as an enterprise
 6-8     zone under Chapter 2303, Government Code;
 6-9                             (ii)  on which a person proposes to
6-10     construct a new building or erect or affix a new improvement that
6-11     does not exist before the date the owner applies for a limitation
6-12     on appraised value under this subchapter;
6-13                             (iii)  that is not subject to a tax
6-14     abatement agreement entered into by a school district under Chapter
6-15     312; and
6-16                             (iv)  on which, in connection with the new
6-17     building or new improvement described by Subparagraph (ii), the
6-18     owner of the land proposes to:
6-19                                   (a)  make a qualified investment in
6-20     an amount equal to at least the minimum amount required by Section
6-21     313.023; and
6-22                                   (b)  create at least 25 qualifying
6-23     jobs;
6-24                       (B)  the new building or other new improvement
6-25     described by Paragraph (A)(ii); and
6-26                       (C)  tangible personal property that:
6-27                             (i)  is not subject to a tax abatement
 7-1     agreement entered into by a school district under Chapter 312; and
 7-2                             (ii)  except for equipment described in
 7-3     Section 151.318(q), is first placed in service in the new building
 7-4     or in or on the new improvement described by Paragraph (A)(ii), or
 7-5     on the land on which that new building or new improvement is
 7-6     located, if the personal property is ancillary and necessary to the
 7-7     business conducted in that new building or in or on that new
 7-8     improvement.
 7-9                 (3)  "Qualifying job" means a permanent full-time job
7-10     that:
7-11                       (A)  requires at least 1,600 hours of work a
7-12     year;
7-13                       (B)  is not transferred from one area in this
7-14     state to another area in this state;
7-15                       (C)  is not created to replace a previous
7-16     employee; and
7-17                       (D)  is covered by a group health benefit plan,
7-18     as defined by Section 481.151, Government Code, for which the
7-19     business offers to pay at least 50 percent of the premiums or other
7-20     charges assessed for employee-only coverage under the plan,
7-21     regardless of whether an employee may voluntarily waive the
7-22     coverage.
7-23                 (4)  "Qualifying time period" means the first two tax
7-24     years that begin on or after the date a person's application for a
7-25     limitation on appraised value under this subchapter is approved.
7-26           Sec. 313.022.  APPLICABILITY; CATEGORIZATION OF SCHOOL
7-27     DISTRICTS. (a)  This subchapter applies to each school district in
 8-1     this state other than a school district to which Subchapter C
 8-2     applies.
 8-3           (b)  For purposes of determining the required minimum amount
 8-4     of a qualified investment under Section 313.021(2)(A)(iv)(a), and
 8-5     the minimum amount of a limitation on appraised value under Section
 8-6     313.027(b), school districts to which this subchapter applies are
 8-7     categorized according to the taxable value of property in the
 8-8     district for the preceding tax year determined under Subchapter M,
 8-9     Chapter 403, Government Code, as follows:
8-10          CATEGORY                TAXABLE VALUE OF PROPERTY
8-11             I          $10 billion or more
8-12            II          $1 billion or more but less than $10 billion
8-13           III          $500 million or more but less than $1 billion
8-14            IV          $100 million or more but less than $500 million
8-15             V          less than $100 million
8-16           Sec. 313.023.  MINIMUM AMOUNTS OF QUALIFIED INVESTMENT. For
8-17     each category of school district established by Section 313.022,
8-18     the minimum amount of a qualified investment under Section
8-19     313.021(2)(A)(iv)(a) is as follows:
8-20          CATEGORY                   MINIMUM QUALIFIED INVESTMENT
8-21             I                               $100 million
8-22            II                               $80 million
8-23           III                               $60 million
8-24            IV                               $40 million
8-25             V                               $20 million
8-26           Sec. 313.024.  ELIGIBLE PROPERTY. (a)  This subchapter and
8-27     Subchapters C and D apply only to property owned by a corporation
 9-1     or limited liability company to which Section 171.001 applies.
 9-2           (b)  To be eligible for a limitation on appraised value under
 9-3     this subchapter, the corporation or limited liability company must
 9-4     use the property in connection with:
 9-5                 (1)  manufacturing; or
 9-6                 (2)  research and development.
 9-7           (c)  For purposes of determining an applicant's eligibility
 9-8     for a limitation under this subchapter:
 9-9                 (1)  the land on which a building or component of a
9-10     building described by Section 313.021(1)(C) is located is not
9-11     considered a qualified investment;
9-12                 (2)  property that is leased under a capitalized lease
9-13     may be considered a qualified investment;
9-14                 (3)  property that is leased under an operating lease
9-15     may not be considered a qualified investment; and
9-16                 (4)  property that is owned by a person other than the
9-17     applicant and that is pooled or proposed to be pooled with property
9-18     owned by the applicant may not be included in determining the
9-19     amount of the applicant's qualifying investment.
9-20           (d)  In this section, "manufacturing" and "research and
9-21     development" have the meanings assigned by Section 171.751.
9-22           Sec. 313.025.  APPLICATION; ACTION ON APPLICATION. (a)  The
9-23     owner of qualified property may apply to the governing body of the
9-24     school district in which the property is located for a limitation
9-25     on the appraised value for school district maintenance and
9-26     operations ad valorem tax purposes of the person's qualified
9-27     property.  An application must be made on the form prescribed by
 10-1    the comptroller and include the information required by the
 10-2    comptroller, and it must be accompanied by:
 10-3                (1)  the application fee established by the governing
 10-4    body of the school district;
 10-5                (2)  information sufficient to show that the real and
 10-6    personal property identified in the application as qualified
 10-7    property meets the applicable criteria established by Section
 10-8    313.021(2); and
 10-9                (3)  information relating to each applicable criterion
10-10    listed in Section 313.026.
10-11          (b)  The governing body of a school district is not required
10-12    to consider an application for a limitation on appraised value that
10-13    is filed with the governing body under Subsection (a).  If the
10-14    governing body of the school district does elect to consider an
10-15    application, the governing body shall engage a third person to
10-16    conduct an economic impact evaluation of the application on behalf
10-17    of the school district and approve or disapprove an application
10-18    before the 121st day after the date the application is filed,
10-19    unless an extension is agreed to by the governing body and the
10-20    applicant.
10-21          (c)  In determining whether to grant an application, the
10-22    governing body of the school district is entitled to request and
10-23    receive assistance from:
10-24                (1)  the comptroller;
10-25                (2)  the Texas Department of Economic Development;
10-26                (3)  the Council on Workforce and Economic
10-27    Competitiveness; and
 11-1                (4)  the Texas Workforce Commission.
 11-2          (d)  On receipt of an application under this section that the
 11-3    governing body elects to consider, the school district shall
 11-4    deliver one copy of the application to the comptroller.  Before the
 11-5    61st day after the date the copy of the application is received,
 11-6    the comptroller, using the criteria listed in Section 313.026,
 11-7    shall submit a recommendation to the governing body of the school
 11-8    district as to whether the application should be approved or
 11-9    disapproved.
11-10          (e)  Before approving or disapproving an application under
11-11    this subchapter that the governing body elects to consider, the
11-12    governing body of the school district must make a written finding
11-13    as to each criterion listed in Section 313.026. The governing body
11-14    shall deliver a copy of those findings to the applicant.
11-15          (f)  The governing body may approve an application only if
11-16    the governing body finds that the information in the application is
11-17    true and correct, finds that the applicant is eligible for the
11-18    limitation on the appraised value of the person's qualified
11-19    property, and determines that granting the application is in the
11-20    best interest of the school district and this state.
11-21          Sec. 313.026.  ECONOMIC IMPACT EVALUATION. The economic
11-22    impact evaluation of the application must include the following:
11-23                (1)  the recommendations of the comptroller;
11-24                (2)  the relationship between the applicant's industry
11-25    and the types of qualifying jobs to be created by the applicant to
11-26    the long-term economic growth plans of this state as described in
11-27    the strategic plan for economic development submitted by the Texas
 12-1    Strategic Economic Development Planning Commission under Section
 12-2    481.033, Government Code, as that section existed before February
 12-3    1, 1999;
 12-4                (3)  the relative level of the applicant's investment
 12-5    per qualifying job to be created by the applicant;
 12-6                (4)  the wages, salaries, and benefits to be offered by
 12-7    the applicant to qualifying job holders;
 12-8                (5)  the ability of the applicant to locate or relocate
 12-9    in another state or another region of this state;
12-10                (6)  the impact the added infrastructure will have on
12-11    the region, including:
12-12                      (A)  revenue gains that would be realized by the
12-13    school district; and
12-14                      (B)  subsequent economic effects on the local and
12-15    regional tax bases;
12-16                (7)  the economic condition of the region of the state
12-17    at the time the person's application is being considered;
12-18                (8)  the number of new facilities built or expanded in
12-19    the region during the two years preceding the date of the
12-20    application that were eligible to apply for a limitation on
12-21    appraised value under this subchapter; and
12-22                (9)  the effect of the applicant's proposal, if
12-23    approved, on the number or size of the school district's
12-24    instructional facilities, as defined by Section 46.001, Education
12-25    Code.
12-26          Sec. 313.027.  LIMITATION ON APPRAISED VALUE; AGREEMENT. (a)
12-27    If the person's application is approved by the governing body of
 13-1    the school district, for each of the first eight tax years that
 13-2    begin after the applicable qualifying time period, the appraised
 13-3    value for school district maintenance and operations ad valorem tax
 13-4    purposes of the person's qualified property as described in the
 13-5    agreement between the person and the district entered into under
 13-6    this section in the school district may not exceed the lesser of:
 13-7                (1)  the market value of the property; or
 13-8                (2)  subject to Subsection (b), the amount agreed to by
 13-9    the governing body of the school district.
13-10          (b)  The amount agreed to by the governing body of a school
13-11    district under Subsection (a)(2) must be an amount in accordance
13-12    with the following, according to the category established by
13-13    Section 313.022 to which the school district belongs:
13-14         CATEGORY                   MINIMUM AMOUNT OF LIMITATION
13-15            I                               $100 million
13-16           II                               $80 million
13-17          III                               $60 million
13-18           IV                               $40 million
13-19            V                               $20 million
13-20          (c)  The limitation amounts listed in Subsection (b) are
13-21    minimum amounts.  A school district, regardless of category, may
13-22    agree to a greater amount than those amounts.
13-23          (d)  The governing body of the school district and the
13-24    property owner shall enter into a written agreement for the
13-25    implementation of the limitation on appraised value under this
13-26    subchapter on the owner's qualified property.
13-27          (e)  The agreement must describe with specificity the
 14-1    qualified investment that the person will make on or in connection
 14-2    with the person's qualified property that is subject to the
 14-3    limitation on appraised value under this subchapter.  Other
 14-4    property of the person that is not specifically described in the
 14-5    agreement is not subject to the limitation unless the governing
 14-6    body of the school district, by official action, provides that the
 14-7    other property is subject to the limitation.
 14-8          (f)  In addition, the agreement:
 14-9                (1)  must incorporate each relevant provision of this
14-10    subchapter and, to the extent necessary, include provisions for the
14-11    protection of future school district revenues through the
14-12    adjustment of the minimum valuations, the payment of revenue
14-13    offsets, and other mechanisms agreed to by the property owner and
14-14    the school district;
14-15                (2)  must require the property owner to maintain a
14-16    viable presence in the school district for at least three years
14-17    after the date the limitation on appraised value of the owner's
14-18    property expires;
14-19                (3)  must provide for the termination of the agreement,
14-20    the recapture of ad valorem tax revenue lost as a result of the
14-21    agreement if the owner of the property fails to comply with the
14-22    terms of the agreement, and payment of a penalty or interest, or
14-23    both, on that recaptured ad valorem tax revenue;
14-24                (4)  may specify any conditions the occurrence of which
14-25    will require the district and the property owner to renegotiate all
14-26    or any part of the agreement; and
14-27                (5)  must specify the ad valorem tax years covered by
 15-1    the agreement.
 15-2          (g)  When appraising a person's qualified property subject to
 15-3    a limitation on appraised value under this section, the chief
 15-4    appraiser shall determine the market value of the property and
 15-5    include both the market value and the appropriate value under
 15-6    Subsection (a) in the appraisal records.
 15-7          Sec. 313.028.  CERTAIN BUSINESS INFORMATION CONFIDENTIAL.
 15-8    Information provided to a school district in connection with an
 15-9    application for a limitation on appraised value under this
15-10    subchapter that describes the specific processes or business
15-11    activities to be conducted or the specific tangible personal
15-12    property to be located on real property covered by the application
15-13    is confidential and not subject to public disclosure unless the
15-14    governing body of the school district approves the application.
15-15    Information in the custody of a school district if the governing
15-16    body approves the application is not confidential under this
15-17    section.
15-18          Sec. 313.029.  TAX RATE LIMITATION. If the governing body of
15-19    a school district grants an application for a limitation on
15-20    appraised value under this subchapter, for each of the first two
15-21    tax years that begins after the date the application is approved,
15-22    the governing body of the school district may not adopt a tax rate
15-23    that exceeds the school district's rollback tax rate under Section
15-24    26.08 for that year.  If, in any tax year in which a restriction on
15-25    the school district's tax rate under this section is in effect, the
15-26    governing body approves a subsequent application for a limitation
15-27    on appraised value under this section, the restriction on the
 16-1    school district's tax rate is extended until the first tax year
 16-2    that begins after the second anniversary of the date the subsequent
 16-3    application is approved.
 16-4          Sec. 313.030.  PROPERTY NOT ELIGIBLE FOR TAX ABATEMENT.
 16-5    Property subject to a limitation on appraised value in a tax year
 16-6    under this subchapter is not eligible for tax abatement by a school
 16-7    district under Chapter 312 in that tax year.
 16-8          Sec. 313.031.  RULES AND FORMS; FEES. (a)  The comptroller
 16-9    shall:
16-10                (1)  adopt rules and forms necessary for the
16-11    implementation and administration of this chapter, including rules
16-12    for determining whether a property owner's property qualifies as a
16-13    qualified investment under Section 313.021(1); and
16-14                (2)  provide without charge one copy of the rules and
16-15    forms to any school district and to any person who states that the
16-16    person intends to apply for a limitation on appraised value under
16-17    this subchapter or a tax credit under Subchapter D.
16-18          (b)  The governing body of a school district by official
16-19    action shall establish reasonable nonrefundable application fees to
16-20    be paid by property owners who apply to the district for a
16-21    limitation on the appraised value of the person's property under
16-22    this subchapter.  The amount of an application fee must be
16-23    reasonable and may not exceed the estimated cost to the district of
16-24    processing and acting on an application, including the cost of the
16-25    economic impact evaluation required by Sections 313.025 and
16-26    313.026.
16-27             (Sections 313.032-313.050 reserved for expansion
 17-1         SUBCHAPTER C.  LIMITATION ON APPRAISED VALUE OF PROPERTY
 17-2                     IN CERTAIN RURAL SCHOOL DISTRICTS
 17-3          Sec. 313.051.  APPLICABILITY. (a)  This subchapter applies
 17-4    only to a school district that has territory in a county located:
 17-5                (1)  north of the southern boundaries of Andrews,
 17-6    Martin, Howard, Mitchell, Nolan, and Taylor counties; and
 17-7                (2)  west of the eastern boundaries of Hardeman, Foard,
 17-8    Knox, Haskell, Jones, and Taylor counties.
 17-9          (b)  The governing body of a school district to which this
17-10    subchapter applies may enter into an agreement in the same manner
17-11    as a school district to which Subchapter B applies may do so under
17-12    Subchapter B, subject to Sections 313.052-313.054.  Except as
17-13    otherwise provided by this subchapter, the provisions of Subchapter
17-14    B apply to a school district to which this subchapter applies.  In
17-15    this subchapter, "qualified property" means land on which the owner
17-16    of the land proposes to create at least 10 qualifying jobs.
17-17          Sec. 313.052.  CATEGORIZATION OF SCHOOL DISTRICTS. For
17-18    purposes of determining the required minimum amount of a qualified
17-19    investment under Section 313.021(2)(A)(iv)(a) and the minimum
17-20    amount of a limitation on appraised value under this subchapter,
17-21    school districts to which this subchapter applies are categorized
17-22    according to the taxable value of industrial property in the
17-23    district for the preceding tax year determined under Subchapter M,
17-24    Chapter 403, Government Code, as follows:
17-25         CATEGORY      TAXABLE VALUE OF INDUSTRIAL PROPERTY
17-26            I          $200 million or more
17-27           II          $90 million or more but less than $200 million
 18-1          III          $1 million or more but less than $90 million
 18-2           IV          $100,000 or more but less than $1 million
 18-3            V          less than $100,000
 18-4          Sec. 313.053.  MINIMUM AMOUNTS OF QUALIFIED INVESTMENT. For
 18-5    each category of school district established by Section 313.052,
 18-6    the minimum amount of a qualified investment under Section
 18-7    313.021(2)(A)(iv)(a) is as follows:
 18-8         CATEGORY                   MINIMUM QUALIFIED INVESTMENT
 18-9            I                               $30 million
18-10           II                               $20 million
18-11          III                               $10 million
18-12           IV                               $5 million 
18-13            V                               $1 million 
18-14          Sec. 313.054.  LIMITATION ON APPRAISED VALUE. (a)  For a
18-15    school district to which this subchapter applies, the amount agreed
18-16    to by the governing body of the district under Section
18-17    313.027(a)(2) must be an amount in accordance with the following,
18-18    according to the category established by Section 313.052 to which
18-19    the school district belongs:
18-20         CATEGORY                   MINIMUM AMOUNT OF LIMITATION
18-21            I                               $30 million
18-22           II                               $20 million
18-23          III                               $10 million
18-24           IV                               $5 million 
18-25            V                               $1 million 
18-26          (b)  The limitation amounts listed in Subsection (a) are
18-27    minimum amounts.  A school district, regardless of category, may
 19-1    agree to a greater amount than those amounts.
 19-2             (Sections 313.055-313.100 reserved for expansion
 19-3                     SUBCHAPTER D.  SCHOOL TAX CREDITS
 19-4          Sec. 313.101.  DEFINITION.  In this subchapter, "qualifying
 19-5    time period" has the meaning assigned by Section 313.021.
 19-6          Sec. 313.102.  ELIGIBILITY FOR TAX CREDIT; AMOUNT OF CREDIT.
 19-7    (a)  In addition to the limitation on the appraised value of the
 19-8    person's qualified property under Subchapter B or C, a person is
 19-9    entitled to a tax credit from the school district that approved the
19-10    limitation in an amount equal to the amount of ad valorem taxes
19-11    paid to that school district that were imposed on the portion of
19-12    the appraised value of the qualified property that exceeds the
19-13    amount of the limitation agreed to by the governing body of the
19-14    school district under Section 313.027(a)(2) in each year in the
19-15    applicable qualifying time period.
19-16          (b)  If the person relocates the person's business outside
19-17    the school district, the person is not entitled to the credit in or
19-18    after the year in which the relocation occurs.
19-19          Sec. 313.103.  APPLICATION.  An application for a tax credit
19-20    under this subchapter must be made to the governing body of the
19-21    school district to which the ad valorem taxes were paid.  The
19-22    application must be:
19-23                (1)  made on the form prescribed for that purpose by
19-24    the comptroller and verified by the applicant;
19-25                (2)  accompanied by:
19-26                      (A)  a tax receipt from the collector of taxes
19-27    for the school district showing full payment of school district ad
 20-1    valorem taxes on the qualified property for the applicable
 20-2    qualifying time period; and
 20-3                      (B)  any other document or information that the
 20-4    comptroller or the governing body considers necessary for a
 20-5    determination of the applicant's eligibility for the credit or the
 20-6    amount of the credit; and
 20-7                (3)  filed before September 1 of the year immediately
 20-8    following the applicable qualifying time period.
 20-9          Sec. 313.104.  ACTION ON APPLICATION; GRANT OF CREDIT.
20-10    Before the 90th day after the date the application for a tax credit
20-11    is filed, the governing body of the school district shall:
20-12                (1)  determine the person's eligibility for a tax
20-13    credit under this subchapter; and
20-14                (2)  if the person's application is approved, by order
20-15    or resolution direct the collector of taxes for the school
20-16    district:
20-17                      (A)  in each of the first eight tax years that
20-18    begin after the date the application is approved, to credit against
20-19    the taxes imposed on the qualified property by the district in that
20-20    year an amount equal to one-eighth of the total amount of tax
20-21    credit to which the person is entitled under Section 313.102,
20-22    except that the amount of a credit granted in any of those tax
20-23    years may not exceed 50 percent of the total amount of ad valorem
20-24    school taxes imposed on the qualified property by the school
20-25    district in that tax year; and
20-26                      (B)  in the first tax year that begins on or
20-27    after the date the person's eligibility for the limitation under
 21-1    Subchapter B or C expires, to credit against the taxes imposed on
 21-2    the qualified property by the district an amount equal to the
 21-3    portion of the total amount of tax credit to which the person is
 21-4    entitled under Section 313.102 that was not credited against the
 21-5    person's taxes under Paragraph (A) in a tax year covered by
 21-6    Paragraph (A), except that the amount of a tax credit granted under
 21-7    this paragraph in any tax year may not exceed the total amount of
 21-8    ad valorem school taxes imposed on the qualified property by the
 21-9    school district in that tax year.
21-10          Sec. 313.105.  REMEDY FOR ERRONEOUS CREDIT.  (a)  If the
21-11    comptroller and the governing body of a school district determine
21-12    that a person who received a tax credit under this subchapter for
21-13    any reason was not entitled to the credit received or was entitled
21-14    to a lesser amount of credit than the amount of the credit
21-15    received, an additional tax is imposed on the qualified property
21-16    equal to the full credit or the amount of the credit to which the
21-17    person was not entitled, as applicable, plus interest at an annual
21-18    rate of seven percent calculated from the date the credit was
21-19    issued.
21-20          (b)  A tax lien attaches to the qualified property in favor
21-21    of the school district to secure payment by the person of the
21-22    additional tax and interest imposed by this section and any
21-23    penalties incurred.  A person delinquent in the payment of an
21-24    additional tax under this section may not submit a subsequent
21-25    application or receive a tax credit under this subchapter in a
21-26    subsequent year.
21-27             (Sections 313.106-313.170 reserved for expansion
 22-1          SUBCHAPTER E.  AVAILABILITY OF TAX CREDIT AFTER PROGRAM
 22-2                                  EXPIRES
 22-3          Sec. 313.171.  SAVING PROVISIONS.  (a)  A limitation on
 22-4    appraised value approved under Subchapter B or C before the
 22-5    expiration of that subchapter continues in effect according to that
 22-6    subchapter as that subchapter existed immediately before its
 22-7    expiration, and that law is continued in effect for purposes of the
 22-8    limitation on appraised value.
 22-9          (b)  The expiration of Subchapter D does not affect a
22-10    property owner's entitlement to a tax credit granted under
22-11    Subchapter D if the property owner qualified for the tax credit
22-12    before the expiration of Subchapter D.
22-13          SECTION 2. Subchapter A, Chapter 23, Tax Code, is amended by
22-14    adding Section 23.03 to read as follows:
22-15          Sec. 23.03.  COMPILATION OF LARGE PROPERTIES. (a)  Each year
22-16    the chief appraiser shall compile and send to the Texas Department
22-17    of Economic Development a list of properties in the appraisal
22-18    district that have a market value of $100 million or more in that
22-19    tax year.
22-20          (b)  Each year, the Texas Department of Economic Development
22-21    shall:
22-22                (1)  compile a list of all properties reported to the
22-23    department under Subsection (a); and
22-24                (2)  deliver a copy of the list to each member of the
22-25    legislature.
22-26          SECTION 3. Section 26.012(6), Tax Code, is amended to read as
22-27    follows:
 23-1                (6)  "Current total value" means the total taxable
 23-2    value of property listed on the appraisal roll for the current
 23-3    year, including all appraisal roll supplements and corrections as
 23-4    of the date of the calculation, less the taxable value of property
 23-5    exempted for the current tax year for the first time under Section
 23-6    11.31, except that the current total value for a school district
 23-7    excludes:
 23-8                      (A)  the total value of homesteads that qualify
 23-9    for a tax limitation as provided by Section 11.26; and
23-10                      (B)  new property value of property that is
23-11    subject to an agreement entered into under Chapter 313.
23-12          SECTION 4. Subchapter A, Chapter 312, Tax Code, is amended by
23-13    adding Section 312.0025 to read as follows:
23-14          Sec. 312.0025.  DESIGNATION OF REINVESTMENT ZONE BY SCHOOL
23-15    DISTRICT.  (a)  Notwithstanding any other provision of this chapter
23-16    to the contrary, the governing body of a school district, in the
23-17    manner required for official action and for purposes of Subchapter
23-18    B or C, Chapter 313, may designate an area entirely within the
23-19    territory of the school district as a reinvestment zone if the
23-20    governing body finds that, as a result of the designation and the
23-21    granting of a limitation on appraised value under Subchapter B or
23-22    C, Chapter 313, for property located in the reinvestment zone, the
23-23    designation is reasonably likely to:
23-24                (1)  contribute to the expansion of primary employment
23-25    in the reinvestment zone; or
23-26                (2)  attract major investment in the reinvestment zone
23-27    that would:
 24-1                      (A)  be a benefit to property in the reinvestment
 24-2    zone and to the school district; and
 24-3                      (B)  contribute to the economic development of
 24-4    the region of this state in which the school district is located.
 24-5          (b)  The governing body of the school district may seek the
 24-6    recommendation of the commissioners court of each county and the
 24-7    governing body of each municipality that has territory in the
 24-8    school district before designating an area as a reinvestment zone
 24-9    under Subsection (a).
24-10          SECTION 5. Section 312.006, Tax Code, is amended to read as
24-11    follows:
24-12          Sec. 312.006.  EXPIRATION DATE.  If not continued in effect,
24-13    this chapter expires September 1, 2007 [2001].
24-14          SECTION 6. Subchapter E, Chapter 42, Education Code, is
24-15    amended by adding Section 42.2515 to read as follows:
24-16          Sec. 42.2515.  ADDITIONAL STATE AID FOR AD VALOREM TAX
24-17    CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT.  (a)  For each school
24-18    year, a school district, including a school district that is
24-19    otherwise ineligible for state aid under this chapter, is entitled
24-20    to state aid in an amount equal to the amount of all tax credits
24-21    credited against ad valorem taxes of the district in that year
24-22    under Subchapter D, Chapter 313, Tax Code.
24-23          (b)  The commissioner may adopt rules to implement and
24-24    administer this section.
24-25          SECTION 7. Section 403.302(d), Government Code, is amended to
24-26    read as follows:
24-27          (d)  For the purposes of this section, "taxable value" means
 25-1    the market value of all taxable property less:
 25-2                (1)  the total dollar amount of any residence homestead
 25-3    exemptions lawfully granted under Section 11.13(b) or (c), Tax
 25-4    Code, in the year that is the subject of the study for each school
 25-5    district;
 25-6                (2)  one-half of the total dollar amount of any
 25-7    residence homestead exemptions granted under Section 11.13(n), Tax
 25-8    Code, in the year that is the subject of the study for each school
 25-9    district;
25-10                (3)  the total dollar amount of any exemptions granted
25-11    before May 31, 1993, within a reinvestment zone under agreements
25-12    authorized by Chapter 312, Tax Code;
25-13                (4)  subject to Subsection (e), the total dollar amount
25-14    of any captured appraised value of property that:
25-15                      (A)  is within a reinvestment zone created on or
25-16    before May 31, 1999, or is proposed to be included within the
25-17    boundaries of a reinvestment zone as the boundaries of the zone and
25-18    the proposed portion of tax increment paid into the tax increment
25-19    fund by a school district are described in a written notification
25-20    provided by the municipality or the board of directors of the zone
25-21    to the governing bodies of the other taxing units in the manner
25-22    provided by Section 311.003(e), Tax Code, before May 31, 1999, and
25-23    within the boundaries of the zone as those boundaries existed on
25-24    September 1, 1999, including subsequent improvements to the
25-25    property regardless of when made;
25-26                      (B)  generates taxes paid into a tax increment
25-27    fund created under Chapter 311, Tax Code, under a reinvestment zone
 26-1    financing plan approved under Section 311.011(d), Tax Code, on or
 26-2    before September 1, 1999; and
 26-3                      (C)  is eligible for tax increment financing
 26-4    under Chapter 311, Tax Code;
 26-5                (5)  the total dollar amount of any exemptions granted
 26-6    under Section 11.251, Tax Code;
 26-7                (6)  the difference between the comptroller's estimate
 26-8    of the market value and the productivity value of land that
 26-9    qualifies for appraisal on the basis of its productive capacity,
26-10    except that the productivity value estimated by the comptroller may
26-11    not exceed the fair market value of the land;
26-12                (7)  the portion of the appraised value of residence
26-13    homesteads of the elderly on which school district taxes are not
26-14    imposed in the year that is the subject of the study, calculated as
26-15    if the residence homesteads were appraised at the full value
26-16    required by law;
26-17                (8)  a portion of the market value of property not
26-18    otherwise fully taxable by the district at market value because of:
26-19                      (A)  action required by statute or the
26-20    constitution of this state that, if the tax rate adopted by the
26-21    district is applied to it, produces an amount equal to the
26-22    difference between the tax that the district would have imposed on
26-23    the property if the property were fully taxable at market value and
26-24    the tax that the district is actually authorized to impose on the
26-25    property, if this subsection does not otherwise require that
26-26    portion to be deducted; or
26-27                      (B)  action taken by the district under
 27-1    Subchapter B or C, Chapter 313, Tax Code;
 27-2                (9)  the market value of all tangible personal
 27-3    property, other than manufactured homes, owned by a family or
 27-4    individual and not held or used for the production of income;
 27-5                (10)  the appraised value of property the collection of
 27-6    delinquent taxes on which is deferred under Section 33.06, Tax
 27-7    Code;
 27-8                (11)  the portion of the appraised value of property
 27-9    the collection of delinquent taxes on which is deferred under
27-10    Section 33.065, Tax Code; and
27-11                (12)  the amount by which the market value of a
27-12    residence homestead to which Section 23.23, Tax Code, applies
27-13    exceeds the appraised value of that property as calculated under
27-14    that section.
27-15          SECTION 8. Section 481.0044, Government Code, is amended by
27-16    adding Subsections (e) and (f) to read as follows:
27-17          (e)  In addition to the information required by Subsection
27-18    (d), the governing board shall include in the report under that
27-19    subsection:
27-20                (1)  a listing of prospective projects identified by
27-21    the business development division of the department that proposed
27-22    to invest at least $100 million in this state, including
27-23    prospective projects that worked with the department or of which
27-24    the department was aware but that located in another state or
27-25    country;
27-26                (2)  information identifying the other state or country
27-27    in which a prospective project located and stating the primary
 28-1    reason identified by the department that the prospective project
 28-2    did not locate in this state; and
 28-3                (3)  an assessment as to the effectiveness of the
 28-4    incentives provided by Chapter 313, Tax Code, accompanied by
 28-5    information on the number of agreements entered into by school
 28-6    districts under that chapter during the preceding biennium, a
 28-7    description of each project covered by an agreement, and the
 28-8    details of the agreement.
 28-9          (f)  The comptroller shall assist the governing board and the
28-10    department in complying with Subsection (e).
28-11          SECTION 9. Subchapter K, Chapter 481, Government Code, is
28-12    amended by adding Section 481.168 to read as follows:
28-13          Sec. 481.168.  ANNUAL REPORT OF TAX INCENTIVE LAWS AND
28-14    ECONOMIC DEVELOPMENT LAWS OF OTHER STATES. (a)  The attorney
28-15    general, the comptroller, the Texas Department of Economic
28-16    Development, and the Council on Workforce and Economic
28-17    Competitiveness shall:
28-18                (1)  conduct a survey of tax incentive laws and
28-19    economic development laws enacted in other states since 1990; and
28-20                (2)  deliver to the governor, the lieutenant governor,
28-21    and the speaker of the house of representatives a joint report of
28-22    the results of the survey.
28-23          (b)  The initial joint report required by this section shall
28-24    be delivered before December 31, 2002.  An update of the joint
28-25    report shall be delivered before December 31 of each subsequent
28-26    year.
28-27          (c)  Any interested person, including a trade association,
 29-1    may provide information the person considers useful or relevant to
 29-2    the survey or the joint report.
 29-3          (d)  Any agency of this state, on request, shall assist in
 29-4    conducting the survey or in preparing the initial joint report or
 29-5    an update of the joint report.
 29-6          (e)  The initial and each update of the joint report shall
 29-7    include recommendations for legislative action.
 29-8          SECTION 10. Section 2303.507, Government Code, is amended to
 29-9    read as follows:
29-10          Sec. 2303.507.  TAX INCREMENT FINANCING AND ABATEMENT;
29-11    LIMITATIONS ON APPRAISED VALUE. Designation of an area as an
29-12    enterprise zone is also designation of the area as a reinvestment
29-13    zone for:
29-14                (1)  tax increment financing under Chapter 311, Tax
29-15    Code; [and]
29-16                (2)  tax abatement under Chapter 312, Tax Code; and
29-17                (3)  limitations on appraised value under Chapter 313,
29-18    Tax Code.
29-19          SECTION 11. (a)  Except as provided by Subsection (b) of this
29-20    section, this Act takes effect January 1, 2002.
29-21          (b)  Section 312.006, Tax Code, as amended by this Act, takes
29-22    effect September 1, 2001.