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A BILL TO BE ENTITLED
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AN ACT
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relating to the enterprise zone program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2303.004, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Notwithstanding Subsection (a), the governing body of a |
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county [with a population of one million or more] may nominate for |
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designation as an enterprise project a project or activity of a |
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qualified business that is located within the jurisdiction of a |
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municipality located in the county. [For purposes of this
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subsection, a county during any biennium may not use in any one
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municipality more than three of the maximum number of designations
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the county is permitted under Section 2303.406(d)(2).] |
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(c) Before a county makes a nomination under Subsection (b), |
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the nominating county must enter into an interlocal agreement with |
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the municipality that has jurisdiction of the territory in which |
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the nominated project or activity will be located. The interlocal |
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agreement must specify that either the nominating county or the |
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municipality that has jurisdiction of the territory in which the |
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nominated project or activity will be located is the governmental |
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body having administration authority under Section 2303.201 and |
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that both the nominating county and municipality approve the |
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nomination. For purposes of this subsection, a county during any |
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biennium may use the maximum number of designations the county is |
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permitted under Section 2303.406(d) within the territory described |
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by this subsection. |
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SECTION 2. Section 2303.201, Government Code, is amended to |
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read as follows: |
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Sec. 2303.201. ADMINISTRATION BY GOVERNING BODY. (a) The |
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governing body of an enterprise zone is the governing body of the |
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municipality or county with jurisdiction over the area designated |
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as an enterprise zone, except as provided by Subsection (b). |
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(b) The governing body with administration authority over |
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an enterprise project nominated under Section 2303.004(c) is |
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determined under the terms of an interlocal agreement required by |
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that subsection. |
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SECTION 3. Section 2303.4052, Government Code, is amended |
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to read as follows: |
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Sec. 2303.4052. REQUIRED INFORMATION FROM NOMINATING BODY. |
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Before nominating the project or activity of a qualified business |
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for designation as an enterprise project, the nominating body must |
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submit to the bank: |
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(1) a certified copy of the ordinance or order, as |
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appropriate, or reference to an ordinance or order as required |
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by Section 2303.4051; |
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(2) a transcript of all public hearings conducted with |
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respect to local incentives available to qualified businesses |
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within the jurisdiction of the governmental entity nominating the |
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project or activity, regardless of whether those businesses are |
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located in an enterprise zone; |
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(3) the name, title, address, telephone number, and |
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electronic mail address of the nominating body's liaison designated |
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under Section 2303.204; |
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(4) if the business is seeking job retention benefits, |
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documentation showing the number of employment positions at the |
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qualified business site; [and] |
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(5) any interlocal agreement required under Section |
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2303.004(c) that states: |
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(A) which governing body has the administration |
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authority under Section 2303.201; and |
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(B) that both the county in which the project or |
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activity is located and the municipality in whose jurisdiction the |
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project or activity is located approve the nomination of the |
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project or activity; and |
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(6) any additional information the bank may require. |
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SECTION 4. Section 2303.406, Government Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) An enterprise project designation may be split into |
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two half designations. A half designation uses one-half of one of |
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the enterprise project designations allowed to a nominating body |
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under Subsection (d) and to the bank under Section 2303.403. |
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SECTION 5. Section 2303.407, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The maximum number of jobs that the bank may allocate to |
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an enterprise project split into two half designations as provided |
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by Section 2303.406(d-1) is 250. |
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SECTION 6. Section 2303.4071, Government Code, is amended |
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by amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) In this section: |
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(1) "Double [,"double] jumbo enterprise project" and |
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"triple jumbo enterprise project" have the meanings assigned by |
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Section 2303.407. |
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(2) "Half enterprise project" means an enterprise |
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project split into two half designations as provided by Section |
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2303.406(d-1). |
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(e) A half enterprise project is eligible for a maximum |
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refund not to exceed $125,000 in each state fiscal year and is |
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subject to the capital investment and job allocation requirements |
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under Section 2303.407(b)(1), (2), or (3). |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |