H.B. No. 4038
  relating to the definition of "qualifying job" for purposes of
  certification by the comptroller of public accounts as a qualifying
  data center.
         SECTION 1.  Section 151.359(a)(5), Tax Code, is amended to
  read as follows:
               (5)  "Qualifying job" means a full-time, permanent job
  that pays at least 120 percent of the county average weekly wage in
  the county in which the job is based. The term includes a new
  employment position staffed by a third-party employer if a written
  contract exists between the third-party employer and a qualifying
  owner, qualifying operator, or qualifying occupant that provides
  that the employment position is permanently assigned to an
  associated qualifying data center.
         SECTION 2.  The change in law made by this Act applies to a
  data center certified as a qualifying data center by the
  comptroller of public accounts, regardless of whether the
  certification occurred before, on, or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 4038 was passed by the House on April
  20, 2017, by the following vote:  Yeas 144, Nays 0, 2 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 4038 was passed by the Senate on May
  19, 2017, by the following vote:  Yeas 30, Nays 1.
  Secretary of the Senate    
  APPROVED:  _____________________