Bill Text: TX HB3086 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the Texas Economic Development Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-28 - Referred to Ways & Means [HB3086 Detail]
Download: Texas-2017-HB3086-Introduced.html
85R10118 TJB-D | ||
By: Murphy | H.B. No. 3086 |
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relating to the Texas Economic Development Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 313.021, Tax Code, is amended by | ||
amending Subdivisions (3) and (5) and adding Subdivision (6) to | ||
read as follows: | ||
(3) "Qualifying job" means a permanent full-time job | ||
that: | ||
(A) requires at least 1,600 hours of work a year; | ||
(B) is not transferred from one area in this | ||
state to another area in this state, unless the transfer represents | ||
a net new job in this state; | ||
(C) is not created to replace a previous | ||
employee; | ||
(D) is covered by a group health benefit plan for | ||
which the business offers to pay at least 80 percent of the premiums | ||
or other charges assessed for employee-only coverage under the | ||
plan, regardless of whether an employee may voluntarily waive the | ||
coverage; and | ||
(E) pays at least 110 percent of the lesser of: | ||
(i) the state median annual wage for | ||
manufacturing jobs in this state; or | ||
(ii) the county average annual [ |
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wage for manufacturing jobs in the county where the job is located. | ||
(F) In determining whether a property owner has | ||
created the number of qualifying jobs required under this chapter, | ||
operations, services, and other related jobs created in connection | ||
with the project, including those employed by third parties under | ||
contract, may satisfy the minimum qualifying jobs requirement for | ||
the project if the Texas Workforce Commission determines that the | ||
cumulative economic benefits to the state of these jobs is the same | ||
or greater than that associated with the minimum number of | ||
qualified jobs required to be created under this chapter. The Texas | ||
Workforce Commission may adopt rules to implement this subsection. | ||
(5) "County average annual [ |
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manufacturing jobs" and "county average annual wage for all jobs" | ||
mean [ |
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(A) the average weekly wage in a county for | ||
manufacturing jobs or for all jobs, as applicable, during the most | ||
recent four quarterly periods for which data is available at the | ||
time a person submits an application for a limitation on appraised | ||
value under this subchapter, as computed by the Texas Workforce | ||
Commission, multiplied by 52; or | ||
(B) the average weekly wage for manufacturing | ||
jobs or for all jobs, as applicable, in the region designated for | ||
the regional planning commission, council of governments, or | ||
similar regional planning agency created under Chapter 391, Local | ||
Government Code, in which the county is located during the most | ||
recent four quarterly periods for which data is available at the | ||
time a person submits an application for a limitation on appraised | ||
value under this subchapter, as computed by the Texas Workforce | ||
Commission, multiplied by 52. | ||
(6) "State median annual wage for manufacturing jobs" | ||
and "state median annual wage for all jobs" mean the median annual | ||
wage in this state for manufacturing jobs or for all jobs, as | ||
applicable, during the most recent period for which data is | ||
available at the time a person submits an application for a | ||
limitation on appraised value under this subchapter, as computed by | ||
the Texas Workforce Commission. | ||
SECTION 2. Section 313.024(d), Tax Code, is amended to read | ||
as follows: | ||
(d) To be eligible for a limitation on appraised value under | ||
this subchapter, the property owner must create the required number | ||
of new qualifying jobs as defined by Section 313.021(3) and the | ||
average annual [ |
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are not qualifying jobs must exceed the lesser of: | ||
(1) the state median annual wage for all jobs in this | ||
state; or | ||
(2) the county average annual [ |
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jobs in the county where the jobs are located. | ||
SECTION 3. Section 313.025(f-1), Tax Code, is amended to | ||
read as follows: | ||
(f-1) Notwithstanding any other provision of this chapter | ||
to the contrary, including Section 313.003(2) or 313.004(3)(A) or | ||
(B)(iii), the governing body of a school district may waive the new | ||
jobs creation requirement in Section 313.021(2)(A)(iv)(b) or | ||
313.051(b) and approve an application if the governing body makes a | ||
finding that the jobs creation requirement exceeds the industry | ||
standard for the number of employees reasonably necessary for the | ||
operation of the facility of the property owner that is described in | ||
the application. The governing body of a school district may not | ||
waive a requirement in a new jobs creation requirement that the jobs | ||
created be qualifying jobs. | ||
SECTION 4. Sections 313.027(a-1) and (d), Tax Code, are | ||
amended to read as follows: | ||
(a-1) The agreement must: | ||
(1) provide that the limitation under Subsection (a) | ||
applies for a period of 10 years; [ |
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(2) specify the beginning date of the limitation, | ||
which must be January 1 of the first tax year that begins after: | ||
(A) the application date; | ||
(B) the qualifying time period; or | ||
(C) the date commercial operations begin at the | ||
site of the project; | ||
(3) state the dollar amount of the qualified | ||
investment that must be made; and | ||
(4) state the number of new qualifying jobs that must | ||
be created. | ||
(d) The governing body of the school district and the | ||
property owner shall enter into a written agreement for the | ||
implementation of the limitation on appraised value under this | ||
subchapter on the owner's qualified property. If an agreement does | ||
not include information required by this section to be included in | ||
the agreement, the relevant provisions of the approved application, | ||
as amended if applicable, that is the basis of the agreement are | ||
considered part of the written agreement. | ||
SECTION 5. Subchapter B, Chapter 313, Tax Code, is amended | ||
by adding Section 313.034 to read as follows: | ||
Sec. 313.034. CONFLICTS OF INTEREST. (a) A member of the | ||
governing body of a school district, the superintendent of a school | ||
district, an employee of a school district, or a person who provides | ||
services to a school district who has a family, business, | ||
commercial, or other relationship that could reasonably be expected | ||
to diminish the person's independence of judgment in the | ||
performance of the person's responsibilities relating to an | ||
application submitted under this subchapter or an agreement entered | ||
into under this subchapter shall disclose the relationship in | ||
writing to the school district. | ||
(b) A person who files a statement under Subsection (a) | ||
disclosing a possible conflict of interest may not give advice or | ||
make decisions about a matter affected by the possible conflict of | ||
interest unless the school district expressly waives this | ||
prohibition. | ||
(c) The requirements of this section are in addition to any | ||
other requirement prescribed by law. | ||
SECTION 6. Sections 313.021, 313.024, 313.025, and 313.027, | ||
Tax Code, as amended by this Act, apply only to an agreement entered | ||
into under Chapter 313, Tax Code, on or after the effective date of | ||
this Act. An agreement entered into under that chapter before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the agreement was entered into, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 7. 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. |