HB4022 - Relating to the Texas Jobs, Energy, Technology, and Innovation Act.

  89R14121 TJB-F     By: Lujan H.B. No. 4022       A BILL TO BE ENTITLED   AN ACT   relating to the Texas Jobs, Energy, Technology, and Innovation Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 403.608(b), Government Code, as added by   Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular   Session, 2023, is amended to read as follows:          (b)  An economic benefit statement must include the   following information for each year of the period that begins on the   date the applicant projects construction of the proposed project   that is the subject of the application will begin and ends on the   20th [ 25th ] anniversary of the date the incentive period ends:                (1)  an estimate of the number of total jobs that will   be created by the project;                (2)  an estimate of the total amount of capital   investment that will be created by the project;                (3)  an estimate of the increase in appraised value of   property that will be attributable to the project;                (4)  an estimate of the amount of ad valorem taxes that   will be imposed by each taxing unit, including the applicable   school district, on the property used as part of the project;                (5)  an estimate of the amount of state taxes that will   be paid in connection with the project; and                (6)  an estimate of the associated economic benefits   that may reasonably be attributed to the project, including:                      (A)  the impact on the gross revenues and   employment levels of local businesses that provide goods or   services in connection with the project or to the applicant's   employees;                      (B)  the amount of state and local taxes that will   be generated as a result of the indirect economic impact of the   project, including all ad valorem taxes not otherwise estimated in   Subdivision (4) that will be imposed on property placed into   service as a result of the project;                      (C)  the development of complementary businesses   or industries that locate in this state as a direct consequence of   the project;                      (D)  the total impact of the project on the gross   domestic product of this state;                      (E)  the total impact of the project on personal   income in this state; and                      (F)  the total impact of the project on state and   local taxes.          SECTION 2.  Section 403.609(b), Government Code, as added by   Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular   Session, 2023, is amended to read as follows:          (b)  The comptroller may not recommend an application for   approval unless the comptroller finds that:                (1)  the proposed project that is the subject of the   application is an eligible project;                (2)  the proposed project is reasonably likely to   generate, before the 20th anniversary of the first day of the   construction period, state or local tax revenue, including ad   valorem tax revenue attributable to the effect of the project on the   economy of this state, in an amount sufficient to offset the school   district maintenance and operations ad valorem tax revenue lost as   a result of the agreement;                (3)   for a proposed project other than an electric   generation facility described by Section 403.602(8)(A)(i)(b), the   agreement is a compelling factor in a competitive site selection   determination and that, in the absence of the agreement, the   applicant would not make the proposed investment in this state; and                (4)  if the application indicates that the eligible   project is proposed to be located in a qualified opportunity zone,   the project is located in the zone.          SECTION 3.  Section 403.611(c), Government Code, as added by   Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular   Session, 2023, is amended to read as follows:          (c)  The governing body of the school district must provide   notice of the public hearing in the manner required by Chapter 551,   except that the district must provide the notice not later than the   15th day before the date of the hearing. The governing body must   send a copy of the notice to the comptroller at the time the notice   is provided. The notice must contain:                (1)  the name of the applicant;                (2)  the name and location of the existing or proposed   reinvestment zone or enterprise zone in which the eligible project   that is the subject of the application is proposed to be located;                (3)  a general description of the proposed eligible   project; and                (4)  the projected investment the applicant will make   in the project.          SECTION 4.  Section 403.612(b), Government Code, as added by   Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular   Session, 2023, is amended to read as follows:          (b)  An agreement entered into under this section between the   governor, a school district, and an applicant pertaining to an   eligible project shall:                (1)  specify the project to which the agreement   applies;                (2)  specify the term of the agreement, which must:                      (A)  begin on the date the agreement is entered   into; and                      (B)  end on December 31 of the third tax year   following the end of the incentive period;                (3)  specify the construction and incentive periods for   the project;                (4)  specify the manner for determining the taxable   value for school district maintenance and operations ad valorem tax   purposes during the incentive period under Section 403.605 for the   eligible property subject to the agreement;                (5)  specify the applicable jobs and investment   requirements prescribed by Section 403.604 and require the   applicant to comply with those requirements;                (6)   for a project other than an electric generation   facility described by Section 403.602(8)(A)(i)(b), require that   the average annual wage paid to all persons employed by the   applicant in required jobs in connection with the project be not   less than [ used to calculate total jobs exceed ] 110 percent of the   average annual wage for all jobs in the applicable industry sector   during the most recent four quarters for which data is available, as   computed by the Texas Workforce Commission, with the applicant's   average annual wage being equal to the quotient of:                      (A)  the applicant's total wages paid to all   persons holding required jobs [ , other than wages paid for   construction jobs, as reported under Section 403.616(c)(4) ]; and                      (B)  the applicant's number of required jobs   [ total ] jobs as certified [ reported ] under Section   403.616(c)(1)(A)(ii) [ 403.616(c)(3) ];                (7)  require the applicant to pay a penalty prescribed   by Section 403.614 if the applicant fails to comply with an   applicable jobs or wage requirement;                (8)  require the applicant to offer and contribute to a   group health benefit plan for each employee of the applicant who is   employed in a full-time job;                (9)  require the applicant, at the time the applicant   executes the agreement, to execute a performance bond in an amount   the comptroller determines to be reasonable and necessary to   protect the interests of the state and the district and conditioned   on the applicant's compliance with the terms of the agreement;                (10)  authorize the governor or the district to   terminate the agreement as provided by Subsection (d); and                (11)  incorporate each relevant provision of this   subchapter.          SECTION 5.  Sections 403.622(a), (c), and (e), Government   Code, as added by Chapter 377 (H.B. 5), Acts of the 88th   Legislature, Regular Session, 2023, are amended to read as follows:          (a)  Subject to Section 403.621, the comptroller shall post   on the comptroller's Internet website the following information   received by the comptroller:                (1)   each notice of a public hearing required to be   provided under Section 403.611(c);                 (2)   each application submitted under this subchapter;                 (3)  [ (2) ]  each map and economic benefit statement   required to be submitted with an application under this subchapter;                 (4)  [ (3) ]  each amendment to an application made under   this subchapter;                 (5)  [ (4) ]  each agreement entered into under this   subchapter; and                 (6)  [ (5) ]  each biennial compliance report submitted   as required under this subchapter.          (c)  The comptroller shall post the information described by   Subsection [ Subsections ] (a)(1)[ , (2), and (3) ] not later than the   10th business day after the date the public hearing that is the   subject of the notice described by that subdivision is held. The   comptroller shall post the information described by Subsections   (a)(2), (3), and (4) not later than the 10th business day after the   date the comptroller receives the agreement described by Subsection   (a)(5) to which the information relates .          (e)  The comptroller shall notify the governor and the   applicable school district of the comptroller's posting of the   information described by Subsection (a)(6) [ (a)(5) ] on the   comptroller's Internet website.          SECTION 6.  The changes in law made by this Act to Subchapter   T, Chapter 403, Government Code, as added by Chapter 377 (H.B. 5),   Acts of the 88th Legislature, Regular Session, 2023, apply only to   an agreement entered into under that subchapter pursuant to an   application submitted under that subchapter on or after the   effective date of this Act. An agreement entered into under that   subchapter pursuant to an application submitted before the   effective date of this Act is governed by the law in ef [Text truncated for display. Full text available on Congress.gov.]