HB4149 - Relating to the Texas Jobs, Energy, Technology, and Innovation Act.

      By: Button H.B. No. 4149       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 406.609(b), Government Code, is amended   to read as follows:          Sec. 403.609.  COMPTROLLER ACTION ON APPLICATION.  (a)  The   comptroller shall determine whether to recommend or not recommend   for approval an application submitted to the comptroller under   Section 403.607.  The comptroller shall recommend an application   for approval if the comptroller makes the findings prescribed by   Subsection (b). The comptroller may not recommend an application   for approval if the comptroller is unable to make the findings   prescribed by that subsection.          (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 project described by Section   403.602(8)(A)(i)(a), (c), (d) or (ii), 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.          (c)  In making the finding required by Subsection (b)(3), the   comptroller shall consider factors related to the selection of the   proposed site for the project, including the workforce, the   regulatory environment, infrastructure, transportation, market   conditions, investment alternatives, and any specific incentive   information provided by the applicant related to other potential   sites.          (d)  Not later than the 60th day after the date the   comptroller determines that an application is complete, the   comptroller shall take the action required by Subsection (a)   regarding the application and provide written notice of the action   to the governor, the school district in which the project is   proposed to be located, and the applicant.          (e)  The comptroller shall send to the governor and the   applicable school district with the notice required by Subsection   (d) regarding an application recommended by the comptroller under   Subsection (a) a copy of the application and each document and item   of information the comptroller relied on to recommend the   application.          SECTION 2.  This Act takes effect September 1, 2025.