logo-updated-012918
Property Tax Inquiries Call 713.290.9700

H.B. No. 1470

H.B. No. 1470

AN ACT
relating to the Texas Economic Development Act, including the
continuation of that Act and tax credits claimed under that Act, and
to the duties of the comptroller of public accounts and Texas
Education Agency under that Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 313.007, Tax Code, is amended to read as
follows:
Sec. 313.007. EXPIRATION. Subchapters B, C, and D expire
December 31, 2011 [2007].
SECTION 2. Section 313.025, Tax Code, is amended by amending
Subsections (b) and (d) and adding Subsection (b-1) to read as
follows:
(b) The governing body of a school district is not required
to consider an application for a limitation on appraised value that
is filed with the governing body under Subsection (a). If the
governing body of the school district does elect to consider an
application, the governing body shall deliver three copies of the
application to the comptroller and request that the comptroller
provide [engage a third person to conduct] an economic impact
evaluation of the application to [on behalf of] the school
district. Except as provided by Subsection (b-1), the comptroller
shall conduct or contract with a third person to conduct the
evaluation, which shall be completed and provided to the governing
body of the school district as soon as practicable. The governing
body shall provide to the comptroller or third person any requested
information. A methodology to allow comparisons of economic impact
for different schedules of the addition of qualified investment or
qualified property may be developed as part of the economic impact
evaluation. The governing body shall provide a copy of the
evaluation to the applicant on request. The comptroller may charge
and collect a fee sufficient to cover the costs of providing the
economic impact evaluation. The governing body of a school
district shall [and] approve or disapprove an application before
the 121st day after the date the application is filed, unless the
economic impact evaluation has not been received or an extension is
agreed to by the governing body and the applicant.
(b-1) The comptroller shall indicate on one copy of the
application the date the comptroller received the application and
deliver that copy to the Texas Education Agency. The Texas
Education Agency shall determine the effect that the applicant’s
proposal will have on the number or size of the school district’s
instructional facilities, as required to be included in the
economic impact evaluation by Section 313.026(a)(9), and submit a
written report containing the agency’s determination to the
comptroller. The governing body of the school district shall
provide any requested information to the Texas Education Agency.
Not later than the 45th day after the date the application indicates
that the comptroller received the application, the Texas Education
Agency shall make the required determination and submit the
agency’s written report to the comptroller. A third person
contracted by the comptroller to conduct an economic impact
evaluation of an application is not required to make a
determination that the Texas Education Agency is required to make
and report to the comptroller under this subsection.
(d) [On receipt of an application under this section that
the governing body elects to consider, the school district shall
deliver one copy of the application to the comptroller.] Before the
61st day after the date the comptroller receives the copy of the
application [is received], the comptroller[, using the criteria
listed in Section 313.026,] shall submit a recommendation to the
governing body of the school district as to whether the application
should be approved or disapproved.
SECTION 3. Section 313.025, Tax Code, is amended by adding
Subsection (f-1) 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.
SECTION 4. Section 313.026, Tax Code, is amended to read as
follows:
Sec. 313.026. ECONOMIC IMPACT EVALUATION. (a) The
economic impact evaluation of the application must include the
following:
(1) the recommendations of the comptroller;
(2) the relationship between the applicant’s industry
and the types of qualifying jobs to be created by the applicant to
the long-term economic growth plans of this state as described in
the strategic plan for economic development submitted by the Texas
Strategic Economic Development Planning Commission under Section
481.033, Government Code, as that section existed before February
1, 1999;
(3) the relative level of the applicant’s investment
per qualifying job to be created by the applicant;
(4) the wages, salaries, and benefits to be offered by
the applicant to qualifying job holders;
(5) the ability of the applicant to locate or relocate
in another state or another region of this state;
(6) the impact the added infrastructure will have on
the region, including:
(A) revenue gains that would be realized by the
school district; and
(B) subsequent economic effects on the local and
regional tax bases;
(7) the economic condition of the region of the state
at the time the person’s application is being considered;
(8) the number of new facilities built or expanded in
the region during the two years preceding the date of the
application that were eligible to apply for a limitation on
appraised value under this subchapter; and
(9) the effect of the applicant’s proposal, if
approved, on the number or size of the school district’s
instructional facilities, as defined by Section 46.001, Education
Code.
(b) The comptroller’s recommendations shall be based on the
criteria listed in Subsections (a)(2)-(9) and on any other
information available to the comptroller, including information
provided by the governing body of the school district under Section
313.025(b).
(c) Subsection (b) does not apply to the comptroller’s
recommendations made before December 31, 2007. This subsection
expires December 31, 2008.
SECTION 5. Section 313.104, Tax Code, is amended to read as
follows:
Sec. 313.104. ACTION ON APPLICATION; GRANT OF CREDIT.
Before the 90th day after the date the application for a tax credit
is filed, the governing body of the school district shall:
(1) determine the person’s eligibility for a tax
credit under this subchapter; and
(2) if the person’s application is approved, by order
or resolution direct the collector of taxes for the school
district:
(A) in the second and subsequent six tax years
that begin after the date the application is approved, to credit
against the taxes imposed on the qualified property by the district
in that year an amount equal to one-seventh of the total amount of
tax credit to which the person is entitled under Section 313.102,
except that the amount of a credit granted in any of those tax years
may not exceed 50 percent of the total amount of ad valorem school
taxes imposed on the qualified property by the school district in
that tax year; and
(B) in the first three tax years [year] that
begin [begins] on or after the date the person’s eligibility for the
limitation under Subchapter B or C expires, to credit against the
taxes imposed on the qualified property by the district an amount
equal to the portion of the total amount of tax credit to which the
person is entitled under Section 313.102 that was not credited
against the person’s taxes under Paragraph (A) in a tax year covered
by Paragraph (A), except that the amount of a tax credit granted
under this paragraph in any tax year may not exceed the total amount
of ad valorem school taxes imposed on the qualified property by the
school district in that tax year.
SECTION 6. Sections 16(a) and (d), Chapter 1, Acts of the
79th Legislature, 3rd Called Session, 2006, are repealed.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, Sections 313.025 and 313.026, Tax Code, as amended by this
Act, apply only to an application for a limitation on appraised
value under Chapter 313 of that code in connection with which the
governing body of a school district, before December 31, 2007, has
not engaged a third person to conduct an economic impact
evaluation. An application for a limitation on appraised value in
connection with which the governing body of a school district,
before December 31, 2007, has engaged a third person to conduct an
economic impact evaluation is governed by the law in effect
immediately before December 31, 2007, and the former law is
continued in effect for that purpose.
(b) Subsection (a) of this section does not apply to Section
313.025(f-1), Tax Code, as added by this Act.
(c) The changes in law made by this Act to Section 313.104,
Tax Code, apply only to an application for a school tax credit under
Subchapter D, Chapter 313, Tax Code, that is filed on or after the
effective date provided by Section 8(a) of this Act. An application
for a school tax credit under Subchapter D, Chapter 313, Tax Code,
that was filed before that date is governed by the law in effect
when the application was filed, and the former law is continued in
effect for that purpose.
SECTION 8. (a) Except as otherwise provided by Subsection
(b) of this section, 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, 2007.
(b) Section 2 of this Act takes effect December 31, 2007.

______________________________ ______________________________
President of the Senate Speaker of the House

I certify that H.B. No. 1470 was passed by the House on April
26, 2007, by the following vote: Yeas 138, Nays 3, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1470 on May 24, 2007, by the following vote: Yeas 141, Nays 0,
2 present, not voting.

______________________________
Chief Clerk of the House

I certify that H.B. No. 1470 was passed by the Senate, with
amendments, on May 22, 2007, by the following vote: Yeas 30, Nays
0.

______________________________
Secretary of the Senate
APPROVED: __________________
Date

__________________
Governor

Property Tax Protection Program™ Benefits

  • No flat fees or upfront costs.  No cost ever unless your property taxes are reduced.
  • All practical efforts are made every year to reduce your property taxes.
  • Never miss another appeal deadline.
  • Property taxes protested for you annually.
  • You do not have to accept the appraisal district’s initial guesstimate of value.
  • We coordinate with you regarding building size / condition to avoid excess taxes.
  • Free support regarding homestead exemptions.
  • Some years are good – typically 6 to 7 out of 10 will result in tax reduction for you.
  • The other 3 to 4 years out of 10 we strike out. Most often due to people issues in the hearing process. Some years we get an easy appraiser at the informal; some years someone who is impossible to settle with.
The Residential Property Protection Program™
is powered by O’Connor
  • Enter your information below and your documents and enrollment information will be emailed to you within one business day

  • Hidden
  • Hidden
  • Hidden
  • Call 713.290.9700 to discuss with a representative.

    Please monitor your E-mail and spam filter. If you don't receive your enrollment documents within 24 business hours, call 713.290.9700 8am - 5pm CST

  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • Hidden
  • This field is for validation purposes and should be left unchanged.

When you submit your enrollment, you understand this is a risk free offer to you. If your taxes are not reduced you PAY NOTHING, and a portion of the tax savings is the only fee you pay when your taxes are reduced.