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Sec. 313.024.

Sec. 313.024. ELIGIBLE PROPERTY.

(a) This subchapter and Subchapter C apply only to property owned by an entity subject to the tax imposed by Chapter 171.

(b) To be eligible for a limitation on appraised value under this subchapter, the entity must use the property for:

(1) manufacturing;

(2) research and development;

(3) a clean coal project, as defined by Section 5.001, Water Code;

(4) an advanced clean energy project, as defined by Section 382.003, Health and Safety Code;

(5) renewable energy electric generation;

(6) electric power generation using integrated gasification combined cycle technology;

(7) nuclear electric power generation;

(8) a computer center primarily used in connection with one or more activities described by Subdivisions (1) through (7) conducted by the entity; or

(9) a Texas priority project.

(b-1) Notwithstanding any other provision of this subchapter, an owner of a parcel of land that is located wholly or partly in a reinvestment zone, a new building constructed on the parcel of land, a new improvement erected or affixed on the parcel of land, or tangible personal property placed in service in the building or improvement or on the parcel of land may not receive a limitation on appraised value under this subchapter for the parcel of land, building, improvement, or tangible personal property under an agreement under this subchapter that is entered into on or after September 1, 2017, if, on or after that date, a wind-powered energy device is installed or constructed on the same parcel of land at a location that is within 25 nautical miles of the boundaries of a military aviation facility located in this state. The prohibition provided by this subsection applies regardless of whether the wind-powered energy device is installed or constructed at a location that is in the reinvestment zone.

(c) For purposes of determining an applicant’s eligibility for a limitation under this subchapter:

(1) the land on which a building or component of a building described by Section 313.021(1)(E) is located is not considered a qualified investment;

(2) property that is leased under a capitalized lease may be considered a qualified investment;

(3) property that is leased under an operating lease may not be considered a qualified investment; and

(4) property that is owned by a person other than the applicant and that is pooled or proposed to be pooled with property owned by the applicant may not be included in determining the amount of the applicant’s qualifying investment.

(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 weekly wage for all jobs created by the owner that are not qualifying jobs must exceed the county average weekly wage for all jobs in the county where the jobs are located.

(d-2) For purposes of determining whether a property owner has created the number of new qualifying jobs required for eligibility for a limitation on appraised value under this subchapter, the new qualifying jobs created under an agreement between the property owner and another school district may be included in the total number of new qualifying jobs created in connection with the project if the Texas Economic Development and Tourism Office determines that the projects covered by the agreements constitute a single unified project. The Texas Economic Development and Tourism Office may adopt rules to implement this subsection.

(e) In this section:

(1) “Manufacturing” means an establishment primarily engaged in activities described in sectors 31-33 of the 2007 North American Industry Classification System.

(2) “Renewable energy electric generation” means an establishment primarily engaged in activities described in category 221119 of the 1997 North American Industry Classification System.

(3) “Integrated gasification combined cycle technology” means technology used to produce electricity in a combined combustion turbine and steam turbine application using synthetic gas or another product produced from the gasification of coal or another carbon-based feedstock, including related activities such as materials-handling and gasification of coal or another carbon-based feedstock.

(4) “Nuclear electric power generation” means activities described in category 221113 of the 2002 North American Industry Classification System.

(5) “Research and development” means an establishment primarily engaged in activities described in category 541710 of the 2002 North American Industry Classification System.

(6) “Computer center” means an establishment primarily engaged in providing electronic data processing and information storage.

(7) “Texas priority project” means a project on which the applicant has committed to expend or allocate a qualified investment of more than $1 billion.

(8) “Military aviation facility” has the meaning assigned by Section 312.0021.

(9) “Wind-powered energy device” has the meaning assigned by Section 11.27.

Added by Acts 2001, 77th Leg., ch. 1505, Sec. 1, eff. Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch. 1097 (H.B. 2201), Sec. 5, eff. June 18, 2005.

Acts 2006, 79th Leg., 3rd C.S., Ch. 1 (H.B. 3), Sec. 16(b), eff. January 1, 2008.

Acts 2006, 79th Leg., 3rd C.S., Ch. 1 (H.B. 3), Sec. 16(c), eff. January 1, 2008.

Acts 2007, 80th Leg., R.S., Ch. 1262 (H.B. 2994), Sec. 3, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1262 (H.B. 2994), Sec. 4, eff. January 1, 2008.

Acts 2007, 80th Leg., R.S., Ch. 1262 (H.B. 2994), Sec. 5, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1277 (H.B. 3732), Sec. 10, eff. January 1, 2008.

Acts 2009, 81st Leg., R.S., Ch. 1186 (H.B. 3676), Sec. 3, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1186 (H.B. 3676), Sec. 4, eff. June 19, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 1304 (H.B. 3390), Sec. 4, eff. January 1, 2014.

Acts 2013, 83rd Leg., R.S., Ch. 1304 (H.B. 3390), Sec. 5, eff. January 1, 2014.

Acts 2017, 85th Leg., R.S., Ch. 444 (S.B. 277), Sec. 3, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 444 (S.B. 277), Sec. 4, eff. September 1, 2017.

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