Sec. 313.026. ECONOMIC IMPACT EVALUATION.
(a) The economic impact evaluation of the application must include any information the comptroller determines is necessary or helpful to:
(1) the governing body of the school district in determining whether to approve the application under Section 313.025; or
(2) the comptroller in determining whether to issue a certificate for a limitation on appraised value of the property under Section 313.025.
(b) Except as provided by Subsections (c) and (d), the comptroller’s determination whether to issue a certificate for a limitation on appraised value under this chapter for property described in the application shall be based on the economic impact evaluation described by Subsection (a) and on any other information available to the comptroller, including information provided by the governing body of the school district.
(c) The comptroller may not issue a certificate for a limitation on appraised value under this chapter for property described in an application unless the comptroller determines that:
(1) the project proposed by the applicant is reasonably likely to generate, before the 25th anniversary of the beginning of the limitation period, tax revenue, including state tax revenue, school district maintenance and operations ad valorem tax revenue attributable to the project, and any other tax revenue attributable to the effect of the project on the economy of the state, in an amount sufficient to offset the school district maintenance and operations ad valorem tax revenue lost as a result of the agreement; and
(2) the limitation on appraised value is a determining factor in the applicant’s decision to invest capital and construct the project in this state.
(d) The comptroller shall state in writing the basis for the determinations made under Subsections (c)(1) and (2).
(e) The applicant may submit information to the comptroller that would provide a basis for an affirmative determination under Subsection (c)(2).
(f) Notwithstanding Subsections (c) and (d), if the comptroller makes a qualitative determination that other considerations associated with the project result in a net positive benefit to the state, the comptroller may issue the certificate.
Added by Acts 2001, 77th Leg., ch. 1505, Sec. 1, eff. Jan. 1, 2002.
Acts 2007, 80th Leg., R.S., Ch. 864 (H.B. 1470), Sec. 4, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1186 (H.B. 3676), Sec. 6, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1304 (H.B. 3390), Sec. 7, eff. January 1, 2014.