Texas Laws - Government Code
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT

SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING BOTH STATE AND LOCAL GOVERNMENTS (95980)(1-click HTML)

CHAPTER 2302. COGENERATION (95981)(1-click HTML)
Sec. 2302.001. DEFINITIONS. (95982)(1-click HTML)

In this chapter: (95983)

(1) "Cogenerating state agency" means a state agency that has constructed or operates a state agency cogeneration facility. (95984)

(2) "Commission" means the Public Utility Commission of Texas. (95985)

(3) Repealed by Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(c)(1), and Ch. 755 (S.B. 1731), Sec. 14(c)(1), eff. September 1, 2017. (95986)

(4) "Firm power" means power or power-producing capacity that, under an enforceable obligation, is available to the purchasing party according to a schedule over a specified term. (95987)

(5) "Nonfirm power" means power provided under an arrangement that does not guarantee that power will be available according to a schedule but provides instead for delivery of power as it is available. (95988)

(6) "Qualifying facility" means a qualifying small power production facility or a qualifying cogeneration facility as defined by Sections 3(17)(C) and 3(18)(B) of the Federal Power Act (16 U.S.C. Sections 796(17)(C) and 796(18)(B)). (95989)

(7) "State agency" means an office, department, commission, or board of any branch of state government or an institution of higher education as defined by Section 61.003, Education Code. (95990)

(8) "State agency cogeneration facility" means a qualifying facility constructed or operated by a state agency for the benefit of a state agency facility that is located adjacent to or on property contiguous with the site of the qualifying facility. (95991)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (95992)

Amended by: (95993)

Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(c)(1), eff. September 1, 2017. (95994)

Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 14(c)(1), eff. September 1, 2017. (95995)

SUBCHAPTER B. COGENERATION (95996)(1-click HTML)
Sec. 2302.021. STATE AGENCY COGENERATION PROJECTS. (95997)(1-click HTML)

(a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(c)(3), and Ch. 755 (S.B. 1731), Sec. 14(c)(3), eff. September 1, 2017. (95998)

(b) A state agency cogeneration facility's size and design is limited to the size and design that is necessary to supply economically the cogenerating state agency, considering the optimum balance of annual thermal and electrical energy requirements and any expansions anticipated in the near future. (95999)

(c) This section does not apply to a state agency cogeneration facility if, before September 1, 1987: (96000)

(1) the facility was in operation; (96001)

(2) the facility's final engineering design had been completed; or (96002)

(3) construction of the facility had begun. (96003)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96004)

Amended by: (96005)

Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(c)(3), eff. September 1, 2017. (96006)

Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 14(c)(3), eff. September 1, 2017. (96007)

Sec. 2302.023. JOINT COGENERATION PROJECTS. (96008)(1-click HTML)

Subject to this chapter, two or more state agencies may jointly construct or operate a state agency cogeneration facility. (96009)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96010)

Sec. 2302.024. AUTHORITY TO SELL POWER. (96011)(1-click HTML)

A cogenerating state agency may contract in the same manner as a qualifying facility for the sale to an electric utility of firm or nonfirm power produced by the state agency cogeneration facility that exceeds the agency's power requirements. (96012)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96013)

Amended by: (96014)

Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 4(b), eff. September 1, 2017. (96015)

Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 14(b), eff. September 1, 2017. (96016)

Sec. 2302.025. MONEY FROM POWER SALES. (96017)(1-click HTML)

(a) A state agency shall first apply money it collects from the sale of firm or nonfirm power to retire any outstanding debt and pay operating expenses that result from constructing and maintaining the state agency cogeneration facility. (96018)

(b) A state agency shall deposit to the credit of the general revenue fund any money it collects under this chapter that exceeds the amount needed to service the debt and pay the operating expenses of the state agency cogeneration facility. (96019)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96020)

Sec. 2302.041. COOPERATION WITH COGENERATING STATE AGENCIES. (96021)(1-click HTML)

A political subdivision, municipality, or agency of the state that operates, maintains, or controls a facility that provides retail electric utility service: (96022)

(1) shall cooperate with a cogenerating state agency that attempts to sell firm or nonfirm power; and (96023)

(2) may not adopt rates, pricing policies, access restrictions, or other rules inconsistent with the intent of this chapter. (96024)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96025)

Sec. 2302.042. PETITION FOR ENFORCEMENT. (96026)(1-click HTML)

(a) A state agency may file a petition with the commission to enforce Section 2302.041. (96027)

(b) Notwithstanding any other law, if a state agency files a petition under this section, the commission may determine issues relating to rates, pricing policies, access restrictions, and other matters regarding a state agency cogeneration facility as necessary to enforce Section 2302.041. (96028)

(c) The commission retains jurisdiction until the commission by final order resolves the issues raised in the petition. (96029)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96030)

Sec. 2302.043. ORDER OR RULING. (96031)(1-click HTML)

(a) A commission order or ruling entered under this chapter is considered to have been entered or adopted under the Public Utility Regulatory Act of 1995. (96032)

(b) A commission order or ruling entered under this chapter is enforced under Subtitle I, Title I, Public Utility Regulatory Act of 1995. (96033)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 765, Sec. 2.24, eff. Sept. 1, 1995. (96034)

Sec. 2302.044. JURISDICTION. (96035)(1-click HTML)

This chapter does not enlarge or modify the commission's jurisdiction over a political subdivision, municipality, or agency of the state. (96036)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96037)

CHAPTER 2303. ENTERPRISE ZONES (96038)(1-click HTML)
Sec. 2303.001. SHORT TITLE. (96039)(1-click HTML)

This chapter may be cited as the Texas Enterprise Zone Act. (96040)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96041)

Sec. 2303.002. PURPOSES. (96042)(1-click HTML)

The purposes of this chapter are to establish a process that clearly identifies severely distressed areas of the state and provides incentives by state and local government to induce private investment in those areas by removing unnecessary governmental regulatory barriers to economic growth and to provide tax incentives and economic development program benefits. (96043)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96044)

Sec. 2303.003. DEFINITIONS. (96045)(1-click HTML)

In this chapter: (96046)

(1) "Bank" means the Texas Economic Development Bank established under Chapter 489. (96047)

(1-a) "Block group" has the meaning assigned by the Bureau of the Census of the United States Department of Commerce. (96048)

(1-b) "Day" means the period between 8 a.m. and 5 p.m. of a day other than a Saturday, Sunday, or state or federal holiday. (96049)

(1-c) "Distressed county" means a county: (96050)

(A) that has a poverty rate above 15.4 percent; (96051)

(B) in which at least 25.4 percent of the adult population does not hold a high school diploma or high school equivalency certificate; and (96052)

(C) that has an unemployment rate that has remained above 4.9 percent during the preceding five years. (96053)

(2) Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(6). (96054)

(3) "Enterprise zone" means an area designated as an enterprise zone under this chapter. (96055)

(3-a) "Governing body of an enterprise zone" means the governing body of a municipality or county in which an enterprise zone is located. (96056)

(4) Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(6). (96057)

(5) "Nominating body" means the governing body of a municipality or county that nominates a project or activity of a qualified business for designation as an enterprise project. (96058)

(5-a) "Office" means the Texas Economic Development and Tourism Office within the office of the governor. (96059)

(6) "Qualified business" means a person certified as a qualified business under Section 2303.402. (96060)

(6-a) "Qualified business site" means the specific business site of an enterprise project. (96061)

(7) "Qualified employee" means a person who: (96062)

(A) works for a qualified business; (96063)

(B) receives wages from the qualified business from which employment taxes are deducted; and (96064)

(C) performs at least 50 percent of the person's service for the business at the qualified business site, or if the person engages in the transportation of goods or services, the person reports to the qualified business site and resides within 50 miles of the qualified business site. (96065)

(8) "Qualified hotel project" means a hotel proposed to be constructed by a municipality or a nonprofit municipally sponsored local government corporation created under the Texas Transportation Corporation Act, Chapter 431, Transportation Code, that is within 1,000 feet of a convention center owned by a municipality having a population of 1,500,000 or more, including shops, parking facilities, and any other facilities ancillary to the hotel. (96066)

(9) "Veteran" means a person who: (96067)

(A) has served in: (96068)

(i) the army, navy, air force, coast guard, or marine corps of the United States; (96069)

(ii) the state military forces as defined by Section 431.001; or (96070)

(iii) an auxiliary service of one of those branches of the armed forces; and (96071)

(B) has been honorably discharged from the branch of the service in which the person served. (96072)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.50, 5.55, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1121, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 814, Sec. 3.01, 6.01(6), eff. Sept. 1, 2003. (96073)

Amended by: (96074)

Acts 2005, 79th Leg., Ch. 1243 (H.B. 1659), Sec. 1, eff. September 1, 2005. (96075)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 1, eff. June 15, 2007. (96076)

Acts 2013, 83rd Leg., R.S., Ch. 490 (S.B. 1719), Sec. 1, eff. June 14, 2013. (96077)

Acts 2013, 83rd Leg., R.S., Ch. 802 (S.B. 1548), Sec. 1, eff. June 14, 2013. (96078)

Acts 2015, 84th Leg., R.S., Ch. 227 (H.B. 1964), Sec. 4, eff. May 29, 2015. (96079)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 1, eff. September 1, 2015. (96080)

Sec. 2303.004. JURISDICTION OF MUNICIPALITY. (96081)(1-click HTML)

(a) For the purposes of this chapter, territory in the municipal boundaries and in the extraterritorial jurisdiction of a municipality is considered to be in the jurisdiction of the municipality. (96082)

(b) Notwithstanding Subsection (a), the governing body of a county may nominate for designation as an enterprise project a project or activity of a qualified business that is located within the jurisdiction of a municipality located in the county. (96083)

(c) Before a county makes a nomination under Subsection (b), the nominating county must enter into an interlocal agreement with the municipality that has jurisdiction of the territory in which the nominated project or activity will be located. The interlocal agreement must specify that either the nominating county or the municipality that has jurisdiction of the territory in which the nominated project or activity will be located is the governmental body having administration authority under Section 2303.201 and that both the nominating county and municipality approve the nomination. For purposes of this subsection, a county during any biennium may use the maximum number of designations the county is permitted under Section 2303.406(d) within the territory described by this subsection. (96084)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96085)

Amended by: (96086)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 2, eff. June 15, 2007. (96087)

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 33, eff. September 1, 2011. (96088)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 2, eff. September 1, 2015. (96089)

SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES RELATING TO ZONES (96090)(1-click HTML)
Sec. 2303.051. GENERAL POWERS AND DUTIES. (96091)(1-click HTML)

(a) The bank shall administer and monitor the implementation of this chapter. (96092)

(a-1) The bank shall compile data identifying the block groups in this state that automatically qualify for designation as enterprise zones under this chapter using the poverty data available from the most recent federal decennial census. The bank shall update the block group information as soon as practicable after the date on which the next federal decennial census is released. The bank shall make the information and updates available in an electronic format on the office's Internet website. (96093)

(a-2) The bank shall annually compile data identifying the distressed counties in this state that automatically qualify for designation as enterprise zones under this chapter. (96094)

(b) The bank shall establish criteria and procedures for designating a project or activity of a qualified business as an enterprise project. (96095)

(c) The office shall adopt rules necessary to carry out the purposes of this chapter. (96096)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.02, eff. Sept. 1, 2003. (96097)

Amended by: (96098)

Acts 2005, 79th Leg., Ch. 1243 (H.B. 1659), Sec. 2, eff. September 1, 2005. (96099)

Sec. 2303.052. BANK REPORT REGARDING PROGRAM. (96100)(1-click HTML)

The bank must include the following information regarding the enterprise zone program in the report required by Section 489.107: (96101)

(1) an evaluation of the effectiveness of the program; (96102)

(2) a description of the use of state and local incentives under this chapter and their effect on revenue; and (96103)

(3) suggestions for legislation with regard to the program. (96104)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1121, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 814, Sec. 3.02, eff. Sept. 1, 2003. (96105)

Amended by: (96106)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 3, eff. June 15, 2007. (96107)

Sec. 2303.053. ASSISTANCE. (96108)(1-click HTML)

(a) The bank shall assist: (96109)

(1) a qualified business in obtaining the benefits of any incentive or inducement program provided by law; (96110)

(2) a unit of local government in obtaining status as a federal zone designation that furthers the purpose of this chapter; (96111)

(3) a nominating body in obtaining assistance from another state agency, including training and technical assistance to qualified businesses in an enterprise zone; and (96112)

(4) a nominating body in developing small business incubators. (96113)

(b) The bank shall provide to persons desiring to locate and engage in business in an enterprise zone information and appropriate assistance relating to the required legal authorization, including a state license, permit, certificate, approval, registration, or charter, to engage in business in this state. (96114)

(c) The bank shall publicize existing tax incentives and economic development programs in enterprise zones. (96115)

(d) On request the bank shall offer to a unit of local government having an enterprise zone within its jurisdiction technical assistance relating to tax abatement and the development of alternative revenue sources. (96116)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.02, eff. Sept. 1, 2003. (96117)

Sec. 2303.054. COORDINATION WITH OTHER GOVERNMENTAL ENTITIES. (96118)(1-click HTML)

(a) In cooperation with the appropriate units of local government and other state agencies, the bank shall coordinate and streamline state business assistance programs and permit or license application procedures for businesses in enterprise zones. (96119)

(b) The bank shall: (96120)

(1) work with the responsible state and federal agencies to coordinate enterprise zone programs with other programs carried out in an enterprise zone, including housing, community and economic development, small business, banking, financial assistance, transportation, and employment training programs; (96121)

(2) work to expedite, to the greatest extent possible, the consideration of applications for those programs by consolidating forms or by other means; and (96122)

(3) work, when possible, for the consolidation of periodic reports required under those programs into one summary report. (96123)

(c) The bank shall encourage other state agencies in awarding grants, loans, or services to give priority to businesses in enterprise zones. (96124)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.02, eff. Sept. 1, 2003. (96125)

SUBCHAPTER C. DESIGNATION OF ENTERPRISE ZONE (96126)(1-click HTML)
Sec. 2303.101. QUALIFICATION FOR ENTERPRISE ZONE DESIGNATION. (96127)(1-click HTML)

An area automatically qualifies for designation as an enterprise zone if the area is: (96128)

(1) a block group, as defined by the most recent federal decennial census available at the time of designation, in which at least 20 percent of the residents of the block group have an income at or below 100 percent of the federal poverty level; (96129)

(2) an area designated by the federal government as a renewal community, a federal empowerment zone, or a federal enterprise community, including any developable area approved by the federal agency responsible for making that designation; (96130)

(3) an area located in a distressed county; or (96131)

(4) an area inside the boundaries of a defense base development authority established under Chapter 379B, Local Government Code. (96132)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.03, eff. Sept. 1, 2003. (96133)

Amended by: (96134)

Acts 2005, 79th Leg., Ch. 1243 (H.B. 1659), Sec. 3, eff. September 1, 2005. (96135)

Acts 2013, 83rd Leg., R.S., Ch. 1401 (H.B. 3066), Sec. 1, eff. June 14, 2013. (96136)

Sec. 2303.109. PERIOD OF DESIGNATION. (96137)(1-click HTML)

(a) An enterprise zone designation remains in effect indefinitely so long as the area continues to qualify for designation as an enterprise zone under this chapter. If an area described by Section 2303.101(1) no longer qualifies for enterprise zone designation following the release of a subsequent federal decennial census, the area's designation remains in effect until the date on which the bank makes the updated information for that subsequent census available to the public as required by Section 2303.051. (96138)

(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 591 , Sec. 13, eff. September 1, 2015. (96139)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 985, Sec. 3, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 814, Sec. 3.04, eff. Sept. 1, 2003. (96140)

Amended by: (96141)

Acts 2005, 79th Leg., Ch. 1243 (H.B. 1659), Sec. 4, eff. September 1, 2005. (96142)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 13, eff. September 1, 2015. (96143)

SUBCHAPTER D. ADMINISTRATION (96144)(1-click HTML)
Sec. 2303.201. ADMINISTRATION BY GOVERNING BODY. (96145)(1-click HTML)

(a) The governing body of an enterprise zone is the governing body of the municipality or county with jurisdiction over the area designated as an enterprise zone, except as provided by Subsection (b). (96146)

(b) The governing body with administration authority over an enterprise project nominated under Section 2303.004(c) is determined under the terms of an interlocal agreement required by that subsection. (96147)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.06, eff. Sept. 1, 2003. (96148)

Amended by: (96149)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 3, eff. September 1, 2015. (96150)

Sec. 2303.204. LIAISON. (96151)(1-click HTML)

A nominating body shall designate a liaison to oversee enterprise projects it has nominated under this chapter and to communicate and negotiate with: (96152)

(1) the bank or the office; (96153)

(2) an enterprise project; and (96154)

(3) other entities in an enterprise zone or affected by an enterprise project, including a qualified business, within the jurisdiction of the nominating governmental entity. (96155)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.07, eff. Sept. 1, 2003. (96156)

Sec. 2303.205. ANNUAL REPORT. (96157)(1-click HTML)

(a) Not later than October 1 of each year, the nominating body of a project or activity designated as an enterprise project shall submit to the bank a report in the form required by the bank. (96158)

(b) Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(6). (96159)

(c) The report must include for the year preceding the date of the report: (96160)

(1) a list of local incentives for community development available in the jurisdiction of the governmental entity nominating the enterprise project; (96161)

(2) the use of local incentives described by the nominating body in the ordinance or order nominating the enterprise project and the effect of those incentives on revenue; (96162)

(3) the number of businesses assisted, located, and retained in the jurisdiction of the governmental entity nominating the enterprise project due to the existence of the enterprise zone program; and (96163)

(4) a summary of all industrial revenue bonds issued to finance enterprise projects located in the jurisdiction of the governmental entity nominating the enterprise project. (96164)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 985, Sec. 4, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 814, Sec. 3.08, 6.01(6), eff. Sept. 1, 2003. (96165)

SUBCHAPTER F. QUALIFIED BUSINESSES AND ENTERPRISE PROJECTS (96166)(1-click HTML)
Sec. 2303.401. DEFINITIONS. (96167)(1-click HTML)

In this subchapter: (96168)

(1) "New permanent job" means a new employment position that: (96169)

(A) is created by a qualified business as described by Section 2303.402 at the qualified business site not earlier than the 90th day before the date the business's project or activity is designated as an enterprise project under this chapter; (96170)

(B) will provide or has provided for the duration of the project's designation period at least 1,820 hours of employment a year to a qualified employee; and (96171)

(C) will exist or has existed at the qualified business site for the longer of: (96172)

(i) the duration of the project's designation period; or (96173)

(ii) three years after the date on which a state benefit is received as authorized by this chapter. (96174)

(2) "Retained job" means a job that: (96175)

(A) existed with a qualified business on the 91st day before the date the business's project or activity is designated as an enterprise project; (96176)

(B) has provided and will continue to provide employment to a qualified employee of at least 1,820 hours annually; and (96177)

(C) will be or has been an employment position for the longer of: (96178)

(i) the duration of the project's designation period; or (96179)

(ii) three years after the expiration date of the claim period for receipt of a state benefit authorized by this chapter. (96180)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.52(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 985, Sec. 6, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1121, Sec. 3, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 814, Sec. 3.09, eff. Sept. 1, 2003. (96181)

Amended by: (96182)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 4, eff. June 15, 2007. (96183)

Sec. 2303.402. QUALIFIED BUSINESS. (96184)(1-click HTML)

(a) A person is a qualified business if the bank, for the purpose of state benefits under this chapter, or the nominating body of a project or activity of the person under this chapter, for the purpose of local incentives, certifies that: (96185)

(1) the person is engaged in or has provided substantial commitment to initiate the active conduct of a trade or business in an enterprise zone, and at least 25 percent of the person's new permanent jobs in the enterprise zone are held by: (96186)

(A) residents of any enterprise zone in this state; (96187)

(B) economically disadvantaged individuals; or (96188)

(C) veterans; or (96189)

(2) the person is engaged in or has provided substantial commitment to initiate the active conduct of a trade or business in an area of this state that does not qualify as an enterprise zone, and at least 35 percent of the person's new permanent jobs at the qualified business site are held by: (96190)

(A) residents of any enterprise zone in this state; (96191)

(B) individuals who are economically disadvantaged; or (96192)

(C) veterans. (96193)

(b) Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(6). (96194)

(c) For the purposes of this section, an economically disadvantaged individual is an individual who: (96195)

(1) was unemployed for at least three months before obtaining employment with the qualified business; (96196)

(2) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty; (96197)

(3) is a low-income individual, as defined by Section 101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25)); (96198)

(4) is an individual with a disability, as defined by 29 U.S.C. Section 705(20)(A); (96199)

(5) is an inmate, as defined by Section 498.001; (96200)

(6) is entering the workplace after being confined in a facility operated by or under contract with the Texas Department of Criminal Justice for the imprisonment of individuals convicted of felonies other than state jail felonies; (96201)

(7) has been released by the Texas Juvenile Justice Department and is on parole, if state law provides for such a person to be on parole; (96202)

(8) meets the current low income or moderate income limits developed under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f et seq.); or (96203)

(9) was under the permanent managing conservatorship of the Department of Family and Protective Services on the day preceding the individual's 18th birthday. (96204)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Renumbered from Government Code Sec. 2303.401 and amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.52(a) and Acts 1995, 74th Leg., ch. 985, Sec. 6, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 814, Sec. 3.10, 6.01(6), eff. Sept. 1, 2003. (96205)

Amended by: (96206)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 5, eff. June 15, 2007. (96207)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.089, eff. September 1, 2009. (96208)

Acts 2009, 81st Leg., R.S., Ch. 1116 (H.B. 1043), Sec. 2, eff. September 1, 2009. (96209)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 4, eff. September 1, 2015. (96210)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 116, eff. September 1, 2015. (96211)

Sec. 2303.403. PROHIBITION ON QUALIFIED BUSINESS CERTIFICATION; LIMIT ON ENTERPRISE PROJECT DESIGNATIONS. (96212)(1-click HTML)

If the bank determines that the governing body eligible to nominate an enterprise project is not complying with this chapter, the bank shall prohibit the certification of a qualified business until the bank determines that the governing body is complying with this chapter. The bank may not designate more than 105 enterprise projects during any biennium. Any designations remaining at the end of a biennium may be carried forward to the next biennium. (96213)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Renumbered from Government Code Sec. 2303.402 by Acts 1995, 74th Leg., ch. 76, Sec. 5.52(a), eff. Sept. 1, 1995, and Acts 1995, 74th Leg., ch. 985, Sec. 6, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 813, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 814, Sec. 3.11, eff. Sept. 1, 2003. (96214)

Amended by: (96215)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 6, eff. June 15, 2007. (96216)

Sec. 2303.404. REQUEST FOR APPLICATION FOR ENTERPRISE PROJECT DESIGNATION. (96217)(1-click HTML)

(a) A qualified business may request that the governing body of a municipality or county in which the qualified business is located apply to the bank for designation of a project or activity of the business as an enterprise project. (96218)

(b) The enterprise project designation must be for: (96219)

(1) an expansion or relocation from out-of-state, an expansion, renovation, or new construction, or other property to be undertaken by a qualified business; and (96220)

(2) a predetermined designation period approved by the bank, with beginning and ending dates for each proposed project or activity. (96221)

(c) The designation period for an enterprise project may not be for less than one year or more than five years from the date on which the designation is made. (96222)

(d) If an enterprise project designation is for a franchise or subsidiary, separate books and records must be maintained for the business activity conducted at the qualified business site. (96223)

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.52(a), eff. Sept. 1, 1995, and Acts 1995, 74th Leg., ch. 985, Sec. 6, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.11, eff. Sept. 1, 2003. (96224)

Amended by: (96225)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 7, eff. June 15, 2007. (96226)

Sec. 2303.405. APPLICATION FOR ENTERPRISE PROJECT DESIGNATION. (96227)(1-click HTML)

(a) If the governing body approves a request made under Section 2303.404, the governing body may apply to the bank for the designation of the project or activity of a qualified business as an enterprise project only after it submits to the bank the order or ordinance and other information that complies with the requirements of Sections 2303.4051 and 2303.4052. (96228)

(b) An application must contain an economic analysis of the plans of the qualified business for expansion, revitalization, or other activity with regard to the enterprise project, including: (96229)

(1) the number of employment positions in existence at the qualified business site on the 91st day before the application deadline; (96230)

(1-a) the number of new permanent jobs the enterprise project commits to create during the designation period presented in the form of a tabular listing of: (96231)

(A) the classification titles of those jobs; and (96232)

(B) the number of jobs and salary range for each classification title; (96233)

(2) the number of permanent jobs the enterprise project commits to retain during the designation period presented in the form of a tabular listing of: (96234)

(A) the classification titles of the retained jobs; and (96235)

(B) the number of retained jobs and salary range for each classification title; (96236)

(3) the amount of investment to be made by the enterprise project; (96237)

(4) a complete description of the projected schedule for completion of the specific activity described by Section 2303.404(b) to be undertaken by the enterprise project; (96238)

(5) other information the bank requires; (96239)

(6) a description of the local effort made by the nominating body, the qualified business, and other affected entities to develop and revitalize the jurisdiction of the governmental entity nominating the project or activity; and (96240)

(7) if the nominating body is applying for a double or triple jumbo enterprise project, as defined by Section 2303.407, an indication of which level of designation is being sought. (96241)

(c) For the purposes of this section, local effort to develop and revitalize a municipality or county is: (96242)

(1) the willingness of public entities in the municipality or county to provide services, incentives, and regulatory relief authorized by this chapter and to negotiate with the qualified business for which application is made and with other local groups or businesses to achieve the public purposes of this chapter; and (96243)

(2) the effort of the qualified business and other affected entities to cooperate in achieving those public purposes. (96244)

(d) Factors to be considered in evaluating the local effort of a public entity include: (96245)

(1) tax abatement, deferral, refunds, or other tax incentives; (96246)

(2) regulatory relief, including: (96247)

(A) zoning changes or variances; (96248)

(B) exemptions from unnecessary building code requirements, impact fees, or inspection fees; and (96249)

(C) streamlined permitting; (96250)

(3) enhanced municipal services, including: (96251)

(A) improved police and fire protection; (96252)

(B) institution of community crime prevention programs; and (96253)

(C) special public transportation routes or reduced fares; (96254)

(4) improvements in community facilities, including: (96255)

(A) capital improvements in water and sewer facilities; (96256)

(B) road repair; and (96257)

(C) creation or improvement of parks; (96258)

(5) improvements to housing, including: (96259)

(A) low-interest loans for housing rehabilitation, improvement, or new construction; and (96260)

(B) transfer of abandoned housing to individuals or community groups; (96261)

(6) business and industrial development services, including: (96262)

(A) low-interest loans for business; (96263)

(B) use of surplus school buildings or other underutilized publicly owned facilities as small business incubators; (96264)

(C) provision of publicly owned land for development purposes, including residential, commercial, or industrial development; (96265)

(D) creation of special one-stop permitting and problem resolution centers or ombudsmen; and (96266)

(E) promotion and marketing services; and (96267)

(7) job training and employment services, including: (96268)

(A) retraining programs; (96269)

(B) literacy and employment skills programs; (96270)

(C) vocational education; and (96271)

(D) customized job training. (96272)

(e) Factors to be considered in evaluating the local effort of a private entity include: (96273)

(1) the willingness to negotiate or cooperate in the achievement of the purposes of this chapter; (96274)

(2) commitments to hire underskilled, inexperienced, disadvantaged, or displaced workers who reside in the enterprise zone; (96275)

(3) commitments to hire minority workers and to contract with minority-owned businesses; (96276)

(4) provision of technical and vocational job training for enterprise zone residents or economically disadvantaged employees; (96277)

(5) provision of child care for employees; (96278)

(6) commitments to implement and contribute to a tutoring or mentoring program for area students; (96279)

(7) prevention or reduction of juvenile crime activity; and (96280)

(8) the willingness to make contributions to the well-being of the community, such as job training, or the donation of land for parks or other public purposes. (96281)

(f) A nominating body may submit an application for a project or activity that during the application process loses its eligibility for designation as an enterprise project solely because the project or activity is no longer located in an enterprise zone as described by Section 2303.101(1) if the bank receives the application not later than the 30th day after the date on which the bank makes the updated block group data used to make the eligibility determination available as required by Section 2303.051. (96282)

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.52(a), eff. Sept. 1, 1995, and Acts 1995, 74th Leg., ch. 985, Sec. 6, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.12, eff. Sept. 1, 2003. (96283)

Amended by: (96284)

Acts 2005, 79th Leg., Ch. 1243 (H.B. 1659), Sec. 5, eff. September 1, 2005. (96285)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 8, eff. June 15, 2007. (96286)

Sec. 2303.4051. ORDINANCE OR ORDER FOR IDENTIFICATION OF LOCAL INCENTIVES. (96287)(1-click HTML)

(a) In this section, "local incentive" means each tax incentive, grant, other financial incentive or benefit, or program to be provided by the governing body to qualified businesses participating in the enterprise zone program and any other local incentive listed in Section 2303.511. (96288)

(b) Before nominating the project or activity of a qualified business for designation as an enterprise project, the governing body of the municipality or county in which the business is located, by ordinance or order, as appropriate, must identify and summarize briefly any local incentives available. (96289)

(c) The ordinance or order must: (96290)

(1) state whether the project or activity to be nominated as an enterprise project is located in an area designated as an enterprise zone under this chapter; (96291)

(2) summarize briefly the local incentives, including tax incentives, that, at the election of the governing body, are or will be made available to the nominated project or activity of the qualified business; and (96292)

(3) nominate a project or activity as an enterprise project. (96293)

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1114, Sec. 21(1), eff. June 15, 2007. (96294)

(e) An ordinance or order adopted under this section is not valid unless the nominating body holds a public hearing before adopting the ordinance or order. Notice of the hearing must be published in a newspaper having general circulation in the municipality not later than the seventh calendar day before the date of the hearing. The notice must contain: (96295)

(1) the date, time, and location of the hearing; (96296)

(2) the provisions for any tax or other incentives applicable to the enterprise zone program; (96297)

(3) the name of the qualified business whose project or activity is being nominated for enterprise project designation; and (96298)

(4) the location of the qualified business site. (96299)

(f) If the nominating body has previously nominated a project or activity for designation as an enterprise project, the nominating body, instead of issuing a new ordinance or order under this section for a nominated project or activity, may by resolution make a reference to a previously issued ordinance or order that met the requirements of this section if: (96300)

(1) the resolution nominates the project or activity for designation as an enterprise project and states: (96301)

(A) whether the nominated project or activity is located in an area designated as an enterprise zone; (96302)

(B) the level of enterprise project designation being sought; and (96303)

(C) the ending date of the project's designation period; (96304)

(2) the local incentives described in the previously issued ordinance or order are the same on the date the resolution is issued; and (96305)

(3) the local incentives to be made available to the nominated project or activity are the same as those made available to the project or activity that are the subject of the previously issued ordinance or order. (96306)

(g) This section does not prohibit a municipality or county from extending additional incentives, including tax incentives, for qualified businesses in an enterprise zone by a separate order or ordinance. (96307)

Added by Acts 2003, 78th Leg., ch. 814, Sec. 3.13, eff. Sept. 1, 2003. (96308)

Amended by: (96309)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 9, eff. June 15, 2007. (96310)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 21(1), eff. June 15, 2007. (96311)

Sec. 2303.4052. REQUIRED INFORMATION FROM NOMINATING BODY. (96312)(1-click HTML)

Before nominating the project or activity of a qualified business for designation as an enterprise project, the nominating body must submit to the bank: (96313)

(1) a certified copy of the ordinance or order, as appropriate, or reference to an ordinance or order as required by Section 2303.4051; (96314)

(2) a certified copy of the minutes of all public hearings conducted with respect to local incentives available to qualified businesses within the jurisdiction of the governmental entity nominating the project or activity, regardless of whether those businesses are located in an enterprise zone; (96315)

(3) the name, title, address, telephone number, and electronic mail address of the nominating body's liaison designated under Section 2303.204; (96316)

(4) if the business is seeking job retention benefits, documentation showing the number of employment positions at the qualified business site; (96317)

(5) any interlocal agreement required under Section 2303.004(c) that states: (96318)

(A) which governing body has the administration authority under Section 2303.201; and (96319)

(B) that both the county in which the project or activity is located and the municipality in whose jurisdiction the project or activity is located approve the nomination of the project or activity; and (96320)

(6) any additional information the bank may require. (96321)

Added by Acts 2003, 78th Leg., ch. 814, Sec. 3.13, eff. Sept. 1, 2003. (96322)

Amended by: (96323)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 10, eff. June 15, 2007. (96324)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 5, eff. September 1, 2015. (96325)

Sec. 2303.406. ENTERPRISE PROJECT DESIGNATION. (96326)(1-click HTML)

(a) The bank may designate a project or activity of a business as an enterprise project only if the bank receives all of the information required by Section 2303.4052 and determines that: (96327)

(1) the business is a qualified business under Section 2303.402 that is located in or has made a substantial commitment to locate in an enterprise zone or at a qualified business site; (96328)

(2) the nominating body making the application has demonstrated that a high level of cooperation exists among public, private, and neighborhood entities within the jurisdiction of the governmental entity nominating the project or activity; (96329)

(3) the designation will contribute significantly to the achievement of the plans of the nominating body making the application for development and revitalization of the area in which the enterprise project will be located; and (96330)

(4) if the business is seeking job retention benefits, the business has clearly demonstrated that: (96331)

(A) the permanent employees of the business will be permanently laid off; (96332)

(B) the business will close down permanently; (96333)

(C) the business will relocate out-of-state; (96334)

(D) the business is able to employ individuals in accordance with Section 2303.402; or (96335)

(E) the business facility has been legitimately destroyed or substantially impaired because of fire, flood, tornado, hurricane, or any other natural disaster and that at least 60 percent of the capital investment is being spent to repair damages resulting from the disaster. (96336)

(b) The bank shall designate qualified businesses as enterprise projects on a competitive basis. The bank shall make its designation decisions using a weighted scale in which: (96337)

(1) 40 percent of the evaluation depends on the economic distress of the block group or distressed county in which a proposed enterprise project is located; (96338)

(2) 25 percent of the evaluation depends on the local effort to achieve development and revitalization of the block group or distressed county in which a proposed enterprise project is located; and (96339)

(3) 35 percent of the evaluation depends on the evaluation criteria as determined by the bank, which must include: (96340)

(A) with respect to a proposed enterprise project located in a block group, the level of cooperation and support the project applicant commits to the revitalization goals of all of the enterprise zone block groups within the jurisdiction of the nominating governmental entity; (96341)

(B) with respect to a proposed enterprise project located in a distressed county, the level of cooperation and support the project applicant commits to the revitalization of the distressed county; and (96342)

(C) the type and wage level of the jobs to be created or retained by the business. (96343)

(c) The bank may remove an enterprise project designation if it determines that the business is not complying with a requirement for its designation. (96344)

(d) The maximum number of enterprise projects that the bank may designate for each nominating body during any biennium is: (96345)

(1) six, if the nominating body is the governing body of a municipality or county with a population of less than 250,000; or (96346)

(2) nine, if the nominating body is the governing body of a municipality or county with a population of 250,000 or more. (96347)

(d-1) An enterprise project designation may be split into two half designations. A half designation uses one-half of one of the enterprise project designations allowed to a nominating body under Subsection (d) and to the bank under Section 2303.403. (96348)

(e) The office may not designate multiple concurrent enterprise projects to a qualified business located at a qualified business site. (96349)

(f) An approved designation as a double jumbo enterprise project, as defined by Section 2303.407, counts as two project designations against both the nominating body for purposes of Subsection (d) and the number of enterprise project designations allowed statewide per biennium under Section 2303.403. An approved designation as a triple jumbo enterprise project, as defined by Section 2303.407, counts as three project designations against both the nominating body for purposes of Subsection (d) and the number of enterprise project designations allowed statewide per biennium under Section 2303.403. (96350)

(g) The bank may lower the designation level of a proposed project or activity nominated for enterprise project designation: (96351)

(1) if there are fewer designations available than applications received; or (96352)

(2) to further the economic interests of the state. (96353)

(h) A state benefit may not be obtained under this chapter or Chapter 151, Tax Code, for jobs moved from one jurisdiction in this state to another jurisdiction in this state. (96354)

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.52(a), eff. Sept. 1, 1995, and Acts 1995, 74th Leg., ch. 985, Sec. 6, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1121, Sec. 4, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 813, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 209, Sec. 92, eff. Oct. 1, 2003; Acts 2003, 78th Leg., ch. 814, Sec. 3.14, eff. Sept. 1, 2003. (96355)

Amended by: (96356)

Acts 2005, 79th Leg., Ch. 1243 (H.B. 1659), Sec. 6, eff. September 1, 2005. (96357)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 11, eff. June 15, 2007. (96358)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 12, eff. June 15, 2007. (96359)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 21(2), eff. June 15, 2007. (96360)

Acts 2009, 81st Leg., R.S., Ch. 256 (H.B. 271), Sec. 1, eff. September 1, 2009. (96361)

Acts 2009, 81st Leg., R.S., Ch. 256 (H.B. 271), Sec. 2, eff. September 1, 2009. (96362)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 6, eff. September 1, 2015. (96363)

Sec. 2303.407. ALLOCATION OF JOBS ELIGIBLE FOR TAX REFUND. (96364)(1-click HTML)

(a) The bank shall allocate to an enterprise project the maximum number of new permanent jobs or retained jobs eligible based on the amount of capital investment made in the project, the project's designation level, and the refund per job with a maximum refund to be included in a computation of a tax refund for the project. (96365)

(b) A capital investment in a project of: (96366)

(1) $40,000 to $399,999 will result in a refund of up to $2,500 per job with a maximum refund of $25,000 for the creation or retention of 10 jobs; (96367)

(2) $400,000 to $999,999 will result in a refund of up to $2,500 per job with a maximum refund of $62,500 for the creation or retention of 25 jobs; (96368)

(3) $1,000,000 to $4,999,999 will result in a refund of up to $2,500 per job with a maximum refund of $312,500 for the creation or retention of 125 jobs; (96369)

(4) $5,000,000 or more will result in a refund of up to $2,500 per job with a maximum refund of $1,250,000 for the creation or retention of 500 jobs, except as provided by Subdivision (5) or (6); (96370)

(5) $150,000,000 to $249,999,999 will result in a refund of up to $5,000 per new permanent job with a maximum refund of $2,500,000 for the creation of 500 new permanent jobs if the bank designates the project as a double jumbo enterprise project; or (96371)

(6) $250,000,000 or more will result in a refund of up to $7,500 per new permanent job with a maximum refund of $3,750,000 for the creation of at least 500 new permanent jobs if the bank designates the project as a triple jumbo enterprise project. (96372)

(c) An enterprise project for which a commitment for a capital investment in the range amount and the creation of the number of new permanent jobs specified by Subsection (b)(5) is made is considered a double jumbo enterprise project if the project is so designated by the bank. (96373)

(d) An enterprise project for which a commitment for a capital investment in the range amount and the creation of the number of new permanent jobs specified by Subsection (b)(6) is made is considered a triple jumbo enterprise project if the project is so designated by the bank. (96374)

(e) The maximum number of jobs that the bank may allocate to an enterprise project split into two half designations as provided by Section 2303.406(d-1) is 250. (96375)

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.52(a), eff. Sept. 1, 1995, and Acts 1995, 74th Leg., ch. 985, Sec. 6, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1134, Sec. 1.01, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1134, Sec. 2.01, eff. Sept. 1, 2005; Acts 2003, 78th Leg., ch. 814, Sec. 3.16, eff. Sept. 1, 2003. (96376)

Amended by: (96377)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 13, eff. June 15, 2007. (96378)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 7, eff. September 1, 2015. (96379)

Sec. 2303.4071. MAXIMUM TAX REFUND. (96380)(1-click HTML)

(a) In this section: (96381)

(1) "Double jumbo enterprise project" and "triple jumbo enterprise project" have the meanings assigned by Section 2303.407. (96382)

(2) "Half enterprise project" means an enterprise project split into two half designations as provided by Section 2303.406(d-1). (96383)

(b) An enterprise project is eligible for a maximum refund of $250,000 in each state fiscal year. (96384)

(c) A double jumbo enterprise project is eligible for a maximum refund of $500,000 in each state fiscal year. (96385)

(d) A triple jumbo enterprise project is eligible for a maximum refund of $750,000 in each state fiscal year. (96386)

(e) A half enterprise project is eligible for a maximum refund not to exceed $125,000 in each state fiscal year and is subject to the capital investment and job allocation requirements under Section 2303.407(b)(1), (2), or (3). (96387)

Added by Acts 2003, 78th Leg., ch. 814, Sec. 3.17, eff. Sept. 1, 2003. (96388)

Amended by: (96389)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 8, eff. September 1, 2015. (96390)

Sec. 2303.4072. ENTERPRISE PROJECT CLAIM FOR STATE BENEFIT. (96391)(1-click HTML)

A person must make a claim to the comptroller for a state benefit as prescribed under this chapter and Chapter 151, Tax Code, not later than 18 months after the date on which the term of the enterprise project designation expires as provided by Section 2303.404. (96392)

Added by Acts 2003, 78th Leg., ch. 814, Sec. 3.17, eff. Sept. 1, 2003. (96393)

Amended by: (96394)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 14, eff. June 15, 2007. (96395)

Sec. 2303.408. DURATION OF CERTAIN DESIGNATIONS. (96396)(1-click HTML)

The bank's designation of the project or activity of a qualified business as an enterprise project is effective until the period approved by the bank under Section 2303.404 regardless of whether the enterprise zone in which the project is located, if any, fails to qualify as an enterprise zone before the expiration of the project. (96397)

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.52(a), eff. Sept. 1, 1995, and Acts 1995, 74th Leg., ch. 985, Sec. 6, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.18, eff. Sept. 1, 2003. (96398)

SUBCHAPTER G. ENTERPRISE ZONE BENEFITS (96399)(1-click HTML)
Sec. 2303.501. EXEMPTIONS FROM STATE REGULATION; SUSPENSION OF LOCAL REGULATION. (96400)(1-click HTML)

(a) A state agency may exempt from its regulation a qualified business, qualified employee, or qualified property in an enterprise zone if the exemption is consistent with: (96401)

(1) the purposes of this chapter; and (96402)

(2) the protection and promotion of the general health and welfare. (96403)

(b) A local government may suspend local regulation, including an ordinance, rule, or standard, relating to zoning, licensing, or building codes in an enterprise zone. (96404)

(c) An exemption from or suspension of regulation under this section must be adopted in the same manner that the regulation was adopted. (96405)

(d) The authorization provided by Subsection (a) or (b) does not apply to regulation: (96406)

(1) that relates to: (96407)

(A) civil rights; (96408)

(B) equal employment; (96409)

(C) equal opportunity; (96410)

(D) fair housing rights; or (96411)

(E) preservation of historical sites or historical artifacts; (96412)

(2) the relaxation of which is likely to harm the public safety or public health, including environmental health; or (96413)

(3) that is specifically imposed by law. (96414)

(e) For the purposes of this section, property is classified as qualified property if the property is: (96415)

(1) tangible personal property located in the enterprise zone that was: (96416)

(A) acquired by a taxpayer not earlier than the 90th day before the date on which the area was designated as an enterprise zone; and (96417)

(B) used predominantly by the taxpayer in the active conduct of a trade or business; (96418)

(2) real property located in the enterprise zone that was: (96419)

(A) acquired by a taxpayer not earlier than the 90th day before the date on which the area was designated as an enterprise zone and was used predominantly by the taxpayer in the active conduct of a trade or business; or (96420)

(B) the principal residence of the taxpayer on the date of the sale or exchange; or (96421)

(3) an interest in an entity that was certified as a qualified business under Section 2303.402 for the entity's most recent tax year ending before the date of the sale or exchange. (96422)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.56, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 814, Sec. 3.19, eff. Sept. 1, 2003. (96423)

Sec. 2303.502. REVIEW OF STATE AGENCY RULES; REPORT. (96424)(1-click HTML)

(a) A state agency rule adopted after September 1, 1987, may provide, when applicable, encouragements and incentives to increase: (96425)

(1) the renovation, improvement, or new construction of housing in enterprise zones; and (96426)

(2) the economic viability and profitability of business and commerce in enterprise zones. (96427)

(b) Annually each state agency shall: (96428)

(1) review the rules it administers that: (96429)

(A) may adversely affect: (96430)

(i) the renovation, improvement, or new construction of housing in enterprise zones; or (96431)

(ii) the economic viability and profitability of business and commerce in enterprise zones; or (96432)

(B) may otherwise affect the implementation of this chapter; and (96433)

(2) report the results of the review to the bank. (96434)

(c) The bank shall disseminate the reports to the governing bodies of the entities that nominated the enterprise projects and others as necessary to advance the purposes of this chapter. (96435)

(d) To contribute to the implementation of this chapter, an agency may waive, modify, provide exemptions to, or otherwise minimize the adverse effects of the rules it administers on the renovation, improvement, or new construction of housing in enterprise zones or on the economic viability and profitability of business and commerce in enterprise zones. (96436)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.20, eff. Sept. 1, 2003. (96437)

Amended by: (96438)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 15, eff. June 15, 2007. (96439)

Sec. 2303.503. STATE PREFERENCES. (96440)(1-click HTML)

(a) A state agency shall give preference to the governing body of an enterprise zone or a qualified business or qualified employee located in an enterprise zone over other eligible applicants for grants or loans that are administered by the state agency if: (96441)

(1) at least 50 percent of the grant or loan will be spent for the direct benefit of the enterprise zone; and (96442)

(2) the purpose of the grant or loan is to: (96443)

(A) promote economic development in the community; or (96444)

(B) construct, improve, extend, repair, or maintain public facilities in the community. (96445)

(b) The comptroller may and is encouraged to deposit state money in financial institutions located or doing business in enterprise zones. (96446)

(c) A state agency may and is encouraged to contract with businesses located in enterprise zones. (96447)

(d) The office may give preference to enterprise zones in granting economic development money or other benefits. (96448)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.71, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 3.21, eff. Sept. 1, 2003. (96449)

Sec. 2303.504. STATE TAX REFUNDS; REPORT. (96450)(1-click HTML)

(a) Subject to Section 2303.516, an enterprise project is entitled to a refund of state taxes under Section 151.429, Tax Code. (96451)

(b) At the time of receipt of any tax benefit available as a result of participating in the enterprise zone program, including a state sales and use tax refund, three percent of the amount of the tax benefit shall be transferred to the Texas economic development bank fund under Subchapter B, Chapter 489, to defray the cost of administering this chapter. (96452)

(c) Not later than the 60th day after the last day of each fiscal year, the comptroller shall report to the bank the statewide total of actual jobs created, actual jobs retained, and the tax refunds made under this section during that fiscal year. (96453)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1134, Sec. 1.02, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1134, Sec. 2.02, eff. Sept. 1, 2005; Acts 2003, 78th Leg., ch. 814, Sec. 3.23, eff. Sept. 1, 2003. (96454)

Amended by: (96455)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 16(a), eff. January 1, 2008. (96456)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 9, eff. September 1, 2015. (96457)

Sec. 2303.505. LOCAL SALES AND USE TAX REFUNDS. (96458)(1-click HTML)

(a) To encourage the development of areas designated as enterprise zones, the governing body of a municipality through a program may refund its local sales and use taxes paid by a qualified business on all taxable items purchased for use at the qualified business site related to the project or activity. (96459)

(b) To promote the public health, safety, or welfare, the governing body of a municipality or county through a program may refund its local sales and use taxes paid by a qualified business or qualified employee. (96460)

(c) The governing body of a municipality or county that is the governing body of an enterprise zone may provide for the partial or total refund of its local sales and use taxes paid by a person making a taxable purchase, lease, or rental for development or revitalization in the zone. (96461)

(d) A person entitled to a refund of local sales and use taxes under this section shall pay the entire amount of state and local sales and use taxes at the time the taxes would be due if an agreement for the refund did not exist. (96462)

(e) An agreement to refund local sales and use taxes under this section must: (96463)

(1) be written; (96464)

(2) contain an expiration date; and (96465)

(3) require that the person entitled to the refund provide to the municipality or county making the refund the documentation necessary to support a refund claim. (96466)

(f) The municipality or county shall make the refund directly to the person entitled to the refund in the manner provided by the agreement. (96467)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 985, Sec. 7, eff. Sept. 1, 1995. (96468)

Amended by: (96469)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 17, eff. June 15, 2007. (96470)

Sec. 2303.5055. REFUND, REBATE, OR PAYMENT OF TAX PROCEEDS TO QUALIFIED HOTEL PROJECT. (96471)(1-click HTML)

(a) For a period that may not exceed 10 years, a governmental body, including a municipality, county, or political subdivision, may agree to rebate, refund, or pay eligible taxable proceeds to the owner of a qualified hotel project at which the eligible taxable proceeds were generated. (96472)

(b) A municipality with a population of 1,500,000 or more may agree to guarantee from hotel occupancy taxes the bonds or other obligations of a municipally sponsored local government corporation created under the Texas Transportation Corporation Act, Chapter 431, Transportation Code, that were issued or incurred to pay the cost of construction, remodeling, or rehabilitation of a qualified hotel project. (96473)

(c) An agreement under this section must be in writing, contain an expiration date, and require the beneficiary to provide documentation necessary to support a claim. (96474)

(d) A governmental body that makes an agreement under this section shall make the rebate, refund, or payment directly to the beneficiary. (96475)

(e) In this section, "eligible taxable proceeds" means taxable proceeds generated, paid, or collected by a qualified hotel project or a business at a qualified hotel project, including hotel occupancy taxes, ad valorem taxes, sales and use taxes, and mixed beverage taxes. (96476)

(f) Notwithstanding any other law, the comptroller shall deposit eligible taxable proceeds that were collected by or forwarded to the comptroller, and to which the qualified hotel project is entitled according to an agreement under this section, in trust in a separate suspense account of the project. A suspense account is outside the state treasury, and the comptroller may make a rebate, refund, or payment authorized by this section without the necessity of an appropriation. The comptroller shall rebate, refund, or pay to each qualified hotel project eligible taxable proceeds to which the project is entitled under this section at least quarterly. (96477)

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.53(a), eff. Sept. 1, 1995. (96478)

Amended by: (96479)

Acts 2011, 82nd Leg., R.S., Ch. 179 (S.B. 977), Sec. 1, eff. May 28, 2011. (96480)

Acts 2013, 83rd Leg., R.S., Ch. 490 (S.B. 1719), Sec. 2, eff. June 14, 2013. (96481)

Acts 2015, 84th Leg., R.S., Ch. 227 (H.B. 1964), Sec. 5, eff. May 29, 2015. (96482)

Sec. 2303.506. REDUCTION OR ELIMINATION OF LOCAL FEES OR TAXES. (96483)(1-click HTML)

(a) To promote the public health, safety, or welfare, the governing body of a municipality or county through a program may reduce or eliminate fees or taxes that it imposes on a qualified business or qualified employee. (96484)

(b) This section does not apply to sales and use taxes or property taxes. (96485)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96486)

Sec. 2303.507. TAX INCREMENT FINANCING AND ABATEMENT; LIMITATIONS ON APPRAISED VALUE. (96487)(1-click HTML)

Designation of an area as an enterprise zone is also designation of the area as a reinvestment zone for: (96488)

(1) tax increment financing under Chapter 311, Tax Code; (96489)

(2) tax abatement under Chapter 312, Tax Code; and (96490)

(3) limitations on appraised value under Chapter 313, Tax Code. (96491)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1505, Sec. 11, eff. Jan. 1, 2002. (96492)

Sec. 2303.509. DEVELOPMENT BONDS. (96493)(1-click HTML)

To finance a project in an enterprise zone, bonds may be issued under: (96494)

(1) Chapter 1433; or (96495)

(2) the Development Corporation Act (Subtitle C1, Title 12, Local Government Code). (96496)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.246, eff. Sept. 1, 2001. (96497)

Amended by: (96498)

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.12, eff. April 1, 2009. (96499)

Sec. 2303.510. INDUSTRIAL DEVELOPMENT CORPORATION. (96500)(1-click HTML)

(a) The governing body of a municipality that is the governing body of an enterprise zone may create, in accordance with the Development Corporation Act (Subtitle C1, Title 12, Local Government Code), an industrial development corporation for use by the enterprise zone. (96501)

(b) A corporation created under this section has the powers and is subject to the limitations of a corporation created under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code). To the extent of a conflict between this section and that subtitle, that subtitle prevails. (96502)

(c) The articles of incorporation of a corporation created under this section must state that the corporation is governed by this section. (96503)

(d) The governing body of the municipality that creates an industrial development corporation shall appoint the board of directors of the corporation. (96504)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96505)

Amended by: (96506)

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.13, eff. April 1, 2009. (96507)

Sec. 2303.511. OTHER LOCAL INCENTIVES. (96508)(1-click HTML)

(a) The governing body of a municipality or county that is the governing body of an enterprise zone may: (96509)

(1) defer compliance in the zone with the subdivision and development ordinances or rules, other than those relating to streets and roads or sewer or water services, of the municipality or county, as appropriate; (96510)

(2) give priority to the zone for the receipt of: (96511)

(A) community development block grant money; (96512)

(B) industrial revenue bonds; or (96513)

(C) funds received under the federal Job Training Partnership Act (29 U.S.C. Section 1501 et seq.); (96514)

(3) adopt and implement a plan for police protection in the zone; (96515)

(4) amend the zoning ordinances of the municipality or county, as appropriate, to promote economic development in the zone; (96516)

(5) establish permitting preferences for businesses in the zone; (96517)

(6) establish simplified, accelerated, or other special permit procedures for businesses in the zone; (96518)

(7) waive development fees for projects in the zone; (96519)

(8) create a local enterprise zone fund for funding bonds or other programs or activities to develop or revitalize the zone; (96520)

(9) for qualified businesses in the zone, reduce rates charged by: (96521)

(A) a utility owned by the municipality or county, as appropriate; or (96522)

(B) a cooperative corporation or utility owned by private investors, subject to the requirements of Subsection (b); (96523)

(10) in issuing housing finance bonds, give priority to persons or projects in the zone; (96524)

(11) in providing services, give priority to local economic development, educational, job training, or transportation programs that benefit the zone; or (96525)

(12) sell real property owned by the municipality or county, as appropriate, and located in the enterprise zone in accordance with Section 2303.513. (96526)

(b) A reduction in utility rates under Subsection (a)(9)(B) is subject to the agreement of the affected utility and the approval of the appropriate regulatory authority. The rates may be reduced up to but not more than five percent below the lowest rate authorized for a person described by Subsection (a)(9)(B). A qualified enterprise project or the governing body of the enterprise zone may petition the appropriate utility and the appropriate regulatory authority to receive a reduced rate under this section, and the regulatory authority may order that rates be reduced. In making its determination under this section, the regulatory authority shall consider revitalization goals for the enterprise zone. In setting the rates of the utility the appropriate regulatory authority shall allow the utility to recover the amount of the reduction. (96527)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 985, Sec. 8, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1121, Sec. 5, eff. Sept. 1, 1999. (96528)

Sec. 2303.513. DISPOSITION OF PUBLIC PROPERTY IN ENTERPRISE ZONE. (96529)(1-click HTML)

(a) After an area is designated as an enterprise zone, the state, a municipality, or a county that owns a surplus building or vacant land in the zone may dispose of the building or land by: (96530)

(1) selling the building or land at a public auction; or (96531)

(2) establishing an urban homestead program described by Subsection (c). (96532)

(b) A municipality or county may sell a surplus building or vacant land in the enterprise zone at less than fair market value if the governing body of the municipality or county by ordinance or order, as appropriate, adopts criteria that specify the conditions and circumstances under which the sale may occur and the public purpose to be achieved by the sale. The building or land may be sold to a buyer who is not the highest bidder if the criteria and public purpose specified in the ordinance or order are satisfied. A copy of the ordinance or order must be filed with the bank not later than the day on which the sale occurs. (96533)

(c) An urban homestead program must provide that: (96534)

(1) the state, municipality, or county is to sell to an individual a residence or part of a residence that it owns for an amount not to exceed $100; (96535)

(2) as a condition of the sale, the individual must agree to live in the residence for at least seven years and to renovate or remodel the residence to meet the level of maintenance stated in an agreement between the individual and the governmental entity; and (96536)

(3) after the individual satisfies the seven-year residency and property improvement requirements of the agreement, the governmental entity shall assign the residence to the individual. (96537)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.24, eff. Sept. 1, 2003. (96538)

Sec. 2303.514. WAIVER OF PERFORMANCE BOND. (96539)(1-click HTML)

A subcontractor is not required to execute a performance bond under Chapter 2253 if: (96540)

(1) the construction, alteration, repair, or other public work to be performed under the contract is entirely in an enterprise zone; and (96541)

(2) the amount of the contract does not exceed $200,000. (96542)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 985, Sec. 9, eff. Sept. 1, 1995. (96543)

Sec. 2303.515. LIABILITY OF CONTRACTOR OR ARCHITECT. (96544)(1-click HTML)

A contractor or architect who constructs or rehabilitates a building in an enterprise zone is liable for any structural defect in the building only for the period ending on the 10th anniversary of the date on which beneficial occupancy of the building begins after the construction or rehabilitation, notwithstanding a statute of limitations to the contrary. (96545)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96546)

Sec. 2303.516. MONITORING QUALIFIED BUSINESS OR ENTERPRISE PROJECT COMMITMENTS. (96547)(1-click HTML)

(a) The comptroller may monitor a qualified business or enterprise project to determine whether and to what extent the business or project has followed through on any commitments made by it or on its behalf under this chapter. (96548)

(b) The comptroller may determine that the business or project is not entitled to a refund of state taxes under Section 2303.504 if the comptroller finds that: (96549)

(1) the business or project is not willing to cooperate with the comptroller in providing the comptroller with the information the comptroller needs to determine the state benefits; or (96550)

(2) the business or project has substantially failed to follow through on any commitments made by it or on its behalf under this chapter. (96551)

(c) A qualified business may obtain a state benefit, earned through a specific enterprise project designation, on completion of an audit performed by the comptroller that will certify hiring commitments and eligible purchases made by or on behalf of a qualified business under this chapter. (96552)

Added by Acts 2001, 77th Leg., ch. 1134, Sec. 1.03, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 3.25, eff. Sept. 1, 2003. (96553)

Amended by: (96554)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 18, eff. June 15, 2007. (96555)

Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 10, eff. September 1, 2015. (96556)

Sec. 2303.517. REPORT. (96557)(1-click HTML)

(a) Before obtaining a state benefit, the qualified business must submit to the comptroller a certified report of the actual number of jobs created or retained and the capital investment made at or committed to the qualified business site. (96558)

(b) Not later than the 30th day after the date the comptroller completes an enterprise project's close-out, the comptroller shall submit to the bank a report stating the actual amount of capital investment made and the actual number of jobs created or retained as a result of the enterprise project designation. (96559)

Added by Acts 2003, 78th Leg., ch. 814, Sec. 3.26, eff. Sept. 1, 2003. (96560)

Amended by: (96561)

Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 19, eff. June 15, 2007. (96562)

CHAPTER 2304. HOUSING REHABILITATION (96563)(1-click HTML)
Sec. 2304.001. SHORT TITLE. (96564)(1-click HTML)

This chapter may be cited as the Texas Housing Rehabilitation Act. (96565)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96566)

Sec. 2304.002. PURPOSES. (96567)(1-click HTML)

(a) The purposes of this chapter are to provide a means by which the deterioration of housing and the decline of residential areas throughout the state can be arrested and prevented. (96568)

(b) The purposes of this chapter are public purposes for which money may be borrowed, loaned, and spent. (96569)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96570)

Sec. 2304.003. DEFINITIONS. (96571)(1-click HTML)

In this chapter: (96572)

(1) "Borrower" means a household whose application for a housing rehabilitation loan is approved under this chapter by a local government. (96573)

(2) "Department" means the Texas Department of Housing and Community Affairs. (96574)

(3) "Fund" means the Texas housing rehabilitation loan fund. (96575)

(4) "Household" means one or more persons owning housing. (96576)

(5) "Housing" means a structure that is on a permanent foundation and that consists of one to four family units used only for residential purposes. (96577)

(6) "Housing rehabilitation" means the repair, renovation, or other improvement of housing to make the housing decent, safe, sanitary, and more habitable. (96578)

(7) "Housing rehabilitation loan" means a loan made under this chapter. (96579)

(8) "Local agency" means a: (96580)

(A) nonprofit organization whose principal purpose is to improve housing conditions; or (96581)

(B) local housing authority, urban renewal agency, or other public entity. (96582)

(9) "Local government" means a county or municipality. (96583)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96584)

Sec. 2304.004. GENERAL POWERS OF DEPARTMENT. (96585)(1-click HTML)

(a) The department has the powers necessary or appropriate to carry out the purposes of this chapter. (96586)

(b) The department may: (96587)

(1) make an agreement with any other person in carrying out its powers or duties under this chapter; (96588)

(2) spend funds appropriated to it by the legislature to pay for staff, travel expenses, supplies or equipment, or contracts for services necessary to carry out its powers or duties under this chapter; or (96589)

(3) seek and accept funds from any source. (96590)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96591)

Sec. 2304.005. AUTHORITY OF DEPARTMENT TO ADOPT MINIMUM HOUSING CODE STANDARDS. (96592)(1-click HTML)

The department shall adopt the minimum housing, building, fire, and related code standards that apply in designated areas for which a housing rehabilitation plan is approved by the department and for which local government standards are not in effect. (96593)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96594)

Sec. 2304.006. LIMITATION ON CONSTRUCTION OF HOUSING OR ACQUISITION OF PROPERTY BY DEPARTMENT. (96595)(1-click HTML)

(a) The department may not construct housing. (96596)

(b) The department may not acquire housing except to enforce a lien under Subchapter D. (96597)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96598)

Sec. 2304.007. PROHIBITION ON BORROWING, INCURRING OBLIGATIONS, OR PLEDGING CREDIT. (96599)(1-click HTML)

The department may not borrow money, incur monetary obligations, or pledge in any manner the credit or taxing power of the state or a political subdivision of the state. (96600)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96601)

Sec. 2304.008. ALLOCATION OF AVAILABLE LOAN FUNDS. (96602)(1-click HTML)

If the amount of housing rehabilitation loans anticipated to be made in a fiscal year exceeds the estimated available funds for that year, the department shall allocate the estimated available funds for that year among the local governments that have filed housing rehabilitation area plans with the department. In allocating the available funds, the department shall take into account the probable amount of housing rehabilitation loans to be made by each local government. (96603)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96604)

Sec. 2304.009. RELATIONSHIP OF DEPARTMENT AND LOCAL GOVERNMENTS. (96605)(1-click HTML)

(a) The department shall adopt standards and procedures for the administration of this chapter by a local government or local agency. (96606)

(b) The department may provide technical assistance to a local government. (96607)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96608)

Sec. 2304.010. DESIGNATION OF LOCAL AGENCY BY LOCAL GOVERNMENT. (96609)(1-click HTML)

The governing body of a local government may designate one or more local agencies to exercise a power or duty of the local government under this chapter. The governing body may withdraw the delegated power or duty at any time. (96610)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96611)

Sec. 2304.011. EDUCATION PROGRAM CONDUCTED BY LOCAL GOVERNMENT. (96612)(1-click HTML)

A local government engaged in housing rehabilitation under this chapter shall conduct a general education program to inform residents in designated areas of methods for maintaining their housing and of the availability of housing rehabilitation loans. (96613)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96614)

SUBCHAPTER B. HOUSING REHABILITATION LOAN FUND (96615)(1-click HTML)
Sec. 2304.021. FUND. (96616)(1-click HTML)

(a) The Texas housing rehabilitation loan fund is in the state treasury. (96617)

(b) The department may designate separate accounts in the fund and the purposes of the accounts. (96618)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96619)

Sec. 2304.022. DEPOSITS TO FUND. (96620)(1-click HTML)

The following money shall be credited to the fund: (96621)

(1) money appropriated by the legislature for housing rehabilitation loans; (96622)

(2) money received from other sources for the purpose of making housing rehabilitation loans; (96623)

(3) money received from borrowers as payments on their housing rehabilitation loans; (96624)

(4) income from the transfer of interests in property acquired in connection with housing rehabilitation loans; and (96625)

(5) interest earned on deposits and investments of the fund. (96626)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96627)

Sec. 2304.023. PURPOSES OF FUND. (96628)(1-click HTML)

The fund may be used only for: (96629)

(1) financing housing rehabilitation loans, including the administrative charge imposed under Section 2304.068 by a local government; and (96630)

(2) paying the expenses incurred by the department in connection with the acquisition or disposition of real property under this chapter. (96631)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96632)

Sec. 2304.024. INVESTMENT AND DISBURSEMENT OF FUND. (96633)(1-click HTML)

The comptroller shall invest and disburse the money credited to the fund on the written authorization of the executive director of the department. (96634)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.72, eff. Sept. 1, 1997. (96635)

SUBCHAPTER C. HOUSING REHABILITATION AREA PLAN (96636)(1-click HTML)
Sec. 2304.041. DESIGNATION OF AREA AND PREPARATION OF PLAN. (96637)(1-click HTML)

(a) A local government may allow households in a specific area within its boundaries to apply for housing rehabilitation loans by: (96638)

(1) designating the specific area; and (96639)

(2) preparing a housing rehabilitation plan for the designated area. (96640)

(b) A local government may designate more than one area within its boundaries. (96641)

(c) The designation of an area must be made in accordance with the standards established by the department. The area plan must be in the form prescribed by the department. (96642)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96643)

Sec. 2304.042. CONTENTS OF AREA PLAN. (96644)(1-click HTML)

A housing rehabilitation area plan must contain relevant information about the area, including: (96645)

(1) a description of the physical, social, and economic characteristics of the area; (96646)

(2) a description of the housing conditions in the area; (96647)

(3) an assessment of the need for housing rehabilitation loans in the area, including: (96648)

(A) the number and characteristics of households in the area; and (96649)

(B) the average and total loan amounts needed; (96650)

(4) a description of the methods by which the local government preparing the plan will determine whether the rehabilitation of housing in the area is economically feasible; (96651)

(5) a description of the methods by which: (96652)

(A) rehabilitation work will be supervised; and (96653)

(B) compliance with departmental regulations governing materials, fixtures, and rehabilitation contracts will be ensured; (96654)

(6) a description of the methods and procedures that will be used to enforce: (96655)

(A) local housing, building, fire, and related codes; or (96656)

(B) the standards adopted by the department under Section 2304.005, if codes of those types have not been enacted; (96657)

(7) an assessment of the need for additional public improvements and public services in the area and a description of the specific means by which the improvements and services will be provided; and (96658)

(8) a description of the methods by which private investment to improve conditions in the area will be encouraged. (96659)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96660)

Sec. 2304.043. APPROVAL OF AREA PLAN. (96661)(1-click HTML)

(a) A local government's area plan must be approved by resolution or order of the governing body of the local government and must be submitted to the department for review. (96662)

(b) The department shall approve the plan if the area meets the standards established by the department and if the plan contains the required information. (96663)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96664)

Sec. 2304.044. REJECTION OF AREA PLAN. (96665)(1-click HTML)

(a) The department shall return a housing rehabilitation area plan to the local government submitting it if the area for which the plan is prepared does not meet the department's standards or if the plan does not contain the required information. The department shall include with the returned plan a list of deficiencies. (96666)

(b) An area plan may be corrected and resubmitted for approval by the department. (96667)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96668)

SUBCHAPTER D. HOUSING REHABILITATION LOANS (96669)(1-click HTML)
Sec. 2304.061. PRIMARY USE FOR LOAN. (96670)(1-click HTML)

A housing rehabilitation loan must be used primarily to make housing comply with applicable state, county, or municipal housing codes or standards, including building, fire, health, housing maintenance, or similar codes. (96671)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96672)

Sec. 2304.062. DEPARTMENT LOAN RULES. (96673)(1-click HTML)

(a) The department shall adopt rules governing the making and servicing of a housing rehabilitation loan and the foreclosure of a loan in default. The rules must include: (96674)

(1) the requirement that a housing rehabilitation loan be evidenced by a promissory note payable to the state and be secured by a lien on real property in the state; and (96675)

(2) the standards under which a household in an area designated by a local government may qualify for a housing rehabilitation loan. (96676)

(b) In adopting the standards under Subsection (a)(2), the department shall take into account: (96677)

(1) household gross income; (96678)

(2) household income available for housing needs; (96679)

(3) household size; (96680)

(4) the value and condition of the housing to be rehabilitated; and (96681)

(5) the ability of households to compete successfully in the private housing market and to pay for sanitary, decent, and safe housing in that market. (96682)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96683)

Sec. 2304.063. LOAN APPLICATION. (96684)(1-click HTML)

A household may apply to the local government in which the household's housing is located for a housing rehabilitation loan if the housing is located in a designated area for which an area plan has been approved by the department. (96685)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96686)

Sec. 2304.064. LOCAL GOVERNMENT APPROVAL OF LOAN. (96687)(1-click HTML)

(a) A local government may approve or disapprove a housing rehabilitation loan application authorized by Section 2304.063. The approval or disapproval must be given in accordance with the rules adopted by the department under Section 2304.062. (96688)

(b) The local government shall notify the department of the approval of a loan application and the amount of the approved loan. (96689)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96690)

Sec. 2304.065. DEPARTMENT APPROVAL. (96691)(1-click HTML)

The department may not approve a housing rehabilitation loan unless it finds that: (96692)

(1) the benefit to an area designated under Section 2304.041 will exceed the financial commitment of the department; and (96693)

(2) the approval of the loan will be of benefit to the state and its taxpayers. (96694)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96695)

Sec. 2304.066. DISBURSEMENT OF LOAN FUNDS. (96696)(1-click HTML)

(a) The executive director of the department shall authorize the comptroller to disburse to a local government from the housing rehabilitation loan fund the amount of a housing rehabilitation loan approved by the local government under this chapter if the department receives from the local government a notice of the local government's approval of the loan. (96697)

(b) The executive director may not authorize the disbursement of funds for a housing rehabilitation loan if: (96698)

(1) the department finds that the local government that approved the loan is not making a good faith effort to substantially comply with the applicable housing rehabilitation area plan or the rules adopted by the department; or (96699)

(2) the remaining part of the fund allocated to the local government under Section 2304.008 is insufficient to allow the payment of the approved amount. (96700)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.73, eff. Sept. 1, 1997. (96701)

Sec. 2304.067. LIMIT ON AMOUNT OF LOAN. (96702)(1-click HTML)

The amount of a housing rehabilitation loan may not exceed: (96703)

(1) the amount determined by subtracting the amount of all other outstanding indebtedness secured by the property covered by the loan from the market value of the rehabilitated property as determined by the local government approving the loan; or (96704)

(2) the amount determined by adding the amount of the housing rehabilitation contract made and approved under Subchapter E for the property to the amount of the administrative charge imposed under Section 2304.068 in connection with the loan. (96705)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96706)

Sec. 2304.068. ADMINISTRATIVE CHARGE IMPOSED BY LOCAL GOVERNMENT. (96707)(1-click HTML)

(a) A local government may impose a charge to cover its administrative expenses incurred in connection with a housing rehabilitation loan made by the local government. (96708)

(b) The local government may deduct the charge from the amount loaned. (96709)

(c) The charge may not exceed three percent of the amount of the contract for housing rehabilitation the borrower makes with a contractor. (96710)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96711)

Sec. 2304.069. INTEREST RATE. (96712)(1-click HTML)

(a) The department shall set the minimum and maximum interest rates for housing rehabilitation loans. (96713)

(b) A local government shall set the interest rate for a housing rehabilitation loan it approves under this chapter. The rate must be within the minimum and maximum rates set by the department. (96714)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96715)

Sec. 2304.070. TERM OF LOAN. (96716)(1-click HTML)

A local government shall set the term of a housing rehabilitation loan it approves under this chapter. The term may not exceed 20 years. (96717)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96718)

Sec. 2304.071. INSTALLMENT PAYMENTS. (96719)(1-click HTML)

A housing rehabilitation loan must be repaid in installments. (96720)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96721)

Sec. 2304.072. LOAN TO BE SECURED. (96722)(1-click HTML)

A housing rehabilitation loan must be secured as required by this chapter and the rules adopted under this chapter. (96723)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96724)

Sec. 2304.073. OTHER LOAN CONDITIONS. (96725)(1-click HTML)

For a housing rehabilitation loan a local government approves under this chapter, the local government shall establish other necessary conditions relating to the repayment of the loan according to this chapter and the regulations of the department. (96726)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96727)

Sec. 2304.074. ADJUSTMENTS IF BORROWER UNABLE TO REPAY LOAN. (96728)(1-click HTML)

A local government may allow for the deferment of payments or may adjust the interest rate or term of a housing rehabilitation loan approved by the local government if the borrower is unable to make the required payments. (96729)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96730)

Sec. 2304.075. DISPOSITION OR ENCUMBRANCE OF PROPERTY BY BORROWER. (96731)(1-click HTML)

The department may adopt regulations governing the disposition or further encumbrance by the borrower of property subject to a lien that secures a housing rehabilitation loan. (96732)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96733)

Sec. 2304.076. CONDITIONS UNDER WHICH LOAN BECOMES IMMEDIATELY DUE. (96734)(1-click HTML)

(a) A borrower must agree that if the borrower voluntarily destroys, moves from, or relinquishes ownership of the rehabilitated housing on or before the first anniversary of the date the rehabilitation is completed: (96735)

(1) the borrower's housing rehabilitation loan becomes immediately due and payable; and (96736)

(2) an interest surcharge is added sufficient to make the total interest paid equal an amount determined by the prevailing interest rates for rehabilitation loans from private sources at the time of the sale. (96737)

(b) The local government that approved the loan may waive the interest surcharge if: (96738)

(1) the local government finds that the borrower must sell the housing because of financial hardship or similar circumstances; and (96739)

(2) the department consents to the waiver. (96740)

(c) A local government that approved a housing rehabilitation loan may, with the consent of the department, take the following action if the borrower dies or the borrower sells or gives away property encumbered by the loan: (96741)

(1) declare all or part of any deferred payments due and payable; (96742)

(2) declare the balance of the loan due and payable; or (96743)

(3) allow a buyer, donee, or other successor in title who qualifies under Section 2304.062 to assume the loan. (96744)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96745)

Sec. 2304.077. ACQUISITION OF PROPERTY TO PROTECT LOAN. (96746)(1-click HTML)

The department may acquire title to any project by foreclosure if necessary to protect a housing rehabilitation loan made for the project by the department and to pay the costs arising from the foreclosure. (96747)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96748)

Sec. 2304.078. ACQUISITION OF PROPERTY TO ENFORCE LIEN. (96749)(1-click HTML)

To enforce a lien under this chapter, the department may acquire housing by: (96750)

(1) foreclosure of a mortgage; (96751)

(2) a sale under a deed of trust; or (96752)

(3) a voluntary conveyance from a borrower in full or partial settlement of a housing rehabilitation loan. (96753)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96754)

Sec. 2304.079. PUBLIC SALE OR AUCTION OF ACQUIRED PROPERTY. (96755)(1-click HTML)

(a) If the department acquires housing in the enforcement of a lien under this chapter, it shall within six months after the acquisition offer the housing for public sale or auction. (96756)

(b) The department must provide notice of the public sale or auction by having a notice published in a newspaper of general circulation in the county in which the property is located. The notice must be published once a week for three consecutive weeks before the date of the sale or auction and must contain: (96757)

(1) a description of the property; (96758)

(2) a description of the procedures for submitting competitive bids for the property; and (96759)

(3) a statement of the time and location of the sale or auction. (96760)

(c) The department may reject any or all bids submitted for the property. (96761)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96762)

Sec. 2304.080. PRIVATE SALE. (96763)(1-click HTML)

(a) If a sale of property cannot be made by a public sale or auction as provided by Section 2304.079, the department may negotiate with a party for the expeditious sale of the property. In the negotiations, the department shall give priority to selling the property to a purchaser who will be required to pay ad valorem taxes on the property. (96764)

(b) If a sale to that kind of purchaser is not practicable, the department shall attempt to sell the property to a purchaser who is exempt from ad valorem taxes but who will make payments in lieu of taxes on the property. (96765)

(c) If neither type of purchaser is available, the department may sell the property to any purchaser. (96766)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96767)

Sec. 2304.081. CONTRACT FOR SERVICING LOAN. (96768)(1-click HTML)

A local government may contract with any entity for the servicing of a housing rehabilitation loan approved by the local government. (96769)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96770)

Sec. 2304.082. AUDIT OF LOANS. (96771)(1-click HTML)

The department shall audit the local administration of housing rehabilitation loans to determine if a good faith effort is being made to comply with the applicable housing rehabilitation plan and the rules adopted by the department. (96772)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96773)

SUBCHAPTER E. HOUSING REHABILITATION CONTRACTS (96774)(1-click HTML)
Sec. 2304.101. STANDARDS FOR CONTRACTORS AND CONTRACTS. (96775)(1-click HTML)

The department shall adopt standards for: (96776)

(1) the selection of contractors to perform housing rehabilitation under this chapter; (96777)

(2) housing rehabilitation contracts between borrowers and contractors; and (96778)

(3) materials and fixtures used in performing housing rehabilitation under this chapter. (96779)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96780)

Sec. 2304.102. LOCAL GOVERNMENT APPROVAL AND SUPERVISION OF CONTRACTS. (96781)(1-click HTML)

(a) A borrower and a contractor may not contract for housing rehabilitation that is to be financed by a housing rehabilitation loan unless the local government responsible for approving the loan approves the proposed contract in accordance with the standards adopted by the department. (96782)

(b) The local government shall supervise all work performed under the contract. The contractor is not entitled to payment until the work has been approved by the local government, and the borrower is not liable to the contractor for any work not approved by the local government. (96783)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96784)

Sec. 2304.103. ADVERTISING REQUIREMENT FOR CERTAIN CONTRACTS. (96785)(1-click HTML)

A contract for housing rehabilitation that involves the expenditure of more than $3,000 and that is to be financed by loan funds applied by the department may not be made unless advertised in the same way as a contract under Chapter 252, Local Government Code. (96786)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96787)

Sec. 2304.104. PERFORMANCE AND PAYMENT BONDS. (96788)(1-click HTML)

The provisions of Chapter 2253 relating to performance and payment bonds apply to a construction contract governed by this subchapter. (96789)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96790)

CHAPTER 2305. RESTITUTION FOR OIL OVERCHARGES (96791)(1-click HTML)
Sec. 2305.001. SHORT TITLE. (96792)(1-click HTML)

This chapter may be cited as the Oil Overcharge Restitutionary Act. (96793)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (96794)

Sec. 2305.002. DEFINITIONS. (96795)(1-click HTML)

In this chapter: (96796)

(1) "Account" means the oil overcharge account. (96797)

(2) "Applicable federal guidelines" means federal court judgments or orders, case settlements, laws, regulations, or other requirements or discretionary authority, imposed by the judicial, legislative, or executive branch, that govern or restrict the use of money received by the state because of petroleum overcharge litigation relating to the overpricing of crude oil or refined petroleum products during the 1973-1981 period of mandatory federal price controls. (96798)

(3) "Energy office" means the state energy conservation office of the comptroller's office as established by Chapter 447. (96799)

(4) "Supervising state agency" means the state agency, department, commission, or other entity designated by this chapter or by the governor to supervise, manage, or administer a program financed under this chapter. (96800)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 526, Sec. 4, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 521, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1158, Sec. 74, eff. June 15, 2001; Acts 2001, 77th Leg., ch. 1398, Sec. 2, eff. Sept. 1, 2001. (96801)

SUBCHAPTER B. PROGRAM ADMINISTRATION (96802)(1-click HTML)
Sec. 2305.011. ADMINISTRATION BY COMPTROLLER'S OFFICE AND ENERGY OFFICE. (96803)(1-click HTML)

(a) The energy office shall oversee and monitor the administration of programs prescribed by this chapter. (96804)

(b) The governor and the energy office may establish direct grant programs and competitive grant programs in addition to the programs provided by this chapter. (96805)

(c) The energy office shall establish programs and criteria and evaluate a proposal in accordance with applicable federal guidelines. (96806)

(d) The energy office shall send to the appropriate federal entity all information required under applicable federal guidelines. (96807)

(e) Criteria established under this section may apply generally to all programs or specifically to one or more programs. (96808)

(f) The comptroller may establish procedures and adopt rules as necessary to administer the programs prescribed by this chapter. (96809)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 526, Sec. 5, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec. 2, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 521, Sec. 3, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1158, Sec. 75, 76, eff. June 15, 2001; Acts 2001, 77th Leg., ch. 1398, Sec. 3, 4, eff. Sept. 1, 2001. (96810)

Sec. 2305.012. ADMINISTRATION; ASSISTANCE. (96811)(1-click HTML)

(a) The energy office shall implement and administer this chapter. (96812)

(b) The energy office or the governor through the energy office may enlist the assistance of a private entity or a state agency, department, commission, or other entity to: (96813)

(1) evaluate or review a proposal; (96814)

(2) audit a program participant or a supervising state agency; (96815)

(3) perform administrative duties under this chapter; or (96816)

(4) develop eligibility or evaluation criteria. (96817)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 63, eff. June 20, 2003. (96818)

SUBCHAPTER C. FINANCIAL PROVISIONS (96819)(1-click HTML)
Sec. 2305.021. OIL OVERCHARGE ACCOUNT. (96820)(1-click HTML)

(a) The oil overcharge account is an account in the general revenue fund. (96821)

(b) The comptroller shall deposit to the credit of the account any amount received as a result of petroleum overcharge litigation relating to the overpricing of crude oil or refined petroleum products during the 1973-1981 period of mandatory federal price controls. (96822)

  

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