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Title 3. Local Taxation
Subtitle B. Special Property Tax Provisions

Chapter 313. Texas Economic Development Act

Subchapter A. General Provisions

Sec. 313.001. Short Title.
Sec. 313.002. Findings.
Sec. 313.003. Purposes.
Sec. 313.004. Legislative Intent.
Sec. 313.005. Definitions.
Sec. 313.006. Imposition of Impact Fee.
Sec. 313.007. Expiration.

[Sections 313.008‑313.020 reserved for expansion]

Sec. 313.001. Short Title.

This chapter may be cited as the Texas Economic Development Act.

Added by 2001 Tex. Laws, p. 5060, ch. 1505, Sec. 1.

Sec. 313.002. Findings.

The legislature finds that:

(1) many states have enacted aggressive economic development laws designed to attract large employers, create jobs, and strengthen their economies;

(2) the State of Texas has slipped in its national ranking each year between 1993 and 2000 in terms of attracting major new manufacturing facilities to this state;

(3) a significant portion of the Texas economy continues to be based in the manufacturing industry, and the continued growth and overall health of the manufacturing sector serves the Texas economy well;

(4) without a vibrant, strong manufacturing sector, other sectors of the economy, especially the state's service sector, will also suffer adverse consequences; and

(5) the current property tax system of this state does not favor capital‑intensive businesses such as manufacturers.

Added by 2001 Tex. Laws, p. 5060, ch. 1505, Sec. 1.

Sec. 313.003. Purposes.

The purposes of this chapter are to:

(1) encourage large‑scale capital investments in this state, especially in school districts that have an ad valorem tax base that is less than the statewide average ad valorem tax base of school districts in this state;

(2) create new, high‑paying jobs in this state;

(3) attract to this state new, large‑scale businesses that are exploring opportunities to locate in other states or other countries;

(4) enable local government officials and economic development professionals to compete with other states by authorizing economic development incentives that meet or exceed incentives being offered to prospective employers by other states and to provide local officials with an effective means to attract large‑scale investment;

(5) strengthen and improve the overall performance of the economy of this state;

(6) expand and enlarge the ad valorem property tax base of this state; and

(7) enhance this state's economic development efforts by providing school districts with an effective local economic development option.

Added by 2001 Tex. Laws, p. 5060, ch. 1505, Sec. 1.

Sec. 313.004. Legislative Intent.

It is the intent of the legislature in enacting this chapter that:

(1) economic development decisions should occur at the local level and be consistent with identifiable statewide economic development goals;

(2) this chapter should not be construed or interpreted to allow:

(A) property owners to pool investments to create sufficiently large investments to qualify for an ad valorem tax benefit or financial benefit provided by this chapter;

(B) an applicant for an ad valorem tax benefit or financial benefit provided by this chapter to assert that jobs will be eliminated if certain investments are not made if the assertion is not true; or

(C) a sole proprietorship, partnership, or limited liability partnership to receive an ad valorem tax benefit or financial benefit provided by this chapter; and

(3) in implementing this chapter, school districts should:

(A) strictly interpret the criteria and selection guidelines provided by this chapter; and

(B) approve only those applications for an ad valorem tax benefit or financial benefit provided by this chapter that:

(i) enhance the local community;

(ii) improve the local public education system;

(iii) create high‑paying jobs; and

(iv) advance the economic development goals of this state as identified by the Texas Strategic Economic Development Planning Commission.

Added by 2001 Tex. Laws, p. 5061, ch. 1505, Sec. 1.

Sec. 313.005. Definitions.

Unless this chapter defines a word or phrase used in this chapter, Section 1.04 or any other section of Title 1 or this title that defines the word or phrase or ascribes a meaning to the word or phrase applies to the word or phrase used in this chapter.

Added by 2001 Tex. Laws, p. 5061, ch. 1505, Sec. 1.

Sec. 313.006. Imposition of Impact Fee.

(a) In this section, "impact fee" means a charge or assessment imposed against a qualified property, as defined by Section 313.021, in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions for water, wastewater, or storm water services or for roads necessitated by or attributable to property that receives a limitation on appraised value under this chapter.

(b) Notwithstanding any other law, including Chapter 395, Local Government Code, a municipality or county may impose and collect from the owner of a qualified property a reasonable impact fee under this section to pay for the cost of providing improvements associated with or attributable to property that receives a limitation on appraised value under this chapter.

Added by 2001 Tex. Laws, p. 5061, ch. 1505, Sec. 1.

Sec. 313.007. Expiration.

Subchapters B, C, and D expire December 31, 2007.

Added by 2001 Tex. Laws, p. 5061, ch. 1505, Sec. 1.

[Sections 313.008‑313.020 reserved for expansion]