Tex. Gov't Code Section 2303.402
Qualified Business


(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:

(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:

(A)

residents of any enterprise zone in this state;

(B)

economically disadvantaged individuals; or

(C)

veterans; or

(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:

(A)

residents of any enterprise zone in this state;

(B)

individuals who are economically disadvantaged; or

(C)

veterans.

(b)

Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(6).

(c)

For the purposes of this section, an economically disadvantaged individual is an individual who:

(1)

was unemployed for at least three months before obtaining employment with the qualified business;

(2)

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

(3)

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

(4)

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

(5)

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

(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;

(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;

(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

(9)

was under the permanent managing conservatorship of the Department of Family and Protective Services on the day preceding the individual’s 18th birthday.
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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1114 (H.B. 3694), Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.089, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1116 (H.B. 1043), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 591 (S.B. 100), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 116, eff. September 1, 2015.

Source: Section 2303.402 — Qualified Business, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2303.­htm#2303.­402 (accessed Jun. 5, 2024).

2303.001
Short Title
2303.002
Purposes
2303.003
Definitions
2303.004
Jurisdiction of Municipality
2303.051
General Powers and Duties
2303.052
Bank Report Regarding Program
2303.053
Assistance
2303.054
Coordination with Other Governmental Entities
2303.101
Qualification for Enterprise Zone Designation
2303.109
Period of Designation
2303.201
Administration by Governing Body
2303.204
Liaison
2303.205
Annual Report
2303.401
Definitions
2303.402
Qualified Business
2303.403
Prohibition on Qualified Business Certification
2303.404
Request for Application for Enterprise Project Designation
2303.405
Application for Enterprise Project Designation
2303.406
Enterprise Project Designation
2303.407
Allocation of Jobs Eligible for Tax Refund
2303.408
Duration of Certain Designations
2303.501
Exemptions from State Regulation
2303.502
Review of State Agency Rules
2303.503
State Preferences
2303.504
State Tax Refunds
2303.505
Local Sales and Use Tax Refunds
2303.506
Reduction or Elimination of Local Fees or Taxes
2303.507
Tax Increment Financing and Abatement
2303.509
Development Bonds
2303.510
Industrial Development Corporation
2303.511
Other Local Incentives
2303.513
Disposition of Public Property in Enterprise Zone
2303.514
Waiver of Performance Bond
2303.515
Liability of Contractor or Architect
2303.516
Monitoring Qualified Business or Enterprise Project Commitments
2303.517
Report
2303.4051
Ordinance or Order for Identification of Local Incentives
2303.4052
Required Information from Nominating Body
2303.4071
Maximum Tax Refund
2303.4072
Enterprise Project Claim for State Benefit
2303.5055
Refund, Rebate, or Payment of Tax Proceeds to Qualified Hotel Project

Accessed:
Jun. 5, 2024

§ 2303.402’s source at texas​.gov