Tex.
Gov't Code Section 2303.406
Enterprise Project Designation
(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 (Required Information from Nominating Body) and determines that:(1)
the business is a qualified business under Section 2303.402 (Qualified Business) that is located in or has made a substantial commitment to locate in an enterprise zone or at a qualified business site;(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;(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(4)
if the business is seeking job retention benefits, the business has clearly demonstrated that:(A)
the permanent employees of the business will be permanently laid off;(B)
the business will close down permanently;(C)
the business will relocate out-of-state;(D)
the business is able to employ individuals in accordance with Section 2303.402 (Qualified Business); or(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.(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:(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;(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(3)
35 percent of the evaluation depends on the evaluation criteria as determined by the bank, which must include:(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;(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(C)
the type and wage level of the jobs to be created or retained by the business.(c)
The bank may remove an enterprise project designation if it determines that the business is not complying with a requirement for its designation.(d)
The maximum number of enterprise projects that the bank may designate for each nominating body during any biennium is:(1)
six, if the nominating body is the governing body of a municipality or county with a population of less than 250,000; or(2)
nine, if the nominating body is the governing body of a municipality or county with a population of 250,000 or more.(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 (Prohibition on Qualified Business Certification; Limit on Enterprise Project Designations).(e)
The office may not designate multiple concurrent enterprise projects to a qualified business located at a qualified business site.(f)
An approved designation as a double jumbo enterprise project, as defined by Section 2303.407 (Allocation of Jobs Eligible for Tax Refund), 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 (Prohibition on Qualified Business Certification; Limit on Enterprise Project Designations). An approved designation as a triple jumbo enterprise project, as defined by Section 2303.407 (Allocation of Jobs Eligible for Tax Refund), 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 (Prohibition on Qualified Business Certification; Limit on Enterprise Project Designations).(g)
The bank may lower the designation level of a proposed project or activity nominated for enterprise project designation:(1)
if there are fewer designations available than applications received; or(2)
to further the economic interests of the state.(h)
A state benefit may not be obtained under this chapter or Chapter 151 (Limited Sales, Excise, and Use Tax), Tax Code, for jobs moved from one jurisdiction in this state to another jurisdiction in this state.
Source:
Section 2303.406 — Enterprise Project Designation, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2303.htm#2303.406 (accessed Jun. 5, 2024).
