Tex. Ins. Code Section 228.201
Definition of Qualified Business


(a)

In this chapter, “qualified business” means a business that complies with this section at the time of a certified capital company’s first investment in the business.

(b)

A qualified business must:

(1)

be headquartered in this state and intend to remain in this state after receipt of the certified capital company’s investment; and

(2)

have the business’s principal business operations located in this state and intend to maintain business operations in this state after receipt of the certified capital company’s investment.

(c)

A qualified business must agree to use the qualified investment primarily to:

(1)

support business operations in this state, other than advertising, promotion, and sales operations which may be conducted outside of this state; or

(2)

in the case of a start-up company, establish and support business operations in this state, other than advertising, promotion, and sales operations which may be conducted outside of this state.

(d)

A qualified business may not have more than 100 employees and must:

(1)

employ at least 80 percent of the business’s employees in this state; or

(2)

pay 80 percent of the business’s payroll to employees in this state.

(e)

A qualified business must be primarily engaged in:

(1)

manufacturing, processing, or assembling products;

(2)

conducting research and development; or

(3)

providing services.

(f)

A qualified business may not be primarily engaged in:

(1)

retail sales;

(2)

real estate development;

(3)

the business of insurance, banking, or lending; or

(4)

the provision of professional services provided by accountants, attorneys, or physicians.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1B.001, eff. April 1, 2009.

Source: Section 228.201 — Definition of Qualified Business, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­228.­htm#228.­201 (accessed Apr. 29, 2024).

228.001
General Definitions
228.002
Definition of Affiliate
228.051
Administration by Comptroller
228.052
Rules
228.053
Report to Legislature
228.054
Promotion of Program
228.101
Application for Certification
228.102
Qualification
228.103
Management by and Certain Ownership Interests of Insurance Entities Prohibited
228.104
Action on Application
228.105
Continuation of Certification
228.106
Reports to Comptroller
228.107
Renewal Fee
228.108
Offering Material Used by Certified Capital Company
228.151
Required Schedule of Investment
228.152
Investment in Early Stage Business Required
228.153
Investment in Strategic Investment Business Required
228.154
Certified Capital Not Invested in Qualified Investments
228.155
Computation of Amount of Investments
228.156
Limit on Qualified Investment
228.157
Distributions by Certified Capital Company
228.158
Repayment of Debt
228.201
Definition of Qualified Business
228.202
Relocation of Principal Business Operations
228.203
Evaluation of Business by Comptroller
228.204
Continuation of Classification as Qualified Business
228.251
Premium Tax Credit
228.252
Limit on Premium Tax Credit
228.253
Premium Tax Credit Allocation Claim Required
228.254
Total Limit on Premium Tax Credits
228.255
Allocation of Premium Tax Credit
228.256
Treatment of Credits and Capital
228.257
Transferability of Credit
228.258
Impact of Premium Tax Credit on Insurance Ratemaking
228.259
Retaliatory Tax
228.301
Annual Review by Comptroller
228.302
Decertification of Certified Capital Company
228.303
Administrative Penalty
228.351
Recapture and Forfeiture of Premium Tax Credit Following Decertification
228.352
Notice of Recapture and Forfeiture of Premium Tax Credit
228.353
Indemnity Agreements and Insurance Authorized

Accessed:
Apr. 29, 2024

§ 228.201’s source at texas​.gov