By: Harrison H.B. No. 178       A BILL TO BE ENTITLED   AN ACT   relating to the repeal of the Texas Jobs, Energy, Technology, and   Innovation Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter T, Chapter 403, Government Code, as   added by Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular   Session, 2023, is repealed.          SECTION 2.  Section 48.2551(a), Education Code, is amended   to read as follows:          (a)  In this section:                (1)  "DPV" is the taxable value of property in the   school district, as determined by the agency by rule, using locally   determined property values adjusted in accordance with Section   403.302(d), Government Code;                (2)  "E" is the expiration of the exclusion of   appraised property value for the preceding tax year that is   recognized as taxable property value for the current tax year,   which is the sum of the following:                      (A)  property value that is no longer subject to a   limitation on appraised value under former Subchapter B or C,   Chapter 313, Tax Code, or a limitation on taxable value under former   Subchapter T, Chapter 403, Government Code, as added by Chapter 377   (H.B. 5), Acts of the 88th Legislature, Regular Session, 2023; and                      (B)  property value under Section 311.013(n), Tax   Code, that is no longer excluded from the calculation of "DPV" from   the preceding year because of refinancing or renewal after   September 1, 2019;                (3)  "MCR" is the district's maximum compressed rate,   which is the tax rate for the current tax year per $100 of valuation   of taxable property at which the district must levy a maintenance   and operations tax to receive the full amount of the tier one   allotment to which the district is entitled under this chapter;                (4)  "PYDPV" is the district's value of "DPV" for the   preceding tax year; and                (5)  "PYMCR" is the district's value of "MCR" for the   preceding tax year.          SECTION 3.  Section 48.256(d), Education Code, is amended to   read as follows:          (d)  This subsection applies to a school district in which   the board of trustees entered into a written agreement with a   property owner for the implementation of a limitation on taxable   value under former Subchapter T, Chapter 403, Government Code, as   added by Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular   Session, 2023. For purposes of determining "DPV" under Subsection   (a) for a school district to which this subsection applies, the   commissioner shall exclude a portion of the market value of   property not otherwise fully taxable by the district under former   Subchapter T, Chapter 403, Government Code, as added by Chapter 377   (H.B. 5), Acts of the 88th Legislature, Regular Session, 2023. The   comptroller shall provide information to the agency necessary for   this subsection.          SECTION 4.  Section 2303.507, Government Code, is amended to   read as follows:          Sec. 2303.507.  TAX INCREMENT FINANCING AND ABATEMENT;   LIMITATIONS ON APPRAISED AND TAXABLE VALUE. Designation of an area   as an enterprise zone is also designation of the area as a   reinvestment zone for:                (1)  tax increment financing under Chapter 311, Tax   Code;                (2)  tax abatement under Chapter 312, Tax Code;                (3)  limitations on appraised value under former   Subchapter B or C, Chapter 313, Tax Code; and                (4)  limitations on taxable value under former   Subchapter T, Chapter 403, of this code, as added by Chapter 377   (H.B. 5), Acts of the 88th Legislature, Regular Session, 2023.          SECTION 5.  Section 23.03, Tax Code, is amended to read as   follows:          Sec. 23.03.  COMPILATION OF LARGE PROPERTIES AND PROPERTIES   SUBJECT TO LIMITATION ON APPRAISED OR TAXABLE VALUE. Each year the   chief appraiser shall compile and send to the Texas Economic   Development and Tourism Office a list of properties in the   appraisal district that in that tax year:                (1)  have a market value of $100 million or more;                (2)  are subject to a limitation on appraised value   under former Subchapter B or C, Chapter 313; or                (3)  are subject to a limitation on taxable value under   former Subchapter T, Chapter 403, Government Code, as added by   Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular   Session, 2023.          SECTION 6.  Section 26.012(6), Tax Code, is amended to read   as follows:                (6)  "Current total value" means the total taxable   value of property listed on the appraisal roll for the current year,   including all appraisal roll supplements and corrections as of the   date of the calculation, less the taxable value of property   exempted for the current tax year for the first time under Section   11.31 or 11.315, except that:                      (A)  the current total value for a school district   excludes:                            (i)  the total value of homesteads that   qualify for a tax limitation as provided by Section 11.26;                            (ii)  new property value of property that is   subject to an agreement entered into under former Subchapter B or C,   Chapter 313; and                            (iii)  new property value of property that   is subject to an agreement entered into under former Subchapter T,   Chapter 403, Government Code, as added by Chapter 377 (H.B. 5), Acts   of the 88th Legislature, Regular Session, 2023; and                      (B)  the current total value for a county,   municipality, or junior college district excludes the total value   of homesteads that qualify for a tax limitation provided by Section   11.261.          SECTION 7.  Section 171.602(f), Tax Code, is amended to read   as follows:          (f)  The comptroller may not issue a credit under this   section before the later of:                (1)  the expiration of an agreement under former   Subchapter B or C, Chapter 313, regarding the clean energy project   for which the credit is issued; or                (2)  the expiration of an agreement under former   Subchapter T, Chapter 403, Government Code, as added by Chapter 377   (H.B. 5), Acts of the 88th Legislature, Regular Session, 2023,   regarding the clean energy project for which the credit is issued.          SECTION 8.  Section 312.0025(a), Tax Code, is amended to   read as follows:          (a)  Notwithstanding any other provision of this chapter to   the contrary, the governing body of a school district, in the manner   required for official action and for purposes of former Subchapter   B or C, Chapter 313, of this code or former Subchapter T, Chapter   403, Government Code, as added by Chapter 377 (H.B. 5), Acts of the   88th Legislature, Regular Session, 2023, may designate an area   entirely within the territory of the school district as a   reinvestment zone if the governing body finds that, as a result of   the designation and the granting of a limitation on appraised value   under former Subchapter B or C, Chapter 313, of this code or the   granting of a limitation on taxable value under former Subchapter   T, Chapter 403, Government Code, as added by Chapter 377 (H.B. 5),   Acts of the 88th Legislature, Regular Session, 2023, for property   located in the reinvestment zone, the designation is reasonably   likely to:                (1)  contribute to the expansion of primary employment   in the reinvestment zone; or                (2)  attract major investment in the reinvestment zone   that would:                      (A)  be a benefit to property in the reinvestment   zone and to the school district; and                      (B)  contribute to the economic development of the   region of this state in which the school district is located.          SECTION 9.  An agreement limiting the taxable value of   property entered into under Subchapter T, Chapter 403, Government   Code, as added by Chapter 377 (H.B. 5), Acts of the 88th   Legislature, Regular Session, 2023, before the effective date of   this Act continues in effect according to that subchapter as that   subchapter existed immediately before that date, and that law,   including Sections 403.614, 403.616, and 403.622, Government Code,   as added by Chapter 377 (H.B. 5), Acts of the 88th Legislature,   Regular Session, 2023, is continued in effect for purposes of the   agreement.          SECTION 10.  The comptroller shall transfer any money   appropriated to the Texas Jobs, Energy, Technology, and Innovation   Act to the Texas Education Agency for the state fiscal biennium   beginning September 1, 2025, to reduce the state compression   percentage under Section 48.255, Education Code, to the lowest   possible percentage.          SECTION 11.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect on the 91st day after the last day of   the legislative session.