| (vi) a tabular summary of the number of new jobs, the
titles and/or Standard Occupational Classification by six-digit code
and salary ranges of full-time jobs to be created;
(vii) a tabular summary of the number of new jobs,
the titles and/or Standard Occupational Classification by six-digit
code and salary ranges of full-time jobs to be retained, if applying
for retained job benefit; and
(viii) the total projected annual payroll for the jobs
that are being considered for benefit;
(D) commitments from the business that include:
(i) a completed form provided by the Bank, certifying
the business as a qualified business;
(ii) a statement from a franchise or subsidiary, if
applicable, stating that the business will maintain separate payroll
and tax records of the business activity conducted at the qualified
business site;
(iii) the percentage of new or additional employees
hired to occupy the jobs being claimed for benefit that are residents
of any enterprise zone in the state, or that are economically disadvantaged;
(iv) a description of the efforts of the business to
develop and revitalize the area as described in the Act, §2303.405(e);
and
(v) a statement certifying that the business, or a
branch, division, or department of the business, does not and will
not knowingly employ an undocumented worker.
(f) Multiple concurrent enterprise project designations.
A qualified business that currently has an enterprise project designation
may apply for an additional enterprise project designation at the
same qualified business site. To receive the additional enterprise
project designation the governing body must complete an enterprise
project application with all of the required nominations and attachments.
Additionally, the application must include a breakdown of capital
investment and new and/or retained jobs for each designation, clearly
delineating what capital investment and jobs will apply to which designation,
with timelines for all.
(g) Name change. If the name of a qualified business
that has received an enterprise project designation has changed, the
Bank may approve the name change for the enterprise project designation.
The designated enterprise project must apply for a name change to
the Bank no later than 18 months after the enterprise project designation
expires, or the business will not be eligible for program benefits.
The name change of a project designation by a qualified business does
not extend the original designation period, which is applicable to
the original and subsequent designee, and which will end on the last
day of the original designation period. The receive Bank approval
for a name change, the qualified business must submit through the
applicant governing body:
(1) a completed Name Change Application, along with
a non-refundable cashiers check or money order made payable to Office
of the Governor, for a processing fee;
(2) a written explanation by the designee of the reasons
for the name change, the date the name change occurred and any changes
to the commitments made by the business in the original enterprise
project application, if applicable; and
(3) written acknowledgment from the applicant governing
body that it is aware of the name change for the project as a qualified
business operating at the qualified business site within its jurisdiction.
(h) Assignment or Assumption. The Bank may approve
the assignment or assumption of a state-designated enterprise project
that has transferred through a sale to another entity that will commit
to continue operations at the qualified business site in the way originally
committed within the initial enterprise project application, or which
otherwise demonstrates to the satisfaction of the Bank that the assignment
or assumption is warranted to avoid disruption of operations and loss
of jobs. The transfer of a project designation by a qualified business
does not extend the original designation period, which is applicable
to the original and subsequent designee and which will end on the
last day of the original designation period. The designated enterprise
project must apply to the Bank, through the appropriate governing
body, for designation assignment or assumption no later than 18 months
after the enterprise project designation expires, or the business
will not be eligible for program benefits. The following must be submitted
through the applicant governing body to the Bank:
(1) official action by the governing body in the form
of a resolution approving the transfer of the enterprise designation
to the purchaser;
(2) a completed Enterprise Project Assignment Application,
along with a non-refundable cashiers check or money order made payable
to Office of the Governor for a processing fee;
(3) a written relinquishment from the designated project's
qualified business to the governing body and Bank to release all claim
to the project designation and any benefits represented thereunder
and agreeing to the assignment of the designation as of a specific
date by the purchaser seeking to assume the designation;
(4) a written certification from the purchaser on a
form to be provided by the Bank that the purchaser will be a qualified
business under the Act, §2303.402;
(5) a letter of commitment from the purchaser addressed
to the governing body and the Bank in the same format as the letter
of commitment filed in the original application for project designation
by the initial qualified business. The letter should outline any modifications
proposed by the purchaser to the original commitments made by the
qualified business holding the project designation, including capital
investment and jobs to be created or retained, as applicable, and
a statement as to why the assignment is essential to their operations
at the qualified business site;
(6) a Comptroller of Public Accounts tax identification
number and federal tax identification number for the purchaser; and
(7) a copy of the purchasers' articles of incorporation
filed with the State of Texas Secretary of State, or the dba statement
under which the business operates.
(i) A qualified business may be designated as an enterprise
project for no less than one year and no longer than five years. The
designation of a qualified business as an enterprise project shall
remain in effect during the period beginning on the date of the designation
and ending on the earliest of:
(1) the date requested in the application for designation
as an enterprise project as indicated in the nominating ordinance,
order or resolution, as applicable;
(2) five years after the date the designation is made;
(3) the last day that completes the original project
designation period of a qualified business that has assumed the designation
of the enterprise project designation through or purchase of a designated
qualified business for the purpose of continuing its operations at
the applicable qualified business; or
(4) the date the Bank notifies the qualified business
and the governing body that the qualified business is not in compliance
with any requirement for designation as an enterprise project.
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| Source Note: The provisions of this §176.4 adopted to be effective May 28, 2006, 31 TexReg 4420; amended to be effective November 10, 2011, 36 TexReg 7545; amended to be effective January 4, 2015, 39 TexReg 10420 |
