| (a) An applicant must submit an application for a limitation
on taxable value of eligible property in the form and manner prescribed
by the comptroller. The comptroller may require applications to be
submitted electronically.
(b) After the eligibility of the applicant is assessed
in §9.5001 of this chapter, the comptroller shall review an application
to determine if it is administratively complete. An application is
considered administratively complete when it includes all the information
requested by the comptroller.
(c) The comptroller shall provide notice of an administratively
complete application to the applicant, the governor and the applicable
school district. The comptroller may provide notice electronically.
(d) If an application is not administratively complete,
the comptroller may require an applicant to submit the necessary information
by a deadline.
(e) To assess whether a project proposed in an application
is an eligible project, the comptroller must find that:
(1) an applicant satisfies the application requirements;
(2) the proposed project meets the definition of eligible
project in §9.5000 of this title and Government Code, §403.602(8);
and
(3) The applicant is willing to agree and accept the
terms described in Government Code, §403.604, and the agreement
terms.
(f) To assess whether an agreement is a compelling
factor and whether the applicant would make the proposed investment
in the absence of the agreement under Government Code, §403.609(b)(3),
the comptroller may consider:
(1) any public documents and statements relating to
the applicant, the proposed project or the proposed eligible property
that is subject to the application;
(2) official statements by the applicant, government
officials or industry officials concerning the proposed project;
(3) alternative sites and prospects explored including
any specific incentive information;
(4) any information concerning the proposed project's
impact on the Texas economy;
(5) previous applications for and subsequent granting
of economic development incentives;
(6) documents pertaining to the proposed project's
financials, real estate transactions, utilities, infrastructure, transportation,
regulatory environment, permits, workforce, marketing, existing facilities,
nature of market conditions, and raw materials that demonstrate whether
the incentive is a compelling factor in a competitive site selection
process to locate the proposed project in Texas; and
(7) any other information that may aid the comptroller
in its determination.
(g) Upon request, the comptroller may require that
an applicant provides additional documents to demonstrate a compelling
factor in a competitive site selection process to locate the proposed
project in Texas. Failure to provide these documents may result in
the comptroller being unable to make a recommendation under Government
Code, §403.609.
(h) Within 60 days of an application being deemed complete,
the comptroller shall examine and determine whether the application
should be recommended or not recommended for approval based on the
criteria in Government Code, §403.609(b).
(i) The comptroller shall provide written notice of
action under Government Code, §403.609(a), to the applicant,
the governor and the applicable school district.
(1) The notice shall indicate the comptroller's recommendation
either for approval or non-approval of the application along with
a copy of the application, and all documents or information relied
upon to make the findings prescribed by Government Code, §403.609(b).
(2) A recommendation for approval shall specify a performance
bond amount that is 10% of the estimated gross tax benefit to the
applicant.
(j) An applicant may submit an amended or supplemental
application to the comptroller at any time after the submission of
the original application. If an applicant modifies an application
recommended by the comptroller prior to the execution of the agreement,
the applicant must submit said modifications to the comptroller to
make a recommendation pursuant to Government Code, §403.609,
before the agreement can be executed.
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