| (a) An agreement holder may propose to modify the beginning
and ending dates of the incentive period. Notice of the proposed modification
must be provided to the comptroller, the governor, and the applicable
school district not later than the 90th day before the first day of
the incentive period specified in Government Code, §403.612(b)(3),
or not later than the 90th day before the first day of the proposed
incentive period, whichever is earlier.
(b) Failure to provide notice of a proposed modification
in a timely manner could lead to a denial of the modification request.
(c) To change the beginning and ending dates of the
incentive period, the agreement holder must update the most recent
schedules and economic benefit statement as necessary to reflect the
proposed change to the incentive period. The agreement holder must
include the revised schedules and economic benefit statement with
the notice provided to the comptroller, the governor, and the applicable
school district under this section.
(d) The comptroller shall make the finding required
by Government Code, §403.609(b)(2), regarding the project as
proposed to be modified or determine that the finding cannot be made.
(e) The comptroller shall notify the agreement holder,
the governor and the applicable school district of the comptroller's
finding not later than the 60th day after the date the comptroller
receives the notice and revised economic benefit statement from the
agreement holder of the proposed modification.
(f) The incentive period for the project may not be
modified if the comptroller determines that the finding required by
Government Code, §403.609(b)(2), regarding the project as proposed
to be modified cannot be made or if the governor or the applicable
school district objects to the proposed modification.
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