| (a) Initial application contents. To request a limitation
on appraised value for school district maintenance and operations
ad valorem tax purposes pursuant to Tax Code, Chapter 313, an applicant
shall file a completed application with the school district in which
the qualified property will be located.
(1) A completed application shall consist of, at a
minimum, the following items:
(A) the comptroller's current application form and
Schedules A1, A2, B and C attached to the application form with all
information boxes filled in with the information on which applicant
intends to rely including but not limited to:
(i) a specific and detailed description of the proposed
qualified property to which the appraised value limitation will apply
sufficient to clearly distinguish the subject property from property
to which the limitation does not apply and to establish that the property
meets the criteria of qualified property pursuant to these rules and
Tax Code, §313.021(2);
(ii) a specific and detailed description of the investment
described in Tax Code, §313.021(1) that is proposed to be made
in the property subject to the appraised value limitation and sound,
good faith estimates of the dollar value of intended investment sufficient
to establish that the investment meets minimum criteria for qualified
investment pursuant to Tax Code, §313.023 or §313.053 if
applicable, during the proposed qualifying time period;
(iii) if the land upon which the qualified property
will be located contains existing improvements or tangible personal
property, a specific and detailed description of the tangible personal
property, buildings, or permanent, non-removable building components
(including any affixed to or incorporated into real property) on the
land that is sufficient to distinguish existing property from the
proposed new improvements and any proposed property that is not new
improvements which may include maps, surveys, appraisal district values
and parcel numbers, inventory lists, property lists, model and serial
numbers of existing property, or other information of sufficient detail
and description to locate all existing property within the boundaries
of the real property which is subject to the agreement; provided however,
that the date of appraisal shall be within 15 days of the date the
application is received by the school district;
(iv) the total number of any jobs related to construction
or operation of the facility that the applicant chooses to disclose
for the purpose of calculating the economic impact of the project;
(v) the total number of qualifying jobs the applicant
commits to create and maintain during the full term of the agreement
and a schedule which identifies the number of qualifying jobs created
and maintained in each year of the agreement;
(vi) the wages, salaries, and benefits applicant commits
to provide for each qualifying job;
(vii) the total number of non-qualifying jobs the applicant
estimates it will create and maintain during the full term of the
agreement and a schedule which identifies the number of non-qualifying
jobs created and maintained in each year of the agreement;
(viii) the average wages the applicant estimates it
will provide for non-qualifying jobs;
(ix) a statement:
(I) that for the purposes of this statement, "payments
to the school district" include any and all payments or transfers
of things of value made to the school district or to any person or
persons in any form if such payment or transfer of thing of value
being provided is in recognition of, anticipation of, or consideration
for the agreement for limitation on appraised value; and
(II) as to whether:
(-a-) the amount of any and all payments or transfers
made to the school district may result in payments that are or are
not in compliance with Tax Code, §313.027(i); or
(-b-) as to whether the method for determining the
amount may result in payments to the school district that are or are
not in compliance with Tax Code, §313.027(i); and
(x) a description of the real property on which the
intended investment will be made, identified additionally by the county
appraisal district parcel number;
(B) such other written documents containing information
on which applicant relies to qualify for and obtain a limitation on
appraised value pursuant to Tax Code, Chapter 313;
(C) such other written documents containing information
reasonably requested by either the school district or the comptroller
which shall be provided within 20 days of the date of the request,
provided however the applicant may request up to 10 additional days
to provide the requested information;
(D) information identifying the applicant, and if applicant
is a combined group, identifying each such combined group's members
that intend to own a direct interest in the property subject to the
proposed agreement, by:
(i) official name, street address, city, county, state
and mailing address, if different from the street address, of the
official place of business of the applicant and, if the applicant
is a combined group, of each such combined group's members that intend
to own a direct interest in the property subject to the proposed agreement;
(ii) designation of an authorized representative for
the applicant and, if the applicant is a combined group, for each
such combined group's members that intend to own a direct interest
in the property subject to the proposed agreement; and
(iii) for each authorized representative, and if the
applicant is a combined group for each such combined group's members
that intend to own a direct interest in the property subject to the
proposed agreement, provide telephone number, email address, street
address, city, county, state, and mailing address if different from
the street address;
(E) the signature of applicant's authorized representative(s)
by which applicant confirms and attests to the truth and accuracy
of the information submitted in the application to the best knowledge
and belief of applicant and its representative(s);
(F) the total application fee required by the school
district with which the application will be filed;
(G) a statement as to whether or not the project is
an expansion of an existing operation on the land which will become
qualified property, and if so, a description of the nature of the
existing operation, and the nature of the expansion, including an
explanation of how the expansion affects or interacts with current
operations;
(H) a statement specifying the beginning date of the
limitation period, which must be January 1 of the first tax year that
begins after one of the following:
(i) the date of the completed application;
(ii) the date of the end of the qualifying time period,
provided however that such date will begin no later than the beginning
of the limitation period; or
(iii) the date commercial operations are to begin at
the site of the project;
(I) a statement regarding the location and nature of
other facilities that the applicant operates in the state, and a detailed
description of any such facilities that will provide inputs to or
use outputs from the project that is the subject of the application;
(J) a detailed description of any state and local incentives
for which the applicant intends to apply; and
(K) any information that the applicant requests the
comptroller to consider in making the determination under Tax Code, §313.026(c)(2)
that the limitation on appraised value is a determining factor in
the applicant's decision to invest capital and construct the project
in the state, which may include:
(i) other locations not in Texas that the applicant
considered or is considering for the project;
(ii) capital investment and return on investment information
in comparison with other alternative investment opportunities; or
(iii) information related to the applicant's inputs,
transportation and markets.
(2) The completed application contents shall include
an electronically digitized copy of the completed application formatted
in searchable pdf format or other format acceptable to the comptroller;
schedules A1, A2, B and C in Microsoft Excel format; and high-resolution
maps and graphics (300 dpi or higher).
(3) The application shall be submitted in any manner
acceptable to the comptroller.
(b) Optional application requests. An applicant may
include in an application:
(1) a request that the school district waive the requirement
of Tax Code, §313.021(2)(A)(iv)(b) or §313.051(b), whichever
is applicable, to create new jobs. In order for a completed application
to include a job waiver request, applicant shall submit:
Cont'd... |
