| (a) Documents submitted to comptroller. Within 15 days
of receiving or creating a substantive document, the comptroller shall
post such document on the comptroller's Internet website, provided
however, the comptroller shall not post any documents determined to
be confidential in accordance with Tax Code, §313.028 and this
section.
(1) The comptroller shall deem information as confidential
only if the document:
(A) at the time that it is received by the comptroller,
the party requesting confidentiality:
(i) has segregated the information for which confidentiality
is being requested from the other information submitted to the comptroller
and clearly and conspicuously labeled it confidential information;
(ii) provides a written list specifically identifying
each document, portion of document, or entry in the form prescribed
by the comptroller that applicant contends is confidential; and
(iii) provides in writing specific reasons, including
any relevant legal authority, stating why the material is believed
to be confidential; and
(B) the comptroller determines that the information
for which confidentiality is sought describes:
(i) specific processes or business activities to be
conducted by the applicant; or
(ii) specific tangible personal property to be located
on real property covered by the application.
(2) Substantive documents deemed confidential will
not be posted on the internet and will otherwise be withheld from
public release unless and until the governing body of the school district
acts on the application or the comptroller is directed to release
the documents by a ruling from the Attorney General.
(3) All applications and parts of applications which
are not segregated and marked as confidential as required under this
section shall be considered substantive documents and shall be posted
on the internet.
(4) When the governing body of the school district
agrees to consider the application, information in the custody of
a school district or the comptroller in connection with the application,
including information related to the economic impact of a project
or the essential elements of eligibility pursuant to Tax Code, Chapter
313, such as the nature and amount of the projected investment, employment,
wages, and benefits, shall not be considered confidential business
information.
(5) Any documents submitted in an electronic format
(including searchable pdfs) to the comptroller must comply with the
accessibility standards and specifications described in the 1 TAC
Chapters 206 and 213.
(b) Application review. Upon receiving an application
and accompanying documentation, the comptroller shall review the application
to determine if it is complete.
(1) If the comptroller determines that the application
was not submitted in compliance with or does not have documents or
information required pursuant to §9.1053(a) and if applicable
(b), of this title (relating to Entity Requesting Agreement to Limit
Appraised Value), or does not provide all necessary information the
comptroller determines is necessary to make the determinations required
by Tax Code, §313.026, and subsection (d) of this section, the
comptroller shall provide written notice to the school district, with
a copy to applicant, identifying the information that is required
or necessary to complete the application.
(A) Supplemental application information, amended application
information, and additional information requested by the comptroller
shall be promptly forwarded to the comptroller within 20 days of the
date of the request.
(B) On request of the school district or applicant,
the comptroller may extend the deadline for providing additional information
for a period of not more than 10 working days.
(C) Additional information concerning investment, property
value, property description, employment, and the qualifying time period
that is not provided to the comptroller in a timely manner may or
may not be used by the comptroller in making the determinations required
by Tax Code, §313.026 or this section.
(2) Until the comptroller receives such information
as is required and necessary to be submitted by applicant, the comptroller
may discontinue further action on the application. The comptroller
shall discontinue consideration of an application that remains incomplete
for more than 180 days after the date the comptroller first received
the application plus the number of days of any extension, notice of
which has been provided to the comptroller pursuant to §9.1054(d)
of this title (relating to School District Application Review and
Agreement to Limit Appraised Value).
(3) When the comptroller determines that the documentation
submitted in support of an application meets the requirements for
an application pursuant to §9.1053(a) and if applicable (b),
of this title, and the comptroller has received from the school district
a request to provide an economic impact evaluation and all necessary
documents for an appropriate evaluation of the requested appraised
value limitation from the applicant and the school district, the comptroller
shall notify the school district, the Texas Education Agency, and
the applicant in writing that the applicant has submitted a completed
application.
(c) Action on completed application. After issuing
a notice of a completed application, and after receipt of the information
from the school district required by §9.1054(c)(2) of this title,
the comptroller shall determine whether the property meets the requirements
of Tax Code, §313.024 for eligibility for a limitation on appraised
value pursuant to the provisions of Tax Code, Chapter 313, Subchapter
B or C, whichever is applicable.
(1) If the comptroller determines that the property
is not eligible for a limitation on appraised value, the comptroller
shall:
(A) notify the governing body of the school district
and applicant of the comptroller's determination; and
(B) discontinue consideration of the application.
(2) If an applicant disagrees with a denial of eligibility
for limitation of appraised value under Tax Code, §313.024, applicant
may appeal the eligibility determination pursuant to the procedures
set forth in Tax Code, Chapter 313 and in §9.1056 of this title
(relating to Eligibility Determination Appeal). If an appeal under §9.1056
of this title, results in a determination that the project is eligible,
the comptroller shall re-commence review of the application.
(d) Action on an eligible completed application. After
determining that property identified in an application is eligible
for limitation for appraised value and upon receiving a request from
the school district to prepare an economic impact analysis, the comptroller
shall:
(1) review any information available to the comptroller
including:
(A) the application;
(B) public documents or statements by the applicant
concerning business operations or site location issues or in which
the applicant is a subject;
(C) statements by officials of the applicant, public
documents or statements by governmental or industry officials concerning
business operations or site location issues;
(D) existing investment and operations at or near the
site or in the state that may impact the proposed project;
(E) announced real estate transactions, utility records,
permit requests, industry publications or other sources that may provide
information helpful in making the determination; and
(F) market information, raw materials or other production
inputs, availability, existing facility locations, committed incentives,
infrastructure issues, utility issues, location of buyers, nature
of market, supply chains, other known sites under consideration, or
any other information;
(2) prepare an economic impact analysis on the investment
proposed by the application as required by Tax Code, §313.025
which may include:
(A) estimates of the maintenance and operations taxes
for the 25 year period after the beginning of the limitation period;
(B) estimated tax revenue to the state generated by
expenditures by the project, including wages, construction and operational
expenditures, or other expenditures; and
(C) tax impacts, positive or negative, to the state
based on indirect effects of the project, as estimated by the agency
and using publicly available economic modeling systems;
(3) make the following determinations whether:
(A) it is reasonable to conclude from all the information
available that the application is true and correct;
(B) the applicant is eligible for the limitation on
the appraised value of the applicant's qualified property;
Cont'd... |
