| (a) Application fee. Prior to accepting an application
for an agreement for limitation on appraised value pursuant to Tax
Code, Chapter 313, Subchapter B, the governing body of a school district
by official action shall establish a reasonable nonrefundable application
fee to be paid by an applicant who applies to the school district
for a limitation on the appraised value of applicant's property under
such subchapter. The amount of the fee shall not exceed the estimated
cost to the district of processing and acting on an application. The
total fee shall be paid at time the application is submitted to the
school district. Any fees not accompanying the original application
shall be considered supplemental payments.
(b) Initial review. If a school district receives a
completed application, amended application, or supplemental application
for property tax limitation within its boundaries, the school district
shall submit to the comptroller, not later than 7 days after receiving
it, a copy of the following documents:
(1) the application;
(2) an economic analysis, if any;
(3) application amendment;
(4) application supplement; and
(5) proof of payment of the total filing fee required
by the school district.
(c) Acting on a completed application. If the governing
body of the school district by official action elects to consider
an application and determines that the application received is a completed
application, the school district shall:
(1) provide written notice to the applicant and to
the comptroller, with a copy to the appraisal district, that the school
district has received and will be considering a completed application.
The notice shall include:
(A) the date on which the application was received;
(B) the date on which the governing body elected to
consider the application; and
(C) the date on which the school district determined
that applicant has submitted a completed application;
(2) at the time the school district provides notice
of a completed application, deliver to the comptroller:
(A) a copy of the completed application including all
material required by §9.1053(a) and, if applicable (b), of this
title (relating to Entity Requesting Agreement to Limit Appraised
Value); and
(B) a request to the comptroller to provide an economic
impact evaluation;
(3) if the school district maintains a generally accessible
Internet web site, provide a clear and conspicuous link on its web
site to the Internet web site maintained by the comptroller where
substantive documents for the value limitation application for such
school district are posted;
(4) on request of the comptroller, provide such written
documents containing information requested by the comptroller as necessary
for the consideration of a limitation on appraised value pursuant
to Tax Code, Chapter 313 within 20 days of the date of the request;
and
(5) not later than 151 days after the application review
start date, present to the governing body of the school district for
its consideration:
(A) the completed application that has been submitted
by applicant;
(B) the economic impact analysis submitted by the comptroller;
(C) the comptroller certificate for a limitation or
written explanation for not issuing a certificate; and
(D) a limitation agreement that includes all stipulations,
provisions, terms, and conditions required by subsection (g) of this
section that is acceptable to the applicant.
(d) Extending time period for action. The governing
body of the school district may extend the time period to approve
a completed application required by subsection (c)(5) of this section
only if:
(1) either:
(A) an economic impact analysis has not been submitted
to the school district by the comptroller; or
(B) by agreement with applicant; and
(2) notice of the extension is provided to the comptroller
within 7 days of the decision to provide the extension.
(e) Application changes after the notice of completed
application. If a school district receives an amended application
or a supplemental application from an applicant after the school district
has prepared or sent written notice that the applicant has submitted
a completed application, the school district shall either:
(1) reject the amended application, supplemental application,
or application, in whole or in part, and discontinue consideration
of any submission by applicant;
(2) with the written concurrence of the comptroller,
consider the completed application, as amended or supplemented, before
the 151st day from the application review start date; or
(3) review the documents submitted by applicant, issue
an amended written notice of a completed application, and present
the amended application to the governing body of the school district
in the manner and time period authorized by subsection (c)(5) of this
section.
(f) Application with comptroller certificate for a
limitation. When presented a completed application pursuant to subsection
(c)(5) of this section for which the comptroller has submitted a comptroller
certificate for a limitation, the governing body of the school district
shall either:
(1) by majority vote adopt a written resolution approving
the application which shall include:
(A) written findings:
(i) as to each criterion listed in §9.1055(d)(3)(B)
- (D) of this title (relating to Comptroller Application Review and
Agreement to Limit Appraised Value);
(ii) as to the criteria required by Tax Code, §313.025(f-1)
if applicable;
(iii) that the information in the application is true
and correct; and
(iv) that applicant is eligible for the limitation
on the appraised value of the entity's qualified property;
(B) a determination that granting the application is
in the best interest of the school district and this state; and
(C) designate and direct a representative of the governing
body of the school district to execute the agreement for property
tax limitation presented by the approved applicant that complies with
this subchapter and Tax Code, Chapter 313;
(2) by majority vote disapprove the application; or
(3) take no official action and the application shall
be considered disapproved on the 151st day after the application review
start date.
(g) Agreement for limitation on appraised value. Pursuant
to the provisions of Tax Code, Chapter 313 and this subchapter, in
order to implement a limitation on the appraised value for school
district maintenance and operation tax purposes on the approved applicant's
qualified property that has been approved by the governing body of
the school district, at the time of the approval of the application,
the authorized representative of the school district and the approved
applicant shall execute a Texas Economic Development Act Agreement,
as specified in §9.1052(a)(6) of this title.
(h) Limitation agreement with deferred qualifying time
period. If an agreement for limitation on appraised value includes
a provision in which the qualifying time period starts more than one
year after the date that the application is approved, no earlier than
180 days and no later than 90 days prior to the start of the deferred
qualifying time period, the school district shall:
(1) provide the comptroller:
(A) copies of any documents or other information received
from the applicant; and
(B) after reviewing documents and information provided
by the applicant, either:
(i) a written acknowledgment of receiving the application
amendment or supplement; or
(ii) a statement that no such amendment or supplement
has been submitted; and
(2) if the comptroller provides:
(A) a comptroller certificate for a limitation with
conditions different from the existing agreement, the governing body
shall hold a meeting and determine whether to amend the agreement
to include the conditions required by the comptroller or terminate
the agreement; or
(B) a written explanation of the comptroller's decision
not to re-issue a certificate, the school district shall terminate
the agreement.
(i) Compliance and enforcement.
(1) The school district shall provide to the comptroller:
(A) any documents that reasonably appear to be substantive
documents as defined in this subchapter; and
Cont'd... |
