A person seeking a school-district tax limitation for an eligible project must file an application with the comptroller and use the comptroller’s form.
Sec. 403.607. APPLICATION. (a) A person who proposes to construct an eligible project in a school district for which the person seeks a limitation on the taxable value for maintenance and operations ad valorem tax purposes of the district of the eligible property used as part of the proposed project must submit an application to the comptroller. (b) A person submitting an application under Subsection (a) must use the form prescribed by the comptroller. The form must contain the following information: (1) the applicant's name, address, and Texas taxpayer identification number and the contact information for the applicant's authorized representative; (2) the applicant's form of business and, if applicable, the name, address, and Texas taxpayer identification number of the applicant's parent entity; (3) the applicable school district's name and address and the contact information for the district's authorized representative; (4) the legal description of the property on which the project is proposed to be located and, if applicable, the address of the proposed project; (5) each county in which the project is proposed to be located and the population of each of those counties; (6) the applicable number of required jobs prescribed by Section 403.604 for the proposed project; (7) a list of each taxing unit in which the project is proposed to be located; (8) a brief description of the proposed project; (9) any grant or loan of public money or other tax incentive, if applicable, that the applicant is receiving or expects to receive for the project; (10) a brief description of the eligible property to be used as part of the proposed project; (11) a projected timeline for construction and completion of the proposed project, including the projected dates on which construction will begin, construction will be completed, and commercial operations will start; (12) the proposed incentive period; (13) the name and location of the existing or proposed reinvestment zone or enterprise zone in which the proposed project will be located; (14) whether the project is proposed to be located in a qualified opportunity zone; (15) a statement indicating whether the applicant considered locating the proposed project in a qualified opportunity zone; (16) a brief summary of the projected economic benefits of the proposed project; and (17) the applicant's signature and certification of the accuracy of the information included in the application. (c) The form prescribed by Subsection (b) must allow the applicant to segregate confidential information described by Section 403.621(a) from other information in the application. (d) An applicant must include with an application the following: (1) an application fee payable to the comptroller in an amount determined by the comptroller not to exceed an amount sufficient to cover the costs associated with the comptroller's evaluation of the application; (2) an application fee payable to the school district in an amount determined by the comptroller not to exceed $30,000 to cover the costs associated with the district's evaluation of the application, including the cost of processing the application, retaining professional services, and, if applicable, creating a reinvestment zone or enterprise zone; (3) a map showing the site of the proposed project; (4) the economic benefit statement prepared under Section 403.608 in connection with the proposed project; and (5) a sworn affidavit stating that the applicant is not ineligible under Section 403.606 to submit the application. (e) The comptroller may request that an applicant provide any additional information the comptroller reasonably determines is necessary to complete the comptroller's evaluation of the application. The comptroller may require an applicant to submit the additional information by a certain date and may extend that deadline on a showing of good cause. The comptroller is not required to take any further action on an application until it is complete. (f) The comptroller shall notify an applicant and the applicable school district when the applicant's application is administratively complete. Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.