Texas Government Code Title 10, Chapter 2303 - Enterprise Zones

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 2303.001 - Short Title
  This chapter may be cited as the Texas Enterprise Zone Act. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
• Texas Section 2303.002 - Purposes
  The purposes of this chapter are to establish a process that clearly identifies severely distressed areas of the state and provides incentives by state and...
• Texas Section 2303.003 - Definitions
  In this chapter: (1) "Bank" means the Texas Economic Development Bank established under Chapter 489. (1-a) "Block group" has the meaning assigned by the Bureau...

SUBCHAPTER B DEPARTMENT POWERS AND DUTIES RELATING TO ZONES

• Texas Section 2303.004 - Jurisdiction Of Municipality
  (a) For the purposes of this chapter, territory in the municipal boundaries and in the extraterritorial jurisdiction of a municipality is considered to be in...
• Texas Section 2303.051 - General Powers And Duties
  (a) The bank shall administer and monitor the implementation of this chapter. (a-1) The bank shall compile data identifying the block groups in this state...
• Texas Section 2303.052 - Bank Report Regarding Program
  The bank must include the following information regarding the enterprise zone program in the report required by Section 489.107: (1) an evaluation of the effectiveness...
• Texas Section 2303.053 - Assistance
  (a) The bank shall assist: (1) a qualified business in obtaining the benefits of any incentive or inducement program provided by law; (2) a unit...

SUBCHAPTER C DESIGNATION OF ENTERPRISE ZONE

• Texas Section 2303.054 - Coordination With Other Governmental Entities
  (a) In cooperation with the appropriate units of local government and other state agencies, the bank shall coordinate and streamline state business assistance programs and...
• Texas Section 2303.101 - Qualification For Enterprise Zone Designation
  An area automatically qualifies for designation as an enterprise zone if the area is: (1) a block group, as defined by the most recent federal...

SUBCHAPTER D ADMINISTRATION

• Texas Section 2303.109 - Period Of Designation
  (a) An enterprise zone designation remains in effect indefinitely so long as the area continues to qualify for designation as an enterprise zone under this...
• Texas Section 2303.201 - Administration By Governing Body
  (a) The governing body of an enterprise zone is the governing body of the municipality or county with jurisdiction over the area designated as an...
• Texas Section 2303.204 - Liaison
  A nominating body shall designate a liaison to oversee enterprise projects it has nominated under this chapter and to communicate and negotiate with: (1) the...

SUBCHAPTER F QUALIFIED BUSINESSES AND ENTERPRISE PROJECTS

• Texas Section 2303.205 - Annual Report
  (a) Not later than October 1 of each year, the nominating body of a project or activity designated as an enterprise project shall submit to...
• Texas Section 2303.401 - Definitions
  In this subchapter: (1) "New permanent job" means a new employment position that: (A) is created by a qualified business as described by Section 2303.402...
• Texas Section 2303.402 - Qualified Business
  (a) A person is a qualified business if the bank, for the purpose of state benefits under this chapter, or the nominating body of a...
• Texas Section 2303.403 - Prohibition On Qualified Business Certification; Limit On Enterprise Project Designations
  If the bank determines that the governing body eligible to nominate an enterprise project is not complying with this chapter, the bank shall prohibit the...
• Texas Section 2303.404 - Request For Application For Enterprise Project Designation
  (a) A qualified business may request that the governing body of a municipality or county in which the qualified business is located apply to the...
• Texas Section 2303.405 - Application For Enterprise Project Designation
  (a) If the governing body approves a request made under Section 2303.404, the governing body may apply to the bank for the designation of the...
• Texas Section 2303.4051 - Ordinance Or Order For Identification Of Local Incentives
  (a) In this section, "local incentive" means each tax incentive, grant, other financial incentive or benefit, or program to be provided by the governing body...
• Texas Section 2303.4052 - Required Information From Nominating Body
  Before nominating the project or activity of a qualified business for designation as an enterprise project, the nominating body must submit to the bank: (1)...
• Texas Section 2303.406 - Enterprise Project Designation
  (a) The bank may designate a project or activity of a business as an enterprise project only if the bank receives all of the information...
• Texas Section 2303.407 - Allocation Of Jobs Eligible For Tax Refund
  (a) The bank shall allocate to an enterprise project the maximum number of new permanent jobs or retained jobs eligible based on the amount of...
• Texas Section 2303.4071 - Maximum Tax Refund
  (a) In this section: (1) "Double jumbo enterprise project" and "triple jumbo enterprise project" have the meanings assigned by Section 2303.407. (2) "Half enterprise project"...
• Texas Section 2303.4072 - Enterprise Project Claim For State Benefit
  A person must make a claim to the comptroller for a state benefit as prescribed under this chapter and Chapter 151, Tax Code, not later...

SUBCHAPTER G ENTERPRISE ZONE BENEFITS

• Texas Section 2303.408 - Duration Of Certain Designations
  The bank's designation of the project or activity of a qualified business as an enterprise project is effective until the period approved by the bank...
• Texas Section 2303.501 - Exemptions From State Regulation; Suspension Of Local Regulation
  (a) A state agency may exempt from its regulation a qualified business, qualified employee, or qualified property in an enterprise zone if the exemption is...
• Texas Section 2303.502 - Review Of State Agency Rules; Report
  (a) A state agency rule adopted after September 1, 1987, may provide, when applicable, encouragements and incentives to increase: (1) the renovation, improvement, or new...
• Texas Section 2303.503 - State Preferences
  (a) A state agency shall give preference to the governing body of an enterprise zone or a qualified business or qualified employee located in an...
• Texas Section 2303.504 - State Tax Refunds; Report
  (a) Subject to Section 2303.516, an enterprise project is entitled to a refund of state taxes under Section 151.429, Tax Code. (b) At the time...
• Texas Section 2303.505 - Local Sales And Use Tax Refunds
  (a) To encourage the development of areas designated as enterprise zones, the governing body of a municipality through a program may refund its local sales...
• Texas Section 2303.5055 - Refund, Rebate, Or Payment Of Tax Proceeds To Qualified Hotel Project
  (a) For a period that may not exceed 10 years, a governmental body, including a municipality, county, or political subdivision, may agree to rebate, refund,...
• Texas Section 2303.506 - Reduction Or Elimination Of Local Fees Or Taxes
  (a) To promote the public health, safety, or welfare, the governing body of a municipality or county through a program may reduce or eliminate fees...
• Texas Section 2303.507 - Tax Increment Financing And Abatement; Limitations On Appraised Value
  Designation of an area as an enterprise zone is also designation of the area as a reinvestment zone for: (1) tax increment financing under Chapter...
• Texas Section 2303.509 - Development Bonds
  To finance a project in an enterprise zone, bonds may be issued under: (1) Chapter 1433; or (2) the Development Corporation Act (Subtitle C1, Title...
• Texas Section 2303.510 - Industrial Development Corporation
  (a) The governing body of a municipality that is the governing body of an enterprise zone may create, in accordance with the Development Corporation Act...
• Texas Section 2303.511 - Other Local Incentives
  (a) The governing body of a municipality or county that is the governing body of an enterprise zone may: (1) defer compliance in the zone...
• Texas Section 2303.513 - Disposition Of Public Property In Enterprise Zone
  (a) After an area is designated as an enterprise zone, the state, a municipality, or a county that owns a surplus building or vacant land...
• Texas Section 2303.514 - Waiver Of Performance Bond
  A subcontractor is not required to execute a performance bond under Chapter 2253 if: (1) the construction, alteration, repair, or other public work to be...
• Texas Section 2303.515 - Liability Of Contractor Or Architect
  A contractor or architect who constructs or rehabilitates a building in an enterprise zone is liable for any structural defect in the building only for...
• Texas Section 2303.516 - Monitoring Qualified Business Or Enterprise Project Commitments
  (a) The comptroller may monitor a qualified business or enterprise project to determine whether and to what extent the business or project has followed through...
• Texas Section 2303.517 - Report
  (a) Before obtaining a state benefit, the qualified business must submit to the comptroller a certified report of the actual number of jobs created or...

Last modified: September 28, 2016