reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter R. Statewide Opioid Settlement Agreement › Section 403.508. Council Allocation of Money

Sec. 403.508.  COUNCIL ALLOCATION OF MONEY.  (a)  Of the money allocated to the council under Section 403.506(c)(2), the council shall allocate:
(1)  one percent to the comptroller for the administration of the council and this subchapter;
(2)  15 percent to hospital districts; and
(3)  the remaining money based on the opioid abatement strategy developed by the council under Section 403.509.
(b)  The comptroller may spend money from the fund for purposes of Subsection (a)(1).  If the comptroller determines that the allocation under that subdivision exceeds the amount that is reasonable and necessary for the comptroller to administer the council and this subchapter, the comptroller may reallocate the excess money in accordance with Subsection (a)(3).
Added by Acts 2021, 87th Leg., R.S., Ch. 781 (S.B. 1827), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter R. Statewide Opioid Settlement Agreement › Section 403.509. Council Powers and Duties and Council-Approved Opioid Abatement Strategy

Sec. 403.509.  COUNCIL POWERS AND DUTIES AND COUNCIL-APPROVED OPIOID ABATEMENT STRATEGY.  (a)  The council shall:
(1)  determine and approve one or more evidence-based opioid abatement strategies that include:
(A)  an annual regional allocation methodology to distribute 75 percent of money distributed under Section 403.508(a)(3) based on population health information and prevalence of opioid incidences as provided by law; and
(B)  an annual targeted allocation to distribute 25 percent of money distributed under Section 403.508(a)(3) for targeted interventions as identified by opioid incidence information;
(2)  wholly or partly reallocate the targeted money between regions if a region for which targeted money is allocated is unable to use all of the targeted money;
(3)  develop an application and award process for funding;
(4)  review grant funding applications and provide grant awards and funding allocations;
(5)  monitor grant agreements authorized by this subchapter and require each grant recipient to comply with the terms of the grant agreement or reimburse the grant to the council; and
(6)  determine the percentage of money that may be used for development of education and outreach programs to provide materials on the consequences of opioid drug use and prevention and intervention, including online resources and toolkits.
(b)  The council may reallocate money between regions based on the funding needs of all regions if money allocated to a region lapses or is not used in the year that the money is allocated for use in the region.
(c)  To approve any decision or strategy, at least four of the members appointed under Section 403.503(b)(1) and four of the members appointed under Sections 403.503(b)(2)-(5) must approve the decision or strategy.
Added by Acts 2021, 87th Leg., R.S., Ch. 781 (S.B. 1827), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter R. Statewide Opioid Settlement Agreement › Section 403.510. Report

Sec. 403.510.  REPORT.  Not later than October 1 of each year, the council shall submit a written report to the legislature detailing all expenditures made by the council during the preceding state fiscal year.
Added by Acts 2021, 87th Leg., R.S., Ch. 781 (S.B. 1827), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter R. Statewide Opioid Settlement Agreement › Section 403.511. Rulemaking

Sec. 403.511.  RULEMAKING.  The council may adopt rules to implement this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 781 (S.B. 1827), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter S. Infrastructure and Broadband Funding › Section 403.551. Definitions

Sec. 403.551.  DEFINITIONS.  In this subchapter:
(1)  "Pole replacement fund" means the broadband pole replacement fund established under Section 403.552.
(2)  "Pole replacement program" means the Texas Broadband Pole Replacement Program established under Section 403.553.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 1, eff. September 1, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(15), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(6), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter S. Infrastructure and Broadband Funding › Section 403.552. Broadband Pole Replacement Fund

Sec. 403.552.  BROADBAND POLE REPLACEMENT FUND.  (a)  The broadband pole replacement fund is created as a fund in the state treasury outside the general revenue fund.
(b)  Notwithstanding any other law and except as provided by federal law, the comptroller shall make a one-time transfer from money received by this state from the federal government from the Coronavirus Capital Projects Fund established under Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) to the credit of the pole replacement fund. The comptroller shall make the transfer described by this subsection as soon as practicable following receipt by this state of money from the Coronavirus Capital Projects Fund.
(b-1)  In addition to the money transferred under Subsection (b), the comptroller may transfer to the credit of the pole replacement fund an available amount from the broadband infrastructure fund established under Section 49-d-16, Article III, Texas Constitution.
(c)  Money deposited to the credit of the pole replacement fund may be used only for the purpose of supporting the pole replacement program under Section 403.553, including the costs of program administration and operation. Money in the pole replacement fund must be used in a manner consistent with federal law.
(d)  Interest earned on money deposited to the credit of the pole replacement fund is exempt from Section 404.071. Interest earned on money in the fund shall be retained in the pole replacement fund.
(e)  The comptroller may issue guidelines for state agencies regarding the implementation of this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 379 (H.B. 9), Sec. 2, eff. January 1, 2024.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(15), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(7), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.601. Purposes

Sec. 403.601.  PURPOSES.  The purposes of this subchapter are to:
(1)  create new, high-paying permanent jobs and construction jobs in this state;
(2)  encourage financially positive economic development in this state;
(3)  provide a temporary competitive economic incentive for attracting certain large-scale economic development projects to this state that, in the absence of this subchapter, would likely locate in another state or nation;
(4)  encourage energy and water infrastructure development, including new and expanded dispatchable electric generation facilities;
(5)  make this state a national and international leader in new and innovative technologies;
(6)  encourage the establishment of certain advanced manufacturing industry sectors critical to national defense and health care;
(7)  create new wealth, raise personal income, and foster long-term expansion of state and local tax bases;
(8)  provide growing and sustainable economic opportunity for the residents of this state; and
(9)  incentivize the preceding objectives in a balanced, transparent, and accountable manner.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.603. Expiration

Sec. 403.603.  EXPIRATION.  This subchapter expires December 31, 2033.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.605. Taxable Value of Eligible Property

Sec. 403.605.  TAXABLE VALUE OF ELIGIBLE PROPERTY.  (a)  The taxable value for school district maintenance and operations ad valorem tax purposes of eligible property subject to an agreement for each tax year of the incentive period prescribed by the agreement is equal to:
(1)  50 percent of the market value of the property for that tax year; or
(2)  if the property is located in a qualified opportunity zone, 25 percent of the market value of the property for that tax year.
(b)  The taxable value of eligible property for school district maintenance and operations ad valorem tax purposes is zero for each tax year beginning with the tax year following the year in which the agreement pertaining to the property is entered into and ending December 31 of the tax year that includes the construction completion date for the applicable eligible project.
(c)  The chief appraiser for the appraisal district in which eligible property is located shall determine the market value and appraised value of the property and include the market value, appraised value, and taxable value of the property as determined under this section in the appraisal records for the appraisal district.
(d)  The chief appraiser for the appraisal district in which eligible property subject to an agreement is located may not use an estimated value included in the application to which the agreement pertains to determine the market value of the property.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.606. Certain Persons Ineligible

Sec. 403.606.  CERTAIN PERSONS INELIGIBLE.  A person is not eligible to submit an application to the comptroller or enter into an agreement under this subchapter if the person is a company that is listed as ineligible to receive a state contract or investment under Chapter 808, 809, 2270, 2271, or 2274, as added by Chapters 529 (S.B. 13), 530 (S.B. 19), and 975 (S.B. 2116), Acts of the 87th Legislature, Regular Session, 2021.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.608. Economic Benefit Statement

Sec. 403.608.  ECONOMIC BENEFIT STATEMENT.  (a)  An applicant shall submit an economic benefit statement with the applicant's application.
(b)  An economic benefit statement must include the following information for each year of the period that begins on the date the applicant projects construction of the proposed project that is the subject of the application will begin and ends on the 25th anniversary of the date the incentive period ends:
(1)  an estimate of the number of total jobs that will be created by the project;
(2)  an estimate of the total amount of capital investment that will be created by the project;
(3)  an estimate of the increase in appraised value of property that will be attributable to the project;
(4)  an estimate of the amount of ad valorem taxes that will be imposed by each taxing unit, including the applicable school district, on the property used as part of the project;
(5)  an estimate of the amount of state taxes that will be paid in connection with the project; and
(6)  an estimate of the associated economic benefits that may reasonably be attributed to the project, including:
(A)  the impact on the gross revenues and employment levels of local businesses that provide goods or services in connection with the project or to the applicant's employees;
(B)  the amount of state and local taxes that will be generated as a result of the indirect economic impact of the project, including all ad valorem taxes not otherwise estimated in Subdivision (4) that will be imposed on property placed into service as a result of the project;
(C)  the development of complementary businesses or industries that locate in this state as a direct consequence of the project;
(D)  the total impact of the project on the gross domestic product of this state;
(E)  the total impact of the project on personal income in this state; and
(F)  the total impact of the project on state and local taxes.
(c)  An applicant may use standard economic estimation techniques, including economic multipliers, to create an economic benefit statement.  An applicant must base each estimate required by Subsection (b) on reasonable projections of the economic and labor conditions of this state for the period for which the estimate is made.
(d)  The comptroller shall establish criteria for the methodology to be used by an applicant to create an economic benefit statement.
(e)  The comptroller may require an applicant to supplement or modify an economic benefit statement to ensure the accuracy of the estimates required to be included in the statement under Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.609. Comptroller Action on Application

Sec. 403.609.  COMPTROLLER ACTION ON APPLICATION.  (a)  The comptroller shall determine whether to recommend or not recommend for approval an application submitted to the comptroller under Section 403.607.  The comptroller shall recommend an application for approval if the comptroller makes the findings prescribed by Subsection (b).  The comptroller may not recommend an application for approval if the comptroller is unable to make the findings prescribed by that subsection.
(b)  The comptroller may not recommend an application for approval unless the comptroller finds that:
(1)  the proposed project that is the subject of the application is an eligible project;
(2)  the proposed project is reasonably likely to generate, before the 20th anniversary of the first day of the construction period, state or local tax revenue, including ad valorem tax revenue attributable to the effect of the project on the economy of this state, in an amount sufficient to offset the school district maintenance and operations ad valorem tax revenue lost as a result of the agreement;
(3)  the agreement is a compelling factor in a competitive site selection determination and that, in the absence of the agreement, the applicant would not make the proposed investment in this state; and
(4)  if the application indicates that the eligible project is proposed to be located in a qualified opportunity zone, the project is located in the zone.
(c)  In making the finding required by Subsection (b)(3), the comptroller shall consider factors related to the selection of the proposed site for the project, including the workforce, the regulatory environment, infrastructure, transportation, market conditions, investment alternatives, and any specific incentive information provided by the applicant related to other potential sites.
(d)  Not later than the 60th day after the date the comptroller determines that an application is complete, the comptroller shall take the action required by Subsection (a) regarding the application and provide written notice of the action to the governor, the school district in which the project is proposed to be located, and the applicant.
(e)  The comptroller shall send to the governor and the applicable school district with the notice required by Subsection (d) regarding an application recommended by the comptroller under Subsection (a) a copy of the application and each document and item of information the comptroller relied on to recommend the application.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.610. Governor Action on Application

Sec. 403.610.  GOVERNOR ACTION ON APPLICATION.  (a)  The governor shall, not later than the 30th day after the date the governor receives an application sent to the governor by the comptroller under Section 403.609, consider the application and by official action determine whether the governor is agreeable to entering into the agreement that is the subject of the application.
(b)  The governor shall provide written notice of the governor's determination under Subsection (a) to the comptroller, the applicable school district, the oversight committee, and the applicant not later than the seventh day after the date the governor makes the determination under that subsection.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.611. School District Action on Application

Sec. 403.611.  SCHOOL DISTRICT ACTION ON APPLICATION.  (a)  The governing body of a school district shall, not later than the 30th day after the date the district receives an application sent to the district by the comptroller under Section 403.609, consider the application and by official action determine whether the district is agreeable to entering into the agreement that is the subject of the application.
(b)  The governing body of the school district shall hold a public hearing on the application during the period described by Subsection (a).
(c)  The governing body of the school district must provide notice of the public hearing in the manner required by Chapter 551, except that the district must provide the notice not later than the 15th day before the date of the hearing.  The notice must contain:
(1)  the name of the applicant;
(2)  the name and location of the existing or proposed reinvestment zone or enterprise zone in which the eligible project that is the subject of the application is proposed to be located;
(3)  a general description of the proposed eligible project; and
(4)  the projected investment the applicant will make in the project.
(d)  The governing body of the school district shall provide written notice of the district's determination under Subsection (a) to the comptroller, the governor, and the applicant.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.613. Incentive Period

Sec. 403.613.  INCENTIVE PERIOD.  (a)  An incentive period pertaining to an eligible project is a period of 10 consecutive tax years specified in the agreement pertaining to the project.
(b)  An incentive period may not begin:
(1)  earlier than January 1 of the first tax year following the construction completion date; or
(2)  later than January 1 of the first tax year following the 10th anniversary of the date the agreement is entered into.
(c)  Subject to Subsection (b), the beginning date of an incentive period specified in an agreement pertaining to an eligible project may be deferred if the applicant projects that the applicant will not satisfy the minimum investment requirement applicable to the project by the end of the first tax year of the incentive period.  The incentive period may be deferred until January 1 of the second tax year following the construction completion date.  The deferral of an incentive period under this subsection does not affect the date on which the incentive period ends as prescribed by the agreement.  An applicant that is a party to an agreement for which the beginning date of the incentive period is deferred as authorized by this subsection must provide notice of the deferral to the comptroller.  The notice must include the reason for the deferral.
(d)  Subject to Subsection (b), an applicant may propose to modify the beginning and ending dates of the incentive period as provided by this subsection.  The applicant shall provide notice of the proposed modification to the comptroller, the governor, and the school district not later than the 90th day before the first day of the incentive period specified in Section 403.612(b)(3) or as proposed to be modified, whichever is earlier.  The applicant shall revise the most recent economic benefit statement as necessary to reflect the proposed change to the incentive period.  The applicant must include the revised economic benefit statement with the notice provided to the comptroller, the governor, and the district under this subsection.  The comptroller shall make the finding required by Section 403.609(b)(2) regarding the project as proposed to be modified or determine that the finding cannot be made.  The comptroller shall notify the governor, the district, and the applicant of the comptroller's finding or determination not later than the 60th day after the date the comptroller receives notice from the applicant of the proposed modification.  The incentive period for the project may not be modified if the comptroller determines that the finding required by Section 403.609(b)(2) regarding the project as proposed to be modified cannot be made or if the governor or the district objects to the proposed modification.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.615. Audit of Agreements by State Auditor

Sec. 403.615.  AUDIT OF AGREEMENTS BY STATE AUDITOR.  (a) Each year the state auditor shall select and review at least 10 percent of the agreements in effect in that year to determine whether:
(1)  each agreement accomplishes the purposes of this subchapter as expressed in Section 403.601; and
(2)  the terms of each agreement were executed in compliance with the terms of this subchapter.
(b)  In determining which agreements to review under Subsection (a), the state auditor may consider any risk of noncompliance identified in the biennial compliance report regarding an agreement submitted to the comptroller under Section 403.616.
(c)  As part of the review, the state auditor shall make recommendations relating to increasing the efficiency and effectiveness of the administration of this subchapter.  The state auditor shall submit the recommendations to the governor, comptroller, lieutenant governor, speaker of the house of representatives, and oversight committee not later than December 15 of each year.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.617. Biennial Report to Legislature

Sec. 403.617.  BIENNIAL REPORT TO LEGISLATURE.  (a)  The comptroller shall submit to the lieutenant governor, the speaker of the house of representatives, and each other member of the legislature a report on the agreements entered into under this subchapter.  The comptroller must submit the report not later than December 1 of each even-numbered year.
(b)  The report must include:
(1)  an assessment of the following with regard to the agreements entered into under this subchapter, considered in the aggregate:
(A)  the total number of jobs created in this state;
(B)  the total effect on personal income in this state;
(C)  the total amount of investment in this state;
(D)  the total taxable value of property on the tax rolls in this state resulting from the agreements, including property subject to an agreement that has expired;
(E)  the total value of property subject to agreements that have not expired; and
(F)  the total fiscal effect resulting from the agreements on this state and on local governments in this state; and
(2)  an assessment of each agreement entered into under this subchapter that states for each agreement:
(A)  the number of required jobs prescribed by the agreement;
(B)  the number of jobs actually created under the agreement, including:
(i)  each job described by Section 403.604(c)(1)(A);
(ii)  each job described by Section 403.604(c)(1)(B); and
(iii)  any additional jobs created or maintained in connection with the project that is the subject of the agreement, if reported by the applicant;
(C)  the number of total jobs created under the agreement, if the term of the agreement has expired;
(D)  the amount of the investment specified by the agreement;
(E)  the amount of the actual investment made for the applicable project before the expiration of the agreement;
(F)  the difference between the amount of ad valorem taxes that would have been imposed on the property composing the applicable project in the absence of the agreement and the amount of ad valorem taxes actually imposed on that property during the term of the agreement; and
(G)  the total amount of state and local tax revenue attributable to the applicable project during the term of the agreement.
(c)  The comptroller may not include in the report information that is confidential under law.
(d)  The comptroller may use standard economic estimation techniques, including economic multipliers, to prepare the portion of the report described by Subsection (b)(1).
(e)  The comptroller may require an applicant to submit information required to complete the report on a form prescribed by the comptroller.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.618. Jobs, Energy, Technology, and Innovation Act Oversight Committee; Report

Sec. 403.618.  JOBS, ENERGY, TECHNOLOGY, AND INNOVATION ACT OVERSIGHT COMMITTEE; REPORT.  (a)  The Jobs, Energy, Technology, and Innovation Act Oversight Committee is composed of the following seven members:
(1)  three members of the house of representatives appointed by the speaker of the house of representatives;
(2)  three members of the senate appointed by the lieutenant governor; and
(3)  one member who serves as the chair of the committee and who:
(A)  is a member of the house of representatives appointed by the speaker of the house of representatives who serves only in odd-numbered years; and
(B)  is a member of the senate appointed by the lieutenant governor who serves only in even-numbered years.
(b)  At least one member appointed by the speaker of the house of representatives and at least one member appointed by the lieutenant governor under Subsection (a) must represent a district that includes a county with a population of 100,000 or less.
(c)  If a vacancy occurs in the membership of the oversight committee, the appropriate appointing authority shall appoint a person to fill the vacancy.
(d)  A member of the oversight committee serves at the pleasure of the appropriate appointing authority.
(e)  The oversight committee may recommend in a written report to the legislature those types of projects that the committee determines by majority vote should be statutorily added to or removed from the definition of "eligible project" provided by Section 403.602.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.619. Conflict of Interest

Sec. 403.619.  CONFLICT OF INTEREST.  A person may not, directly or indirectly, represent, advise, or provide a service to both an applicant and a school district in connection with the same application submitted or agreement entered into under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.620. Certain Benefits Related to Agreements Prohibited; Attorney General Enforcement

Sec. 403.620.  CERTAIN BENEFITS RELATED TO AGREEMENTS PROHIBITED; ATTORNEY GENERAL ENFORCEMENT.  (a)  An employee or representative of a school district, a member of the governing body of the district, or any other person may not intentionally or knowingly solicit, accept, agree to accept, or require any payment of money or transfer of property or other thing of value, directly or indirectly, to the district, an employee or representative of the district, a member of the governing body of the district, or any other person in recognition of, anticipation of, or consideration for approval of an agreement unless authorized by this subchapter.
(b)  An applicant, an employee or representative of the applicant, or any other person may not intentionally or knowingly offer, confer, agree to confer, or make a payment of money or transfer of property or other thing of value, directly or indirectly, to the governor or the school district, an employee or representative of the governor or the district, a member of the governing body of the district, or any other person in recognition of, anticipation of, or consideration for approval of an agreement unless authorized by this subchapter.
(c)  If the attorney general receives a written complaint from a party to an agreement of a violation of this section, the attorney general may bring an action to enforce this section to restrain or enjoin a person from continuing or repeating the violation.  Venue for an action brought under this subsection is in a district court in Travis County.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.621. Confidentiality of Certain Business Information

Sec. 403.621.  CONFIDENTIALITY OF CERTAIN BUSINESS INFORMATION.  (a)  Information provided to the comptroller, the governor, or a school district by an applicant under this subchapter that is a trade secret, as defined by Section 134A.002, Civil Practice and Remedies Code, is confidential and not subject to disclosure under Chapter 552.
(b)  Payroll records reported under Section 403.616(c)(1)(A) or (B) by an applicant to the comptroller are confidential and not subject to disclosure under Chapter 552.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.622. Internet Posting of Information

Sec. 403.622.  INTERNET POSTING OF INFORMATION.  (a)  Subject to Section 403.621, the comptroller shall post on the comptroller's Internet website the following information received by the comptroller:
(1)  each application submitted under this subchapter;
(2)  each map and economic benefit statement required to be submitted with an application under this subchapter;
(3)  each amendment to an application made under this subchapter;
(4)  each agreement entered into under this subchapter; and
(5)  each biennial compliance report submitted as required under this subchapter.
(b)  Except as provided by Subsection (c), the comptroller shall post the information described by Subsection (a) as soon as practicable after the date the comptroller receives the information.
(c)  The comptroller shall post the information described by Subsections (a)(1), (2), and (3) not later than the 10th business day after the date the comptroller receives the information.
(d)  The comptroller shall continue to post the information required by this section until the date the agreement to which the information relates expires.
(e)  The comptroller shall notify the governor and the applicable school district of the comptroller's posting of the information described by Subsection (a)(5) on the comptroller's Internet website.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Jobs, Energy, Technology, and Innovation Act › Section 403.623. Rules and Forms

Sec. 403.623.  RULES AND FORMS.  (a)  The comptroller shall adopt rules necessary to implement and administer this subchapter, including rules for:
(1)  determining whether an applicant meets the jobs and investment requirements prescribed by Section 403.604; and
(2)  authorizing an applicant or school district to submit any form or information required by this subchapter electronically.
(b)  The comptroller shall adopt forms necessary to implement and administer this subchapter, including the forms to be used by an applicant under Sections 403.607 and 403.616.
(c)  The comptroller shall provide without charge one copy of the rules and forms adopted under this section to any person that states that the person intends to submit an application to the comptroller under this subchapter to limit the taxable value of eligible property used as part of an eligible project.
Added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, eff. January 1, 2024.
Subchapter T, consisting of Secs. 403.601 to 403.605, was  added by Acts 2023, 88th Leg., R.S., Ch. 379 (H.B. 9), Sec. 1
For another Subchapter T, consisting of Secs. 403.601 to 403.623, added by Acts 2023, 88th Leg., R.S., Ch. 377 (H.B. 5), Sec. 1, see Sec. 403.601 et seq., post.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Broadband Infrastructure Fund › Section 403.601. Definitions

Sec. 403.601.  DEFINITIONS.  In this subchapter:
(1)  "Broadband Equity, Access, and Deployment Program" means the federal Broadband Equity, Access, and Deployment Program established by the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58).
(2)  "Fund" means the broadband infrastructure fund established under Section 49-d-16, Article III, Texas Constitution.
(3)  "Next generation 9-1-1 service fund" means the fund established under Section 771.0713, Health and Safety Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 379 (H.B. 9), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Broadband Infrastructure Fund › Section 403.602. Legislative Findings; Public Purpose

Sec. 403.602.  LEGISLATIVE FINDINGS; PUBLIC PURPOSE.  The legislature finds that:
(1)  the creation of the fund will meet an imperative public need and serve the economic, educational, and health care needs of this state; and
(2)  the use of the fund is in furtherance of the public purpose of expanding and ensuring access to reliable, high-speed broadband and telecommunications connectivity.
Added by Acts 2023, 88th Leg., R.S., Ch. 379 (H.B. 9), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Broadband Infrastructure Fund › Section 403.603. Broadband Infrastructure Fund

Sec. 403.603.  BROADBAND INFRASTRUCTURE FUND.  (a)  The broadband infrastructure fund is a special fund in the state treasury outside the general revenue fund.  The fund consists of:
(1)  money transferred or deposited to the credit of the fund by the constitution, general law, or the General Appropriations Act;
(2)  revenue that the legislature by general law dedicates for deposit to the credit of the fund;
(3)  investment earnings and interest earned on money in the fund; and
(4)  gifts, grants, and donations to the fund.
(b)  The fund shall be administered by the comptroller who may use money from the fund for any purpose authorized by Subsection (c).
(c)  The fund may be used only for:
(1)  a purpose described by Chapter 490I;
(2)  providing funding for 9-1-1 and next generation 9-1-1 services under Chapter 771, Health and Safety Code;
(3)  supporting the deployment of next generation 9-1-1 service, including its costs of equipment, operations, and administration, as provided by Section 771.0713, Health and Safety Code;
(4)  supporting the Texas Broadband Pole Replacement Program established under Section 403.503, as added by Chapter 659 (H.B. 1505), Acts of the 87th Legislature, Regular Session, 2021;
(5)  providing matching funds for federal money provided for the Broadband Equity, Access, and Deployment Program;
(6)  expanding access to broadband service in economically distressed communities to support increased connectivity needs in those areas; and
(7)  administering and enforcing this subchapter.
(d)  For the purposes of Subsection (c)(5), the comptroller:
(1)  shall consider an applicant's potential contribution toward matching the funds for federal money provided for the Broadband Equity, Access, and Deployment Program; and
(2)  may only provide state matching funds if a state contribution is necessary for the economic feasibility of a proposed project.
Added by Acts 2023, 88th Leg., R.S., Ch. 379 (H.B. 9), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Broadband Infrastructure Fund › Section 403.604. Management and Investment of Fund

Sec. 403.604.  MANAGEMENT AND INVESTMENT OF FUND.  (a)  In this section, "trust company" means the Texas Treasury Safekeeping Trust Company.
(b)  The trust company shall hold and invest the fund, and any accounts established in the fund, for the comptroller, taking into account the purposes for which money in the fund may be used.  The fund may be invested with the state treasury pool and may be pooled with other state assets for purposes of investment.
(c)  The overall objective for the investment of the fund is to maintain sufficient liquidity to meet the needs of the fund while striving to preserve the purchasing power of the fund over a full economic cycle.
(d)  In managing the assets of the fund, the trust company may acquire, exchange, sell, supervise, manage, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment.
(e)  The trust company shall recover the costs incurred in managing and investing the fund only from the fund.
(f)  The trust company annually shall provide a written report to the comptroller with respect to the investments of the fund.
(g)  The trust company shall adopt a written investment policy that is appropriate for the fund.  The trust company shall present the investment policy to the investment advisory board established under Section 404.028.  The investment advisory board shall submit to the trust company recommendations regarding the policy.
(h)  The comptroller annually shall provide to the trust company a forecast of the cash flows into and out of the fund.  The comptroller shall provide updates to the forecasts as appropriate to ensure that the trust company is able to achieve the fund's objective specified by Subsection (c).
(i)  The trust company shall disburse money from the fund as directed by the comptroller.
Added by Acts 2023, 88th Leg., R.S., Ch. 379 (H.B. 9), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter T. Texas Broadband Infrastructure Fund › Section 403.605. Rulemaking

Sec. 403.605.  RULEMAKING.  The comptroller may adopt rules as necessary to administer this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 379 (H.B. 9), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter A. General Provisions › Section 404.001. Definitions

Sec. 404.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 1997, 75th Leg., ch. 891, Sec. 3.22(2), eff. Sept. 1, 1997.
(2)  "Demand deposit" means a deposit that is payable on demand.
(3)  "Direct security repurchase agreement" means an agreement under which the state buys, holds for a specified time, and then sells back any of the following securities, obligations, or participation certificates:
(A)  United States government securities;
(B)  direct obligations of or obligations the principal and interest of which are guaranteed by the United States;  or
(C)  direct obligations of or obligations guaranteed by agencies or instrumentalities of the United States government.
(4)  "Market value" means the fair and reasonable prevailing price at which a security is being sold on the open market at the time of the appraisement of the security by the comptroller.
(5)  "Reverse security repurchase agreement" means an agreement under which the state sells and after a specified time buys back any of the securities, obligations, or participation certificates listed in Paragraphs (A) through (C), Subdivision (3).
(6)  "State depository" means an institution designated as a state depository under Subchapter C.
(7)  "Time deposit" means a deposit for which there is in force a contract providing that neither the whole nor a part of the deposit may be withdrawn by check or otherwise before the expiration of the period of notice that must be given in writing in advance of a withdrawal.
(8)  "Treasury" means state funds subject to the custody and control of the comptroller and available for appropriation by the legislature.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.05(a), eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 78, Sec. 1, eff. May 11, 1989;  Acts 1993, 73rd Leg., ch. 939, Sec. 1, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 891, Sec. 3.22(2), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.27, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter A. General Provisions › Section 404.0011. Transfer of Treasurer's Powers and Duties

Sec. 404.0011.  TRANSFER OF TREASURER'S POWERS AND DUTIES.  (a)  The powers and duties of the state treasurer under this chapter or other law are transferred to the comptroller.
(b)  A reference in law to the state treasurer is a reference to the comptroller.
(c)  If the state treasurer and the comptroller or their respective designees are both ex officio members of a committee or governing body under law, the transfer of the powers and duties under this section does not give the comptroller more than one vote or position on the committee or governing body.  If the state treasurer and the comptroller both have the power to appoint members to a committee under law, the transfer of the powers and duties under this section does not allow the comptroller to exercise the power of appointment given to the treasurer under law in addition to the power of appointment given to the comptroller under law.  If the state treasurer and the comptroller both have the power to appoint members to a governing body under law, the comptroller may exercise the power of appointment given to the treasurer under law in addition to the power of appointment given to the comptroller under law only if the members of the governing body serve six-year terms and the composition of the governing body is subject to Section 30a, Article XVI, Texas Constitution.
(d)  The comptroller may contract with a private entity to perform an activity transferred under this section as long as the activity is not solely a sovereign function of the state.
Added by Acts 1995, 74th Leg., ch. 992, Sec. 1, eff. Sept. 1, 1996.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter B. State Depository Board › Section 404.013. Rules

Sec. 404.013.  RULES.  The comptroller may adopt and enforce rules governing the establishment and conduct of state depositories and the investment of state funds in the depositories that the public interest requires and that are not inconsistent with the law governing the depositories.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 939, Sec. 2, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 891, Sec. 3.03, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter C. State Depositories and Investment of State Funds › Section 404.021. Eligible Institutions

Sec. 404.021.  ELIGIBLE INSTITUTIONS.  (a)  Any state or national bank doing business in the state may be designated by the comptroller as a state depository.  Designation of a bank as a depository includes all of the bank's branches within the state.
(b)  Any savings and loan association doing business in the state may be designated by the comptroller as a state depository.
(c)  Any state or federal credit union doing business in the state may be designated by the comptroller as a state depository.
(d)  Deposits of eligible institutions designated as state depositories must be covered by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 78, Sec. 2, eff. May 11, 1989;  Acts 1995, 74th Leg., ch. 426, Sec. 1, eff. June 9, 1995;  Acts 1997, 75th Leg., ch. 891, Sec. 3.04, eff. Sept. 1, 1997.