TITLE 34. PUBLIC FINANCE

PART 1. COMPTROLLER OF PUBLIC ACCOUNTS

CHAPTER 9. PROPERTY TAX ADMINISTRATION

SUBCHAPTER F. LIMITATION ON APPRAISED VALUE ON CERTAIN QUALIFIED PROPERTIES

34 TAC §9.1052

The Comptroller of Public Accounts proposes amendments to §9.1052, concerning forms.

The amendments to §9.1052 are to propose changes to subsection (a) to reflect new versions of Form 50-773A, Biennial Progress Report for Texas Economic Development Act and Form 50-827, Biennial School District Cost Data Request, and to add new subsection (d) to allow the Comptroller to periodically update certain marked areas of the adopted forms. Subsection (a) is amended to adopt new versions of Form 50-773A and Form 50-827. The form adopted by reference in paragraph (3) is being changed to apply only to projects that are subject to the Tax Code, Chapter 313 requirements that were effective prior to January 1, 2014 (three-digit projects). The form adopted by reference in paragraph (4) is being added to apply only to projects that are subject to the Tax Code, Chapter 313 requirements that were effective after January 1, 2014 (four-digit projects). Former paragraph (4) is renumbered as paragraph (5). Former paragraph (5), adopting by reference Form 50-827, is renumbered as paragraph (7) and changed to apply only to three-digit projects. The form adopted by reference in paragraph (8) is being added to apply only to four-digit projects. These forms are also changed to replace the paper filing requirements with an electronic filing requirement. The forms are also changed to reduce duplicative filings for projects with multiple agreement holders by permitting agreement holders in the same combined group to select a single agreement holder to report on behalf of the entire combined group.

Tom Currah, Chief Revenue Estimator, has determined that during the first five years that the proposed amendment is in effect, the amendment: will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy. This proposal amends a current rule.

Mr. Currah also has determined that for each year of the first five years the rule is in effect, proposed amendment would benefit the public by improving the administration of local property valuation and taxation. This rule is proposed under Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. The proposed amendment would have no significant fiscal impact on the state government, units of local government, or individuals. There would be no anticipated significant economic costs to the public.

Comments on the amendments may be submitted to John Villarreal, Manager, Data Analysis and Transparency Division, Comptroller of Public Accounts, at John.Villarreal@cpa.texas.gov or at P.O. Box 13528, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.

The amendments are proposed under Tax Code, §313.031, which authorizes the comptroller to adopt rules necessary for the implementation and administration of Tax Code, Chapter 313.

The amendments implement Tax Code, Chapter 313.

§9.1052.Forms.

(a) The comptroller adopts by reference the following forms:

(1) Application for Appraised Value Limitation on Qualified Property (Form 50-296A);

(2) Annual Eligibility Report (Form 50-772A);

(3) Biennial Progress Report for Texas Economic Development Act; Three-Digit Tax Code, Chapter 313 Projects (Three-Digit Form 50-773A);

(4) Biennial Progress Report for Texas Economic Development Act: Four-Digit Tax Code, Chapter 313 Projects (Four-Digit Form 50-773B);

(5) [(4)] Job Creation Compliance Report (Form 50-825);

[(5) Biennial School District Cost Data Request (CDR) (Form 50-827); and]

(6) Texas Economic Development Act Agreement (Form 50-826);[.]

(7) Three-Digit Biennial School District Cost Data Request (CDR) (Three-Digit Form 50-827A); and

(8) Four-Digit Biennial School District Cost Data Request (CDR) (Four-Digit Form 50-827B).

(b) Copies of the forms are available for inspection at the office of the Texas Register or may be obtained from the Comptroller of Public Accounts, P.O. Box 13528, Austin, Texas 78711-3528. The forms may be viewed or downloaded from the comptroller's website, at https://www.comptroller.texas.gov/economy/local/ch313/forms.php. Copies may also be requested by calling our toll-free number, (800) 531-5441, extension 34679.

(c) In special circumstances, a school district may obtain prior approval in writing from the comptroller to use an application or agreement form that requires additional information, or sets out the required information in different language or sequence than that which this section requires.

(d) The comptroller may periodically update the dates, form version numbers, and/or years in the appropriate marked sections of the forms described in subsection (a) of this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 21, 2017.

TRD-201705365

Lita Gonzalez

General Counsel

Comptroller of Public Accounts

Earliest possible date of adoption: February 11, 2018

For further information, please call: (512) 475-2220