1. (a) Application Date. An application may be filed at any time. An applicant who intends the qualifying time period to begin on January 1 of the year following the year the application is filed, however, must file the application and all required accompanying documentation before September 3 of the year preceding the year in which the applicant proposes the qualifying time period to begin.

2. (b) Neither the school district nor the comptroller are required to consider applications that do not meet minimum requirements. Minimum requirements include:

   1. (1) each question, schedule, and request for information concerning the following items is answered in detail and conforms to reasonable standards for application form and content set by the comptroller:

      1. (A) dollar value of investment;
      2. (B) proposed wages and benefits;
      3. (C) projected employment;
      4. (D) a property description;
      5. (E) qualifying time period;
      6. (F) notification of intent to request a waiver of minimum job requirements and documentation of industry standards sufficient to support the waiver, if granted; and
      7. (G) other items of relevant information as required by the comptroller.
   2. (2) it is signed by the applicant or the applicant's authorized agent; and
   3. (3) it is accompanied by the application fee established by the governing body of the school district.
3. (c) Each document required by the application must be submitted during the required time frame.

4. (d) Immediately upon electing to consider the application the school district shall:

   1. (1) forward to the comptroller the application, including the required schedules; the documentation that accompanied the application and proof of payment of the application fee; and
   2. (2) forward to each appraisal district that appraises property subject to the application one copy of the application, schedules, and attached documentation.
5. (e) The applicant shall describe with specificity the qualified investment and qualified property that the applicant proposes to build or install, including sound, good faith estimates of the cost and value of proposed investment. The information must be sufficient to show that the real and personal property identified in the application as qualified property meets the criteria established by Tax Code, §313.021(2) and that the minimum required qualified investment amount is made during the qualifying time period.
6. (f) If the application is filed before September 3 and is approved during that tax year, the qualifying time period begins on January 1 of the following tax year. If the governing body extends the application review period, the qualifying time period specified in the application begins on January 1 of the first tax year following the approval of the application.
7. (g) Amended application--a school district may at any time during the application review process permit an applicant to amend the application to provide changes in investment, wage, employment, a property description, or a qualifying time period to replace that submitted on the original application.
8. (h) If the school district's governing body permits an applicant to amend the application at any time after the 60th day of the application review period, the governing body shall extend the application review period by a number of days equal to the difference between 60 and the number of days of the application review period that had passed when the application was received. For example, if the application was amended on the 85th day of the application review period, the governing body is required to extend the application review period for 25 additional days.
9. (i) The school district shall immediately send each amended application and each item of attached documentation to the comptroller. As soon as practicable after receiving an amended application, the school district shall send the amended application and attached documentation to each appraisal district that appraises property proposed to be subject to a limitation on appraised value.
10. (j) For purposes of the comptroller's recommendation only, an amended application is considered a new application and the 60-day time period within which the recommendation must be issued will be calculated in the manner provided by §9.1057(d) of this title (relating to Recommendation, Evaluation, and Reports by Comptroller).
11. (k) Supplementing the application--a school district may permit an applicant to supplement the original application with certain information that was unavailable prior to the filing date and that will be used to verify that the property meets the requirements of Tax Code, Chapter 313. Changes in information concerning the proposed investment, property description, wages, employment, or a change in the qualifying time period may not be provided as supplemental information. Changes in the proposed investment, property description, wages, employment information, and the qualifying time period shall be submitted through an amended application. For example, an application may be supplemented to provide reinvestment zone descriptions, maps and reinvestment zone guidelines and criteria that were not available before the application was filed, while a change in the qualifying time period must be submitted on an amended application.
12. (l) The school district shall immediately forward to the comptroller and each appraisal district in which property that is subject to the limitation will be located all supplemental information that the district receives.
13. (m) An application that was filed before January 1, 2008, is not subject to subsection (h) of this section until July 1, 2008. This subsection expires on July 2, 2008.

Source Note:The provisions of this §9.1054 adopted to be effective January 9, 2008, 33 TexReg 273.