- (a) As soon as practicable after execution of the agreement with the property owners, the school district must submit to the comptroller and to all appraisal districts that appraise property described in the agreement a copy of the agreement between the school district and the property owner for the appraised value limitation required by Tax Code, §313.027 and all accompanying documents and exhibits.
- (b) The agreement may include authorization for the company to replace property specified in the original agreement, provided that the company reports investment, value, and employment information related to replacement property added to the agreement to the school board, the comptroller, and to each appraisal district with the same format, style, and presentation used for the original application.
(c) The agreement shall contain, but is not limited to, the following minimum provisions:
- (1) a requirement that the recipient meet minimum eligibility requirements throughout the value limitation and tax credit settle-up periods. Minimum eligibility requirements shall meet or exceed the Tax Code, Chapter 313 requirements for qualified investment and Tax Code, §313.021(3) and §313.024(d) requirements for employment;
- (2) the Texas Taxpayer Identification Number assigned by the comptroller to the company entering into the agreement or the Texas Taxpayer Identification Number of its reporting entity. The number included in the agreement shall match the number listed on the application; and
- (3) a provision that states the amount of the limitation is based on the limitation amount for the category that applies to the school district on the effective date of the agreement, as set out by Tax Code, §313.022(b) or §313.052.
(d) By official action of the governing body of the school district, the agreement may be amended to include, in the appraised value limitation, qualified property that was not specified in the original agreement, provided that the company reports to the school board, the comptroller, and to each appraisal district, in the same format, style, and presentation as the original application, all relevant investment, value, and employment information that is related to the additional property. An agreement amended as permitted by this title shall:
- (1) require that all property added by amendment be eligible property as defined by Tax Code, §313.024;
- (2) clearly distinguish the property, investment, and employment information added by amendment from the property, investment, and employment information in the original agreement; and
- (3) define minimum eligibility requirements for the recipient of limited value.
- (e) An agreement may not be amended to extend the value limitation time period.
Source Note:The provisions of this §9.1055 adopted to be effective January 9, 2008, 33 TexReg 273.