Current through Reg. 49, No. 12; March 22, 2024
(a) An application must be filed in the
format provided (letter size) and must contain all information and
documentation required under the Act and this chapter, as applicable. Each
application for enterprise project designation must be typed directly on the
form provided by the Bank.
(b) The
application must be submitted hole-punched in a three-ring loose-leaf binder
with the application form located behind Tab 1, and must include all applicable
attachments hole-punched and placed behind the appropriate Tab sections as
specified in the application. An application that is submitted with four or
more material deficiencies will be declined as incomplete. Material
deficiencies are items such as the governing body application certification
with an original signature, the qualified business application certification
with original signatures, or any other required tabbed item.
(c) The applicant shall file with the Bank
one original application for designation as an enterprise project. All
applications for enterprise project designation must be received by the Office
no earlier than one week before, and no later than 5:00 p.m. Central Standard
Time, on the first business day of the following months: September, December,
March and June. Further, all applications include a non-refundable application
fee in the form of a certified check or money order made payable to the Office
of the Governor. The application is not considered to be received unless it is
received at the physical location of the Office with the non-refundable
application fee submitted under separate cover to Office of the Governor,
Economic Development and Tourism, Texas Economic Development Bank, Attn: Texas
Enterprise Zone Program, Post Office Box 12828, Austin, Texas 78711. The
application fee must clearly show the name of the nominating jurisdiction, as
well as the name of the qualified business. Both the application and the
application fee must be received by the application deadline. Applications
received after a deadline will be returned to the applicant, and must be
resubmitted to the Bank in the prescribed timeframe to be considered for
designation during the next application deadline.
(d) Applications received during a quarterly
round will be reviewed and scored by the Bank in accordance with the Act, this
chapter and the goals of the program.
(e) The application for designation of an
enterprise project must contain the following information and documentation, as
applicable:
(1) The participants. The
application must contain the name, street address, mailing address, telephone
number, fax number and electronic mail address for each of the following
involved in the designation of a qualified business as an enterprise project:
(A) the applicant governing body and the
applicant governing body's liaison; and
(B) the qualified business, the primary
business's representative and the local business liaison. The local business
liaison must be located at the qualified business site.
(2) The applicant. The application must
contain the following information and documentation concerning the applicant:
(A) a statement signed by the governing body
liaison certifying that the contents of the application are true and correct to
the best information and belief of the liaison, and that he or she has read the
Act and this chapter and is familiar with the provisions thereof;
(B) a certified copy of the nominating
ordinance or order under §
RSA
176.2(1) of this
title (relating to Participation in the Program), or if an ordinance or order
has already been passed nominating a project for designation, a certified copy
of a resolution from the applicant governing body nominating the qualified
business for designation as an enterprise project and containing:
(i) nomination of the project or activity as
an enterprise project;
(ii) a
statement as to whether the project or activity is located in an area
designated as an enterprise zone, and, if applicable, that the project is
located in an area that is also designated as a defense base development
authority established under Chapter 379B, Local Government Code, a federal
empowerment zone, a federal enterprise community, or a renewal
community;
(iii) reference by
number to the nominating ordinance or order indicating participation in the
program, with a statement that the local incentives described in the previously
issued ordinance or order electing to participate in the enterprise zone
program are the same as those made available to the project or
activity;
(iv) the active
designation period of the project; and
(v) if the project or activity is nominated
as a double jumbo enterprise project or a triple jumbo enterprise project, a
statement that the designation will count as two or three designations,
respectively, against the total number of designations allowed, as
applicable;
(C) the
block group of the primary business address of the qualified business site,
verifiable by the local appraisal district;
(D) the poverty rate for the block group of
the primary business address of the qualified business site, or the poverty
rate of the distressed county in which the qualified business site is
located;
(E) an official census
map, which clearly identifies the location of the proposed project and the
census area where it is located;
(F) a description of the municipality's or
county's procedures and efforts to facilitate and encourage participation by
and negotiation between all affected entities in the jurisdiction in which the
qualified business is located including a description of the business activity
that has occurred in the area within the last year. This description must
demonstrate the cooperation among the public and private sectors;
(G) a description of the local effort made by
the municipality or county and other affected entities to achieve development
and revitalization of the area as described in the Act, §2303.405(c). This
includes a brief historical description of the trade and business conducted in
the area.
(3) The
project. The application must contain the following information and
documentation concerning the proposed project:
(A) a statement signed by the primary
business representative and the local business liaison certifying that the
contents of the application are true and correct to their best information and
belief, and that they have read the Act and this chapter and are familiar with
the provisions thereof;
(B) a
description and introduction of the business applying for the project
designation, which includes:
(i) a copy of
the articles of incorporation, or the dba statement under which the business
operates, filed with the Secretary of State of the State of Texas. The name
under which the business is applying for designation must be the same as the
business paying state taxes and creating and/or retaining jobs to obtain
program benefits;
(ii) the
principal owners and history of the business;
(iii) a resolution for corporations or a
certificate of authority that provides signatory authority to a person or
persons to submit the enterprise project application and sign any contracts or
forms on behalf of the business for the enterprise project;
(iv) the number of business locations, total
sales, and number of employees in the State of Texas, the United States, and
outside the United States;
(v) the
federal tax identification number, and/or the Texas Comptroller tax
identification number, as applicable, for all participating entities of a
controlled group;
(vi) a
description of the business' products and services, including NAICS
code;
(vii) a description of the
business' export history, if applicable; and
(viii) an organizational chart that indicates
the business structure, as well as the role of each entity participating in the
project;
(C) the plans
of the business for expansion, revitalization, and other activity at the
qualified business site for the designation period of the project including:
(i) a description of the project location and
intended use;
(ii) a summary of
short and long-term plans for expansion at the qualified business
site;
(iii) the amount of capital
investment to be made at the qualified business site during the designation
period;
(iv) the status of any
required local, state or federal permits or licenses that must be obtained to
enable the project to be initiated and completed as represented in the
enterprise project application;
(v)
a tabular summary of the current number of full-time, part-time and seasonal
jobs which includes the titles and/or Standard Occupational Classification by
six-digit code and salary ranges of jobs to be maintained at the qualified
business site. Full-time positions will be used for baseline
information;
(vi) a tabular summary
of the number of new jobs, the titles and/or Standard Occupational
Classification by six-digit code and salary ranges of full-time jobs to be
created;
(vii) a tabular summary of
the number of new jobs, the titles and/or Standard Occupational Classification
by six-digit code and salary ranges of full-time jobs to be retained, if
applying for retained job benefit; and
(viii) the total projected annual payroll for
the jobs that are being considered for benefit;
(D) commitments from the business that
include:
(i) a completed form provided by the
Bank, certifying the business as a qualified business;
(ii) a statement from a franchise or
subsidiary, if applicable, stating that the business will maintain separate
payroll and tax records of the business activity conducted at the qualified
business site;
(iii) the percentage
of new or additional employees hired to occupy the jobs being claimed for
benefit that are residents of any enterprise zone in the state, or that are
economically disadvantaged;
(iv) a
description of the efforts of the business to develop and revitalize the area
as described in the Act, §2303.405(e); and
(v) a statement certifying that the business,
or a branch, division, or department of the business, does not and will not
knowingly employ an undocumented worker.
(f) Multiple concurrent enterprise
project designations. A qualified business that currently has an enterprise
project designation may apply for an additional enterprise project designation
at the same qualified business site. To receive the additional enterprise
project designation the governing body must complete an enterprise project
application with all of the required nominations and attachments. Additionally,
the application must include a breakdown of capital investment and new and/or
retained jobs for each designation, clearly delineating what capital investment
and jobs will apply to which designation, with timelines for all.
(g) Name change. If the name of a qualified
business that has received an enterprise project designation has changed, the
Bank may approve the name change for the enterprise project designation. The
designated enterprise project must apply for a name change to the Bank no later
than 18 months after the enterprise project designation expires, or the
business will not be eligible for program benefits. The name change of a
project designation by a qualified business does not extend the original
designation period, which is applicable to the original and subsequent
designee, and which will end on the last day of the original designation
period. The receive Bank approval for a name change, the qualified business
must submit through the applicant governing body:
(1) a completed Name Change Application,
along with a non-refundable cashiers check or money order made payable to
Office of the Governor, for a processing fee;
(2) a written explanation by the designee of
the reasons for the name change, the date the name change occurred and any
changes to the commitments made by the business in the original enterprise
project application, if applicable; and
(3) written acknowledgment from the applicant
governing body that it is aware of the name change for the project as a
qualified business operating at the qualified business site within its
jurisdiction.
(h)
Assignment or Assumption. The Bank may approve the assignment or assumption of
a state-designated enterprise project that has transferred through a sale to
another entity that will commit to continue operations at the qualified
business site in the way originally committed within the initial enterprise
project application, or which otherwise demonstrates to the satisfaction of the
Bank that the assignment or assumption is warranted to avoid disruption of
operations and loss of jobs. The transfer of a project designation by a
qualified business does not extend the original designation period, which is
applicable to the original and subsequent designee and which will end on the
last day of the original designation period. The designated enterprise project
must apply to the Bank, through the appropriate governing body, for designation
assignment or assumption no later than 18 months after the enterprise project
designation expires, or the business will not be eligible for program benefits.
The following must be submitted through the applicant governing body to the
Bank:
(1) official action by the governing
body in the form of a resolution approving the transfer of the enterprise
designation to the purchaser;
(2) a
completed Enterprise Project Assignment Application, along with a
non-refundable cashiers check or money order made payable to Office of the
Governor for a processing fee;
(3)
a written relinquishment from the designated project's qualified business to
the governing body and Bank to release all claim to the project designation and
any benefits represented thereunder and agreeing to the assignment of the
designation as of a specific date by the purchaser seeking to assume the
designation;
(4) a written
certification from the purchaser on a form to be provided by the Bank that the
purchaser will be a qualified business under the Act, §2303.402;
(5) a letter of commitment from the purchaser
addressed to the governing body and the Bank in the same format as the letter
of commitment filed in the original application for project designation by the
initial qualified business. The letter should outline any modifications
proposed by the purchaser to the original commitments made by the qualified
business holding the project designation, including capital investment and jobs
to be created or retained, as applicable, and a statement as to why the
assignment is essential to their operations at the qualified business
site;
(6) a Comptroller of Public
Accounts tax identification number and federal tax identification number for
the purchaser; and
(7) a copy of
the purchasers' articles of incorporation filed with the State of Texas
Secretary of State, or the dba statement under which the business
operates.
(i) A
qualified business may be designated as an enterprise project for no less than
one year and no longer than five years. The designation of a qualified business
as an enterprise project shall remain in effect during the period beginning on
the date of the designation and ending on the earliest of:
(1) the date requested in the application for
designation as an enterprise project as indicated in the nominating ordinance,
order or resolution, as applicable;
(2) five years after the date the designation
is made;
(3) the last day that
completes the original project designation period of a qualified business that
has assumed the designation of the enterprise project designation through or
purchase of a designated qualified business for the purpose of continuing its
operations at the applicable qualified business; or
(4) the date the Bank notifies the qualified
business and the governing body that the qualified business is not in
compliance with any requirement for designation as an enterprise
project.
