SB 2322

relating to the applicability of the compelling factor test within
the Texas Jobs, Energy, Technology, and Innovation Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 403.609(b), Government Code, is amended
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
(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
(3)  for a project described by Section
403.602(8)(A)(i)(a), (c), (d) or (ii), 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
(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
SECTION 2.  This Act takes effect September 1, 2025.