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Rule 9.1055, Comptroller Application Review and Agreement to Limit Appraised Value
| TITLE 34 | PUBLIC FINANCE |
|---|---|
| PART 1 | COMPTROLLER OF PUBLIC ACCOUNTS |
| CHAPTER 9 | PROPERTY TAX ADMINISTRATION |
| SUBCHAPTER F | LIMITATION ON APPRAISED VALUE AND TAX CREDITS ON CERTAIN QUALIFIED PROPERTY |
| RULE §9.1055 | Comptroller Application Review and Agreement to Limit Appraised Value |
(a) Documents submitted to comptroller. Within 15 days of receiving or creating a substantive document, the comptroller shall post such document on the comptroller's Internet website, provided however, the comptroller shall not post any documents determined to be confidential in accordance with Tax Code, §313.028 and this section.
(1) The comptroller shall deem information as confidential only if the document:
(A) at the time that it is received by the comptroller, the party requesting confidentiality:
(i) has segregated the information for which confidentiality is being requested from the other information submitted to the comptroller and clearly and conspicuously labeled it confidential information;
(ii) provides a written list specifically identifying each document, portion of document, or entry in the form prescribed by the comptroller that applicant contends is confidential; and
(iii) provides in writing specific reasons, including any relevant legal authority, stating why the material is believed to be confidential; and
(B) the comptroller determines that the information for which confidentiality is sought describes:
(i) specific processes or business activities to be conducted by the applicant; or
(ii) specific tangible personal property to be located on real property covered by the application.
(2) Substantive documents deemed confidential will not be posted on the internet and will otherwise be withheld from public release unless and until the governing body of the school district acts on the application or the comptroller is directed to release the documents by a ruling from the Attorney General.
(3) All applications and parts of applications which are not segregated and marked as confidential as required under this section shall be considered substantive documents and shall be posted on the internet.
(4) When the governing body of the school district agrees to consider the application, information in the custody of a school district or the comptroller in connection with the application, including information related to the economic impact of a project or the essential elements of eligibility pursuant to Tax Code, Chapter 313, such as the nature and amount of the projected investment, employment, wages, and benefits, shall not be considered confidential business information.
(b) Application review. Upon receiving an application and accompanying documentation, the comptroller shall review the application to determine if it is complete.
(1) If the comptroller determines that the application was not submitted in compliance with or does not have documents or information required pursuant to §9.1053(a) and if applicable (b), of this title (relating to Entity Requesting Agreement to Limit Appraised Value and Tax Credit), or does not provide all necessary information for the economic impact evaluation required by Tax Code, §313.026, the comptroller shall provide written notice to the school district, with a copy to applicant, identifying the information that is required or necessary to complete the application.
(A) Supplemental application information, amended application information, and additional information requested by the comptroller shall be promptly forwarded to the comptroller within 20 days of the date of the request.
(B) On request of the school district or applicant, the comptroller may extend the deadline for providing additional information for a period of not more than 10 working days.
(C) Additional information concerning investment, property value, property description, employment, and the qualifying time period that is not provided to the comptroller in a timely manner may not be included in the comptroller's recommendation, economic impact evaluation, or report.
(2) Until the comptroller receives such information as is required and necessary to be submitted by applicant, the comptroller may discontinue further action on the application. The comptroller shall discontinue consideration of an application that remains incomplete for more than 180 days after the date the comptroller first received the application plus the number of days of any extension, notice of which has been provided to the comptroller pursuant to §9.1054(d) of this title (relating to School District Application Review and Agreement to Limit Appraised Value).
(3) When the comptroller determines that the documentation submitted in support of an application meets the requirements for an application pursuant to §9.1053(a) and if applicable (b), of this title, and the comptroller has received from the school district a request to provide an economic impact evaluation and all necessary documents for an appropriate evaluation of the requested appraised value limitation from the applicant and the school district, the comptroller shall provide written notice to the school district and applicant that applicant has submitted a completed application.
(c) Action on completed application. After issuing a notice of a completed application, and after receipt of the information from the school district required by §9.1054(c)(2) of this title, the comptroller shall determine whether the property meets the requirements of Tax Code, §313.024 for eligibility for a limitation on appraised value pursuant to the provisions of Tax Code, Chapter 313, Subchapter B or C, whichever is applicable.
(1) The comptroller shall notify the governing body of the school district and applicant of the comptroller's determination by certified mail return receipt requested. If an applicant disagrees with a denial of eligibility for limitation of appraised value under Tax Code, §313.024, applicant may appeal the eligibility determination pursuant to the procedures set forth in Tax Code, Chapter 313 and in §9.1056 of this title (relating to Eligibility Determination Appeal).
(2) The comptroller shall discontinue consideration of an application that the comptroller has determined is not eligible. If an appeal under §9.1056 of this title, results in a determination that the project is eligible, the comptroller shall re-commence review of the application.
(d) Action on an eligible completed application. Not later than 90 days after written notice that the school district and the comptroller have determined that applicant has submitted a completed application that is eligible for a limitation of appraised value under Tax Code, §313.024, the comptroller shall provide to the school district:
(1) an economic impact evaluation as required pursuant to Tax Code, §313.026;
(2) a recommendation that the school district:
(A) approve the request for limitation on appraised value presented in the completed application;
(B) approve the request for limitation on appraised value presented in the completed application, subject to:
(i) conditions identified in the recommendation being completed prior to execution of the agreement; or
(ii) the agreement including additional provisions as identified in the recommendation; or
(C) disapprove the request for limitation on appraised value presented in the completed application.
(e) Action after agreement review. No later than seven days after receiving an agreement for limitation on appraised value acceptable to an applicant, the comptroller shall:
(1) review the agreement for:
(A) compliance with Tax Code, Chapter 313, and this subchapter; and
(B) consistency with the application submitted to the comptroller and as amended or supplemented;
(2) provide to the school district:
(A) written confirmation that the comptroller has received and reviewed the agreement submitted by the applicant and affirms the recommendation previously made; or
(B) if the comptroller determines that the agreement as submitted by the applicant does not comply with Tax Code, Chapter 313 or this subchapter or that the agreement contains provisions that are not consistent with or represents information significantly different from that presented in application as submitted to the comptroller, an amended written recommendation that the school district:
(i) approve the request for limitation on appraised value presented in the completed application and agreement; or
(ii) disapprove the request for limitation on appraised value presented in the completed application as reflected in the agreement.
(f) Application changes after the notice of completed application. If the comptroller receives an amended application or a supplemental application by an applicant after the comptroller has prepared or sent written notice that applicant has submitted a completed application, the comptroller shall:
(1) reject the amended application, supplemental application, or application, in whole or in part, and discontinue consideration of any submission by applicant;
(2) with the written concurrence of the school district, consider the completed application, as amended or supplemented, before the 91st day from application review start date; or
(3) review the documents submitted by applicant, issue an amended written notice of a completed application, and prepare the economic impact analysis and recommendation in the manner and time period authorized by subsection (d) of this section.
(g) Applications and agreements for deferred qualifying time period. When an eligible completed application for an agreement for limitation on appraised value requests to begin the qualifying time period after the date that the application is approved, the comptroller:
(1) to the extent possible, shall prepare the economic impact analysis for an estimated impact of the qualified investment during the proposed qualifying time period;
(2) if an appraised value limitation agreement which defers the time at which the qualifying period starts for more than one year is executed, may request at any time prior to the commencement of the qualifying time period additional information to revise the economic impact analysis for the qualified investment; and
(3) based on the revised economic impact analysis, may revise the recommendation that was previously submitted; and
(4) if a revised recommendation is prepared, shall provide the revised recommendation and revised economic impact analysis to the school district and approved applicant.
Source Note: The provisions of this §9.1055 adopted to be effective June 22, 2010, 35 TexReg 5367