HBA-JLV H.B. 3271 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3271
By: Coleman
Economic Development
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, businesses and other organizations are given grants,
reduced-interest loans, tax abatements, tax reductions, and other
incentives by state and local governmental entities to stimulate economic
development.  These government-provided incentives, also called public
subsidies,  rarely are tied to specific goals or benchmarks.  As a result,
it is often unclear whether businesses and other organizations that receive
public subsidies are delivering measurable public benefits in return.
House Bill 3271 establishes the Public Subsidy Performance and
Accountability Act and requires any entity that receives a public subsidy
for economic development purposes from the state to enter into a subsidy
agreement with the agency providing the subsidy that describes specific
goals for the subsidy, and includes provisions for repayment if the goals
are not met. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3271 amends the Government Code to establish the Public Subsidy
Performance and Accountability Act to provide that any entity that receives
a public subsidy for economic development purposes from the state must
enter into a subsidy agreement that describes specific goals for the
subsidy (Sec. 481.228)   The bill prohibits a state agency from granting a
public subsidy unless the state agency has adopted criteria for issuance of
the subsidy and enters into a subsidy agreement with an eligible recipient
(Sec. 481.225).  The bill authorizes a local governmental entity that is
authorized to grant a public subsidy to adopt criteria regarding the
awarding of a public subsidy and to enter into a subsidy agreement to the
same extent and in the same manner as a state agency and with the same
reporting requirements as a state agency and recipient of a public subsidy
granted by a state agency (Sec. 481.224).  The bill applies only to public
subsidies of more than $25,000 or, if the subsidy is in the form of a loan,
more than $75,000 (Sec. 481.223). 

The bill requires a state agency, after a public hearing, to adopt
eligibility and other criteria for granting a subsidy and sets forth
criteria requirements.  The bill requires the state agency to submit a copy
of the criteria to the Texas Department of Economic Development
(department) for review and comment.  The bill authorizes a state agency to
modify the criteria adopted by the agency, subject to review and approval
by the department (Sec. 481.226). 

The bill requires a grantor to contact the department to determine whether
the proposed recipient is eligible to receive a subsidy before a grantor
enters into a public subsidy agreement (Sec. 481.227). The bill authorizes
a grantor, after a public hearing, to extend up to one year the period for
meeting job and wage goals under the subsidy agreement and sets forth
requirements for a grantor to extend the period (Sec. 481.229). 

The bill requires a state agency to publish notice and hold a public
hearing before granting a subsidy of  more than $500,000, authorizes a
local governmental entity to publish notice and hold a public hearing
before granting a subsidy of more than $100,000, and sets forth
notification requirements. 
The bill sets forth contents of the notification (Sec. 481.230).

The bill requires that a subsidy agreement must contain provisions
requiring a recipient who fails to meet the goals specified in the
agreement to, at a minimum, repay the amount of the subsidy with interest.
The bill provides that the repayment may be prorated to reflect a partial
fulfillment of goals. The grantor is required to send notice of the failure
to the recipient and demand repayment of the subsidy (Sec. 481.231). The
bill prohibits a recipient that fails to meet the terms of a subsidy
agreement to receive a subsidy from a grantor before five years after the
date on which the grantor made its determination regarding the failure or
the date on which the recipient satisfies its repayment obligation (Sec.
481.232).  The bill sets forth requirements for the recipient to submit an
annual progress report on the attainment of the goals stated in the subsidy
agreement (Sec. 481.233).  The bill sets forth provisions relating to the
information a  progress report must include, the method of filing a
progress report, and the written reminder and penalty for a recipient who
fails to file a progress report (Secs. 481.234- 481.236). 

Not later than April 1 of each year, each state agency that has awarded a
public subsidy is required to file a report with the department regarding
the subsidy.  The bill sets forth the contents of the report to be filed
with the department (Sec. 481.237). 

Not later than July 1 of each year, the department is required to submit to
the legislature a report summarizing the results of the reports required
from grantors and recipients for the previous calendar year and sets forth
the contents of the report (Sec. 481.238).  Not later than August 1 of each
year, the department is required to publish a compilation of grantors'
criteria policies adopted in the previous calendar year (Sec. 481.240). 

EFFECTIVE DATE

September 1, 2001.