Chapter 313

Disclaimer:

This information should not be construed as, and is not a substitute for, legal advice.
Property owners and school districts are urged to consult the Attorney General’s Economic Development Handbook and their own legal counsel for any questions or interpretations of economic development laws.

Tax Programs/Incentives

Chapter 313 Application Process

To obtain a limitation, a property owner must file a Comptroller-prescribed application form with the school district. The school district may choose not to consider the application. If the school district decides to consider the application, the school district must send a copy of the application to the Comptroller and the relevant appraisal district. The school district also must request that the Comptroller provide an economic impact analysis.

Upon receipt of the application, the Comptroller will:

  1. make a determination of the project’s eligibility under Chapter 313,
  2. notify the district of the determination, and
  3. provide a hearing and appeals process for applicants contesting the Comptroller’s decision.

The Comptroller is required to make a recommendation to the school district on whether to accept or reject the application, based on the criteria in the economic impact evaluation, or any other information available to the Comptroller.

The school district may approve the application only if it:

  1. finds that the information in the application is true and correct,
  2. finds that the applicant is eligible for the limitation and
  3. determines that granting the application is in the best interest of the school district and this state.

The Comptroller has up to 91 days to review an application after receiving it from the school district, and the school district has up to 151 days to act on it after receiving it from the applicant.

See a timeline of the sequence of events involved in the Chapter 313 application and agreement processes.

NOTE: While these new timelines do not create hard and fast deadlines for application filing with school districts, if the applicant desires the first complete year of the qualifying time period to begin in the next tax year, applicants must file a complete application early enough in any particular year to allow time for school district and Comptroller review.