84R19918 CJC-F
	By: Geren, Bohac	H.B. No. 2712
	Substitute the following for H.B. No. 2712:
	By:  Parker	C.S.H.B. No. 2712

	A BILL TO BE ENTITLED
	AN ACT
	relating to the temporary exemption of certain tangible personal
	property related to large data center projects from the sales and
	use tax.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter H, Chapter 151, Tax Code, is amended
	by adding Section 151.3595 to read as follows:
	Sec. 151.3595.  PROPERTY USED IN CERTAIN LARGE DATA CENTER
	PROJECTS; TEMPORARY EXEMPTION.  (a) In this section:
	(1)  "County average weekly wage" means the average
	weekly wage in a county for all jobs during the most recent four
	quarterly periods for which data is available, as computed by the
	Texas Workforce Commission, at the time a large data center project
	creates a job used to qualify under this section.
	(2)  "Large data center project" means a project that:
	(A)  is located in this state;
	(B)  is composed of one or more buildings
	comprising at least 250,000 square feet of space located or to be
	located on a single parcel of land or on contiguous parcels of land
	that are commonly owned or owned by affiliation with the qualifying
	operator;
	(C)  is specifically constructed or refurbished
	and actually used primarily to house servers and related equipment
	and support staff for the processing, storage, and distribution of
	data;
	(D)  is used by a single qualifying occupant for
	the processing, storage, and distribution of data;
	(E)  is not used primarily by a telecommunications
	provider to place tangible personal property used to deliver
	telecommunications services; and
	(F)  has an uninterruptible power source, a backup
	generator, a fire suppression and prevention system, and physical
	security that includes restricted access, video surveillance, and
	electronic systems.
	(3)  "Permanent job" means an employment position that
	will exist for at least five years after the date the job is
	created.
	(4)  "Qualifying job" means a full-time, permanent job
	that pays at least 120 percent of the county average weekly wage in
	the county in which the job is based. The term includes a new
	employment position staffed by a third-party employer if a written
	contract exists between the third-party employer and a qualifying
	owner, qualifying operator, or qualifying occupant that provides
	that the employment position is permanently assigned to an
	associated qualifying large data center project.
	(5)  "Qualifying large data center project" means a
	large data center project that meets the qualifications prescribed
	by Subsection (d).
	(6)  "Qualifying operator" means a person who controls
	access to a qualifying large data center project, regardless of
	whether that person owns each item of tangible personal property
	located at the qualifying large data center project. A qualifying
	operator may also be the qualifying owner.
	(7)  "Qualifying owner" means a person who owns a
	building in which a qualifying large data center project is
	located. A qualifying owner may also be the qualifying operator.
	(8)  "Qualifying occupant" means a person who:
	(A)  contracts with a qualifying owner or
	qualifying operator to place, or cause to be placed, and to use
	tangible personal property at the qualifying large data center
	project; or
	(B)  in the case of a qualifying occupant who is
	also the qualifying owner and the qualifying operator, places or
	causes to be placed and uses tangible personal property at the
	qualifying large data center project.
	(b)  Except as otherwise provided by this section, tangible
	personal property that is necessary and essential to the operation
	of a qualifying large data center project is exempted from the taxes
	imposed by this chapter if the tangible personal property is
	purchased for installation at, incorporation into, or in the case
	of electricity, use in a qualifying large data center project by a
	qualifying owner, qualifying operator, or qualifying occupant, and
	the tangible personal property is:
	(1)  electricity;
	(2)  an electrical system;
	(3)  a cooling system;
	(4)  an emergency generator;
	(5)  hardware or a distributed mainframe computer or
	server;
	(6)  a data storage device;
	(7)  network connectivity equipment;
	(8)  a rack, cabinet, and raised floor system;
	(9)  a peripheral component or system;
	(10)  software;
	(11)  a mechanical, electrical, or plumbing system that
	is necessary to operate any tangible personal property described by
	Subdivisions (2)-(10);
	(12)  any other item of equipment or system necessary
	to operate any tangible personal property described by Subdivisions
	(2)-(11), including a fixture; and
	(13)  a component part of any tangible personal
	property described by Subdivisions (2)-(10).
	(c)  The exemption provided by this section does not apply
	to:
	(1)  office equipment or supplies;
	(2)  maintenance or janitorial supplies or equipment;
	(3)  equipment or supplies used primarily in sales
	activities or transportation activities;
	(4)  tangible personal property on which the purchaser
	has received or has a pending application for a refund under Section
	151.429;
	(5)  tangible personal property not otherwise exempted
	under Subsection (b) that is incorporated into real estate or into
	an improvement of real estate;
	(6)  tangible personal property that is rented or
	leased for a term of one year or less; or
	(7)  notwithstanding Section 151.3111, a taxable
	service that is performed on tangible personal property exempted
	under this section.
	(d)  A large data center project may be certified by the
	comptroller as a qualifying large data center project for purposes
	of this section if, on or after June 1, 2015:
	(1)  a single qualifying occupant:
	(A)  contracts with a qualifying owner or
	qualifying operator to lease space in which the qualifying occupant
	will locate a large data center project; or
	(B)  occupies a space that was not previously used
	as a data center in which the qualifying occupant will locate a
	large data center project, in the case of a qualifying occupant who
	is also the qualifying operator and the qualifying owner; and
	(2)  the qualifying owner, qualifying operator, or
	qualifying occupant, independently or jointly:
	(A)  creates at least 40 qualifying jobs in the
	county in which the large data center project is located, not
	including jobs moved from one county in this state to another county
	in this state;
	(B)  on or after May 1, 2015, makes or agrees to
	make a capital investment of at least $500 million in that
	particular large data center project, the amount of which may not
	include a capital investment to replace personal property
	previously placed in service in that large data center project,
	over a five-year period beginning on the earlier of:
	(i)  the date the large data center project
	submits the application described by Subsection (e); or
	(ii)  the date the large data center project
	is certified by the comptroller as a qualifying large data center
	project; and
	(C)  agrees to contract for at least 20 megawatts
	of transmission capacity for operation of the large data center
	project.
	(e)  A large data center project that is eligible under
	Subsection (d) to be certified by the comptroller as a qualifying
	large data center project shall apply to the comptroller for
	certification and for the issuance of a registration number or
	numbers by the comptroller. The application must be made on a form
	prescribed by the comptroller and must include the information
	required by the comptroller. The application must include the name
	and contact information for the qualifying occupant, and, if
	applicable, the name and contact information for the qualifying
	owner and the qualifying operator who will claim the exemption
	authorized under this section. The application form must include a
	section for the applicant to certify that the capital investment
	required by Subsection (d)(2)(B) will be met independently or
	jointly by the qualifying occupant, qualifying owner, or qualifying
	operator within the time period prescribed by Subsection (d)(2)(B).
	(f)  The exemption provided by this section begins on the
	date the large data center project is certified by the comptroller
	as a qualifying large data center project and expires on the 20th
	anniversary of that date, if the qualifying occupant, qualifying
	owner, or qualifying operator, independently or jointly makes the
	capital investment of at least $500 million as provided by
	Subsection (d)(2)(B).
	(g)  Each person who is eligible to claim an exemption
	authorized by this section must hold a registration number issued
	by the comptroller. The registration number must be stated on the
	exemption certificate provided by the purchaser to the seller of
	tangible personal property eligible for the exemption.
	(h)  The comptroller shall revoke all registration numbers
	issued in connection with a qualifying large data center project
	that the comptroller determines does not meet the requirements
	prescribed by Subsection (d). Each person who has the person's
	registration number revoked by the comptroller is liable for taxes,
	including penalty and interest from the date of purchase, imposed
	under this chapter on purchases for which the person claimed an
	exemption under this section, regardless of whether the purchase
	occurred before the date the registration number was revoked.
	(i)  The comptroller shall adopt rules consistent with and
	necessary to implement this section, including rules relating to:
	(1)  a qualifying large data center project, qualifying
	owner, qualifying operator, and qualifying occupant;
	(2)  issuance and revocation of a registration number
	required under this section; and
	(3)  reporting and other procedures necessary to ensure
	that a qualifying large data center project, qualifying owner,
	qualifying operator, and qualifying occupant comply with this
	section and remain entitled to the exemption authorized by this
	section.
	SECTION 2.  Section 151.317(a), Tax Code, is amended to read
	as follows:
	(a)  Subject to Sections 151.1551, 151.359, and 151.3595
	[151.1551] and Subsection (d) of this section, gas and electricity
	are exempted from the taxes imposed by this chapter when sold for:
	(1)  residential use;
	(2)  use in powering equipment exempt under Section
	151.318 or 151.3185 by a person processing tangible personal
	property for sale as tangible personal property, other than
	preparation or storage of prepared food described by Section
	151.314(c-2);
	(3)  use in lighting, cooling, and heating in the
	manufacturing area during the actual manufacturing or processing of
	tangible personal property for sale as tangible personal property,
	other than preparation or storage of prepared food described by
	Section 151.314(c-2);
	(4)  use directly in exploring for, producing, or
	transporting, a material extracted from the earth;
	(5)  use in agriculture, including dairy or poultry
	operations and pumping for farm or ranch irrigation;
	(6)  use directly in electrical processes, such as
	electroplating, electrolysis, and cathodic protection;
	(7)  use directly in the off-wing processing, overhaul,
	or repair of a jet turbine engine or its parts for a certificated or
	licensed carrier of persons or property;
	(8)  use directly in providing, under contracts with or
	on behalf of the United States government or foreign governments,
	defense or national security-related electronics, classified
	intelligence data processing and handling systems, or
	defense-related platform modifications or upgrades;
	(9)  use directly by a data center or large data center
	project that is certified by the comptroller as a qualifying data
	center under Section 151.359 or a qualifying large data center
	project under Section 151.3595 in the processing, storage, and
	distribution of data;
	(10)  a direct or indirect use, consumption, or loss of
	electricity by an electric utility engaged in the purchase of
	electricity for resale; or
	(11)  use in timber operations, including pumping for
	irrigation of timberland.
	SECTION 3.  The change in law made by this Act does not
	affect tax liability accruing before the effective date of this
	Act. That liability continues in effect as if this Act had not been
	enacted, and the former law is continued in effect for the
	collection of taxes due and for civil and criminal enforcement of
	the liability for those taxes.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.