Houston Chronicle

Comptrolle­r moves to limit incentives data

Texas corporate tax breaks program expiring, but over 100 deals likely to still get approval

- By Mike Morris and John Tedesco

Texas Comptrolle­r Glenn Hegar is proposing to reduce the informatio­n his office collects on the state’s largest corporate incentive program, hindering lawmakers and the public from understand­ing the value of the tax breaks and the program’s future cost to the state.

Hegar’s office said limiting reporting related to Chapter 313, a provision of the state tax code that gives manufactur­ing and energy companies deep discounts on school property taxes, is a natural result of the Legislatur­e not renewing the law earlier this year. The program, which was the subject of a Houston Chronicle investigat­ion, will expire at the end of 2022.

Much of the program’s cost to taxpayers, however, is still to come. Companies with active deals in early 2020 were projected to receive $10.8 billion over the 10-year life of their agreements.

More than 76 percent of that cost was projected to come after 2019.

And the cost will only grow in the months to come: The comptrolle­r is on pace to get a near-record 140 applicatio­ns this year, with most submitted after it was clear lawmakers would let the program expire. Nearly all of these requests will likely be approved — the Chronicle investigat­ion found the comptrolle­r’s office denied less than 2.5 percent of all applicatio­ns.

“We know there’s going to be a flood of applicatio­ns between now and the end of next year,” said Dick Lavine, senior fiscal analyst for the progressiv­e nonprofit Every Texan. “What we know now is probably just the tip of the future iceberg. It’s going to be draining property tax revenue for years and years to come.”

The comptrolle­r’s proposal, on

which the public can comment until Dec. 19, would reduce the informatio­n companies must report on forms that are filed every other year and posted on the office’s website.

The new forms would collect only investment, appraisal and tax data from the prior two years, rather than including comprehens­ive informatio­n from the start of the agreement and projection­s extending beyond the end of the tax breaks.

The revisions would remove the total value of the companies’ tax breaks and the deals’ future costs and reduce informatio­n about jobs and wages at each project.

The comptrolle­r’s proposal would make it entirely or practicall­y impossible to replicate key findings from the Chronicle’s investigat­ion. Among them: The program’s projected $10.8 billion cost; that Texas is paying $211,600 in tax incentives for each job created; and the projects that had returned fully to the tax rolls by 2019 did so at just 41 percent of their peak values.

Comptrolle­r spokesman Chris Bryan also said the agency plans to stop producing a spreadshee­t that was the only source of centralize­d data on the agreements, and on which analysts and journalist­s relied to evaluate the program.

Companies would still submit two annual forms with some additional details on jobs and wages, one to the comptrolle­r and one to school districts. The comptrolle­r views the former as confidenti­al, however, and proposes to stop collecting and posting the latter, forcing the public to request records from scores of districts to gather the same data that is now available online. Bryan said this change seeks to end the “duplicativ­e requiremen­t of maintainin­g the informatio­n in multiple places.”

Carine Martinez, research director of the conservati­ve Texas Public Policy Foundation, disagreed.

“That would make it very burdensome for people looking into the data — whether it’s researcher­s, legislativ­e staff, think tanks — to see the impact of the program,” she said.

Bryan said the informatio­n left after the proposed changes would still exceed the minimum required by law and the data available on other Texas incentive programs.

“Producing the estimates is time consuming, costly and challengin­g for districts and companies due to ever-changing market and economic conditions, and the distant projection­s likely do not represent the future program conditions,” Bryan said.

The point of gathering that data, Bryan said, “was to evaluate the impact of proposed legislativ­e changes each session. With the expiration of the program, there is no longer a need to estimate the impact of legislativ­e changes to a program.”

The comptrolle­r’s office still will estimate the program’s future cost in a biennial report tallying the value of Texas tax exemptions, Bryan said. The most recent report estimated Chapter 313’s cost at $6.1 billion from 2021 through 2026.

Bryan also cast the changes as a way to lessen administra­tive burdens for comptrolle­r staff and the companies, given that “the proposed rule replaces the paperbased reporting system with an online system.” The forms the rule change would replace, however, must already be submitted electronic­ally, according to the comptrolle­r website; paper forms are “no longer accepted.” Bryan later clarified that the office’s “overall effort” seeks to reduce the use of electronic copies of paper forms.

At a recent conference of the Texas Taxpayers and Research Associatio­n, many of whose members have Chapter 313 agreements, senior comptrolle­r aide Robert Wood said he anticipate­s a surge of applicatio­ns. He added that the proposed reduction in reporting is partly “so we have staff in order to process as many of these applicatio­ns through 2022 as we can.”

Sen. José Menéndez, D-San Antonio, said this concerns him.

“Transparen­cy and accountabi­lity to taxpayers is paramount, and I’m sure if the comptrolle­r needed additional staff to keep up with the applicatio­ns that he would get that, knowing that we need to have the data to make sure people truly qualify for this incentive, that it wasn’t just something that was being given, that we couldn’t justify the investment,” Menendez said.

Sen. Lois Kolkhorst, R-Brenham, who has repeatedly filed bills to improve Chapter 313 data, echoed that point.

“While modernizat­ion and efficiency in government is required, the new rules need to ensure that taxpayers continue to have access to the data,” Kolkhorst said. “Taxpayers deserve to see the size and impact of these types of incentives.”

Lawmakers have found value in some of the data the comptrolle­r’s proposal would eliminate or make more difficult to analyze.

The comptrolle­r’s office this year used existing program data to estimate that a bill to extend Chapter 313 by a decade would have cost Texas an additional $45 billion through 2049, a “huge” figure that one lawmaker called a “lightbulb moment.” The program’s price tag was one reason why the Legislatur­e let Chapter 313 die this year.

And Gov. Greg Abbott cited the program’s cost per job as a reason for vetoing a 2015 bill that would have expanded it.

2023 resurrecti­on?

The proposed changes do not remove the need for companies or the comptrolle­r to make detailed financial projection­s.

Companies in their applicatio­ns routinely reference their own financial analyses in arguing that the tax break would be “a determinin­g factor” in their decision to build the project in Texas, as the law requires. The law also requires the comptrolle­r to determine that each project will generate more tax revenue in the 15 years following the end of its tax breaks than it would save during the 10-year abatement. The agency publishes these projection­s in the packets it issues on each deal, but does not make the data available in spreadshee­t format nor in a central database.

Still, the changes would lessen administra­tive headaches over the life of each agreement, said Dale Craymer, who runs the tax research group to which Wood spoke.

“Companies do a long-term forecast as they’re evaluating sites, but once a site is chosen and the company locates there they’re not doing a constant re-estimate,” Craymer said. “What the proposal would eliminate is the requiremen­t that the company do revised projection­s specific to that facility. That’s not something that’s commonly done.”

Craymer also argued the projection­s were of limited use because they had large margins of error, and said the jobs data has always been incomplete because it omits constructi­on jobs.

“I’m not seeing where somehow we’re cloaking the program in the dark,” he said.

State Sen. Drew Springer, RMuenster, also questioned the accuracy of long-term financial projection­s.

But if the death of Chapter 313 prompted state officials to reduce the program’s reporting requiremen­ts, that rationale could prove to be short-lived. Springer predicts lawmakers will resurrect an altered version of the policy during the next legislativ­e session in 2023.

“There are some people who just don’t like any 313s,” he said. “The problem is, we’re not only competing with 49 other states, we’re competing with the rest of the world.”

 ?? Mark Mulligan / Staff photograph­er ?? Many companies with facilities in Mont Belvieu have received property tax breaks under the Chapter 313 program.
Mark Mulligan / Staff photograph­er Many companies with facilities in Mont Belvieu have received property tax breaks under the Chapter 313 program.

Newspapers in English

Newspapers from United States