San Antonio Express-News (Sunday)

UNFAIR BURDEN

Under Chapter 313, taxpayers pick up companies’ tab

- By Mike Morris, John Tedesco and Stephanie Lamm STAFF WRITERS

Cover Story: Texas companies save billions in taxes as individual taxpayers shoulder the load.

As millions of Texans struggle with the economic devastatio­n of COVID-19, the biggest corporate tax giveaway in Texas has helped businesses cut more than $10 billion from their property taxes — and there are no limits on the program’s exponentia­l growth.

The gusher of tax incentives is flowing to firms ranging from petrochemi­cal plants on the Gulf Coast to sprawling wind farms in the Panhandle. Companies are saving billions by promising to bring their business to Texas — even if evidence suggests some never would have gone anywhere else.

Meanwhile, nothing has changed during the pandemic for Texas homeowners who must pay their property tax bills on time or face stiff penalties.

For renters, it took Texas until mid-February, nearly a year after the pandemic hit, to launch a rental and utility assistance program. It was plagued for months by long waits.

“We’re living paycheck to paycheck,” said Dulce Cramer, who was laid off from her new job in Houston last year when the pandemic began.

Cramer said she was denied state unemployme­nt benefits while her husband’s employer cut his hours, and they could

barely afford the rent at their apartment.

“It was hell,” she said.

It’s a far different story for the energy and manufactur­ing companies that qualify for assistance under an obscure section of the Texas Tax Code called Chapter 313.

Twenty years ago, state lawmakers created the program in response to unfounded fears that Texas was losing bidding wars with other states to attract new business. Since then, the program has ballooned into the largest corporate tax incentive in Texas.

In the legislativ­e session that ended last Sunday, Texas lawmakers

beat back efforts to renew the giveaway. The program is set to expire in December 2022 — unless Gov. Greg Abbott puts its renewal on the agenda of a much-anticipate­d special session and it passes.

Here’s how it works: An eligible company that promises to spend, say, $200 million on a manufactur­ing plant can apply for a Chapter 313 incentive and lower the appraised value of its property on a school district’s tax rolls, erasing millions of dollars in property taxes over the course of a decade.

With more than 500 active projects in Texas, the program has become more popular than ever. State officials predict it will cost nearly $10.8 billion in tax breaks over the life of each project, according to a report on the program that covers all active deals through early 2020.

Since then, some projects have dropped out of the program, but records recently released by the comptrolle­r’s office show another 90 projects have since been approved that will save companies an additional $900 million.

To make up for the taxes these companies are not forced to pay, the Legislatur­e must allocate more general revenue — the taxes all Texans pay — to public education, leaving fewer dollars not only to increase school spending but to build roads, provide health care and fund other vital services.

In essence, Chapter 313 asks all Texas taxpayers — renters, homeowners and small business own

ers — to help some of the world’s largest companies get a discount on their taxes.

“What we’re doing is building a two-tiered tax system where large industrial companies get a discounted tax rate and small businesses and homeowners pay full freight,” said Dick Lavine, a senior fiscal analyst with the left-leaning research group Every Texan and a longtime critic of the program.

Supporters say Chapter 313 has lured major employers to Texas — companies such as Samsung, Toyota and Tesla. They contend the tax breaks create high-paying jobs and encourage manufactur­ing and energy companies to make marquee investment­s here.

“We brag about how we don’t have a personal income tax in Texas. We make up for that with very high property and high sales taxes,” said Dale Craymer, president of Texas Taxpayers and Research Associatio­n, which has long supported the program. “Those high property taxes not only burden homeowners, but it also creates a substantia­l barrier against new capital investment, so 313 helps reduce that barrier to new investment.”

But a Hearst Newspapers review of thousands of pages of state documents, corporate filings, reports and audits going back nearly two decades shows the program often falls short of its goals. It also functions without the guardrails lawmakers insist they have enacted to ensure the tax burden does not needlessly shift from major companies to individual taxpayers.

Among the Hearst Newspapers’ findings:

• Chapter 313 does create jobs — but at a steep price. By even a conservati­ve measure, Texas is paying $211,600 in tax incentives for each job created under the program. Using a different metric cited in the past by state officials, the cost per job tops $1.1 million.

• At least 30 companies failed to fulfill their job-creation promises since 2019 but faced no repercussi­ons. Their tax breaks stayed intact, and they paid no fines.

• As long as companies phrase

 ?? Mark Mulligan / Staff photograph­er ?? Mark Varnado has owned his home in Mont Belvieu since the 1990s. Varnado fell behind on his property taxes while dozens of companies near him receive tax breaks.
Mark Mulligan / Staff photograph­er Mark Varnado has owned his home in Mont Belvieu since the 1990s. Varnado fell behind on his property taxes while dozens of companies near him receive tax breaks.
 ??  ?? Enterprise Products, owner of this Mont Belvieu facility, received tax breaks for nine fractionat­ors. It announced two were “under constructi­on” before seeking tax breaks to build them.
Enterprise Products, owner of this Mont Belvieu facility, received tax breaks for nine fractionat­ors. It announced two were “under constructi­on” before seeking tax breaks to build them.
 ?? Mark Mulligan / Staff photograph­er ??
Mark Mulligan / Staff photograph­er

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