CREATE 2-YEAR PAUSE TO ASSESS FISCAL IMPACT OF $31 BILLION IN CURRENT CHAPTER 313 TAXPAYER OBLIGATIONS

The Networks of Texas IAF Organizations (Texas IAF) urge Texas Senators to vote NO on HB5, the bill to renew the failed and defunct Chapter 313 program. With just a few days to go before the deadline for the Senate to pass House bills, the legislature has no clear path forward for the state’s costliest corporate tax incentive program, which was ended last legislative session with bi-partisan opposition.  HB5 passed out of committee late Sunday with only 6 of 11 votes in favor.

“Though in the past few days there has finally been a real debate on the use of hard-earned taxpayer dollars on corporate giveaways, time has run out to put together an economic development program that protects schools and taxpayers,” said Rosalie Tristan, leader with Valley Interfaith of the Texas IAF. “Legislators and lobbyists had two years to put together a plan, and it’s clear that none exists because school-based corporate tax breaks are a failed strategy that undermines the future of our state.”

SPECIFICALLY, HB5:

BANKRUPTS TAXPAYERS – HB5 would exponentially add to the already $31 Billion in over 900 taxpayer obligated Chapter 313 agreements. $20 BILLION OF THESE AGREEMENTS WERE SIGNED IN THE LAST 6 MONTHS OF 2022 ALONE!

EXPANDS FAILED CHAPTER 313 – Chapter 313 never funded EXPANSION OF EXISTING FACILITIES. HB5 would go beyond relocations and new plants, TO OBLIGATE TAXPAYERS TO POTENTIALLY FUND EXPANSION OF OVER 300 EXISTING OIL, GAS, AND MANUFACTURING PLANTS WITH EXISTING CHAPTER 313 AGREEMENTS!

CONTINUES “STACKING” OF TAX GIVEAWAYS – 72% OF MANUFACTURING PROJECTS (INCLUDING OIL AND GAS) THAT WERE GRANTED CHAPTER 313 AGREEMENTS IN 2022 WERE FOR PROJECTS THAT WON’T BE COMPLETED FOR 6 YEARS OR MORE, AND SOME FOR DECADES INTO THE FUTURE!  HB5 Continues to allow companies to hook state taxpayers to pay for projects that start for years down the line, and for which the companies have no obligation to build.

SHIFTS BENEFITS PRIMARILY TO COASTAL PETROCHEMICAL INDUSTRY – While Chapter 313 at least had its benefits disbursed statewide somewhat across rural, suburban, and urban areas, the new qualifications under HB5 would essentially create a regional program where most qualifying projects would be in the petrochemical industry in the coastal region, but paid for by taxpayers ACROSS THE STATE.

“As several members of Senate Business and Commerce Committee pointed out, companies were well taken care of when existing Chapter 313 agreements nearly tripled to $31Billion in the last 6 months of 2022, often for projects decades into the future,” said Fr Miles Brandon of St. Julian of Norwich Episcopal Church in Williamson County. “That’s nearly a generation of tax giveaways.  Taxpayers and lawmakers deserve a chance to catch their breath and create a more rational and fiscally prudent approach to economic development.”

*The Network of Texas IAF Organizations are non-partisans; institutionally based community organizations whose purpose is to train leaders to organize families around issues which affect their quality of life. The network includes Communities Organized for Public Service and The Metro Alliance and ICAN in San Antonio, The Border Organization, Valley Interfaith in the Rio Grande Valley; TMO in Houston; EPISO and Border Interfaith In El Paso; Austin Interfaith; ACT in Fort Worth; Dallas Area Interfaith; AMOS - Arlington, The West Texas Organizing Strategy; and Beaumont, Port Arthur and Orange.

Press Release [pdf]
Texas Industrial Areas Foundation Network Analysis of Chapter 313 [pdf]
Vote No on HB 5 [pdf]
Texas Industrial Areas Foundation Analysis of "Stacking" Permitted [pdf]
State Senate to Revamp Tax Break Program, Houston Chronicle [pdf]

[Excerpt]

Austin Interfaith, a longtime opponent of the program, shared its dismay with a message directed to House Speaker Dade Phelan and the representatives who voted in favor of the bill.

"You managed to bring back the failed and defunct Chapter 313 program and actually make it worse: worse for taxpayers, workers, schools, and the environment," stated Edie Clark, a leader with the organization. "It is now your corporate welfare bill as it heads to the Senate, which is now the only hope to protect Texas taxpayers. The Texas House of Representatives has officially become a fully functioning subsidiary of 'Texas Incorporated.'"

The organization commended local Reps. Gina Hinojosa, Carrie Isaac, Vikki Goodwin, Erin Zwiener, Ellen Troxclair and Lulu Flores for voting against the bill. "We need to protect our children and our schools," Flores said during a March rally in opposition to the bill. "We also need to make sure that we protect everyday working Texans. I'm here to fight for the rights of everyday people I'm proud to lend my hand and do any heavy lifting I need to do to make sure that working people are protected and supported."

[Photo Credit: Austin Business Journal]

Texas House OKs Revised Corporate Tax Breaks to Replace Chapter 313, Austin Business Journal [pdf]

[Excerpt]

"HB5 takes the failed and destructive Chapter 313 corporate giveaway program and makes it worse: worse for taxpayers, worse for schools, worse for workers, and worse for the environment. It is shameful to think that the Legislature might pass an expansion of a failed and corrupt program that benefited multibillion-dollar multinational corporations to the tune of now $31 billion at the expense of Texas taxpayers and 95% of the students in the state. Rather than creating a real economic development strategy, industry lobbyists are taking crony capitalism to its greatest heights in the form of HB5. House Republicans and Democrats need to stop it in its tracks. Texas taxpayers and voters will be watching." - Jose Guerrero, CTI [Central Texas Interfaith] leader - Austin Business Journal

“As a result of this policy, taxpayers are on the hook for an estimated $31 billion, according to the comptroller.  In a demonstration analysis of “winners and losers,” the Texas IAF took the $1billion a year that taxpayers spend on Chapter 313 agreements, and instead ran it through the per student funding formulas for each district in the state. We found that 95% of students in Texas are in districts that lose potential funding because corporations are not paying their fair share of taxes due to Chapter 313 agreements.”  - Eloiso Davila, EPISO/Border Interfaith leader - El Paso Matters

New Texas Incentives Program Tweaked as It Advances at Capitol, Austin Business Journal [pdf]

Opinion: Texas Shouldn’t Bring Back this Corporate Welfare Vampire, El Paso Matters [pdf]

Labor allies, environmental groups and public policy nonprofits have joined the Texas IAF-led effort to oppose the renewal of Chapter 313.  And this week, independent editorials opposing the bill have been published by the Houston Chronicle and Austin American Statesman.

[Photo Credit: Mark Mulligan, Houston Chronicle] 

Dracula from Transylvania (played by Everett Lunning of Central Texas Interfaith) testifies that he loves HB 5 because it has risen from the grave to suck the lifeblood out of the Texas public and economy.     

[Excerpt]

More than 50 Central Texas Interfaith leaders joined nearly 200 clergy and leaders from across the Texas IAF network to participate in a statewide Legislative Advocacy Day on March 21. They addressed several issues important to them, but focused on one, opposing the reauthorization of the Chapter 313 “Vampire Fund” and what they termed any “school-based corporate tax giveaway program.”

[Excerpt]

The Network of Texas IAF Organizations, a labor and faith coalition that has staunchly opposed using school property tax breaks for incentives... railed against the Texas Jobs and Security Act.

"It looks like it was written on the back of a napkin,"

stated Jose Guerrero, a leader with Central Texas Interfaith from Saint Ignatius Catholic Church.

The organization believes the proposed bill would have even less regulation than Chapter 313, including the exclusion of minimum job requirements as a key factor in a project's eligibility for approval. "It is hard to imagine that they would propose a program with even less accountability, fewer specifics (like no job requirements), and more leeway for companies to take taxpayer dollars from school children to line their pockets," Guerrero stated.

[Excerpt]

"In December, legislators killed a controversial tax abatement program known as Chapter 313, but its effects will last decades....

“There’s no accountability at the statewide level; nobody administers it,” said Bob Fleming, an organizer with [T]he Metropolitan Organization of Houston who campaigned against Chapter 313 reauthorization back in 2021. “A bunch of local school districts make singular decisions based on what they think is in their interest. Nobody is looking out for the statewide interest. Local school districts are overmatched when the $2,000 suits walk into the room.” ....

“It’s a perverse incentive,” said Doug Greco, lead organizer at Central Texas Interfaith, one of the organizations that helped shut down reauthorization of Chapter 313 in the 2021 legislative session.

“We approach it on a school funding basis,” said Greco, who is already gearing up to fight any Chapter 313 renewal efforts in 2023. “It’s corporate welfare and the people who pay over time are Texas school districts.” ....

“The district my granddaughter goes to is losing $4 million to $5 million every year,” said Rosalie Tristan, referring to Edinburg Consolidated Independent School District. Tristan is an organizer with the community organization Valley Interfaith who lives north of McAllen in the Rio Grande Valley.

“They could be using that money to get more teachers for these students,” she said. “For a parent, or for a grandparent raising her granddaughter, it’s a hit in the gut.”

[Photo Credit: Pu Ying Huang, The Texas Tribune]

Critics Say State Tax Break Helps Petrochemical Companies and Hurts Public Schools, The Texas Tribune [pdf]

[Excerpts]

"The Austin ISD school board has voted against a multi-million dollar tax break for NXP, a semiconductor company... 

"It is not fair that those who have the greatest ability to pay are the ones who don't want to pay a dime," Rev. Minerva Camarena Skeith of Central Texas Interfaith said. 

The tax break called the appraised value limitation, or 313 agreement, lets potential businesses build property and create jobs in exchange for a 10-year limit on the taxable property value for school district maintenance and operation. 

"We want more dollars for AISD and for every school district in this state. We want every child to have every opportunity they need," Rev. Miles Brandon with Central Texas Interfaith said."

Austin ISD School Board Rejects Tax Break for Semiconductor Company, Fox 7 Austin

Austin ISD School Board Denies Tax Break for Semiconductor Company NXP with Narrow Vote, KVUE ABC

Austin ISD Board Considers Chapter 313 Tax Break for Semiconductor Company NXP, KVUE ABC

NXP Fails to Gain School District Tax Incentives for Possible Factory Expansion, Austin Business Journal

With Weeks to Spare, Austin ISD to Vote on NXP Incentives, Austin Business Journal

AISD Board to Vote on Contested Tax Breaks for Billion-Dollar Semiconductor Company, KXAN

Central Texas Interfaith Commends AISD Board for Rejecting Chapter 313 Deal with NXP, Central Texas Interfaith [pdf]

[Excerpt]

We, the undersigned, call on all AISD Trustees and Trustees-Elect to end consideration of NXP’s $100Million Chapter 313 property tax break application to the Board. While we want economic development and good jobs in Central Texas, Chapter 313 prohibits school boards from requiring high living wage and worker safety standards as part of these agreements, unlike city and county incentives in which good job standards can be negotiated. Chapter 313 is a failed corporate giveaway program that was killed in the last legislative session by Central Texas Interfaith/Texas IAF, the Texas AFL-CIO, and other union and advocacy groups.  Central Texas Interfaith calls on all AISD trustees to vote against NXP’s Chapter 313 application to the Board.  

Chapter 313 is Texas’ largest corporate welfare program which costs taxpayers over $1 Billion annually, money which could be going to public schools and other public needs.  Not only do corporations get out of paying most of their property taxes (for 10 years) they would otherwise owe for our schools, but the state must replace that revenue with taxes collected from all Texans. The current legislation ends in December of 2022, which has led to a “gold rush” of over 450 applications, which could cost taxpayers as much as $10 Billion/year. Not only do state taxpayers foot the bill for this with state taxes; over time, local taxpayers and businesses will also be paying more. With the support of Central Texas Interfaith and its sister organization Valley Interfaith, school boards in Elgin ISD and Port Isabel ISD school have rejected Chapter 313 applications, as well as several other districts. We urge AISD to do the same....

Full Statement from Faith, Labor and Policy Organizations