Two Years of Texas IAF Opposition Leads to Reforms to Limit Giving School Money for Corporate Tax Breaks 

The Texas Senate and House passed a compromised version of HB5 that still fundamentally represents misguided economic development to the benefit of out of state corporations that would come here for other factors anyway.  This perpetuates a corporate welfare state which Chambers of Commerce and industry groups could never prove otherwise.

However, a 2-year campaign by Texas IAF and allies led to some major reforms in HB5 compared to the now defunct and failed Chapter 313 program.  When these tax abatement deals are proposed at local school districts, there will now be a fair fight for taxpayers and public school supporters concerned about corporate welfare.  HB 5 Reforms to Chapter 313 include:

House Bill 5 heads back to Texas House for reconciliation.

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We believe that a strong economic development strategy is the result of investments in education, workforce, and strong communities,

stated Edie Clark, a representative of [Central Texas] Interfaith, a nonpartisan organization of religious congregations, public schools and unions that advocates for families and is critical of school property tax incentives. "They voted to continue to support subsidizing corporate welfare on the backs of schoolchildren and taxpayers."

[Central Texas] Interfaith claimed its two-year campaign in opposition to the program helped eliminate direct payments to school districts and increased job creation requirements for Chapter 403

"These reforms were all meant to respond to our criticisms of the program," Clark said. "We commend the senators who had the courage to vote against this failed program. We look forward to seeing what the speaker and House think of this version of the bill."

Texas Lawmakers on Cusp of Reviving School Property Tax Breaks for Big, Expanding Businesses, Austin Business Journal [pdf]

Texas Senate Passes Bill Bringing Back Corporate Property Tax Breaks, Dallas Morning News 

Statement on Texas Passage of HB 5, Central Texas Interfaith

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]

Less than a day after a bill that would raise the age to legally purchase semi-automatic rifles unexpectedly passed through Committee, Texas IAF leaders learned that Representative Guillen (from Rio Grande City) appeared to be actively suppressing House Bill 2744 from being heard on the floor.  Delayed submission of the Committee report resulted in the bill missing a crucial deadline for it to put on the Calendars schedule for Thursday -- the last day to hear new bills. 

Leaders from across the state held an emergency press conference calling on Guillen and the Texas House Speaker to allow the bill to be heard, and for Calendars.    

“Guillen and Burrows should...let the representatives vote their conscience on the House floor. Overwhelmingly, Texans support increasing the age limit of when people can buy assault weapons,” Rev. Minerva Camarena-Skeith from Central Texas Interfaith asserted. 

“We’re very, very angry at what’s going on, with them holding this bill hostage,” Valley Interfaith leader Rosalie Tristan of Raymondville told the Rio Grande Guardian. 

“We know that there’s five hours left to go before this bill — which is a small step but it is a beginning of a good step — will die,” said Sonia Rodriguez of COPS/Metro Alliance. “Something has to be done and it has to be done now.”

After the deadline was missed, COPS/Metro leaders announced "it's not too late for Speaker Phelan to bring it to the floor for debate and vote." 

"How many more children have to die before we act?" demanded TMO leader Bishop John Ogletree. 

[Photo Credit: Blaine Young, Texas Tribune]

'Raise-the-Age' Gun Bill Misses Crucial Deadline, Texas Tribune [pdf]

Valley Interfaith: Guillen is 'Actively Suppressing' Assault Rifle Age Bill from Reaching House Floor, Rio Grande Guardian [pdf]

Raise the Age Gun Bill in Peril as Texas House Deadline Looms, KXAN [pdf]

Lubbock and Valley Legislators Block Assault Rifle Age Limit Bill, HB 2744, from Reaching the Floor of Texas House, Texas IAF [pdf]

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"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]

[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]

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"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

Reverend Minerva Camarena Skeith of St. John's Episcopal Church explains to Jon Stewart how Central Texas Interfaith/Texas IAF organizations fight corporate incentives that negatively impact public budgets, including schools.

“What’s happening right here, right now, very powerful.” -- Jon Stewart

In a Behind the Scenes Cut, Rev. Minerva Camarena-Skeith describes how communities can organize.  

Full episode and panel discussion streaming on Apple TV+.

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State Lawmakers Discuss Bringing Back Tax Incentive Program for School Districts, KVUE [pdf]

Clock is Ticking on Texas' Chapter 313 Incentives -- and Major Projects May Miss Out, Austin Business Journal [pdf]