Texas IAF: Resurrecting Tax Giveaway Program is a Bad Idea for Texas
[Excerpt]
Chapter 313 was one of the country’s worst examples of crony capitalism, funneling billions in Texas taxpayer dollars to out-of-state interests. The program still costs Texas taxpayers over $1 billion a year in tax breaks to major oil, gas and manufacturing companies — money that could go to educating our children.
Dallas Area Interfaith, the Texas IAF, allies and a bipartisan group of legislators killed the reauthorization of Chapter 313 in the 2021 legislative session. Rather than leaving the program in the grave, industry groups are actually proposing to resurrect Chapter 313 this legislative session and make it worse in the form of House Bill 5.
Last September, in a House Ways and Means Committee hearing, industry groups painted an apocalyptic vision of Texas’ economy without Chapter 313. Their statements were based on opinion. Fortunately, we can look to Louisiana to see if their fears are merited.
In 2016, Louisiana reformed its version of Chapter 313, the Industrial Tax Exemption Program. The reforms generated $760 million in new tax revenue for schools and other public entities with no negative impacts on jobs. In fact, capital expenditures grew after the reforms.
Louisiana’s experience mirrors studies on economic development incentives. The Upjohn Institute found that “75% to 98% of the time, the same decision would have been made without the incentive.”
Similarly, a 2017 University of Texas study of Chapter 313 estimated that between 85% and 95% of Chapter 313 projects would have been located in Texas without the incentive. These incentives matter much less than other factors such as the labor force, education, infrastructure and access to markets and materials.
[Image Credit: NewsArt.com/Chris Van Es]
Paying for the 'Texas Miracle', Dallas Morning News [pdf]
Texas House Passes Plan to Bring Back Corporate Property Tax Breaks for Major Projects, Dallas Morning News [pdf]
Texas IAF Rally Takes On "Vampire" Chapter 313 Legislation
[Excerpt]
A surprising legislative success in 2021 is on track to be undone in 2023, unless a grass roots left-right coalition can block legislation and the forces behind it that are trying to go backward....
In the name of jobs and economic development, a 2012 tax code trick called Chapter 313 essentially funneled state money, via school district property tax breaks, to private companies doing new industrial construction. The school districts that granted tax breaks under Chapter 313 were reimbursed — and many still are being reimbursed — by the state, meaning we as taxpayers reimbursed them. It was the ultimate insider game of channeling public benefit to private companies.
The [Texas] Industrial Areas Foundation cleverly brought a man dressed as Dracula to its rally to dramatize how Chapter 313 unfairly drained school districts of funds and that reviving this bad economic development deal would be akin to raising the undead.
Read moreTexas IAF Halts Chapter 313 Deals in Austin and Dallas
Central Texas Interfaith
[Excerpt from FOX 7 Austin]
"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]
Dallas Area Interfaith
[Excerpt from Dallas Morning News]
"Amid pressure from community advocates, the Dallas schools administration pulled a vote to approve a property tax break for a manufacturing company just before trustees were to weigh in on it Thursday night.
The Texas Economic Development Act – commonly referred to as Chapter 313 based on its position in the tax code – will expire at the end of the month. Companies across Texas are rushing to get deals approved with school districts and lock-in tax abatements ahead of the deadline...
“Does it make sense to continue to grant certain large corporations these huge tax breaks?” Dallas Area Interfaith leader Bill deHaas said ahead of the meeting. “We already know that we have a crunch on educational spending.”
Dallas ISD Punts Tax Break Ask from Manufacturing Company Ahead of Chapter 313 Expiration, Dallas Morning News
As Deadline Approaches, CTI Persists in Push Against NXP Tax Break
[Excerpts]
“While we want economic development and good jobs in Central Texas, these agreements prohibit school boards from enacting 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,” said Carlota Garcia of the Central Texas Interfaith organization.
Garcia said these agreements are “Texas’ largest corporate welfare program, which costs taxpayers over $1 billion annually—money that could be going to public schools and other public needs. The state must replace the revenue that the corporations get out of paying in property taxes for 10 years by collecting more taxes from all Texans.”
-Community Impact
“We’re not anti-economic development,” said the Rev. Miles Brandon of St. Julian of Norwich Episcopal Church and member of Central Texas Interfaith. “We believe that all of the dollars we can possibly put together in this state should go to educate our children.”
-Austin Business Journal
“We are a part of the AISD community,” Brandon said. “We implore you to choose your advocates and partners over corporations. It makes certain there will be $100 million less to fight for. It is in our children’s best interest now and in the future.”
-Austin American Statesman
[Photo Credit: Community Impact]
Possible Chapter 313 Agreement Between Austin ISD, NXP Draws Criticism, Community Impact [pdf]
Austin ISD to Vote on NXP Semiconductor's $100M Tax Break, Austin Business Journal [pdf]
Time Ticking for Austin School Board to Vote on Proposed Tax Breaks for NXP Semiconductors, Austin American Statesman [pdf]
Texas IAF Fight Against Corporate Welfare Featured in The Problem With Jon Stewart
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+.
Port Isabel School District Votes Down Ch. 313 Tax Break After Valley Interfaith & Allies Speak Out
At the Point Isabel ISD Board meeting, Texas LNG sought last-minute approval for tax abatement through the expiring Chapter 313 program. Leaders from Valley Interfaith, alongside allied organizations, made the case to the board.
[Excerpt]
On a unanimous vote Tuesday night, the school district voted not to go forward with the applications.
Several Port Isabel area residents voiced opposition, both to Texas LNG on environmental grounds, and to the abatements, saying Texas LNG deserves to have to pay its fair share of taxes.
Valley Interfaith and the other objectors said Texas LNG doesn’t need the abatement because the project has been planned for years and the company has already decided to build the facility here.
“Valley Interfaith congratulates the superintendent and PIISD Board members for their willingness to look at the facts and reject this application for huge tax abatements for an LNG export terminal they
have long planned to build in the Port of Brownsville area,” said Father Kevin Collins, O.M.I. pastor of S. Eugene of Mazenod Church in Brownsville and Valley Interfaith. “They don’t need to take money from Texas school children to build a profitable LNG export facility at a time when the whole world is clamoring for liquified natural gas,” Collins said.
Point Isabel School District Rejects Texas LNG Tax Abatement, The Brownsville Herald [pdf]
Texas IAF Sounds the Alarm: Chapter 313 Loopholes Will Cost State Billions
Last year Texas IAF organizations led the charge to end Chapter 313, a program that had given away $10 billion in windfall tax breaks for corporations. However, hundreds of Chapter 313 applications are being filed in the rush to get in before the end of the program, including some with projects slated for decades from now.
[Excerpts]
“It’s like hogs at the trough,” said Bishop John Ogletree, an official with the faith-based Texas Industrial Areas Foundation, which has opposed the arrangements.
Meanwhile, lawmakers and interest groups have begun discussing how to craft a replacement during next year’s legislative session to keep the tax breaks flowing.
The Chapter 313 deals — named for their location in the state tax code — let companies slash 10 years worth of school property tax bills they otherwise would owe on newly constructed factories and energy projects.
Over the past decade the state comptroller’s office has received an average of about 90 applications annually from companies seeking the subsidy.
Since the Legislature adjourned at the end of May 2021, by comparison, records show companies have filed requests for more than 460 new tax breaks — about 400 in the past five months alone.
Typically, companies sought Chapter 313 tax breaks for projects two to four years in the future, with the occasional oil and gas facility taking six or seven years to complete. Since last May, however, companies have applied for 120 of the subsidies for facilities not scheduled to open until at least 2028. At least 10 won’t be online for a decade or more.
Despite the program’s demise, applicants “have figured out how to extend it,” said Rev. Minerva Camarena-Skeith, of Central Texas Interfaith.
Their strategy seems to be, “Just in case, let’s get 10 years of requests in in one year,” added Bob Fleming, of The Metropolitan Organization, the Houston branch of the Texas Industrial Areas Foundation. “I don’t know anybody who can forecast their needs 30 years out.”
....by slow-walking the end of a program they said was giving away too much money to corporations at the expense of Texas taxpayers, legislators have now put the state on the hook for billions of additional tax breaks that Texans will be paying off well into the middle of the century.
[Photo Credit: Mark Mulligan, Houston Chronicle]
Lawmakers Killed a Costly Corporate Tax Break Program, but Loopholes Will Still Cost Texas Billions, Houston Chronicle [pdf]
CTI Explains How Chapter 313 Harms Texas Schools & Residents
[Excerpts]
"This takes money away from children's education and gives it to corporations, and that is a nonstarter," said Mother Minerva Camarena Skeith, [Reverend of] St. John's Episcopal Church in North Austin. "The corporation was the one that would have been their responsibility as part of our community to do their fair share of investing into our children. Right? And they have abdicated that. They just don't do that. Then we have to pick up the slack."
With Chapter 313 set to expire at the end of the year, the state's comptroller office has received a record number of applications. Since Jan. 1, 2022, school districts sent in 393 company Chapter 313 applications. In any given year before this, the office received maybe 150 applications.
"If all these things get approved, like, we could bankrupt the state," Rev. Miles Brandon worried.
"Anybody who's fiscally conservative at all should have a have a real problem with the unlimited nature of 313."
State Sees Rush of Tax Break Applications as Program Soft Deadline Approaches, KVUE [pdf]
Friends of the Land, Bastrop Interfaith, Oppose Dogwood Creek Solar 313 Application to Elgin ISD, Elgin Courier [pdf]
Central Texas Interfaith Opposes Chapter 313 Tax Subsidy to NXP
[Excerpt]
NXP Semiconductors, which is based in the Netherlands and has two fabrication plants in Austin, is seeking tax breaks from the Austin Independent School District under the state's Chapter 313 incentive program for proposed expansion. An initial presentation to the district's board Tuesday night didn't specify the amount, but previous incentives agreements from Texas school districts for similar Chapter 313 deals have been for tens of millions of dollars.
The Chapter 313 incentives program — which is named after a portion of the tax code — has been controversial. It's set to expire at the end of this year because state lawmakers declined to renew it during last year's legislative session, although deals struck before then won't be affected....
Under the Chapter 313 program, school districts are reimbursed by the state for the corporate tax breaks they agree to provide. That attribute has made Chapter 313 controversial among critics who say school districts have no reason not to grant them, and that the program siphons money from taxpayers statewide as handouts to corporations.
“There's no such thing as free money," said Doug Greco, lead organizer with Central Texas Interfaith, a group that opposes all Chapter 313 deals and has worked to help end the program.
“It's money that is being drained out of the state budget that could be going to schools," Greco said. "When you add these (deals) up, it's just a drain on the system that we can't sustain. Let's stop the gold rush here."
[Photo Credit: Mark Matson, Austin American Statesman]
Chipmaker NXP Considers Austin for $2.6 Billion Expansion, Up to 800 New Jobs, Austin American Statesman [pdf]
Together Louisiana Fights to Keep Corporate Tax Breaks in Check
Together Louisiana is pressing for a bill that would retain local government say in the Industrial Tax Exemption Program (ITEP), the corporate tax break that has cost local communities billions in past tax revenues.
Excerpt:
Stephanie Riegel, a former journalist who is working for Citizen Voice, the advocacy arm of Together Louisiana, to push the bill, said there’s no evidence Louisiana is losing jobs over the changes made by [Gov.] Edwards, while locals are indisputably seeing more money flowing into their coffers. The governor’s changes allowed locals to keep 20% of tax revenue from new investments; industry gets an 80% exemption, down from 100% previously. It also gives local governments the ability to approve or reject exemption requests, where previously that authority rested wholly with the state Board of Commerce and Industry, whose members are appointed by the governor.
A Together Louisiana analysis found property tax revenue statewide increased by at least $262 million from 2016 to 2021, money that went to schools, law enforcement and other local services. The figures are preliminary and based on a review of about 90% of the exemptions over that period, meaning it’s likely a conservative estimate.
[Photo Credit:The Advocate]