Dick Lavine Profile picture
May 17 12 tweets 8 min read
@AustinISD is considering granting #Chapter313 tax breaks to @NXP for two new plants. Long thread follows. #txlege #txed 1/
The districts says this “would be considered a net benefit to Austin ISD, especially due to their 'Property Wealthy' status and their standing as the largest single-payer in the State's 'Recapture' system." bit.ly/3MDHuK9 #txlege #txed

AISD gets this wrong. 2/
The amount paid in recapture has NO EFFECT on net district revenue. It will get only its “entitlement,” which is based on attendance and student characteristics, regardless of amount of recapture. #txlege #txed 3/
Don’t forget: all recapture money is required by statute to be used by the state to aid other school districts. #txlege #txed 4/
TX Education Code Sec 49.154 (b) Receipts shall be deposited in the state treasury and may be used only for foundation school program purposes bit.ly/3wjKk12 #txlege #txed 5/
If NXP builds in Austin (where it already has two facilities) w/o a tax break, the property taxes it pays will be recaptured and spent by the state to help other school districts. #txlege 6/
If AISD gives NXP a #Chapter313 tax break, NXP saves tens of $millions a year and there is less recapture to distribute to other districts. AISD would still get only its entitlement under school finance formulas, for no net benefit. #txlege #txed 7/
Except that AISD could get $100 per student per year in kickbacks (“supplemental payments”) from NXP. So would AISD deprive other school districts of tens of $millions a year so it can get these small payments for itself? #txlege 8/
A separate thought experiment: What if all those downtown Austin towers were to suddenly disappear? AISD total property value would drop, as would its recapture payments. But AISD wouldn’t benefit, still getting only its entitlement under school-finance formulas. #txlege #txed 9/
Here’s a twist. If downtown disappeared, the rate of value growth in AISD would drop, so tax rate “compression” required by HB 3 would be less => homeowners and small business would pay more. #txlege #txed 10/
So if AISD gives NXP a #Chapter313 tax break, recapture would be less than if NXP came w/o a break => value growth would be less => tax compression would be less => homeowners would pay more. #txlege #txed 11/
So who wins under a #Chapter313? The company, a lot (huge cut in tax bill). The district, a bit ($100/student). Who loses? Other property owners (less tax compression). Other school districts (less recapture for distribution). #txlege #txed 12/

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More from @dlavine

May 22, 2021
Houston Chronicle editorial: Ordinary Texans are regularly expected to bear the burden of $billions in corporate welfare to some of America’s wealthiest companies under the false premise that we’re all benefiting somehow.

houstonchronicle.com/opinion/editor… #Chapter313 #txlege #txed 1/21
While the arrangement is sold as a way to lure new business to Texas and create well-paying jobs, a Chronicle investigation, Unfair Burden, revealed how #Chapter313, the state’s biggest tax incentive program is a wasteful boondoggle.

houstonchronicle.com/opinion/editor… #txlege #txed 2/21
The #Chapter313 program, named for the section of the Texas Tax Code that enables it, lets companies keep a portion of their property values off of school district tax rolls for a decade. #txlege #txed 3/21
Read 21 tweets
May 22, 2021
Texas’ Largest Corporate Welfare Program Is Leaving Companies Flush and School Districts Broke

#Chapter313 program offers steep discounts on property taxes to attract big industrial projects that are supposed to pay off over the long term.

texasobserver.org/texas-largest-… #txlege 1/9
But by the time these projects return to the tax rolls, much of that value has disappeared. #txlege created the #Chapter313 program 20 years ago in response to fears that high property taxes were preventing corporations from pursuing large-scale projects in Texas. #txed 2/9
That fear was later found to be untrue, but the #Chapter313 program has been wildly popular. As of 2019, there were 509 active deals that will deliver a total of $10.8 billion in tax breaks to corporations. #txlege #txed 3/9
Read 9 tweets
May 22, 2021
The original sales pitch for the big #Chapter313 tax breaks?

It sprang from a typo!!!

Today #txlege has a chance to reverse that 20-year-old error.

houstonchronicle.com/news/investiga… #txed 1/12
#txlege created #Chapter313 in 2001 on the premise that TX needed to compete more aggressively for manufacturing jobs. High property taxes represented a barrier to industrial investment, bill author Rep. Kim Brimer and his allies said. #txed 2/12
Their solution: Create a program that temporarily caps property values and shelters billions of dollars in investments from being fully taxed by #txed school districts. It's now called #Chapter313. #txlege 3/12
Read 12 tweets
May 21, 2021
The Texas Public Policy Foundation and Every Texan release a joint statement regarding extension of the #Chapter313 program of school property tax abatements. These tax breaks do not deliver the promised benefits, shift school funding costs, and waste tax dollars. #txlege 1/10
“Texas is fortunate to not need #Chapter313 incentives to persuade companies to locate here. Research and experience show that abatements are an unnecessary and wasteful perk and companies would have come to Texas regardless. #txlege #txed 2/10
But the #Chapter313 carve-outs do have a real impact on our ability to adequately fund all public schools and ultimately shift the responsibility for supporting them onto other businesses, homeowners, and renters. #txlege #txed 3/10
Read 10 tweets
May 21, 2021
A #Chapter313 renewal would require major revisions: The contracts should be negotiated and governed by economic development experts. Mandate more independent auditing for compliance.... expressnews.com/opinion/commen… #txlege #txed 1/6
Only approve the select few #Chapter313 agreements that truly require the tax abatement to lure them to Texas. Eliminate job-creation waivers... #txlege #txed 2/6
All #Chapter313 money must be accounted for in school funding formulas to create the most level playing field for all schools across the state... #txlege #txed 3/6
Read 6 tweets
May 10, 2021
So all this I hear about #Chapter313 payments to school districts? Who wins and who loses? #txlege #txed 1/6
If a company just paid its fair share of school taxes then, because local property tax revenue would go up, state aid would go down (or recapture increase), and the district revenue per student would be unchanged. That’s the basic rule of school finance equity. #txlege #txed 2/6
But what if a firm gets a 313 tax break, then kicks back part of its tax savings to the district? The district’s property tax revenue is unchanged, since it’s not taxing the project, so state aid (and revenue per student) is unchanged, and the district pockets the payment. 3/6
Read 6 tweets

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