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:

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.”

[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.

[Excerpt]

A coalition of more than a dozen organizations such as the Network of Texas IAF Organizations, the Texas Campaign for the Environment, the Texas State Teachers Association and the Texas AFL-CIO wrote a letter to lawmakers Thursdayopposing the bill and any efforts to revive Chapter 313.

“We urge you to support alternative policies that promote fair and transparent economic development, adequately fund our public education and ensure a level playing field for all businesses in Texas,” they wrote.

[Excerpt]

“Speaker Phelan and Chair Hunter, and the multinational companies that will benefit from HB5, need to get their hands out of the pockets of Texas taxpayers and off the backs of Texas schoolchildren,” said Rosalie Tristan, a leader with Valley Interfaith of the Texas IAF. “Over the past month we have seen them use every lever of the House, every carrot and stick, to bully members to sign on to renew a worse version of the failed Chapter 313 program. We call on House Members to stand up and say ‘no’ to HB5. They should put that same energy and our tax dollars into increasing the basic student allotment that funds teacher salaries and our public schools.”

[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

[Excerpt]

Texas economic development evangelists speak of this program – once known as Chapter 313 but now House Bill 5 – with almost biblical reverence. It may not turn water into wine, but they argue it will at least turn our school property tax dollars into new jobs for years to come.

A stunning legislative success in 2021 is being targeted by oil, gas, and big business interest groups in 2023.  But Texas IAF, and a grassroots left-right coalition are working to block legislation and the forces behind it that are trying to move Texas backward.

[Excerpt from Houston Chronicle]

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.

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 Area Interfaith Calls on All DISD Trustees to Vote Against Hanwha Q Cells Chapter 313 Application to the Board [pdf]

Dallas ISD Punts Tax Break Ask from Manufacturing Company Ahead of Chapter 313 Expiration, Dallas Morning News [pdf]

Last summer, Texas IAF leaders and nonprofit allies shut down Chapter 313 (a state tax exemption program giving away close to a billion dollars per year to major industrial and petrochemical companies).  Since then, over 400 corporate applications have flooded the system ahead of the program's expiration date at the end of this year -- more than twice as many as before. 

Reverend Minerva Camarena Skeith of Central Texas Interfaith/Texas IAF explains to Jon Stewart the impact of state legislation that allows major corporations to siphon off state funding that could otherwise go to public schools. 

The Problem with Jon Stewart will air this episode on Friday, October 21st.  

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Additional background on Texas IAF effort: 

Texas' Largest Corporate Welfare Program Is Leaving Companies Flush and School Districts Broke, Texas Observer

Huge Corporations are Saving $10 Billion on Texas Taxes, and You're Paying For It, Houston Chronicle 

Sapped by Subsidies: 313 Deals Hurt Texas Cities, Dallas Morning News [pdf]

No More Hogs at the Trough-Containing Corporate Subsidies in Texas, Nonprofit Quarterly

The Unlikely Demise of Texas' Biggest Corporate Tax Break, Texas Observer