How BESS is a public matter, not a private property matter

Public Adoption of Guidelines and Criteria

  • Taxing units (city or county) must publicly adopt formal guidelines and criteria for tax abatements (Sec. 312.002(a)).
  • Adoption, amendment, repeal, or reauthorization of guidelines requires a public hearing (Sec. 312.002(c-1)).

Public Posting of Guidelines

  • Taxing units maintaining a website must publish the current guidelines online for public access (Sec. 312.002(c-2)).

Reinvestment Zone Designation Requires Public Hearing

  • Before creating a reinvestment zone, the governing body must:
  • Hold a public hearing where any interested person may present support or opposition (Sec. 312.201(d) for municipalities; Sec. 312.401(b) for counties).
  • Provide public notice in a newspaper at least 7 days in advance (Sec. 312.201(d)(1)).

Notice to Other Taxing Units

  • A written notice and a copy of the proposed tax abatement agreement must be delivered to other local taxing units 7 days before the agreement is signed (Sec. 312.2041).

Public Notice Before Agreement Approval

  • At least 30 days before the vote to approve a tax abatement agreement, the taxing unit must provide a public notice (Sec. 312.207(c)).
  • The notice must include:
    • Property owner and applicant names,
    • Zone name and location,
    • Description of improvements,
    • Estimated costs.

Open Meeting Vote Requirement

  • Tax abatement agreements must be approved in an open, public meeting of the governing body by a majority vote (Sec. 312.207(a)).

Public Internet Access to Agreements

  • Taxing units must provide a direct website link to where tax abatement agreements are posted on the Texas Comptroller’s website (Sec. 312.008).

Public Reporting to State Comptroller

  • Taxing units must submit agreement details and annual reports to the Texas Comptroller, who compiles and reports the information to the Governor and Legislature (Sec. 312.005).

Opportunity for Public Engagement

  • Members of the public may:
  • Attend hearings, submit comments, and review online documents.
  • These measures ensure that abatements are transparent, accountable, and open to scrutiny.

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