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Government Code - CHAPTER 2303 Page 19 of 28 <br />(2) the governing body of the enterprise zone making the application has demonstrated that a high <br />level of cooperation exists among public, private, and neighborhood entities in the zone; <br />(3) the designation will contribute significantly to the achievement of the plans of the governing body <br />making the application for development and revitalization of the zone; and <br />(4) if the business is seeking job retention benefits: <br />(A) the permanent employees of the business will be permanently laid off; <br />(B) the business will close down permanently; <br />(C) the business will relocate out-of-state; <br />(D) a 10 percent increase in the production capacity of the business will occur; <br />(E) a 10 percent decrease in overall cost per unit produced will occur; or <br />(F) the business facility has been legitimately destroyed or impaired because of fire, flood, tornado, <br />hurricane, or any other natural disaster. <br />(b) The department shall designate qualified businesses as enterprise projects on a competitive basis. <br />The department shall establish a minimum scoring threshold that must be met by the qualified business <br />applying for a project designation and make its designation decisions using a weighted scale in which: <br />(1) 50 percent of the evaluation depends on the economic distress of: <br />(A) the enterprise zone in which a proposed enterprise project is located; and <br />(B) the area within the enterprise zone where the project is located; <br />(2) 25 percent of the evaluation depends on the local effort to achieve development and revitalization <br />of the enterprise zone; and <br />(3) 25 percent of the evaluation depends on the evaluation criteria as determined by the department, <br />which must include: <br />(A) the level of cooperation and support the project applicant commits to the revitalization goals of <br />the zone; and <br />(B) the type and wage level of the jobs to be created or retained by the business. <br />(c) The department may remove an enterprise project designation if it determines that the business is <br />not complying with a requirement for its designation. <br />Added by Acts 1995, 74th Leg., ch. 76, § 5.52(a), eff. Sept. 1, 1995, and Acts 1995, 74th Leg., ch. 985, <br />§ 6, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1121, § 4, eff. Sept. 1, 1999. <br />§ 2303.407. Allocation of Jobs Eligible for Tax Refund <br />://www.capitol.state.tx.us/statutes/go/go230300.html 1/12/2002 <br />