(a) An application must be filed in the format provided (letter size) and must contain all information and documentation required under the Act and this chapter, as applicable. Each application for enterprise project designation must be typed directly on the form provided by the Bank.
(b) The application must be submitted hole-punched in a three-ring loose-leaf binder with the application form located behind Tab 1, and must include all applicable attachments hole-punched and placed behind the appropriate Tab sections as specified in the application. An application that is submitted with four or more material deficiencies will be declined as incomplete. Material deficiencies are items such as the governing body application certification with an original signature, the qualified business application certification with original signatures, or any other required tabbed item.
(c) The applicant shall file with the Bank one original application for designation as an enterprise project. All applications for enterprise project designation must be received by the Office no earlier than one week before, and no later than 5:00 p.m. Central Standard Time, on the first business day of the following months: September, December, March and June. Further, all applications include a non-refundable application fee in the form of a certified check or money order made payable to the Office of the Governor. The application is not considered to be received unless it is received at the physical location of the Office with the non-refundable application fee submitted under separate cover to Office of the Governor, Economic Development and Tourism, Texas Economic Development Bank, Attn: Texas Enterprise Zone Program, Post Office Box 12828, Austin, Texas 78711. The application fee must clearly show the name of the nominating jurisdiction, as well as the name of the qualified business. Both the application and the application fee must be received by the application deadline. Applications received after a deadline will be returned to the applicant, and must be resubmitted to the Bank in the prescribed timeframe to be considered for designation during the next application deadline.
(d) Applications received during a quarterly round will be reviewed and scored by the Bank in accordance with the Act, this chapter and the goals of the program.
(e) The application for designation of an enterprise project must contain the following information and documentation, as applicable:
  (1) The participants. The application must contain the name, street address, mailing address, telephone number, fax number and electronic mail address for each of the following involved in the designation of a qualified business as an enterprise project:
    (A) the applicant governing body and the applicant governing body's liaison; and
    (B) the qualified business, the primary business's representative and the local business liaison. The local business liaison must be located at the qualified business site.
  (2) The applicant. The application must contain the following information and documentation concerning the applicant:
    (A) a statement signed by the governing body liaison certifying that the contents of the application are true and correct to the best information and belief of the liaison, and that he or she has read the Act and this chapter and is familiar with the provisions thereof;
    (B) a certified copy of the nominating ordinance or order under §176.2(1) of this title (relating to Participation in the Program), or if an ordinance or order has already been passed nominating a project for designation, a certified copy of a resolution from the applicant governing body nominating the qualified business for designation as an enterprise project and containing:
      (i) nomination of the project or activity as an enterprise project;
      (ii) a statement as to whether the project or activity is located in an area designated as an enterprise zone, and, if applicable, that the project is located in an area that is also designated as a defense base development authority established under Chapter 379B, Local Government Code, a federal empowerment zone, a federal enterprise community, or a renewal community;
      (iii) reference by number to the nominating ordinance or order indicating participation in the program, with a statement that the local incentives described in the previously issued ordinance or order electing to participate in the enterprise zone program are the same as those made available to the project or activity;
      (iv) the active designation period of the project; and
      (v) if the project or activity is nominated as a double jumbo enterprise project or a triple jumbo enterprise project, a statement that the designation will count as two or three designations, respectively, against the total number of designations allowed, as applicable.
    (C) the block group of the primary business address of the qualified business site, verifiable by the local appraisal district;
    (D) the poverty rate for the block group of the primary business address of the qualified business site, or the poverty rate of the distressed county in which the qualified business site is located;
    (E) an official census map, which clearly identifies the location of the proposed project and the census area where it is located;
    (F) a description of the municipality's or county's procedures and efforts to facilitate and encourage participation by and negotiation between all affected entities in the jurisdiction in which the qualified business is located including a description of the business activity that has occurred in the area within the last year. This description must demonstrate the cooperation among the public and private sectors;
    (G) a description of the local effort made by the municipality or county and other affected entities to achieve development and revitalization of the area as described in the Act, §2303.405(c). This includes a brief historical description of the trade and business conducted in the area.
  (3) The project. The application must contain the following information and documentation concerning the proposed project:
    (A) a statement signed by the primary business representative and the local business liaison certifying that the contents of the application are true and correct to their best information and belief, and that they have read the Act and this chapter and are familiar with the provisions thereof;
    (B) a description and introduction of the business applying for the project designation, which includes:
      (i) a copy of the articles of incorporation, or the dba statement under which the business operates, filed with the Secretary of State of the State of Texas. The name under which the business is applying for designation must be the same as the business paying state taxes and creating and/or retaining jobs to obtain program benefits;
      (ii) the principal owners and history of the business;
      (iii) a resolution for corporations or a certificate of authority that provides signatory authority to a person or persons to submit the enterprise project application and sign any contracts or forms on behalf of the business for the enterprise project;
      (iv) the number of business locations, total sales, and number of employees in the State of Texas, the United States, and outside the United States;
      (v) the federal tax identification number, and/or the Texas Comptroller tax identification number, as applicable, for all participating entities of a controlled group;
      (vi) a description of the business' products and services, including NAICS code;
      (vii) a description of the business' export history, if applicable; and
      (viii) an organizational chart that indicates the business structure, as well as the role of each entity participating in the project;
    (C) the plans of the business for expansion, revitalization, and other activity at the qualified business site for the designation period of the project including:
      (i) a description of the project location and intended use;
      (ii) a summary of short and long-term plans for expansion at the qualified business site;
      (iii) the amount of capital investment to be made at the qualified business site during the designation period;
      (iv) the status of any required local, state or federal permits or licenses that must be obtained to enable the project to be initiated and completed as represented in the enterprise project application;
      (v) a tabular summary of the current number of full-time, part-time and seasonal jobs which includes the titles and/or Standard Occupational Classification by six-digit code and salary ranges of jobs to be maintained at the qualified business site. Full-time positions will be used for baseline information;
Cont'd...