December 13, 2022

Texas Comptroller Glenn Hegar’s Statement on Companies Asking the Texas Supreme Court to Compel his Office to Process All Chapter 313 Applications

(AUSTIN) — Today, attorneys representing multiple companies filed a writ of mandamus with the Texas Supreme Court to compel my office to process all Chapter 313 applications received to date.

The Texas Legislature purposely did not renew the Chapter 313 program during the last legislative session, and the program is set to expire on Dec. 31, 2022. As a result, my office has received an extraordinary number of applications from companies seeking to secure an incentive under the current program.

My office had the difficult task of managing a workload that has more than tripled in the last six months of the year. We have taken measures to responsibly allocate the necessary resources to comply with the law, and I commend my team for the effort it has put forth this year. The Legislature could have provided express transition authority that would have allowed us to continue reviewing and approving applications after the first of the year so long as the applications were filed before the program's expiration date. But the Legislature did not provide such transition authority.

Even though my office will certify more than 300 projects this year alone, it was apparently not enough.

Despite receiving billions of dollars in property tax abatements over the life of the program and potentially billions more in approved incentives just this year, these companies and their attorneys are asking Texas taxpayers to shoulder even more despite the Legislature’s decision to discontinue the program.

This is a frivolous attempt to get the Texas Supreme Court to force my office to put even more resources toward the program in the final two weeks of its existence. My office has fully complied with the law and will vigorously defend our position.

Note: Go to the Comptroller's website to learn more about the Chapter 313 program.