85R13782 CJC-F     By: Bohac H.B. No. 4038       A BILL TO BE ENTITLED   AN ACT   relating to the definition of "qualifying job" for purposes of   certification by the comptroller of public accounts as a qualifying   data center.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 151.359(a)(5), Tax Code, is amended to   read as follows:                (5)  "Qualifying job" means a full-time, permanent job   that pays at least 120 percent of the county average weekly wage in   the county in which the job is based. The term includes a new   employment position staffed by a third-party employer if a written   contract exists between the third-party employer and a qualifying   owner, qualifying operator, or qualifying occupant that provides   that the employment position is permanently assigned to an   associated qualifying data center.          SECTION 2.  The change in law made by this Act applies to a   data center certified as a qualifying data center by the   comptroller of public accounts, regardless of whether the   certification occurred before, on, or after the effective date of   this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.