Texas steered millions to Tesla as it ends Chapter 313 tax breaks, lawsuit charges

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Texas steered millions to Tesla as it ends Chapter 313 tax breaks, lawsuit charges
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Two wind companies claim their projects were denied millions in incentives even though they qualified, and other ventures, like Tesla, were approved.

Jeffrey Beicker, the CEO of Permico Energia, did not mince words in his July 2018 email to the Texas Comptroller’s Office, which had just denied his company’s request for a Chapter 313 property tax incentive package. “We refuse to lie to receive the tax abatement,” he wrote. “Apparently our competitors do not share this moral dilemma.

The looming deadline created a land rush of applicants seeking to lock in the valuable tax breaks before the program was shuttered. “The Texas Legislature did not give the Comptroller the unilateral authority to decide which projects to review on the merits, and which ones to ignore,” the lawsuit argues, asking the Texas Supreme Court to either order the comptroller to expedite his consideration of the Chapter 313 applications, or to extend the deadline into next year.

The comptroller’s office said it has rejected 57 of 413 proposals this calendar year because of the limited timeframe. It declined to say why some companies were approved and others denied.

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