July 29, 2009

Ms. Ann Raber VIA ELECTRONIC MAIL:

Texas Watchdog thatbirdisaliar@gmail.com
5535 Memorial Drive, Suite F, #601
Houston, Texas 77007

RE: Public information request

Dear Ms. Raber:

The Texas Comptroller of Public Accounts received your request for information, dated July 15,
2009. Your request has been assigned ID# 5828748988 by this office.

You asked for the following categories of information:

1. Any electronic database that details payments made under the Texas
Enterprise Zone Program, with fields including but not limited to payments
made, the name of the company, the file number assigned by the state (for
example, EP0246803), the number of jobs created under the program, any
refunds issued, any other benefits the companies in the program were issued
by the state.

2. Any information submitted by companies in the Texas Enterprise Zone

Program seeking refunds, payments, or any other benefits issued by the state

We do not maintain a database for payments made under the Texas Enterprise Zone Program;
thus, we cannot provide such information. Under the Texas Enterprise Zone Program, taxpayer-
level information concerning sales tax refunds is made confidential under Section 151.027 of the
Texas Tax Code. We may, however, provide aggregated data, as I discussed with you by
telephone, including the total number of jobs created, the total dollar amounts of sales tax
refunds obtained, and the average sales tax refund per job created. We may also provide the
names and NAICS codes of the taxpayers designated under the Texas Enterprise Zone Program.

The information provided by the taxpayer in seeking a sales tax refund under the Texas
Enterprise Zone Program is considered audit information, which is made confidential under
Sections 111.006 and 151.027 of the Tax Code and therefore may not be released.

The aggregated information that may be provided is below. The following numbers are for the
past five years and include both refunds and job statistics for the Texas Enterprise Zone Program.
Ms. Ann Raber
Page 2 of 2

JOBS REFUNDS
2005 2,896 $4,252,639.85
2006 3,397 5,484,448.17
2007 2,801 6,682,287.79
2008 4,928 16,984,421.66
2009 4,689 16,134,425.26
Total 18,711 $49,538,222.73

Average amount per job = $2,647.54 ($49,538,222.73 / 18,711)

Average amount per job per year:

2005 $1,468.45 ($4,252,639.85 / 2,896)

2006 $1,614.50 ($5,484,448.17 / 3,397)
2007 $2,385.68 ($6,682,287.79 / 2,801)
2008 $3,446.51 ($16,984,421.66 / 4,928)
2009 $3,440.90 ($16,134,425.26 / 4,689)

Please note the following: Refunds for 2009 include refunds through July 21, 2009. The
increase in refunds in 2007 is due to the increase in double and triple jumbo projects which
began on September 1, 2005. The Comptroller was given audit responsibility for this program
beginning September 1, 2003.

A list of the taxpayers designated under the Program is shown on the attached spreadsheet.

Please feel free to contact me if you need additional information.

Sincerely,

James G. Nolan
Asst. General Counsel
Open Records Section
Texas Comptroller of Public Accounts
Phone: (512) 936-7241
Fax: (512) 463-4288

Enclosure