Texas 2023 - 88th Regular

Texas Senate Bill SB2361

Filed
3/10/23  
Out of Senate Committee
5/2/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the exemption from ad valorem taxation of property owned by an organization engaged primarily in performing charitable functions.

Impact

The legislative discussions indicated widespread support for SB2361, particularly from committees focused on local government and the Texas Policy Foundation, which argued that the bill would reduce administrative burdens. This change could lead to increased financial stability for charitable organizations, enabling them to allocate more resources toward their charitable services instead of dealing with complex tax compliance issues. The bill is positioned to positively impact charitable functions across Texas, potentially increasing the number of organizations receiving tax exemptions and benefitting the communities they serve.

Summary

SB2361 aims to amend the Texas Tax Code by eliminating the five-year expiration date for property tax exemptions granted to charitable organizations. Currently, these organizations must reapply for exemptions every five years, which has created a significant bureaucratic burden. By removing this requirement, the bill seeks to streamline the process and allow charities to focus more on their core missions rather than on administrative tasks. Furthermore, organizations will still be required to notify the relevant authorities of any changes that could affect their qualification for tax exemptions, maintaining a level of oversight while reducing unnecessary hurdles.

Sentiment

Support for SB2361 appears to be robust among legislators, with final voting showing unanimous approval (25-0) in favor of the bill on its third reading. This consensus reflects a collective acknowledgment of the burdens that the current law imposes on charitable organizations. The sentiment around this legislative change is overall positive, indicating a focus on enhancing the capabilities of charities to operate without excessive bureaucratic constraints.

Contention

While there is strong support for the elimination of the five-year rule, discussions around the bill emphasized the need for diligent oversight regarding organizations' eligibility for tax exemptions. The requirement for organizations to report material changes within a 30-day period was highlighted to ensure compliance without reinstating extensive administrative burdens. Thus, the main point of contention lies not within the proposal itself but in ensuring that the exemption process remains accountable and does not lead to misuse or misunderstanding of the exemption eligibility criteria.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 11. Taxable Property And Exemptions
    • Section: New Section
    • Section: 43
    • Section: New Section
    • Section: 43
    • Section: New Section
    • Section: 43

Companion Bills

TX HB4774

Identical Relating to the exemption from ad valorem taxation of property owned by an organization engaged primarily in performing charitable functions.

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