Texas 2017 - 85th Regular

Texas House Bill HB845

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of the governing body of a taxing unit to exempt from ad valorem taxation mineral interests owned by nonprofit corporations organized for the exclusive purpose of generating income for certain charitable nonprofit corporations through the ownership, lease, and management of real property.

Impact

If passed, HB 845 would create a new framework for tax exemptions that provides a financial benefit to nonprofits involved in charitable activities by relieving them of certain tax burdens. Such a change may encourage more philanthropic endeavors in Texas by allowing these organizations to allocate their resources more towards their missions rather than tax expenses. The legislation aims to enhance the operational viability of nonprofits that contribute to social welfare and community support through their initiatives.

Summary

House Bill 845 introduces measures that allow certain nonprofit corporations to be exempt from ad valorem taxation on mineral interests they own. This exemption is particularly aimed at those nonprofits that are established for the primary purpose of generating income for charitable organizations through activities associated with real property, including ownership, leasing, and management of mineral interests. The bill delineates specific requirements that these nonprofit corporations must meet, ensuring that their operations align with their charitable goals and do not lead to the creation of distributable profits or personal gains.

Conclusion

Overall, HB 845 sits at the intersection of charity and taxation law, poised to influence both nonprofit operations and local government funding. The successful implementation of the bill will depend on clear guidelines and defined oversight mechanisms to align the interests of charitable activities with the financial responsibilities towards local governance.

Contention

While the bill presents an opportunity for nonprofits, it could lead to contention surrounding the fairness of tax exemptions in the context of local government finances. Critics may argue that the exemption could reduce the tax base, impacting funding for public services. There's also the potential for debate regarding eligibility standards and oversight to ensure that only qualifying organizations benefit from these exemptions, preventing misuse of the provisions intended for charitable purposes. Concerns may arise over how this new statutory framework interacts with existing tax laws and the potential implications for local taxing units, which may struggle with budget constraints if significant revenues are lost.

Companion Bills

TX HJR51

Enabling for Proposing a constitutional amendment authorizing the governing body of a political subdivision to exempt from ad valorem taxation mineral interests owned by nonprofit corporations organized for the exclusive purpose of generating income for certain charitable nonprofit corporations through the ownership, lease, and management of real property.

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