Texas 2009 - 81st Regular

Texas House Bill HB2865 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10389 JE-D
2	2	By: Strama H.B. No. 2865
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the exemption from ad valorem taxation of property used
8	8	by a charitable organization that provides access to affordable
9	9	financial products and services to certain individuals.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.18(d), Tax Code, as amended by
12	12	Chapters 1034 (H.B. 1742) and 1341 (S.B. 1908), Acts of the 80th
13	13	Legislature, Regular Session, 2007, is reenacted and amended to
14	14	read as follows:
15	15	(d) A charitable organization must be organized exclusively
16	16	to perform religious, charitable, scientific, literary, or
17	17	educational purposes and, except as permitted by Subsections (h)
18	18	and (l), engage exclusively in performing one or more of the
19	19	following charitable functions:
20	20	(1) providing medical care without regard to the
21	21	beneficiaries' ability to pay, which in the case of a nonprofit
22	22	hospital or hospital system means providing charity care and
23	23	community benefits in accordance with Section 11.1801;
24	24	(2) providing support or relief to orphans,
25	25	delinquent, dependent, or handicapped children in need of
26	26	residential care, abused or battered spouses or children in need of
27	27	temporary shelter, the impoverished, or victims of natural disaster
28	28	without regard to the beneficiaries' ability to pay;
29	29	(3) providing support to elderly persons, including
30	30	the provision of recreational or social activities and facilities
31	31	designed to address the special needs of elderly persons, or to the
32	32	handicapped, without regard to the beneficiaries' ability to pay;
33	33	(4) preserving a historical landmark or site;
34	34	(5) promoting or operating a museum, zoo, library,
35	35	theater of the dramatic or performing arts, or symphony orchestra
36	36	or choir;
37	37	(6) promoting or providing humane treatment of
38	38	animals;
39	39	(7) acquiring, storing, transporting, selling, or
40	40	distributing water for public use;
41	41	(8) answering fire alarms and extinguishing fires with
42	42	no compensation or only nominal compensation to the members of the
43	43	organization;
44	44	(9) promoting the athletic development of boys or
45	45	girls under the age of 18 years;
46	46	(10) preserving or conserving wildlife;
47	47	(11) promoting educational development through loans
48	48	or scholarships to students;
49	49	(12) providing halfway house services pursuant to a
50	50	certification as a halfway house by the parole [pardons and
51	51	paroles] division of the Texas Department of Criminal Justice;
52	52	(13) providing permanent housing and related social,
53	53	health care, and educational facilities for persons who are 62
54	54	years of age or older without regard to the residents' ability to
55	55	pay;
56	56	(14) promoting or operating an art gallery, museum, or
57	57	collection, in a permanent location or on tour, that is open to the
58	58	public;
59	59	(15) providing for the organized solicitation and
60	60	collection for distributions through gifts, grants, and agreements
61	61	to nonprofit charitable, education, religious, and youth
62	62	organizations that provide direct human, health, and welfare
63	63	services;
64	64	(16) performing biomedical or scientific research or
65	65	biomedical or scientific education for the benefit of the public;
66	66	(17) operating a television station that produces or
67	67	broadcasts educational, cultural, or other public interest
68	68	programming and that receives grants from the Corporation for
69	69	Public Broadcasting under 47 U.S.C. Section 396, as amended;
70	70	(18) providing housing for low-income and
71	71	moderate-income families, for unmarried individuals 62 years of age
72	72	or older, for handicapped individuals, and for families displaced
73	73	by urban renewal, through the use of trust assets that are
74	74	irrevocably and, pursuant to a contract entered into before
75	75	December 31, 1972, contractually dedicated on the sale or
76	76	disposition of the housing to a charitable organization that
77	77	performs charitable functions described by Subdivision (9);
78	78	(19) providing housing and related services to persons
79	79	who are 62 years of age or older in a retirement community, if the
80	80	retirement community provides independent living services,
81	81	assisted living services, and nursing services to its residents on
82	82	a single campus:
83	83	(A) without regard to the residents' ability to
84	84	pay; or
85	85	(B) in which at least four percent of the
86	86	retirement community's combined net resident revenue is provided in
87	87	charitable care to its residents;
88	88	(20) providing housing on a cooperative basis to
89	89	students of an institution of higher education if:
90	90	(A) the organization is exempt from federal
91	91	income taxation under Section 501(a), Internal Revenue Code of
92	92	1986, as amended, by being listed as an exempt entity under Section
93	93	501(c)(3) of that code;
94	94	(B) membership in the organization is open to all
95	95	students enrolled in the institution and is not limited to those
96	96	chosen by current members of the organization;
97	97	(C) the organization is governed by its members;
98	98	and
99	99	(D) the members of the organization share the
100	100	responsibility for managing the housing;
101	101	(21) acquiring, holding, and transferring unimproved
102	102	real property under an urban land bank demonstration program
103	103	established under Chapter 379C, Local Government Code, as or on
104	104	behalf of a land bank; [or]
105	105	(22) acquiring, holding, and transferring unimproved
106	106	real property under an urban land bank program established under
107	107	Chapter 379E, Local Government Code, as or on behalf of a land bank;
108	108	or
109	109	(23) providing access to affordable financial
110	110	products and services for low-income individuals and underserved
111	111	communities, including mortgage financing, flexible underwriting,
112	112	and commercial loans and investments, if the organization is:
113	113	(A) a certified community development financial
114	114	institution; and
115	115	(B) exempt from federal income taxation under
116	116	Section 501(a), Internal Revenue Code of 1986, as amended, by being
117	117	listed as an exempt entity under Section 501(c)(3) of that code.
118	118	SECTION 2. This Act applies only to an ad valorem tax year
119	119	that begins on or after the effective date of this Act.
120	120	SECTION 3. This Act takes effect January 1, 2010.