83R6226 CJC-D By: Gooden H.B. No. 1459 A BILL TO BE ENTITLED AN ACT relating to the exemption from ad valorem taxation of certain real property leased to and used by charitable organizations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by adding Section 11.186 to read as follows: Sec. 11.186. REAL PROPERTY LEASED TO CHARITABLE ORGANIZATIONS. (a) A person is entitled to an exemption from taxation of the real property that the person owns and leases to an organization that meets the requirements of a charitable organization provided by Sections 11.18(e) and (f) if: (1) the real property is used by the organization primarily for the purpose of performing a function listed in Section 11.18(d); (2) the rental for the real property on an annual basis is not more than five percent of the property's market value; and (3) the real property is reasonably necessary for the operation of the organization. (b) Section 25.07 does not apply to a leasehold interest in property for which the owner receives an exemption under this section. SECTION 2. This Act applies only to ad valorem taxes imposed for a tax year beginning on or after the effective date of this Act. SECTION 3. This Act takes effect January 1, 2014, but only if the constitutional amendment authorizing the legislature to exempt from ad valorem taxation real property that is leased to a charitable organization and that is used by the organization primarily for the purpose of performing a charitable function is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.