1 | 1 | | By: Ellis S.B. No. 1687 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the exemption from ad valorem taxation of property |
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7 | 7 | | owned by charitable organizations that engage in or support the |
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8 | 8 | | planting, growing, cultivation, or maintenance of trees in public |
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9 | 9 | | areas. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 11.18(d), Tax Code, is amended to read as |
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12 | 12 | | follows: |
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13 | 13 | | (d) A charitable organization must be organized exclusively to |
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14 | 14 | | perform religious, charitable, scientific, literary, or |
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15 | 15 | | educational purposes and, except as permitted by Subsections (h) |
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16 | 16 | | and (l), engage exclusively in performing one or more of the |
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17 | 17 | | following charitable functions: |
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18 | 18 | | (1) providing medical care without regard to the beneficiaries' |
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19 | 19 | | ability to pay, which in the case of a nonprofit hospital or |
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20 | 20 | | hospital system means providing charity care and community benefits |
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21 | 21 | | in accordance with Section 11.1801; |
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22 | 22 | | (2) providing support or relief to orphans, delinquent, |
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23 | 23 | | dependent, or handicapped children in need of residential care, |
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24 | 24 | | abused or battered spouses or children in need of temporary |
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25 | 25 | | shelter, the impoverished, or victims of natural disaster without |
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26 | 26 | | regard to the beneficiaries' ability to pay; |
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27 | 27 | | (3) providing support without regard to the beneficiaries' |
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28 | 28 | | ability to pay to: |
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29 | 29 | | (A) elderly persons, including the provision of: |
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30 | 30 | | (i) recreational or social activities; and |
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31 | 31 | | (ii) facilities designed to address the special needs of elderly |
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32 | 32 | | persons; or |
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33 | 33 | | (B) the handicapped, including training and employment: |
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34 | 34 | | (i) in the production of commodities; or |
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35 | 35 | | (ii) in the provision of services under 41 U.S.C. Sections 46-48c; |
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36 | 36 | | (4) preserving a historical landmark or site; |
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37 | 37 | | (5) promoting or operating a museum, zoo, library, theater of the |
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38 | 38 | | dramatic or performing arts, or symphony orchestra or choir; |
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39 | 39 | | (6) promoting or providing humane treatment of animals; |
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40 | 40 | | (7) acquiring, storing, transporting, selling, or distributing |
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41 | 41 | | water for public use; |
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42 | 42 | | (8) answering fire alarms and extinguishing fires with no |
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43 | 43 | | compensation or only nominal compensation to the members of the |
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44 | 44 | | organization; |
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45 | 45 | | (9) promoting the athletic development of boys or girls under the |
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46 | 46 | | age of 18 years; |
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47 | 47 | | (10) preserving or conserving wildlife; |
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48 | 48 | | (11) promoting educational development through loans or |
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49 | 49 | | scholarships to students; |
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50 | 50 | | (12) providing halfway house services pursuant to a certification |
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51 | 51 | | as a halfway house by the parole division of the Texas Department of |
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52 | 52 | | Criminal Justice; |
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53 | 53 | | (13) providing permanent housing and related social, health care, |
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54 | 54 | | and educational facilities for persons who are 62 years of age or |
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55 | 55 | | older without regard to the residents' ability to pay; |
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56 | 56 | | (14) promoting or operating an art gallery, museum, or collection, |
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57 | 57 | | in a permanent location or on tour, that is open to the public; |
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58 | 58 | | (15) providing for the organized solicitation and collection for |
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59 | 59 | | distributions through gifts, grants, and agreements to nonprofit |
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60 | 60 | | charitable, education, religious, and youth organizations that |
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61 | 61 | | provide direct human, health, and welfare services; |
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62 | 62 | | (16) performing biomedical or scientific research or biomedical |
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63 | 63 | | or scientific education for the benefit of the public; |
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64 | 64 | | (17) operating a television station that produces or broadcasts |
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65 | 65 | | educational, cultural, or other public interest programming and |
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66 | 66 | | that receives grants from the Corporation for Public Broadcasting |
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67 | 67 | | under 47 U.S.C. Section 396, as amended; |
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68 | 68 | | (18) providing housing for low-income and moderate-income |
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69 | 69 | | families, for unmarried individuals 62 years of age or older, for |
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70 | 70 | | handicapped individuals, and for families displaced by urban |
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71 | 71 | | renewal, through the use of trust assets that are irrevocably and, |
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72 | 72 | | pursuant to a contract entered into before December 31, 1972, |
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73 | 73 | | contractually dedicated on the sale or disposition of the housing |
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74 | 74 | | to a charitable organization that performs charitable functions |
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75 | 75 | | described by Subdivision (9); |
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76 | 76 | | (19) providing housing and related services to persons who are 62 |
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77 | 77 | | years of age or older in a retirement community, if the retirement |
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78 | 78 | | community provides independent living services, assisted living |
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79 | 79 | | services, and nursing services to its residents on a single campus: |
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80 | 80 | | (A) without regard to the residents' ability to pay; or |
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81 | 81 | | (B) in which at least four percent of the retirement community's |
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82 | 82 | | combined net resident revenue is provided in charitable care to its |
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83 | 83 | | residents; |
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84 | 84 | | (20) providing housing on a cooperative basis to students of an |
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85 | 85 | | institution of higher education if: |
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86 | 86 | | (A) the organization is exempt from federal income taxation under |
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87 | 87 | | Section 501(a), Internal Revenue Code of 1986, as amended, by being |
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88 | 88 | | listed as an exempt entity under Section 501(c)(3) of that code; |
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89 | 89 | | (B) membership in the organization is open to all students |
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90 | 90 | | enrolled in the institution and is not limited to those chosen by |
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91 | 91 | | current members of the organization; |
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92 | 92 | | (C) the organization is governed by its members; and |
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93 | 93 | | (D) the members of the organization share the responsibility for |
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94 | 94 | | managing the housing; |
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95 | 95 | | (21) acquiring, holding, and transferring unimproved real |
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96 | 96 | | property under an urban land bank demonstration program established |
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97 | 97 | | under Chapter 379C, Local Government Code, as or on behalf of a land |
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98 | 98 | | bank; |
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99 | 99 | | (22) acquiring, holding, and transferring unimproved real |
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100 | 100 | | property under an urban land bank program established under Chapter |
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101 | 101 | | 379E, Local Government Code, as or on behalf of a land bank; |
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102 | 102 | | (23) providing housing and related services to individuals who: |
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103 | 103 | | (A) are unaccompanied and homeless and have a disabling condition; |
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104 | 104 | | and |
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105 | 105 | | (B) have been continuously homeless for a year or more or have had |
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106 | 106 | | at least four episodes of homelessness in the preceding three |
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107 | 107 | | years; [or] |
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108 | 108 | | (24) operating a radio station that broadcasts educational, |
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109 | 109 | | cultural, or other public interest programming, including |
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110 | 110 | | classical music, and that in the preceding five years has received |
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111 | 111 | | or been selected to receive one or more grants from the Corporation |
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112 | 112 | | for Public Broadcasting under 47 U.S.C. Section 396, as amended; or |
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113 | 113 | | (25) planting, growing, transplanting, cultivating and |
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114 | 114 | | maintaining trees that are located or to be located exclusively on |
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115 | 115 | | public rights-of-way, in public easements, on public school |
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116 | 116 | | grounds, in public parks, or on other public lands or neighborhood |
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117 | 117 | | common areas or other areas available for the use and enjoyment of |
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118 | 118 | | the public. |
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119 | 119 | | SECTION 2. This Act applies only to ad valorem taxes imposed for a |
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120 | 120 | | tax year beginning on or after the effective date of this Act. |
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121 | 121 | | SECTION 3. This Act takes effect September 1, 2015. |
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