Texas 2015 - 84th Regular

Texas Senate Bill SB1687 Compare Versions

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11 By: Ellis S.B. No. 1687
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the exemption from ad valorem taxation of property
77 owned by charitable organizations that engage in or support the
88 planting, growing, cultivation, or maintenance of trees in public
99 areas.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 11.18(d), Tax Code, is amended to read as
1212 follows:
1313 (d) A charitable organization must be organized exclusively to
1414 perform religious, charitable, scientific, literary, or
1515 educational purposes and, except as permitted by Subsections (h)
1616 and (l), engage exclusively in performing one or more of the
1717 following charitable functions:
1818 (1) providing medical care without regard to the beneficiaries'
1919 ability to pay, which in the case of a nonprofit hospital or
2020 hospital system means providing charity care and community benefits
2121 in accordance with Section 11.1801;
2222 (2) providing support or relief to orphans, delinquent,
2323 dependent, or handicapped children in need of residential care,
2424 abused or battered spouses or children in need of temporary
2525 shelter, the impoverished, or victims of natural disaster without
2626 regard to the beneficiaries' ability to pay;
2727 (3) providing support without regard to the beneficiaries'
2828 ability to pay to:
2929 (A) elderly persons, including the provision of:
3030 (i) recreational or social activities; and
3131 (ii) facilities designed to address the special needs of elderly
3232 persons; or
3333 (B) the handicapped, including training and employment:
3434 (i) in the production of commodities; or
3535 (ii) in the provision of services under 41 U.S.C. Sections 46-48c;
3636 (4) preserving a historical landmark or site;
3737 (5) promoting or operating a museum, zoo, library, theater of the
3838 dramatic or performing arts, or symphony orchestra or choir;
3939 (6) promoting or providing humane treatment of animals;
4040 (7) acquiring, storing, transporting, selling, or distributing
4141 water for public use;
4242 (8) answering fire alarms and extinguishing fires with no
4343 compensation or only nominal compensation to the members of the
4444 organization;
4545 (9) promoting the athletic development of boys or girls under the
4646 age of 18 years;
4747 (10) preserving or conserving wildlife;
4848 (11) promoting educational development through loans or
4949 scholarships to students;
5050 (12) providing halfway house services pursuant to a certification
5151 as a halfway house by the parole division of the Texas Department of
5252 Criminal Justice;
5353 (13) providing permanent housing and related social, health care,
5454 and educational facilities for persons who are 62 years of age or
5555 older without regard to the residents' ability to pay;
5656 (14) promoting or operating an art gallery, museum, or collection,
5757 in a permanent location or on tour, that is open to the public;
5858 (15) providing for the organized solicitation and collection for
5959 distributions through gifts, grants, and agreements to nonprofit
6060 charitable, education, religious, and youth organizations that
6161 provide direct human, health, and welfare services;
6262 (16) performing biomedical or scientific research or biomedical
6363 or scientific education for the benefit of the public;
6464 (17) operating a television station that produces or broadcasts
6565 educational, cultural, or other public interest programming and
6666 that receives grants from the Corporation for Public Broadcasting
6767 under 47 U.S.C. Section 396, as amended;
6868 (18) providing housing for low-income and moderate-income
6969 families, for unmarried individuals 62 years of age or older, for
7070 handicapped individuals, and for families displaced by urban
7171 renewal, through the use of trust assets that are irrevocably and,
7272 pursuant to a contract entered into before December 31, 1972,
7373 contractually dedicated on the sale or disposition of the housing
7474 to a charitable organization that performs charitable functions
7575 described by Subdivision (9);
7676 (19) providing housing and related services to persons who are 62
7777 years of age or older in a retirement community, if the retirement
7878 community provides independent living services, assisted living
7979 services, and nursing services to its residents on a single campus:
8080 (A) without regard to the residents' ability to pay; or
8181 (B) in which at least four percent of the retirement community's
8282 combined net resident revenue is provided in charitable care to its
8383 residents;
8484 (20) providing housing on a cooperative basis to students of an
8585 institution of higher education if:
8686 (A) the organization is exempt from federal income taxation under
8787 Section 501(a), Internal Revenue Code of 1986, as amended, by being
8888 listed as an exempt entity under Section 501(c)(3) of that code;
8989 (B) membership in the organization is open to all students
9090 enrolled in the institution and is not limited to those chosen by
9191 current members of the organization;
9292 (C) the organization is governed by its members; and
9393 (D) the members of the organization share the responsibility for
9494 managing the housing;
9595 (21) acquiring, holding, and transferring unimproved real
9696 property under an urban land bank demonstration program established
9797 under Chapter 379C, Local Government Code, as or on behalf of a land
9898 bank;
9999 (22) acquiring, holding, and transferring unimproved real
100100 property under an urban land bank program established under Chapter
101101 379E, Local Government Code, as or on behalf of a land bank;
102102 (23) providing housing and related services to individuals who:
103103 (A) are unaccompanied and homeless and have a disabling condition;
104104 and
105105 (B) have been continuously homeless for a year or more or have had
106106 at least four episodes of homelessness in the preceding three
107107 years; [or]
108108 (24) operating a radio station that broadcasts educational,
109109 cultural, or other public interest programming, including
110110 classical music, and that in the preceding five years has received
111111 or been selected to receive one or more grants from the Corporation
112112 for Public Broadcasting under 47 U.S.C. Section 396, as amended; or
113113 (25) planting, growing, transplanting, cultivating and
114114 maintaining trees that are located or to be located exclusively on
115115 public rights-of-way, in public easements, on public school
116116 grounds, in public parks, or on other public lands or neighborhood
117117 common areas or other areas available for the use and enjoyment of
118118 the public.
119119 SECTION 2. This Act applies only to ad valorem taxes imposed for a
120120 tax year beginning on or after the effective date of this Act.
121121 SECTION 3. This Act takes effect September 1, 2015.