Texas 2019 - 86th Regular

Texas House Bill HB4528

Caption

Relating to the ad valorem taxation of a leasehold or other possessory interest in certain property owned by a municipality.

Impact

The enactment of HB4528 will pivotally influence state taxation laws by providing clarity on how leasehold interests in municipal properties are treated. This could have significant implications for businesses and organizations operating within these properties, potentially easing their tax liability. Ultimately, the law encourages the use of municipal facilities for activities that benefit the public, without imposing additional financial burdens through taxation of possessory interests. It will apply only to properties completed after January 1, 2019, ensuring recent developments are covered under these provisions.

Summary

House Bill 4528 addresses the ad valorem taxation of leasehold or possessory interests in certain properties owned by municipalities. The bill specifically amends Section 25.07 of the Texas Tax Code to clarify the conditions under which such interests may be listed for taxation. Primarily, it outlines several exemptions pertaining to various types of properties, such as airport facilities, public parks, and public transportation facilities that serve governmental functions. These exemptions aim to prevent tax burdens on entities leasing municipal properties that serve a public purpose.

Contention

While the bill is designed to promote municipal collaboration and support public-serving ventures, it may encounter contention regarding its interpretation and application. Potential concerns may arise over the criteria determining what constitutes a facility serving a governmental purpose and how this impacts various municipal projects and economic development strategies. Stakeholders will need to navigate the complexities of the law to ensure that the intended benefits of tax exemptions are realized without creating loopholes that might be exploited.

Companion Bills

TX SB1771

Same As Relating to the ad valorem taxation of a leasehold or other possessory interest in certain property owned by a municipality.

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