Texas 2023 - 88th Regular

Texas House Bill HB3621

Filed
3/6/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a local option exemption from ad valorem taxation by a county or municipality of all or part of the appraised value of real property used to operate a child-care facility.

Impact

The enactment of HB 3621 would lead to significant changes in state laws regarding property tax exemptions for childcare facilities. It would allow local governing bodies to decide whether to grant these exemptions and at what percentage, with a minimum threshold of 50% off the appraised property value. This is expected to enhance the stability and affordability of childcare services across Texas. Notably, to qualify for these exemptions, facilities would need to meet certain criteria, including participation in state childcare programs and serving a minimum percentage of subsidized children, which aims to ensure that the benefits reach those most in need.

Summary

House Bill 3621 proposes a local option exemption for ad valorem taxation on properties utilized for childcare facilities. The primary goal of the bill is to relieve financial burdens on childcare operators, which have reportedly been strained by rising operational costs. This legislation recognizes the significant role that childcare facilities play in community welfare, particularly in providing affordable care for families. If adopted, it would empower counties and municipalities to exempt a portion of the appraised value of such properties from local taxation, allowing for more sustainable business operations in the childcare sector.

Sentiment

Overall, the sentiment surrounding HB 3621 has been favorable among advocacy groups and childcare providers. Many viewed the bill as a necessary step towards ensuring the sustainability of childcare services, which have seen a decline in providers due to financial pressures. However, there are concerns voiced by some operators regarding the stipulation of having 20% of enrolled children be subsidized, as this could create barriers to entry for many smaller facilities that cannot meet this requirement, potentially excluding them from crucial tax benefits.

Contention

A notable point of contention lies in the requirement that facilities must serve at least 20% subsidized children to qualify for tax exemptions. Some operators expressed that this might unfairly disadvantage smaller daycare centers that struggle to enroll a sufficient number of subsidized children, thus jeopardizing their operational viability. The debate reflects wider concerns about how policy measures can impact access to quality childcare while attempting to address the fiscal sustainability of these essential services.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 11. Taxable Property And Exemptions
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB1145

Identical Relating to a local option exemption from ad valorem taxation by a county or municipality of all or part of the appraised value of real property used to operate a child-care facility.

TX HJR149

Enabling for Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation real property used to operate a child-care facility.

TX HJR149

Enabling for Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation real property used to operate a child-care facility.

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