Texas 2025 - 89th Regular

Texas House Bill HB2525 Compare Versions

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11 89R3489 RDS-F
22 By: Darby H.B. No. 2525
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57 A BILL TO BE ENTITLED
68 AN ACT
79 relating to the exemption from ad valorem taxation of certain
810 property owned by a charitable organization that is engaged in
911 providing housing and related facilities and services to persons
1012 who are at least 62 years of age.
1113 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1214 SECTION 1. Section 11.18(d), Tax Code, is amended to read as
1315 follows:
1416 (d) A charitable organization must be organized exclusively
1517 to perform religious, charitable, scientific, literary, or
1618 educational purposes and, except as permitted by Subsections (h)
1719 and (l), engage exclusively in performing one or more of the
1820 following charitable functions:
1921 (1) providing medical care without regard to the
2022 beneficiaries' ability to pay, which in the case of a nonprofit
2123 hospital or hospital system means providing charity care and
2224 community benefits in accordance with Section 11.1801;
2325 (2) providing support or relief to orphans, delinquent
2426 or dependent children in need of residential care, children with
2527 disabilities in need of residential care, abused or battered
2628 spouses or children in need of temporary shelter, the impoverished,
2729 or victims of natural disaster without regard to the beneficiaries'
2830 ability to pay;
2931 (3) providing support without regard to the
3032 beneficiaries' ability to pay to:
3133 (A) elderly persons, including the provision of:
3234 (i) recreational or social activities; and
3335 (ii) facilities designed to address the
3436 special needs of elderly persons; or
3537 (B) persons with disabilities, including
3638 training and employment:
3739 (i) in the production of commodities; or
3840 (ii) in the provision of services under 41
3941 U.S.C. Sections 8501-8506;
4042 (4) preserving a historical landmark or site;
4143 (5) promoting or operating a museum, zoo, library,
4244 theater of the dramatic or performing arts, or symphony orchestra
4345 or choir;
4446 (6) promoting or providing humane treatment of
4547 animals;
4648 (7) acquiring, storing, transporting, selling, or
4749 distributing water for public use;
4850 (8) answering fire alarms and extinguishing fires with
4951 no compensation or only nominal compensation to the members of the
5052 organization;
5153 (9) promoting the athletic development of boys or
5254 girls under the age of 18 years;
5355 (10) preserving or conserving wildlife;
5456 (11) promoting educational development through loans
5557 or scholarships to students;
5658 (12) providing halfway house services pursuant to a
5759 certification as a halfway house by the parole division of the Texas
5860 Department of Criminal Justice;
5961 (13) providing permanent housing and related social,
6062 health care, and educational facilities for persons who are 62
6163 years of age or older:
6264 (A) without regard to the residents' ability to
6365 pay; or
6466 (B) as an organization that provides charitable
6567 housing and services in an amount that is not less than four percent
6668 of the charitable organization's net resident revenue;
6769 (14) promoting or operating an art gallery, museum, or
6870 collection, in a permanent location or on tour, that is open to the
6971 public;
7072 (15) providing for the organized solicitation and
7173 collection for distributions through gifts, grants, and agreements
7274 to nonprofit charitable, education, religious, and youth
7375 organizations that provide direct human, health, and welfare
7476 services;
7577 (16) performing biomedical or scientific research or
7678 biomedical or scientific education for the benefit of the public;
7779 (17) operating a television station that produces or
7880 broadcasts educational, cultural, or other public interest
7981 programming and that receives grants from the Corporation for
8082 Public Broadcasting under 47 U.S.C. Section 396, as amended;
8183 (18) providing housing for low-income and
8284 moderate-income families, for unmarried individuals 62 years of age
8385 or older, for individuals with disabilities, and for families
8486 displaced by urban renewal, through the use of trust assets that are
8587 irrevocably and, pursuant to a contract entered into before
8688 December 31, 1972, contractually dedicated on the sale or
8789 disposition of the housing to a charitable organization that
8890 performs charitable functions described by Subdivision (9);
8991 (19) providing housing and related services to persons
9092 who are 62 years of age or older in a retirement community, if the
9193 retirement community provides independent living services,
9294 assisted living services, and nursing services to its residents on
9395 a single campus:
9496 (A) without regard to the residents' ability to
9597 pay; or
9698 (B) as an organization that provides charitable
9799 housing and services in an amount that is not less than four percent
98100 of the charitable organization's net resident revenue [in which at
99101 least four percent of the retirement community's combined net
100102 resident revenue is provided in charitable care to its residents];
101103 (20) providing housing on a cooperative basis to
102104 students of an institution of higher education if:
103105 (A) the organization is exempt from federal
104106 income taxation under Section 501(a), Internal Revenue Code of
105107 1986, as amended, by being listed as an exempt entity under Section
106108 501(c)(3) of that code;
107109 (B) membership in the organization is open to all
108110 students enrolled in the institution and is not limited to those
109111 chosen by current members of the organization;
110112 (C) the organization is governed by its members;
111113 and
112114 (D) the members of the organization share the
113115 responsibility for managing the housing;
114116 (21) acquiring, holding, and transferring unimproved
115117 real property under an urban land bank demonstration program
116118 established under Chapter 379C, Local Government Code, as or on
117119 behalf of a land bank;
118120 (22) acquiring, holding, and transferring unimproved
119121 real property under an urban land bank program established under
120122 Chapter 379E, Local Government Code, as or on behalf of a land bank;
121123 (23) providing housing and related services to
122124 individuals who:
123125 (A) are unaccompanied and homeless and have a
124126 disabling condition; and
125127 (B) have been continuously homeless for a year or
126128 more or have had at least four episodes of homelessness in the
127129 preceding three years;
128130 (24) operating a radio station that broadcasts
129131 educational, cultural, or other public interest programming,
130132 including classical music, and that in the preceding five years has
131133 received or been selected to receive one or more grants from the
132134 Corporation for Public Broadcasting under 47 U.S.C. Section 396, as
133135 amended;
134136 (25) providing, without regard to the beneficiaries'
135137 ability to pay, tax return preparation services and assistance with
136138 other financial matters; or
137139 (26) providing services related to planning for the
138140 placement of or placing children in foster or adoptive homes or
139141 providing support or relief to women who are or may be pregnant and
140142 who are considering placing their unborn children for adoption.
141143 SECTION 2. Section 11.18(k), Tax Code, is amended by adding
142144 Subdivision (1-a) and amending Subdivision (2) to read as follows:
143145 (1-a) "Charitable housing and services" means the
144146 following provided by a charitable organization to a person 62
145147 years of age or older in financial need:
146148 (A) housing, including as an independent living
147149 facility, assisted living facility, or nursing facility; and
148150 (B) any service designed to meet the unique needs
149151 of a person 62 years of age or older, including:
150152 (i) ministerial services;
151153 (ii) government-sponsored indigent health
152154 care;
153155 (iii) social services;
154156 (iv) health services;
155157 (v) educational services; and
156158 (vi) donations to an organization that
157159 qualifies for an exemption under Subsection (d)(13) or (19).
158160 (2) "Charity care," "government-sponsored indigent
159161 health care," and "net resident revenue" are determined in the same
160162 manner for a retirement community or nursing home as "charity
161163 care," "government-sponsored indigent health care," and "net
162164 patient revenue," respectively, are determined for a hospital under
163165 Section 11.1801(a)(2).
164166 SECTION 3. The changes in law made by this Act apply only to
165167 an ad valorem tax year that begins on or after the effective date of
166168 this Act.
167169 SECTION 4. This Act takes effect January 1, 2026.