3 | 5 | | |
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4 | 6 | | |
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5 | 7 | | A BILL TO BE ENTITLED |
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6 | 8 | | AN ACT |
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7 | 9 | | relating to the exemption from ad valorem taxation of certain |
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8 | 10 | | property owned by a charitable organization that is engaged in |
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9 | 11 | | providing housing and related facilities and services to persons |
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10 | 12 | | who are at least 62 years of age. |
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11 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 14 | | SECTION 1. Section 11.18(d), Tax Code, is amended to read as |
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13 | 15 | | follows: |
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14 | 16 | | (d) A charitable organization must be organized exclusively |
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15 | 17 | | to perform religious, charitable, scientific, literary, or |
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16 | 18 | | educational purposes and, except as permitted by Subsections (h) |
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17 | 19 | | and (l), engage exclusively in performing one or more of the |
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18 | 20 | | following charitable functions: |
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19 | 21 | | (1) providing medical care without regard to the |
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20 | 22 | | beneficiaries' ability to pay, which in the case of a nonprofit |
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21 | 23 | | hospital or hospital system means providing charity care and |
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22 | 24 | | community benefits in accordance with Section 11.1801; |
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23 | 25 | | (2) providing support or relief to orphans, delinquent |
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24 | 26 | | or dependent children in need of residential care, children with |
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25 | 27 | | disabilities in need of residential care, abused or battered |
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26 | 28 | | spouses or children in need of temporary shelter, the impoverished, |
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27 | 29 | | or victims of natural disaster without regard to the beneficiaries' |
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28 | 30 | | ability to pay; |
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29 | 31 | | (3) providing support without regard to the |
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30 | 32 | | beneficiaries' ability to pay to: |
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31 | 33 | | (A) elderly persons, including the provision of: |
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32 | 34 | | (i) recreational or social activities; and |
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33 | 35 | | (ii) facilities designed to address the |
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34 | 36 | | special needs of elderly persons; or |
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35 | 37 | | (B) persons with disabilities, including |
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36 | 38 | | training and employment: |
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37 | 39 | | (i) in the production of commodities; or |
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38 | 40 | | (ii) in the provision of services under 41 |
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39 | 41 | | U.S.C. Sections 8501-8506; |
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40 | 42 | | (4) preserving a historical landmark or site; |
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41 | 43 | | (5) promoting or operating a museum, zoo, library, |
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42 | 44 | | theater of the dramatic or performing arts, or symphony orchestra |
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43 | 45 | | or choir; |
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44 | 46 | | (6) promoting or providing humane treatment of |
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45 | 47 | | animals; |
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46 | 48 | | (7) acquiring, storing, transporting, selling, or |
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47 | 49 | | distributing water for public use; |
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48 | 50 | | (8) answering fire alarms and extinguishing fires with |
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49 | 51 | | no compensation or only nominal compensation to the members of the |
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50 | 52 | | organization; |
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51 | 53 | | (9) promoting the athletic development of boys or |
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52 | 54 | | girls under the age of 18 years; |
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53 | 55 | | (10) preserving or conserving wildlife; |
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54 | 56 | | (11) promoting educational development through loans |
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55 | 57 | | or scholarships to students; |
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56 | 58 | | (12) providing halfway house services pursuant to a |
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57 | 59 | | certification as a halfway house by the parole division of the Texas |
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58 | 60 | | Department of Criminal Justice; |
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59 | 61 | | (13) providing permanent housing and related social, |
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60 | 62 | | health care, and educational facilities for persons who are 62 |
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61 | 63 | | years of age or older: |
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62 | 64 | | (A) without regard to the residents' ability to |
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63 | 65 | | pay; or |
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64 | 66 | | (B) as an organization that provides charitable |
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65 | 67 | | housing and services in an amount that is not less than four percent |
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66 | 68 | | of the charitable organization's net resident revenue; |
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67 | 69 | | (14) promoting or operating an art gallery, museum, or |
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68 | 70 | | collection, in a permanent location or on tour, that is open to the |
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69 | 71 | | public; |
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70 | 72 | | (15) providing for the organized solicitation and |
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71 | 73 | | collection for distributions through gifts, grants, and agreements |
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72 | 74 | | to nonprofit charitable, education, religious, and youth |
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73 | 75 | | organizations that provide direct human, health, and welfare |
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74 | 76 | | services; |
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75 | 77 | | (16) performing biomedical or scientific research or |
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76 | 78 | | biomedical or scientific education for the benefit of the public; |
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77 | 79 | | (17) operating a television station that produces or |
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78 | 80 | | broadcasts educational, cultural, or other public interest |
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79 | 81 | | programming and that receives grants from the Corporation for |
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80 | 82 | | Public Broadcasting under 47 U.S.C. Section 396, as amended; |
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81 | 83 | | (18) providing housing for low-income and |
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82 | 84 | | moderate-income families, for unmarried individuals 62 years of age |
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83 | 85 | | or older, for individuals with disabilities, and for families |
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84 | 86 | | displaced by urban renewal, through the use of trust assets that are |
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85 | 87 | | irrevocably and, pursuant to a contract entered into before |
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86 | 88 | | December 31, 1972, contractually dedicated on the sale or |
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87 | 89 | | disposition of the housing to a charitable organization that |
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88 | 90 | | performs charitable functions described by Subdivision (9); |
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89 | 91 | | (19) providing housing and related services to persons |
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90 | 92 | | who are 62 years of age or older in a retirement community, if the |
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91 | 93 | | retirement community provides independent living services, |
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92 | 94 | | assisted living services, and nursing services to its residents on |
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93 | 95 | | a single campus: |
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94 | 96 | | (A) without regard to the residents' ability to |
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95 | 97 | | pay; or |
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96 | 98 | | (B) as an organization that provides charitable |
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97 | 99 | | housing and services in an amount that is not less than four percent |
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98 | 100 | | of the charitable organization's net resident revenue [in which at |
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99 | 101 | | least four percent of the retirement community's combined net |
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100 | 102 | | resident revenue is provided in charitable care to its residents]; |
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101 | 103 | | (20) providing housing on a cooperative basis to |
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102 | 104 | | students of an institution of higher education if: |
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103 | 105 | | (A) the organization is exempt from federal |
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104 | 106 | | income taxation under Section 501(a), Internal Revenue Code of |
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105 | 107 | | 1986, as amended, by being listed as an exempt entity under Section |
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106 | 108 | | 501(c)(3) of that code; |
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107 | 109 | | (B) membership in the organization is open to all |
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108 | 110 | | students enrolled in the institution and is not limited to those |
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109 | 111 | | chosen by current members of the organization; |
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110 | 112 | | (C) the organization is governed by its members; |
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111 | 113 | | and |
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112 | 114 | | (D) the members of the organization share the |
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113 | 115 | | responsibility for managing the housing; |
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114 | 116 | | (21) acquiring, holding, and transferring unimproved |
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115 | 117 | | real property under an urban land bank demonstration program |
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116 | 118 | | established under Chapter 379C, Local Government Code, as or on |
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117 | 119 | | behalf of a land bank; |
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118 | 120 | | (22) acquiring, holding, and transferring unimproved |
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119 | 121 | | real property under an urban land bank program established under |
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120 | 122 | | Chapter 379E, Local Government Code, as or on behalf of a land bank; |
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121 | 123 | | (23) providing housing and related services to |
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122 | 124 | | individuals who: |
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123 | 125 | | (A) are unaccompanied and homeless and have a |
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124 | 126 | | disabling condition; and |
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125 | 127 | | (B) have been continuously homeless for a year or |
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126 | 128 | | more or have had at least four episodes of homelessness in the |
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127 | 129 | | preceding three years; |
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128 | 130 | | (24) operating a radio station that broadcasts |
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129 | 131 | | educational, cultural, or other public interest programming, |
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130 | 132 | | including classical music, and that in the preceding five years has |
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131 | 133 | | received or been selected to receive one or more grants from the |
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132 | 134 | | Corporation for Public Broadcasting under 47 U.S.C. Section 396, as |
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133 | 135 | | amended; |
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134 | 136 | | (25) providing, without regard to the beneficiaries' |
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135 | 137 | | ability to pay, tax return preparation services and assistance with |
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136 | 138 | | other financial matters; or |
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137 | 139 | | (26) providing services related to planning for the |
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138 | 140 | | placement of or placing children in foster or adoptive homes or |
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139 | 141 | | providing support or relief to women who are or may be pregnant and |
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140 | 142 | | who are considering placing their unborn children for adoption. |
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141 | 143 | | SECTION 2. Section 11.18(k), Tax Code, is amended by adding |
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142 | 144 | | Subdivision (1-a) and amending Subdivision (2) to read as follows: |
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143 | 145 | | (1-a) "Charitable housing and services" means the |
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144 | 146 | | following provided by a charitable organization to a person 62 |
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145 | 147 | | years of age or older in financial need: |
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146 | 148 | | (A) housing, including as an independent living |
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147 | 149 | | facility, assisted living facility, or nursing facility; and |
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148 | 150 | | (B) any service designed to meet the unique needs |
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149 | 151 | | of a person 62 years of age or older, including: |
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150 | 152 | | (i) ministerial services; |
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151 | 153 | | (ii) government-sponsored indigent health |
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152 | 154 | | care; |
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153 | 155 | | (iii) social services; |
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154 | 156 | | (iv) health services; |
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155 | 157 | | (v) educational services; and |
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156 | 158 | | (vi) donations to an organization that |
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157 | 159 | | qualifies for an exemption under Subsection (d)(13) or (19). |
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158 | 160 | | (2) "Charity care," "government-sponsored indigent |
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159 | 161 | | health care," and "net resident revenue" are determined in the same |
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160 | 162 | | manner for a retirement community or nursing home as "charity |
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161 | 163 | | care," "government-sponsored indigent health care," and "net |
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162 | 164 | | patient revenue," respectively, are determined for a hospital under |
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163 | 165 | | Section 11.1801(a)(2). |
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164 | 166 | | SECTION 3. The changes in law made by this Act apply only to |
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165 | 167 | | an ad valorem tax year that begins on or after the effective date of |
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166 | 168 | | this Act. |
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167 | 169 | | SECTION 4. This Act takes effect January 1, 2026. |
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