Texas 2025 - 89th Regular

Texas Senate Bill SB1237 Compare Versions

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11 89R3489 RDS-F
22 By: Paxton S.B. No. 1237
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the exemption from ad valorem taxation of certain
1010 property owned by a charitable organization that is engaged in
1111 providing housing and related facilities and services to persons
1212 who are at least 62 years of age.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 11.18(d), Tax Code, is amended to read as
1515 follows:
1616 (d) A charitable organization must be organized exclusively
1717 to perform religious, charitable, scientific, literary, or
1818 educational purposes and, except as permitted by Subsections (h)
1919 and (l), engage exclusively in performing one or more of the
2020 following charitable functions:
2121 (1) providing medical care without regard to the
2222 beneficiaries' ability to pay, which in the case of a nonprofit
2323 hospital or hospital system means providing charity care and
2424 community benefits in accordance with Section 11.1801;
2525 (2) providing support or relief to orphans, delinquent
2626 or dependent children in need of residential care, children with
2727 disabilities in need of residential care, abused or battered
2828 spouses or children in need of temporary shelter, the impoverished,
2929 or victims of natural disaster without regard to the beneficiaries'
3030 ability to pay;
3131 (3) providing support without regard to the
3232 beneficiaries' ability to pay to:
3333 (A) elderly persons, including the provision of:
3434 (i) recreational or social activities; and
3535 (ii) facilities designed to address the
3636 special needs of elderly persons; or
3737 (B) persons with disabilities, including
3838 training and employment:
3939 (i) in the production of commodities; or
4040 (ii) in the provision of services under 41
4141 U.S.C. Sections 8501-8506;
4242 (4) preserving a historical landmark or site;
4343 (5) promoting or operating a museum, zoo, library,
4444 theater of the dramatic or performing arts, or symphony orchestra
4545 or choir;
4646 (6) promoting or providing humane treatment of
4747 animals;
4848 (7) acquiring, storing, transporting, selling, or
4949 distributing water for public use;
5050 (8) answering fire alarms and extinguishing fires with
5151 no compensation or only nominal compensation to the members of the
5252 organization;
5353 (9) promoting the athletic development of boys or
5454 girls under the age of 18 years;
5555 (10) preserving or conserving wildlife;
5656 (11) promoting educational development through loans
5757 or scholarships to students;
5858 (12) providing halfway house services pursuant to a
5959 certification as a halfway house by the parole division of the Texas
6060 Department of Criminal Justice;
6161 (13) providing permanent housing and related social,
6262 health care, and educational facilities for persons who are 62
6363 years of age or older:
6464 (A) without regard to the residents' ability to
6565 pay; or
6666 (B) as an organization that provides charitable
6767 housing and services in an amount that is not less than four percent
6868 of the charitable organization's net resident revenue;
6969 (14) promoting or operating an art gallery, museum, or
7070 collection, in a permanent location or on tour, that is open to the
7171 public;
7272 (15) providing for the organized solicitation and
7373 collection for distributions through gifts, grants, and agreements
7474 to nonprofit charitable, education, religious, and youth
7575 organizations that provide direct human, health, and welfare
7676 services;
7777 (16) performing biomedical or scientific research or
7878 biomedical or scientific education for the benefit of the public;
7979 (17) operating a television station that produces or
8080 broadcasts educational, cultural, or other public interest
8181 programming and that receives grants from the Corporation for
8282 Public Broadcasting under 47 U.S.C. Section 396, as amended;
8383 (18) providing housing for low-income and
8484 moderate-income families, for unmarried individuals 62 years of age
8585 or older, for individuals with disabilities, and for families
8686 displaced by urban renewal, through the use of trust assets that are
8787 irrevocably and, pursuant to a contract entered into before
8888 December 31, 1972, contractually dedicated on the sale or
8989 disposition of the housing to a charitable organization that
9090 performs charitable functions described by Subdivision (9);
9191 (19) providing housing and related services to persons
9292 who are 62 years of age or older in a retirement community, if the
9393 retirement community provides independent living services,
9494 assisted living services, and nursing services to its residents on
9595 a single campus:
9696 (A) without regard to the residents' ability to
9797 pay; or
9898 (B) as an organization that provides charitable
9999 housing and services in an amount that is not less than four percent
100100 of the charitable organization's net resident revenue [in which at
101101 least four percent of the retirement community's combined net
102102 resident revenue is provided in charitable care to its residents];
103103 (20) providing housing on a cooperative basis to
104104 students of an institution of higher education if:
105105 (A) the organization is exempt from federal
106106 income taxation under Section 501(a), Internal Revenue Code of
107107 1986, as amended, by being listed as an exempt entity under Section
108108 501(c)(3) of that code;
109109 (B) membership in the organization is open to all
110110 students enrolled in the institution and is not limited to those
111111 chosen by current members of the organization;
112112 (C) the organization is governed by its members;
113113 and
114114 (D) the members of the organization share the
115115 responsibility for managing the housing;
116116 (21) acquiring, holding, and transferring unimproved
117117 real property under an urban land bank demonstration program
118118 established under Chapter 379C, Local Government Code, as or on
119119 behalf of a land bank;
120120 (22) acquiring, holding, and transferring unimproved
121121 real property under an urban land bank program established under
122122 Chapter 379E, Local Government Code, as or on behalf of a land bank;
123123 (23) providing housing and related services to
124124 individuals who:
125125 (A) are unaccompanied and homeless and have a
126126 disabling condition; and
127127 (B) have been continuously homeless for a year or
128128 more or have had at least four episodes of homelessness in the
129129 preceding three years;
130130 (24) operating a radio station that broadcasts
131131 educational, cultural, or other public interest programming,
132132 including classical music, and that in the preceding five years has
133133 received or been selected to receive one or more grants from the
134134 Corporation for Public Broadcasting under 47 U.S.C. Section 396, as
135135 amended;
136136 (25) providing, without regard to the beneficiaries'
137137 ability to pay, tax return preparation services and assistance with
138138 other financial matters; or
139139 (26) providing services related to planning for the
140140 placement of or placing children in foster or adoptive homes or
141141 providing support or relief to women who are or may be pregnant and
142142 who are considering placing their unborn children for adoption.
143143 SECTION 2. Section 11.18(k), Tax Code, is amended by adding
144144 Subdivision (1-a) and amending Subdivision (2) to read as follows:
145145 (1-a) "Charitable housing and services" means the
146146 following provided by a charitable organization to a person 62
147147 years of age or older in financial need:
148148 (A) housing, including as an independent living
149149 facility, assisted living facility, or nursing facility; and
150150 (B) any service designed to meet the unique needs
151151 of a person 62 years of age or older, including:
152152 (i) ministerial services;
153153 (ii) government-sponsored indigent health
154154 care;
155155 (iii) social services;
156156 (iv) health services;
157157 (v) educational services; and
158158 (vi) donations to an organization that
159159 qualifies for an exemption under Subsection (d)(13) or (19).
160160 (2) "Charity care," "government-sponsored indigent
161161 health care," and "net resident revenue" are determined in the same
162162 manner for a retirement community or nursing home as "charity
163163 care," "government-sponsored indigent health care," and "net
164164 patient revenue," respectively, are determined for a hospital under
165165 Section 11.1801(a)(2).
166166 SECTION 3. The changes in law made by this Act apply only to
167167 an ad valorem tax year that begins on or after the effective date of
168168 this Act.
169169 SECTION 4. This Act takes effect January 1, 2026.