Texas 2025 - 89th Regular

Texas Senate Bill SB2170 Compare Versions

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11 89R13864 CS-F
22 By: Hall S.B. No. 2170
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the exemption from ad valorem taxation of property of a
1010 charitable organization that provides financial support for
1111 medical care at certain institutions of higher education.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Sections 11.18(a) and (d), Tax Code, are amended
1414 to read as follows:
1515 (a) An organization that qualifies as a charitable
1616 organization as provided by this section is entitled to an
1717 exemption from taxation of:
1818 (1) the buildings and tangible personal property that:
1919 (A) are owned by the charitable organization; and
2020 (B) except as permitted by Subsection (b), are
2121 used exclusively by qualified charitable organizations;
2222 (2) the real property owned by the charitable
2323 organization consisting of:
2424 (A) an incomplete improvement that:
2525 (i) is under active construction or other
2626 physical preparation; and
2727 (ii) is designed and intended to be used
2828 exclusively by qualified charitable organizations; and
2929 (B) the land on which the incomplete improvement
3030 is located that will be reasonably necessary for the use of the
3131 improvement by qualified charitable organizations; and
3232 (3) if the charitable organization is described by
3333 Subsection (d)(1), (2), (3)(A)(ii), (5), (8), (13), (15), [or]
3434 (19), or (27), the real property owned by the charitable
3535 organization consisting of an interest in a mineral in place,
3636 including a royalty interest, provided that the interest:
3737 (A) is not severed from the surface estate; or
3838 (B) was donated to the charitable organization by
3939 the previous owner of the interest.
4040 (d) A charitable organization must be organized exclusively
4141 to perform religious, charitable, scientific, literary, or
4242 educational purposes and, except as permitted by Subsections (h)
4343 and (l), engage exclusively in performing one or more of the
4444 following charitable functions:
4545 (1) providing medical care without regard to the
4646 beneficiaries' ability to pay, which in the case of a nonprofit
4747 hospital or hospital system means providing charity care and
4848 community benefits in accordance with Section 11.1801;
4949 (2) providing support or relief to orphans, delinquent
5050 or dependent children in need of residential care, children with
5151 disabilities in need of residential care, abused or battered
5252 spouses or children in need of temporary shelter, the impoverished,
5353 or victims of natural disaster without regard to the beneficiaries'
5454 ability to pay;
5555 (3) providing support without regard to the
5656 beneficiaries' ability to pay to:
5757 (A) elderly persons, including the provision of:
5858 (i) recreational or social activities; and
5959 (ii) facilities designed to address the
6060 special needs of elderly persons; or
6161 (B) persons with disabilities, including
6262 training and employment:
6363 (i) in the production of commodities; or
6464 (ii) in the provision of services under 41
6565 U.S.C. Sections 8501-8506;
6666 (4) preserving a historical landmark or site;
6767 (5) promoting or operating a museum, zoo, library,
6868 theater of the dramatic or performing arts, or symphony orchestra
6969 or choir;
7070 (6) promoting or providing humane treatment of
7171 animals;
7272 (7) acquiring, storing, transporting, selling, or
7373 distributing water for public use;
7474 (8) answering fire alarms and extinguishing fires with
7575 no compensation or only nominal compensation to the members of the
7676 organization;
7777 (9) promoting the athletic development of boys or
7878 girls under the age of 18 years;
7979 (10) preserving or conserving wildlife;
8080 (11) promoting educational development through loans
8181 or scholarships to students;
8282 (12) providing halfway house services pursuant to a
8383 certification as a halfway house by the parole division of the Texas
8484 Department of Criminal Justice;
8585 (13) providing permanent housing and related social,
8686 health care, and educational facilities for persons who are 62
8787 years of age or older without regard to the residents' ability to
8888 pay;
8989 (14) promoting or operating an art gallery, museum, or
9090 collection, in a permanent location or on tour, that is open to the
9191 public;
9292 (15) providing for the organized solicitation and
9393 collection for distributions through gifts, grants, and agreements
9494 to nonprofit charitable, education, religious, and youth
9595 organizations that provide direct human, health, and welfare
9696 services;
9797 (16) performing biomedical or scientific research or
9898 biomedical or scientific education for the benefit of the public;
9999 (17) operating a television station that produces or
100100 broadcasts educational, cultural, or other public interest
101101 programming and that receives grants from the Corporation for
102102 Public Broadcasting under 47 U.S.C. Section 396, as amended;
103103 (18) providing housing for low-income and
104104 moderate-income families, for unmarried individuals 62 years of age
105105 or older, for individuals with disabilities, and for families
106106 displaced by urban renewal, through the use of trust assets that are
107107 irrevocably and, pursuant to a contract entered into before
108108 December 31, 1972, contractually dedicated on the sale or
109109 disposition of the housing to a charitable organization that
110110 performs charitable functions described by Subdivision (9);
111111 (19) providing housing and related services to persons
112112 who are 62 years of age or older in a retirement community, if the
113113 retirement community provides independent living services,
114114 assisted living services, and nursing services to its residents on
115115 a single campus:
116116 (A) without regard to the residents' ability to
117117 pay; or
118118 (B) in which at least four percent of the
119119 retirement community's combined net resident revenue is provided in
120120 charitable care to its residents;
121121 (20) providing housing on a cooperative basis to
122122 students of an institution of higher education if:
123123 (A) the organization is exempt from federal
124124 income taxation under Section 501(a), Internal Revenue Code of
125125 1986, as amended, by being listed as an exempt entity under Section
126126 501(c)(3) of that code;
127127 (B) membership in the organization is open to all
128128 students enrolled in the institution and is not limited to those
129129 chosen by current members of the organization;
130130 (C) the organization is governed by its members;
131131 and
132132 (D) the members of the organization share the
133133 responsibility for managing the housing;
134134 (21) acquiring, holding, and transferring unimproved
135135 real property under an urban land bank demonstration program
136136 established under Chapter 379C, Local Government Code, as or on
137137 behalf of a land bank;
138138 (22) acquiring, holding, and transferring unimproved
139139 real property under an urban land bank program established under
140140 Chapter 379E, Local Government Code, as or on behalf of a land bank;
141141 (23) providing housing and related services to
142142 individuals who:
143143 (A) are unaccompanied and homeless and have a
144144 disabling condition; and
145145 (B) have been continuously homeless for a year or
146146 more or have had at least four episodes of homelessness in the
147147 preceding three years;
148148 (24) operating a radio station that broadcasts
149149 educational, cultural, or other public interest programming,
150150 including classical music, and that in the preceding five years has
151151 received or been selected to receive one or more grants from the
152152 Corporation for Public Broadcasting under 47 U.S.C. Section 396, as
153153 amended;
154154 (25) providing, without regard to the beneficiaries'
155155 ability to pay, tax return preparation services and assistance with
156156 other financial matters; [or]
157157 (26) providing services related to planning for the
158158 placement of or placing children in foster or adoptive homes or
159159 providing support or relief to women who are or may be pregnant and
160160 who are considering placing their unborn children for adoption; or
161161 (27) providing financial support for medical care at
162162 an institution of higher education described by Section 63.101,
163163 Education Code.
164164 SECTION 2. The changes in law made by this Act apply only to
165165 an ad valorem tax year that begins on or after the effective date of
166166 this Act.
167167 SECTION 3. This Act takes effect January 1, 2026.