By:  Junell                                            H.B. No. 499
       73R672 JD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the exemption from ad valorem taxation of certain
    1-3  property of a charitable organization.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11.18(d), Tax Code, is amended to read as
    1-6  follows:
    1-7        (d)  A charitable organization must be organized exclusively
    1-8  to perform religious, charitable, scientific, literary, or
    1-9  educational purposes and, except as permitted by Subsection (h) of
   1-10  this section, engage exclusively in performing one or more of the
   1-11  following charitable functions:
   1-12              (1)  providing medical care without regard to the
   1-13  beneficiaries' ability to pay;
   1-14              (2)  providing support or relief to orphans,
   1-15  delinquent, dependent, or handicapped children in need of
   1-16  residential care, abused or battered spouses or children in need of
   1-17  temporary shelter, the impoverished, or victims of natural disaster
   1-18  without regard to the beneficiaries' ability to pay;
   1-19              (3)  providing support to elderly persons or the
   1-20  handicapped without regard to the beneficiaries' ability to pay;
   1-21              (4)  preserving a historical landmark or site;
   1-22              (5)  promoting or operating a museum, zoo, library,
   1-23  theater of the dramatic arts, or symphony orchestra or choir;
   1-24              (6)  promoting or providing humane treatment of
    2-1  animals;
    2-2              (7)  acquiring, storing, transporting, selling, or
    2-3  distributing water for public use;
    2-4              (8)  answering fire alarms and extinguishing fires with
    2-5  no compensation or only nominal compensation to the members of the
    2-6  organization;
    2-7              (9)  promoting the athletic development of boys or
    2-8  girls under the age of 18 years;
    2-9              (10)  preserving or conserving wildlife;
   2-10              (11)  promoting educational development through loans
   2-11  or scholarships to students;
   2-12              (12)  providing halfway house services pursuant to a
   2-13  certification as a halfway house by the Board of Pardons and
   2-14  Paroles;
   2-15              (13)  providing permanent housing and related social,
   2-16  health care, and educational facilities for persons who are 62
   2-17  years of age or older:
   2-18                    (A)  without regard to the residents' ability to
   2-19  pay; or
   2-20                    (B)  in conjunction with the operation of a
   2-21  hospital, nursing home, or other facility that, excepting the
   2-22  activities described in this subdivision, engages exclusively in
   2-23  performing the charitable functions described in Subdivision (1) or
   2-24  (3);
   2-25              (14)  promoting or operating an art gallery, museum, or
   2-26  collection, in a permanent location or on tour, that is open to the
   2-27  public;
    3-1              (15)  providing for the organized solicitation and
    3-2  collection for distributions through gifts, grants, and agreements
    3-3  to nonprofit charitable, education, religious, and youth
    3-4  organizations that provide direct human, health, and welfare
    3-5  services;
    3-6              (16)  performing biomedical or scientific research or
    3-7  biomedical or scientific education for the benefit of the public;
    3-8  or
    3-9              (17)  operating a television station that produces or
   3-10  broadcasts educational, cultural, or other public interest
   3-11  programming and that receives grants from the Corporation for
   3-12  Public Broadcasting under 47 U.S.C. Section 396.
   3-13        SECTION 2.  This Act takes effect January 1, 1994, and
   3-14  applies only to the taxation of property for taxes in 1994 and
   3-15  subsequent years.
   3-16        SECTION 3.  The importance of this legislation and the
   3-17  crowded condition of the calendars in both houses create an
   3-18  emergency   and   an   imperative   public   necessity   that   the
   3-19  constitutional rule requiring bills to be read on three several
   3-20  days in each house be suspended, and this rule is hereby suspended.