By:  Luna                                              S.B. No. 677
       73R6214 JSA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the ad valorem tax appraisal of property owned or used
    1-3  for certain park or recreational purposes.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 23.18, Tax Code, is amended by amending
    1-6  Subsection (a) and adding Subsection (e) to read as follows:
    1-7        (a)  Because many residential subdivisions are developed on
    1-8  the basis of a nonprofit corporation or association maintaining
    1-9  nominal ownership to property, such as swimming pools, <parks,>
   1-10  meeting halls, parking lots, tennis courts, or other similar
   1-11  property, that is held for the use, benefit, and enjoyment of the
   1-12  members of the organization, that nominally owned property is to be
   1-13  appraised as provided by this section on the basis of a nominal
   1-14  value to avoid double taxation of the property that would result
   1-15  from taxation on the basis of market value of both the property of
   1-16  the organization and the residential units or lots of the members
   1-17  of the organization, whose property values are enhanced by the
   1-18  right to use the organization's property.
   1-19        (e)  This section does not apply to:
   1-20              (1)  a golf course; greenbelt; bicycling, jogging, or
   1-21  walking trail; open parkland; outdoor ball park; or playing field;
   1-22  or
   1-23              (2)  open land not used primarily in connection with a
   1-24  building, swimming pool, or other improvement designed for
    2-1  activities that require the covering of the ground with a permanent
    2-2  covering.
    2-3        SECTION 2.  Section 23.81(1), Tax Code, is amended to read as
    2-4  follows:
    2-5              (1)  "Recreational, park, or scenic use" means use for
    2-6  <individual or group sporting activities, for park or> camping
    2-7  activities, for development of historical, archaeological, or
    2-8  scientific sites, or for the conservation and preservation of
    2-9  scenic areas.  The term does not include:
   2-10                    (A)  a golf course; bicycling, jogging, or
   2-11  walking trail; ball park; or playing field; or
   2-12                    (B)  a greenbelt that is part of a platted
   2-13  residential subdivision.
   2-14        SECTION 3.  Section 23.82, Tax Code, is amended by adding
   2-15  Subsection (d) to read as follows:
   2-16        (d)  A voluntary restriction filed under Subsection (a) may
   2-17  be revoked by the owner of the land by filing a written instrument
   2-18  revoking the restriction with the county clerk of the county in
   2-19  which the land is located, if the land was appraised under this
   2-20  subchapter in a tax year but is determined to be ineligible for
   2-21  appraisal under this subchapter in a subsequent tax year because of
   2-22  a change in this subchapter made by the legislature.  This
   2-23  subsection does not apply to a restriction made for consideration,
   2-24  including a restriction contained in a covenant in a deed conveying
   2-25  an interest in land for consideration, or to a restriction that is
   2-26  made or revocable under Title 11, Property Code.
   2-27        SECTION 4.  Section 23.86, Tax Code, is amended by adding
    3-1  Subsection (e) to read as follows:
    3-2        (e)  The sanctions provided by Subsection (a) do not apply if
    3-3  a deed restriction is revoked under Section 23.82(d) or if land is
    3-4  diverted to another use after a change in this subchapter made by
    3-5  the legislature made the previously eligible land ineligible for
    3-6  appraisal under this subchapter.
    3-7        SECTION 5.  This Act takes effect January 1, 1994.
    3-8        SECTION 6.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.