SRC-JRN C.S.H.B. 137 75(R)   BILL ANALYSIS


Senate Research Center   C.S.H.B. 137
By: West (Truan)
Finance
5-18-97
Committee Report (Substituted)


DIGEST 

Currently, charitable organizations must operate within certain confines
of the law.  This bill establishes provisions relating to the
qualifications of certain charitable organizations for an exemption from
ad valorem taxation. 

PURPOSE

As proposed, C.S.H.B. 137 establishes provisions relating to the
qualifications of certain charitable organizations for an exemption from
ad valorem taxation. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.18, Tax Code, by amending Subsections (d) and
(e) and adding Subsection (k), to provide that a charitable organization
be organized to perform certain functions, including providing housing
related services for families that qualify under  related to socioeconomic
indicators, among which include certain elderly individuals.  Defines
"assisted living services," "charity care," "nursing care services,"
"retirement community," and "single campus," in connection with a nursing
home or retirement community, for purposes of Subsection (d). 

SECTION 2. Amends Chapter 11, Tax Code, by adding Section 11.182, as
follows: 

Sec. 11.182. COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS IMPROVING
PROPERTY FOR LOW-INCOME AND MODERATE-INCOME HOUSING. Provides that an
organization is entitled to an exemption from taxation of improved or
unimproved real property it owns if the organization meets certain
requirements.  Prohibits property owned by the organization from being
exempted under Subsection (a) after a certain period, unless the
organization is offering to rent or is renting the property without profit
to a low-income or moderate-income individual or family satisfying the
organization's eligibility requirements.  Requires a person claiming an
exemption for property described under this section to comply with the
requirements of Section 11.43(a) and (b).  Provides that an organization
entitled to an exemption under Subsection (a) is also entitled to an
exemption from taxation of any building or tangible personal property the
organization owns and uses in the administration of its acquisition,
building, repair, sale, or rental of property.  Requires property to be
used in a certain manner in order to qualify for an exemption under this
subsection.  Defines "community housing development organization." 

SECTION 3. Amends Section 11.436(a), Tax Code, to make a conforming change.

SECTION 4. Amends Section 26.111, Tax Code, to make a conforming change.

SECTION 5. Effective date: January 1, 1998.

SECTION 6. Emergency clause.

 SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 11.18, Tax Code, to authorize a charitable organization to
be organized to provide housing and related services to persons who are 62
years of age or older in a retirement community, if the retirement
community provides independent living services, assisted living services,
and nursing services to its residents on a single campus, in a certain
manner.  Deletes a proposed provisions authorizing a charitable
organization to be established to perform certain functions, including
providing housing related services for families that qualify under
socioeconomic related indicators, including certain elderly individuals.
Makes a conforming change. 

SECTION 2.

Redesignates existing SECTION 2.  Amends Chapter 11B, Tax Code, to set
forth new provisions relating to community housing development
organizations improving property for low-income and moderate-income
individuals. 

SECTION 3. 

Redesignates existing SECTION 3.  Amends Section 11.436(a), Tax Code, to
make a conforming change. 

SECTION 4. 

Amends Section 26.111(a), Tax Code, to make a conforming change.

SECTIONS 5 and 6. 

Redesignated from SECTIONS 2 and 3.