SWB C.S.H.B. 1201 75(R)BILL ANALYSIS


WAYS & MEANS
C.S.H.B. 1201
By: Oliveira
5-5-97
Committee Report (Substituted)



BACKGROUND 

Section 11.18, Tax Code (Charitable Organizations), provides tax
exemptions to various organizations that provide housing for the elderly
and  the impoverished.  In 1993, the state extended these exemptions to
property held by some volunteer organizations that build affordable
housing (Section 11.181, Tax Code).  This change did not include community
housing development organizations and other charitable organizations that
provide affordable housing. 

PURPOSE

The bill provides a property tax exemption by a county or municipality for
community housing development organizations and other entities designated
as charitable, who provide affordable housing to low and moderate income
Texans. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Subchapter B, Chapter 11, Tax Code (Taxable Property and
Exemption), by adding Section 11.182. COMMUNITY HOUSING DEVELOPMENT
ORGANIZATIONS IMPROVING PROPERTY FOR LOW-INCOME AND MODERATE- INCOME
HOUSING. 

(a) Provides an exemption by a county or municipality for community
housing development organizations who improve property of low and moderate
income households. The organization is exempt from taxes on improved and
unimproved property it owns. The organizations must meet the requirements
of a charitable organization under section 11.18(e) and (f) of the tax
code. It must own the taxexempt property for the purpose of building or
repairing housing on the property. The organization must either sell
without profit or rent without profit to lowincome or moderate-income
individuals or families. The organization must engage exclusively in
activities that provide affordable housing.   

(b) The property is exempt for three years or until the property is sold,
without profit, to low or moderate income people. 

(c)  Allows the organization an exemption by a county or municipality for
the property it owns and uses to administer its affordable housing
programs.  

(d) Federal law under 42 U.S.C. Section 12704 defines a community housing
development organization. These organizations must be registered with the
Texas Department of Housing and Community Affairs or a local governmental. 

SECTION 2.Section 11.436(a), Tax Code (Application for Exemption of
Certain Property Used for Low-Income Housing), is amended to add the new
section 11.182(a) to the list of qualifying exemptions. 

  Section 11.436(b), Tax Code (Application for Exemption of Certain
Property Used for Low-Income Housing), is amended to provide add that the
collector for each taxing unit to which the exemption applies shall be
notified by the chief appraiser if the application is granted after
approval of appraisal records.  Adds language to clarify that the
collector for a taxing unit to which the exemption applies shall calculate
the amount of tax due on a property in that year if  the application is
granted after approval of appraisal records. 

SECTION 3. Section 26.11(a), Tax Code (Prorating Taxes-Acquisition by
Charitable Organization), is amended to add the new section 11.182(a) to
the list of qualifying exemptions and describes how the prorated taxes
will be calculated. 

SECTION 4.   Effective Date: January 1, 1998.

SECTION 5.   Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1201 makes changes in the relating clause and elsewhere in the
bill to specify that exemptions granted in the bill only apply only to
county and municipality taxes. 

Section 11.436(b), Tax Code (Application for Exemption of Certain Property
Used for LowIncome Housing), adds language to include taxing units to
which the exemptions apply.