SRC-HRD H.B. 2383 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2383
By: Hochberg (Cain)
Finance
5-17-97
Engrossed


DIGEST 

Article VII, Texas Constitution, provides for the taxation of all property
in the state, unless exempt as required or permitted by the Constitution.
Chapter 11, Tax Code (Taxable Property and Exemptions), provides for
certain exemptions to ad valorem taxation (ie. schools, religious
organizations, charitable organizations, etc.) and the qualifications for
those exemptions.
These provisions include requirements relating to contents of exempt
entities' organizational documents.  A hyper-technical reading of these
provisions may result in denial of exemption applications.       

H.B. 2383 would standardize the rules applying to not-for-profit
organizations regarding the opportunity to cure nonconforming
documentation for exemption status.
PURPOSE

As proposed, H.B. 2383 standardizes the rules applying to not-for-profit
organizations regarding the opportunity to cure nonconforming
documentation for exemption status.
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(f), Tax Code, to require a charitable
organization to use its assets in performing the organization's charitable
functions or the charitable functions of another charitable organization
and by charter, bylaw, or other regulation adopted by the organization to
govern its affairs direct that on discontinuance of the organization by
dissolution or otherwise the assets are to be transferred according to
certain provisions. 

SECTION 2. Amends Section 11.19(d), Tax Code, to require an association to
qualify as a youth development association for the purposes of this
section to be organized and operated, rather than engaged in, primarily
for the purpose of promoting the threefold spiritual, mental, and physical
development of boys, girls, young men, or young women, to use its assets
in performing the association's youth development functions or the youth
development functions of another youth development association.  Deletes
text regarding assets for use in performing the association's youth
development functions.  Makes conforming changes. 

SECTION 3. Amends Section 11.20(c), Tax Code, to require an organization,
in order to qualify as a religious organization for the purpose of this
section, to use its assets in performing the organization's religious
functions or the religious functions of another religious organization.
Deletes text regarding assets for use in performing the organization's
religious functions.  Makes conforming changes. 

SECTION 4. Amends Section 11.21(d), Tax Code, to require an organization,
in order to qualify as a school for the purposes of this section, to be
organized and operated primarily for the purpose of engaging in
educational functions and use its assets in performing the organization's
educational functions or the educational functions of another educational
organization.  Deletes text regarding  assets for use in performing the
organization's educational functions.  Makes conforming changes, 

SECTION 5. Amends Sections 11.421 and 11.422, Tax Code, to provide that
the organization, if the chief appraiser denies a timely filed application
for an exemption under Section 11.20 for an organization that otherwise
qualified for the exemption on January 1 of the year but that did not
satisfy the requirements of Subsection (c)(4), rather than (c)(3) of that
section on that date, is eligible for the exemption for the tax year if
the organization satisfies the requirements of Section 11.20(c)(4), rather
than 11.20(c)(3) of this code, before the later of June 1 of the year to
which the exemption applies, or the 60th, rather than 30th, day after the
date the chief appraiser notifies the organization of its failure to
comply with those requirements, and meets other qualifications. Provides
that if the chief appraiser denies a timely filed application for an
exemption under Section 11.21 for a school that otherwise qualified for
the exemption of Subsection (d)(5), rather than (d)(3), of that section on
that date, the school is eligible for the exemption for the tax year if
the school satisfies the requirements of Section 11.21(d)(5), rather than
11.21(d)(3) of this code, before the later of certain dates.  Makes
nonsubstantive and conforming changes.   

SECTION 6. Amends Chapter 11C, Tax Code by adding Sections 11.423 and
11.424, as follows: 

Sec. 11.423.  QUALIFICATION OF CHARITABLE ORGANIZATION OR YOUTH
ASSOCIATION.  Provides that if the chief appraiser denies a timely filed
application for an exemption under Section 11.18 or 11.19 for an
organization or association that otherwise qualified for the exemption on
January 1 of the year but that did not satisfy the requirements on Section
11.18(f)(2) or 11.19(d)(5), as appropriate, on that date, the organization
or association is eligible for the exemption for the tax year if the
organization or association meets certain qualifications.  Sets forth
provisions applicable if the chief appraiser cancels an exemption for an
organization or association under Section 11.18 or 11.19 that was
erroneously allowed in a tax year for a certain reason.   

Sec. 11.424.  CONFLICT BETWEEN GOVERNING REGULATION OF NONPROFIT
ORGANIZATION, ASSOCIATION, OR ENTITY AND CONTRACT WITH UNITED STATES.
Sets forth provisions regarding the extent of a conflict between a
provision in a contract entered into by an organization, association, or
entity with the United States and a provision in the charter, a bylaw, or
other regulation adopted by the organization or entity to govern its
affairs in compliance with certain law. 

SECTION 7. Amends Section 11.434(d), Tax Code, to prohibit an application
from being filed under this section after December 31, 1997, rather than
December 31, 1992. 

SECTION 8. Provides that Section 23.55(j), Tax Code, as added by Chapter
471, Acts of the 74th Legislature, Regular Session, applies to a change on
use of land on, before or after certain dates. 

SECTION 9. Emergency clause.
  Effective date: upon passage.