By West                                                H.B. No. 137

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the qualifications of certain charitable organizations

 1-3     for an exemption from ad valorem taxation.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 11.18, Tax Code, is amended by amending

 1-6     Subsections (d) and (e) and adding Subsection (k) to read as

 1-7     follows:

 1-8           (d)  A charitable organization must be organized exclusively

 1-9     to perform religious, charitable, scientific, literary, or

1-10     educational purposes and, except as permitted by Subsection (h) of

1-11     this section, engage exclusively in performing one or more of the

1-12     following charitable functions:

1-13                 (1)  providing medical care without regard to the

1-14     beneficiaries' ability to pay, which in the case of a nonprofit

1-15     hospital or hospital system means providing charity care and

1-16     community benefits as set forth in Paragraph (A), (B), (C), (D),

1-17     (E), (F), (G), or (H):

1-18                       (A)  charity care and government-sponsored

1-19     indigent health care are provided at a level which is reasonable in

1-20     relation to the community needs, as determined through the

1-21     community needs assessment, the available resources of the hospital

1-22     or hospital system, and the tax-exempt benefits received by the

1-23     hospital or hospital system;

1-24                       (B)  charity care and government-sponsored

 2-1     indigent health care are provided in an amount equal to at least

 2-2     four percent of the hospital's or hospital system's net patient

 2-3     revenue;

 2-4                       (C)  charity care and government-sponsored

 2-5     indigent health care are provided in an amount equal to at least

 2-6     100 percent of the hospital's or hospital system's tax-exempt

 2-7     benefits, excluding federal income tax;

 2-8                       (D)  a nonprofit hospital that has been

 2-9     designated as a disproportionate share hospital under the state

2-10     Medicaid program in the current year or in either of the previous

2-11     two fiscal years shall be considered to have provided a reasonable

2-12     amount of charity care and government-sponsored indigent health

2-13     care and shall be deemed in compliance with the standards in this

2-14     subsection;

2-15                       (E)  for tax years before 1996, charity care and

2-16     community benefits are provided in a combined amount equal to at

2-17     least five percent of the hospital's or hospital system's net

2-18     patient revenue, provided that charity care and

2-19     government-sponsored indigent health care are provided in an amount

2-20     equal to at least three percent of net patient revenue;

2-21                       (F)  beginning with the hospital's or hospital

2-22     system's tax year starting after 1995, charity care and community

2-23     benefits are provided in a combined amount equal to at least five

2-24     percent of the hospital's or hospital system's net patient revenue,

2-25     provided that charity care and government-sponsored indigent health

2-26     care are provided in an amount equal to at least four percent of

2-27     net patient revenue;

 3-1                       (G)  a hospital operated on a nonprofit basis

 3-2     that is located in a county with a population of less than 50,000

 3-3     and in which the entire county or the population of the entire

 3-4     county has been designated as a health professionals shortage area

 3-5     is considered to be in compliance with the standards provided by

 3-6     this subsection; or

 3-7                       (H)  a hospital providing health care services to

 3-8     inpatients or outpatients without receiving any payment for

 3-9     providing those services from any source, including the patient or

3-10     person legally obligated to support the patient, third-party

3-11     payors, Medicare, Medicaid, or any other state or local indigent

3-12     care program but excluding charitable donations, legacies,

3-13     bequests, or grants or payments for research, is considered to be

3-14     in compliance with the standards provided by this subsection;

3-15                 (2)  providing support or relief to orphans,

3-16     delinquent, dependent, or handicapped children in need of

3-17     residential care, abused or battered spouses or children in need of

3-18     temporary shelter, the impoverished, or victims of natural disaster

3-19     without regard to the beneficiaries' ability to pay;

3-20                 (3)  providing support to elderly persons or the

3-21     handicapped without regard to the beneficiaries' ability to pay;

3-22                 (4)  preserving a historical landmark or site;

3-23                 (5)  promoting or operating a museum, zoo, library,

3-24     theater of the dramatic or performing arts, or symphony orchestra

3-25     or choir;

3-26                 (6)  promoting or providing humane treatment of

3-27     animals;

 4-1                 (7)  acquiring, storing, transporting, selling, or

 4-2     distributing water for public use;

 4-3                 (8)  answering fire alarms and extinguishing fires with

 4-4     no compensation or only nominal compensation to the members of the

 4-5     organization;

 4-6                 (9)  promoting the athletic development of boys or

 4-7     girls under the age of 18 years;

 4-8                 (10)  preserving or conserving wildlife;

 4-9                 (11)  promoting educational development through loans

4-10     or scholarships to students;

4-11                 (12)  providing halfway house services pursuant to a

4-12     certification as a halfway house by the Board of Pardons and

4-13     Paroles;

4-14                 (13)  providing permanent housing and related social,

4-15     health care, and educational facilities for persons who are 62

4-16     years of age or older without regard to the residents' ability to

4-17     pay;

4-18                 (14)  promoting or operating an art gallery, museum, or

4-19     collection, in a permanent location or on tour, that is open to the

4-20     public;

4-21                 (15)  providing for the organized solicitation and

4-22     collection for distributions through gifts, grants, and agreements

4-23     to nonprofit charitable, education, religious, and youth

4-24     organizations that provide direct human, health, and welfare

4-25     services;

4-26                 (16)  performing biomedical or scientific research or

4-27     biomedical or scientific education for the benefit of the public;

 5-1     [or]

 5-2                 (17)  operating a television station that produces or

 5-3     broadcasts educational, cultural, or other public interest

 5-4     programming and that receives grants from the Corporation for

 5-5     Public Broadcasting under 47 U.S.C. Section 396;

 5-6                 (18)  providing housing for low-income and

 5-7     moderate-income families, for unmarried individuals 62 years of age

 5-8     or older, for handicapped individuals, and for families displaced

 5-9     by urban renewal, through the use of trust assets that are

5-10     irrevocably and, pursuant to a contract entered into before

5-11     December 31, 1972, contractually dedicated on the sale or

5-12     disposition of the housing to a charitable organization that

5-13     performs charitable functions described by Subdivision (9); or

5-14                 (19)  providing housing and related services to elderly

5-15     individuals by:

5-16                       (A)  a nursing home, if the nursing home provides

5-17     charity care and government-sponsored indigent health care to its

5-18     residents in an amount equal to at least four percent of the

5-19     nursing home's net resident revenue; or

5-20                       (B)  a retirement community, if the retirement

5-21     community provides assisted living services and nursing services to

5-22     its residents on a single campus:

5-23                             (i)  without regard to the residents'

5-24     ability to pay; or

5-25                             (ii)  in an amount equal to at least four

5-26     percent of the retirement community's combined net resident

5-27     revenue.

 6-1           For purposes of satisfying Paragraph (F) of Subdivision (1),

 6-2     a hospital or hospital system may not change its existing fiscal

 6-3     year unless the hospital or hospital system changes its ownership

 6-4     or corporate structure as a result of a sale or merger.

 6-5           For purposes of this subsection, a hospital that satisfies

 6-6     Paragraph (A), (D), (G), or (H) of Subdivision (1) shall be

 6-7     excluded in determining a hospital system's compliance with the

 6-8     standards provided by Paragraph (B), (C), (E), or (F) of

 6-9     Subdivision (1).

6-10           For purposes of this subsection, the terms "charity care,"

6-11     "government-sponsored indigent health care," "health care

6-12     organization," "hospital system," "net patient revenue," "nonprofit

6-13     hospital," and "tax-exempt benefits" have the meanings set forth in

6-14     Sections 311.031 and 311.042, Health and Safety Code.  A

6-15     determination of the amount of community benefits and charity care

6-16     and government-sponsored indigent health care provided by a

6-17     hospital or hospital system and the hospital's or hospital system's

6-18     compliance with the requirements of  Section 311.045, Health and

6-19     Safety Code, shall be based on the most recently completed and

6-20     audited prior fiscal year of the hospital or hospital system.

6-21           The providing of charity care and government-sponsored

6-22     indigent health care in accordance with Paragraph (A) of

6-23     Subdivision (1) shall be guided by the prudent business judgment of

6-24     the hospital which will ultimately determine the appropriate level

6-25     of charity care and government-sponsored indigent health care based

6-26     on the community needs, the available resources of the hospital,

6-27     the tax-exempt benefits received by the hospital, and other factors

 7-1     that may be unique to the hospital, such as the hospital's volume

 7-2     of Medicare and Medicaid patients.  These criteria shall not be

 7-3     determinative factors, but shall be guidelines contributing to the

 7-4     hospital's decision along with other factors which may be unique to

 7-5     the hospital.  The formulas contained in Paragraphs (B), (C), (E),

 7-6     and (F) of Subdivision (1) shall also not be considered

 7-7     determinative of a reasonable amount of charity care and

 7-8     government-sponsored indigent health care.

 7-9           The requirements of this subsection shall not apply to the

7-10     extent a hospital or hospital system demonstrates that reductions

7-11     in the amount of community benefits, charity care, and

7-12     government-sponsored indigent health care are necessary to maintain

7-13     financial reserves at a level required by a bond covenant, are

7-14     necessary to prevent the hospital or hospital system from

7-15     endangering its ability to continue operations, or if the hospital

7-16     or hospital system, as a result of a natural or other disaster, is

7-17     required substantially to curtail its operations.

7-18           In any fiscal year that a hospital or hospital system,

7-19     through unintended miscalculation, fails to meet any of the

7-20     standards in Subdivision (1), the hospital or hospital system shall

7-21     not lose its tax-exempt status without the opportunity to cure the

7-22     miscalculation in the fiscal year following the fiscal year the

7-23     failure is discovered by both meeting one of the standards and

7-24     providing an additional amount of charity care and

7-25     government-sponsored indigent health care that is equal to the

7-26     shortfall from the previous fiscal year.  A hospital or hospital

7-27     system may apply this provision only once every five years.

 8-1           (e)  A charitable organization must be operated in a way that

 8-2     does not result in accrual of distributable profits, realization of

 8-3     private gain resulting from payment of compensation in excess of a

 8-4     reasonable allowance for salary or other compensation for services

 8-5     rendered, or realization of any other form of private gain and, if

 8-6     the organization performs one or more of the charitable functions

 8-7     specified by Subsection (d) of this section other than a function

 8-8     specified in Subdivision (1), (2), (8), (9), (12), [or] (16), or

 8-9     (18), be organized as a nonprofit corporation as defined by the

8-10     Texas Non-Profit Corporation Act.

8-11           (k)  In connection with a nursing home or retirement

8-12     community, for purposes of Subsection (d):

8-13                 (1)  "Assisted living services" means responsible adult

8-14     supervision of or assistance with routine living functions of an

8-15     individual in instances in which the individual's condition

8-16     necessitates that supervision or assistance.

8-17                 (2)  "Charity care," "government-sponsored indigent

8-18     health care," and "net resident revenue" are determined in the same

8-19     manner for a retirement community or nursing home as for a hospital

8-20     under Subsection (d).

8-21                 (3)  "Nursing care services" includes services provided

8-22     by nursing personnel, including patient observation, the promotion

8-23     and maintenance of health, prevention of illness or disability,

8-24     guidance and counseling to individuals and families, and referral

8-25     of patients to physicians, other health care providers, or

8-26     community resources if appropriate.

8-27                 (4)  "Retirement community" means a collection of

 9-1     various types of housing that are under common ownership and

 9-2     designed for habitation by individuals over the age of 62.

 9-3                 (5)  "Single campus" means a facility designed to

 9-4     provide multiple levels of retirement housing that is

 9-5     geographically situated on a site at which all levels of housing

 9-6     are contiguous to each other on a single property.

 9-7           SECTION 2.  This Act takes effect January 1, 1998.

 9-8           SECTION 3.  The importance of this legislation and the

 9-9     crowded condition of the calendars in both houses create an

9-10     emergency and an imperative public necessity that the

9-11     constitutional rule requiring bills to be read on three several

9-12     days in each house be suspended, and this rule is hereby suspended.