1-1     By:  West (Senate Sponsor - Truan)                     H.B. No. 137

 1-2           (In the Senate - Received from the House May 16, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Finance;

 1-4     May 18, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; May 18, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 137                    By:  Truan

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the qualifications of certain charitable organizations

1-11     for an exemption from ad valorem taxation.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Sections 11.18(d) and (e), Tax Code, are amended

1-14     to read as follows:

1-15           (d)  A charitable organization must be organized exclusively

1-16     to perform religious, charitable, scientific, literary, or

1-17     educational purposes and, except as permitted by Subsection (h) of

1-18     this section, engage exclusively in performing one or more of the

1-19     following charitable functions:

1-20                 (1)  providing medical care without regard to the

1-21     beneficiaries' ability to pay, which in the case of a nonprofit

1-22     hospital or hospital system means providing charity care and

1-23     community benefits as set forth in Paragraph (A), (B), (C), (D),

1-24     (E), (F), (G), or (H):

1-25                       (A)  charity care and government-sponsored

1-26     indigent health care are provided at a level which is reasonable in

1-27     relation to the community needs, as determined through the

1-28     community needs assessment, the available resources of the hospital

1-29     or hospital system, and the tax-exempt benefits received by the

1-30     hospital or hospital system;

1-31                       (B)  charity care and government-sponsored

1-32     indigent health care are provided in an amount equal to at least

1-33     four percent of the hospital's or hospital system's net patient

1-34     revenue;

1-35                       (C)  charity care and government-sponsored

1-36     indigent health care are provided in an amount equal to at least

1-37     100 percent of the hospital's or hospital system's tax-exempt

1-38     benefits, excluding federal income tax;

1-39                       (D)  a nonprofit hospital that has been

1-40     designated as a disproportionate share hospital under the state

1-41     Medicaid program in the current year or in either of the previous

1-42     two fiscal years shall be considered to have provided a reasonable

1-43     amount of charity care and government-sponsored indigent health

1-44     care and shall be deemed in compliance with the standards in this

1-45     subsection;

1-46                       (E)  for tax years before 1996, charity care and

1-47     community benefits are provided in a combined amount equal to at

1-48     least five percent of the hospital's or hospital system's net

1-49     patient revenue, provided that charity care and

1-50     government-sponsored indigent health care are provided in an amount

1-51     equal to at least three percent of net patient revenue;

1-52                       (F)  beginning with the hospital's or hospital

1-53     system's tax year starting after 1995, charity care and community

1-54     benefits are provided in a combined amount equal to at least five

1-55     percent of the hospital's or hospital system's net patient revenue,

1-56     provided that charity care and government-sponsored indigent health

1-57     care are provided in an amount equal to at least four percent of

1-58     net patient revenue;

1-59                       (G)  a hospital operated on a nonprofit basis

1-60     that is located in a county with a population of less than 50,000

1-61     and in which the entire county or the population of the entire

1-62     county has been designated as a health professionals shortage area

1-63     is considered to be in compliance with the standards provided by

1-64     this subsection; or

 2-1                       (H)  a hospital providing health care services to

 2-2     inpatients or outpatients without receiving any payment for

 2-3     providing those services from any source, including the patient or

 2-4     person legally obligated to support the patient, third-party

 2-5     payors, Medicare, Medicaid, or any other state or local indigent

 2-6     care program but excluding charitable donations, legacies,

 2-7     bequests, or grants or payments for research, is considered to be

 2-8     in compliance with the standards provided by this subsection;

 2-9                 (2)  providing support or relief to orphans,

2-10     delinquent, dependent, or handicapped children in need of

2-11     residential care, abused or battered spouses or children in need of

2-12     temporary shelter, the impoverished, or victims of natural disaster

2-13     without regard to the beneficiaries' ability to pay;

2-14                 (3)  providing support to elderly persons or the

2-15     handicapped without regard to the beneficiaries' ability to pay;

2-16                 (4)  preserving a historical landmark or site;

2-17                 (5)  promoting or operating a museum, zoo, library,

2-18     theater of the dramatic or performing arts, or symphony orchestra

2-19     or choir;

2-20                 (6)  promoting or providing humane treatment of

2-21     animals;

2-22                 (7)  acquiring, storing, transporting, selling, or

2-23     distributing water for public use;

2-24                 (8)  answering fire alarms and extinguishing fires with

2-25     no compensation or only nominal compensation to the members of the

2-26     organization;

2-27                 (9)  promoting the athletic development of boys or

2-28     girls under the age of 18 years;

2-29                 (10)  preserving or conserving wildlife;

2-30                 (11)  promoting educational development through loans

2-31     or scholarships to students;

2-32                 (12)  providing halfway house services pursuant to 20 a

2-33     certification as a halfway house by the Board of Pardons and

2-34     Paroles;

2-35                 (13)  providing permanent housing and related social,

2-36     health care, and educational facilities for persons who are 62

2-37     years of age or older without regard to the residents' ability to

2-38     pay;

2-39                 (14)  promoting or operating an art gallery, museum, or

2-40     collection, in a permanent location or on tour, that is open to the

2-41     public;

2-42                 (15)  providing for the organized solicitation and

2-43     collection for distributions through gifts, grants, and agreements

2-44     to nonprofit charitable, education, religious, and youth

2-45     organizations that provide direct human, health, and welfare

2-46     services;

2-47                 (16)  performing biomedical or scientific research or

2-48     biomedical or scientific education for the benefit of the public;

2-49     [or]

2-50                 (17)  operating a television station that produces or

2-51     broadcasts educational, cultural, or other public interest

2-52     programming and that receives grants from the Corporation for

2-53     Public Broadcasting under 47 U.S.C. Section 36;

2-54                 (18)  providing housing for low-income and

2-55     moderate-income families, for unmarried individuals 62 years of age

2-56     or older, for handicapped individuals, and for families displaced

2-57     by urban renewal, through the use of trust assets that are

2-58     irrevocably and, pursuant to a contract entered into before

2-59     December 31, 1972, contractually dedicated on the sale or

2-60     disposition of the housing to a charitable organization that

2-61     performs charitable functions described by Subdivision (9); or

2-62                 (19)  providing housing and related services to persons

2-63     who are 62 years of age or older in a retirement community, if the

2-64     retirement community provides independent living services, assisted

2-65     living services, and nursing services to its residents on a single

2-66     campus:

2-67                       (A)  without regard to the residents' ability to

2-68     pay; or

2-69                       (B)  in which at least four percent of the

 3-1     retirement community's combined net resident revenue is provided in

 3-2     charitable care to its residents.

 3-3           For purposes of satisfying Paragraph (F) of Subdivision (1),

 3-4     a hospital or hospital system may not change its existing fiscal

 3-5     year unless the hospital or hospital system changes its ownership

 3-6     or corporate structure as a result of a sale or merger.

 3-7           For purposes of this subsection, a hospital that satisfies

 3-8     Paragraph (A), (D), (G), or (H) of Subdivision (1) shall be

 3-9     excluded in determining a hospital system's compliance with the

3-10     standards provided by Paragraph (B), (C), (E), or (F) of

3-11     Subdivision (1).

3-12           For purposes of this subsection, the terms "charity care,"

3-13     "government-sponsored indigent health care," "health care

3-14     organization," "hospital system," "net patient revenue," "nonprofit

3-15     hospital," and "tax-exempt benefits" have the meanings set forth in

3-16     Sections 311.031 and 311.042, Health and Safety Code.  A

3-17     determination of the amount of community benefits and charity care

3-18     and government-sponsored indigent health care provided by a

3-19     hospital or hospital system and the hospital's or hospital system's

3-20     compliance with the requirements of  Section 311.045, Health and

3-21     Safety Code, shall be based on the most recently completed and

3-22     audited prior fiscal year of the hospital or hospital system.

3-23           The providing of charity care and government-sponsored

3-24     indigent health care in accordance with Paragraph (A) of

3-25     Subdivision (1) shall be guided by the prudent business judgment of

3-26     the hospital which will ultimately determine the appropriate level

3-27     of charity care and government-sponsored indigent health care based

3-28     on the community needs, the available resources of the hospital,

3-29     the tax-exempt benefits received by the hospital, and other factors

3-30     that may be unique to the hospital, such as the hospital's volume

3-31     of Medicare and Medicaid patients.  These criteria shall not be

3-32     determinative factors, but shall be guidelines contributing to the

3-33     hospital's decision along with other factors which may be unique to

3-34     the hospital.  The formulas contained in Paragraphs (B), (C), (E),

3-35     and (F) of Subdivision (1) shall also not be considered

3-36     determinative of a reasonable amount of charity care and

3-37     government-sponsored indigent health care.

3-38           The requirements of this subsection shall not apply to the

3-39     extent a hospital or hospital system demonstrates that reductions

3-40     in the amount of community benefits, charity care, and

3-41     government-sponsored indigent health care are necessary to maintain

3-42     financial reserves at a level required by a bond covenant, are

3-43     necessary to prevent the hospital or hospital system from

3-44     endangering its ability to continue operations, or if the hospital

3-45     or hospital system, as a result of a natural or other disaster, is

3-46     required substantially to curtail its operations.

3-47           In any fiscal year that a hospital or hospital system,

3-48     through unintended miscalculation, fails to meet any of the

3-49     standards in Subdivision (1), the hospital or hospital system shall

3-50     not lose its tax-exempt status without the opportunity to cure the

3-51     miscalculation in the fiscal year following the fiscal year the

3-52     failure is discovered by both meeting one of the standards and

3-53     providing an additional amount of charity care and

3-54     government-sponsored indigent health care that is equal to the

3-55     shortfall from the previous fiscal year.  A hospital or hospital

3-56     system may apply this provision only once every five years.

3-57           (e)  A charitable organization must be operated in a way that

3-58     does not result in accrual of distributable profits, realization of

3-59     private gain resulting from payment of compensation in excess of a

3-60     reasonable allowance for salary or other compensation for services

3-61     rendered, or realization of any other form of private gain and, if

3-62     the organization performs one or more of the charitable functions

3-63     specified by Subsection (d) of this section other than a function

3-64     specified in Subdivision (1), (2), (8), (9), (12), [or] (16), or

3-65     (18), be organized as a nonprofit corporation as defined by the

3-66     Texas Non-Profit Corporation Act.

3-67           (k)  In connection with a nursing home or retirement

3-68     community, for purposes of Subsection (d):

3-69                 (1)  "Assisted living services" means responsible adult

 4-1     supervision of or assistance with routine living functions of an

 4-2     individual in instances where the individual's condition

 4-3     necessitates that supervision or assistance.

 4-4                 (2)  "Charity care," "government-sponsored indigent

 4-5     health care," and "net resident revenue" are determined in the same

 4-6     manner for a retirement community or nursing home as for a hospital

 4-7     under Subsection (d) (1) (B).

 4-8                 (3)  "Nursing care services" includes services provided

 4-9     by nursing personnel, including patient observation, the promotion

4-10     and maintenance of health, prevention of illness or disability,

4-11     guidance and counseling to individuals and families, and referral

4-12     of patients to physicians, other health care providers, or

4-13     community resources if appropriate.

4-14                 (4)  "Retirement community" means a collection of

4-15     various types of housing that are under common ownership and

4-16     designed for habitation by individuals over the age of 62.

4-17                 (5)  "Single campus" means a facility designed to

4-18     provide multiple levels of retirement housing that is

4-19     geographically situated on a site at which all levels of housing

4-20     are contiguous to each other on a single property.

4-21           SECTION 2.  Subchapter B, Chapter 11, Tax Code, is amended by

4-22     adding Section 11.182 to read as follows:

4-23           Sec. 11.182.  COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS

4-24     IMPROVING PROPERTY FOR LOW-INCOME AND MODERATE-INCOME HOUSING.

4-25           (a)  An organization is entitled to an exemption from

4-26     taxation of improved or unimproved real property it owns if the

4-27     organization:

4-28                 (1)  is organized as a community housing development

4-29     organization;

4-30                 (2)  meets the requirements of a charitable

4-31     organization provided by Sections 11.18(e) and (f);

4-32                 (3)  owns the property for the purpose of building or

4-33     repairing housing on the property to sell without profit to a

4-34     low-income or moderate-income individual or family satisfying the

4-35     organization's eligibility requirements or to rent without profit

4-36     to such an individual or family; and (4) engages exclusively in the

4-37     building, repair, and sale or rental of housing as described by

4-38     Subdivision (3) and related activities.

4-39           (b)  Property owned by the organization may not be exempted

4-40     under Subsection (a) after the third anniversary of the date the

4-41     organization acquires the property unless the organization is

4-42     offering to rent or is renting the property without profit to a

4-43     low-income or moderate-income individual or family satisfying the

4-44     organization's eligibility requirements

4-45           (c)  A person claiming an exemption for property described

4-46     under this section must comply with the requirements of Sections

4-47     11.43(a) and (b).

4-48           (d)  An organization entitled to an exemption under

4-49     Subsection (a) is also entitled to an exemption from taxation of

4-50     any building or tangible personal property the organization owns

4-51     and uses in the administration of its acquisition, building,

4-52     repair, sale, or rental of property.  To qualify for an exemption

4-53     under this subsection, property must be used exclusively by the

4-54     organization, except that another person may use the property for

4-55     activities incidental to the organization's use that benefit the

4-56     beneficiaries of the organization.

4-57           (e)  In this section "community housing development

4-58     organization" has the meaning assigned that term by 42 U.S.C.

4-59     Section 12704.

4-60           SECTION 3.  Subsection (a), Section 11.436, Tax Code, is

4-61     amended to read as follows:

4-62           (a)  An organization that acquires property that qualifies

4-63     for an exemption under Section 11.181(a) or 11.182(a) may apply for

4-64     the exemption for the year of acquisition not later than the 30th

4-65     day after the date the organization acquires the property, and the

4-66     deadline provided by Section 11.43(d) does not apply to the

4-67     application for that year.

4-68           SECTION 4.  Subsection (a), Section 26.111, Tax Code, is

4-69     amended to read as follows:

 5-1           (a)  If an organization acquires taxable property that

 5-2     qualifies for and is granted an exemption under Section 11.181(a)

 5-3     or 11.182(a) for the year in which the property was acquired, the

 5-4     amount of tax due on the property for that year is calculated by

 5-5     multiplying the amount of taxes imposed on the property for the

 5-6     entire year as provided by Section 26.9 by a fraction, the

 5-7     denominator of which is 365 and the numerator of which is the

 5-8     number of days in that year before the date the charitable

 5-9     organization acquired the property.

5-10           SECTION 5.  This Act takes effect January 1, 1998.

5-11           SECTION 6.  The importance of this legislation and the

5-12     crowded condition of the calendars in both houses create an

5-13     emergency and an imperative public necessity that the

5-14     constitutional rule requiring bills to be read on three several

5-15     days in each house be suspended, and this rule is hereby suspended.

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