By Moreno H.B. No. 941
75R4629 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exemption from ad valorem taxation of certain
1-3 property of a religious organization.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.20(c), Tax Code, is amended to read as
1-6 follows:
1-7 (c) To qualify as a religious organization for the purposes
1-8 of this section, an organization (whether operated by an
1-9 individual, as a corporation, or as an association) must:
1-10 (1) be organized and operated primarily for the
1-11 purpose of engaging in religious worship or promoting the spiritual
1-12 development or well-being of individuals;
1-13 (2) be operated in a way that does not result in
1-14 accrual of distributable profits, realization of private gain
1-15 resulting from payment of compensation in excess of a reasonable
1-16 allowance for salary or other compensation for services rendered,
1-17 or realization of any other form of private gain; [and]
1-18 (3) by charter, bylaw, or other regulation adopted by
1-19 the organization to govern its affairs:
1-20 (A) pledge its assets for use in performing the
1-21 organization's religious functions; and
1-22 (B) direct that on discontinuance of the
1-23 organization by dissolution or otherwise the assets are to be
1-24 transferred to this state or to a charitable, educational,
2-1 religious, or other similar organization that is qualified as a
2-2 charitable organization under Section 501(c)(3), Internal Revenue
2-3 Code of 1986 [1954], as amended; and
2-4 (4) with regard to property described by Subsection
2-5 (a)(1), be in compliance with each requirement of Title III,
2-6 Americans with Disabilities Act of 1990 (42 U.S.C. Section 12181 et
2-7 seq.), and its subsequent amendments, relating to the accessibility
2-8 to and usability by individuals with disabilities of the facilities
2-9 of a place of public accommodation.
2-10 SECTION 2. Section 11.43, Tax Code, is amended by adding
2-11 Subsection (j) to read as follows:
2-12 (j) An application for an exemption under Section 11.20 must
2-13 be accompanied by a certification from the organization that the
2-14 organization is in compliance with Section 11.20(c)(4).
2-15 Notwithstanding Subsection (c) of this section, a religious
2-16 organization must apply for an exemption if the organization makes
2-17 improvements to property described by Section 11.20(a)(1) that
2-18 affect or could affect the organization's compliance with Section
2-19 11.20(c)(4).
2-20 SECTION 3. To receive an exemption from ad valorem taxation
2-21 under Section 11.20, Tax Code, as amended by this Act, for the 1999
2-22 tax year a religious organization must apply for the exemption in
2-23 the manner provided by Section 11.43, Tax Code, regardless of
2-24 whether the organization received the exemption for the 1998 tax
2-25 year.
2-26 SECTION 4. This Act takes effect January 1, 1999.
2-27 SECTION 5. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.