75R11868 JD-D
By Oliveira H.B. No. 1201
Substitute the following for H.B. No. 1201:
By Oliveira C.S.H.B. No. 1201
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exempting from ad valorem taxation by a county or
1-3 municipality property owned by certain organizations constructing,
1-4 repairing, and providing housing for low-income and moderate-income
1-5 persons.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by
1-8 adding Section 11.182 to read as follows:
1-9 Sec. 11.182. COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS
1-10 IMPROVING PROPERTY FOR LOW-INCOME AND MODERATE-INCOME HOUSING.
1-11 (a) An organization is entitled to an exemption from taxation by a
1-12 county or municipality of improved or unimproved real property it
1-13 owns if the organization:
1-14 (1) is organized as a community housing development
1-15 organization;
1-16 (2) meets the requirements of a charitable
1-17 organization provided by Sections 11.18(e) and (f);
1-18 (3) owns the property for the purpose of building or
1-19 repairing housing on the property to sell without profit to a
1-20 low-income or moderate-income individual or family satisfying the
1-21 organization's eligibility requirements or to rent without profit
1-22 to such an individual or family; and
1-23 (4) engages exclusively in the building, repair, and
1-24 sale or rental of housing as described by Subdivision (3) and
2-1 related activities.
2-2 (b) Property owned by the organization may not be exempted
2-3 under Subsection (a) after the third anniversary of the date the
2-4 organization acquires the property unless the organization is
2-5 offering to rent or is renting the property without profit to a
2-6 low-income or moderate-income individual or family satisfying the
2-7 organization's eligibility requirements.
2-8 (c) An organization entitled to an exemption under
2-9 Subsection (a) is also entitled to an exemption from taxation by a
2-10 county or municipality of any building or tangible personal
2-11 property the organization owns and uses in the administration of
2-12 its acquisition, building, repair, sale, or rental of property. To
2-13 qualify for an exemption under this subsection, property must be
2-14 used exclusively by the organization, except that another person
2-15 may use the property for activities incidental to the
2-16 organization's use that benefit the beneficiaries of the
2-17 organization.
2-18 (d) In this section "community housing development
2-19 organization" has the meaning assigned that term by 42 U.S.C.
2-20 Section 12704.
2-21 SECTION 2. Section 11.436, Tax Code, is amended to read as
2-22 follows:
2-23 Sec. 11.436. APPLICATION FOR EXEMPTION OF CERTAIN PROPERTY
2-24 USED FOR LOW-INCOME HOUSING. (a) An organization that acquires
2-25 property that qualifies for an exemption under Section 11.181(a) or
2-26 11.182(a) may apply for the exemption for the year of acquisition
2-27 not later than the 30th day after the date the organization
3-1 acquires the property, and the deadline provided by Section
3-2 11.43(d) does not apply to the application for that year.
3-3 (b) If the application is granted, the exemption for that
3-4 year applies only to the portion of the year in which the property
3-5 qualifies for the exemption, as provided by Section 26.111. If the
3-6 application is granted after approval of the appraisal records by
3-7 the appraisal review board, the chief appraiser shall notify the
3-8 collector for each taxing unit in which the property is located and
3-9 to which the exemption applies. The collector for a taxing unit to
3-10 which the exemption applies shall calculate the amount of tax due
3-11 on the property in that year as provided by Section 26.111 and
3-12 shall refund any amount paid in excess of that amount.
3-13 SECTION 3. Section 26.111(a), Tax Code, is amended to read
3-14 as follows:
3-15 (a) If an organization acquires taxable property that
3-16 qualifies for and is granted an exemption under Section 11.181(a)
3-17 or 11.182(a) for the year in which the property was acquired, the
3-18 amount of tax due on the property for that year is calculated by
3-19 multiplying the amount of taxes imposed on the property for the
3-20 entire year as provided by Section 26.09 by a fraction, the
3-21 denominator of which is 365 and the numerator of which is the
3-22 number of days in that year before the date the charitable
3-23 organization acquired the property.
3-24 SECTION 4. This Act takes effect January 1, 1998.
3-25 SECTION 5. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.