75R9518 JD-D                           

         By Hunter                                             H.B. No. 2680

         Substitute the following for H.B. No. 2680:

         By Hunter                                         C.S.H.B. No. 2680

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the exemption from ad valorem taxation of the property

 1-3     of certain charitable organizations.

 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     Subsection (d) and adding Subsection (k) to read as follows:

 1-7           (d)  A charitable organization must be organized exclusively

 1-8     to perform religious, charitable, scientific, literary, or

 1-9     educational purposes and, except as permitted by Subsection (h) of

1-10     this section, engage exclusively in performing one or more of the

1-11     following charitable functions:

1-12                 (1)  providing medical care without regard to the

1-13     beneficiaries' ability to pay, which in the case of a nonprofit

1-14     hospital or hospital system means providing charity care and

1-15     community benefits as set forth in Paragraph (A), (B), (C), (D),

1-16     (E), (F), (G), or (H):

1-17                       (A)  charity care and government-sponsored

1-18     indigent health care are provided at a level which is reasonable in

1-19     relation to the community needs, as determined through the

1-20     community needs assessment, the available resources of the hospital

1-21     or hospital system, and the tax-exempt benefits received by the

1-22     hospital or hospital system;

1-23                       (B)  charity care and government-sponsored

1-24     indigent health care are provided in an amount equal to at least

 2-1     four percent of the hospital's or hospital system's net patient

 2-2     revenue;

 2-3                       (C)  charity care and government-sponsored

 2-4     indigent health care are provided in an amount equal to at least

 2-5     100 percent of the hospital's or hospital system's tax-exempt

 2-6     benefits, excluding federal income tax;

 2-7                       (D)  a nonprofit hospital that has been

 2-8     designated as a disproportionate share hospital under the state

 2-9     Medicaid program in the current year or in either of the previous

2-10     two fiscal years shall be considered to have provided a reasonable

2-11     amount of charity care and government-sponsored indigent health

2-12     care and shall be deemed in compliance with the standards in this

2-13     subsection;

2-14                       (E)  for tax years before 1996, charity care and

2-15     community benefits are provided in a combined amount equal to at

2-16     least five percent of the hospital's or hospital system's net

2-17     patient revenue, provided that charity care and

2-18     government-sponsored indigent health care are provided in an amount

2-19     equal to at least three percent of net patient revenue;

2-20                       (F)  beginning with the hospital's or hospital

2-21     system's tax year starting after 1995, charity care and community

2-22     benefits are provided in a combined amount equal to at least five

2-23     percent of the hospital's or hospital system's net patient revenue,

2-24     provided that charity care and government-sponsored indigent health

2-25     care are provided in an amount equal to at least four percent of

2-26     net patient revenue;

2-27                       (G)  a hospital operated on a nonprofit basis

 3-1     that is located in a county with a population of less than 50,000

 3-2     and in which the entire county or the population of the entire

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

 3-4     is considered to be in compliance with the standards provided by

 3-5     this subsection; or

 3-6                       (H)  a hospital providing health care services to

 3-7     inpatients or outpatients without receiving any payment for

 3-8     providing those services from any source, including the patient or

 3-9     person legally obligated to support the patient, third-party

3-10     payers, Medicare, Medicaid, or any other state or local indigent

3-11     care program but excluding charitable donations, legacies,

3-12     bequests, or grants or payments for research, is considered to be

3-13     in compliance with the standards provided by this subsection;

3-14                 (2)  providing support or relief to orphans,

3-15     delinquent, dependent, or handicapped children in need of

3-16     residential care, abused or battered spouses or children in need of

3-17     temporary shelter, the impoverished, or victims of natural disaster

3-18     without regard to the beneficiaries' ability to pay;

3-19                 (3)  providing support to elderly persons or the

3-20     handicapped without regard to the beneficiaries' ability to pay;

3-21                 (4)  preserving a historical landmark or site;

3-22                 (5)  promoting or operating a museum, zoo, library,

3-23     theater of the dramatic or performing arts, or symphony orchestra

3-24     or choir;

3-25                 (6)  promoting or providing humane treatment of

3-26     animals;

3-27                 (7)  acquiring, storing, transporting, selling, or

 4-1     distributing water for public use;

 4-2                 (8)  answering fire alarms and extinguishing fires with

 4-3     no compensation or only nominal compensation to the members of the

 4-4     organization;

 4-5                 (9)  promoting the athletic development of boys or

 4-6     girls under the age of 18 years;

 4-7                 (10)  preserving or conserving wildlife;

 4-8                 (11)  promoting educational development through loans

 4-9     or scholarships to students;

4-10                 (12)  providing halfway house services pursuant to a

4-11     certification as a halfway house by the Board of Pardons and

4-12     Paroles;

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

4-14     health care, and educational facilities for persons who are 62

4-15     years of age or older without regard to the residents' ability to

4-16     pay;

4-17                 (14)  promoting or operating an art gallery, museum, or

4-18     collection, in a permanent location or on tour, that is open to the

4-19     public;

4-20                 (15)  providing for the organized solicitation and

4-21     collection for distributions through gifts, grants, and agreements

4-22     to nonprofit charitable, education, religious, and youth

4-23     organizations that provide direct human, health, and welfare

4-24     services;

4-25                 (16)  performing biomedical or scientific research or

4-26     biomedical or scientific education for the benefit of the public;

4-27     [or]

 5-1                 (17)  operating a television station that produces or

 5-2     broadcasts educational, cultural, or other public interest

 5-3     programming and that receives grants from the Corporation for

 5-4     Public Broadcasting under 47 U.S.C. Section 396; or

 5-5                 (18)  providing housing and related services to elderly

 5-6     individuals by:

 5-7                       (A)  a nursing home, if the nursing home provides

 5-8     charity care and government-sponsored indigent health care to its

 5-9     residents in an amount equal to at least four percent of the

5-10     nursing home's net resident revenue; or

5-11                       (B)  a retirement community, if the retirement

5-12     community provides assisted living services and nursing services to

5-13     its residents on a single campus:

5-14                             (i)  without regard to the residents'

5-15     ability to pay; or

5-16                             (ii)  in an amount equal to at least four

5-17     percent of the retirement community's combined net resident

5-18     revenue.

5-19           For purposes of satisfying Paragraph (F) of Subdivision (1),

5-20     a hospital or hospital system may not change its existing fiscal

5-21     year unless the hospital or hospital system changes its ownership

5-22     or corporate structure as a result of a sale or merger.

5-23           For purposes of this subsection, a hospital that satisfies

5-24     Paragraph (A), (D), (G), or (H) of Subdivision (1) shall be

5-25     excluded in determining a hospital system's compliance with the

5-26     standards provided by Paragraph (B), (C), (E), or (F) of

5-27     Subdivision (1).

 6-1           For purposes of this subsection, the terms "charity care,"

 6-2     "government-sponsored indigent health care," "health care

 6-3     organization," "hospital system," "net patient revenue," "nonprofit

 6-4     hospital," and "tax-exempt benefits" have the meanings set forth in

 6-5     Sections 311.031 and 311.042, Health and Safety Code.  A

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

 6-7     and government-sponsored indigent health care provided by a

 6-8     hospital or hospital system and the hospital's or hospital system's

 6-9     compliance with the requirements of  Section 311.045, Health and

6-10     Safety Code, shall be based on the most recently completed and

6-11     audited prior fiscal year of the hospital or hospital system.

6-12           The providing of charity care and government-sponsored

6-13     indigent health care in accordance with Paragraph (A) of

6-14     Subdivision (1) shall be guided by the prudent business judgment of

6-15     the hospital which will ultimately determine the appropriate level

6-16     of charity care and government-sponsored indigent health care based

6-17     on the community needs, the available resources of the hospital,

6-18     the tax-exempt benefits received by the hospital, and other factors

6-19     that may be unique to the hospital, such as the hospital's volume

6-20     of Medicare and Medicaid patients.  These criteria shall not be

6-21     determinative factors, but shall be guidelines contributing to the

6-22     hospital's decision along with other factors which may be unique to

6-23     the hospital.  The formulas contained in Paragraphs (B), (C), (E),

6-24     and (F) of Subdivision (1) shall also not be considered

6-25     determinative of a reasonable amount of charity care and

6-26     government-sponsored indigent health care.

6-27           The requirements of this subsection shall not apply to the

 7-1     extent a hospital or hospital system demonstrates that reductions

 7-2     in the amount of community benefits, charity care, and

 7-3     government-sponsored indigent health care are necessary to maintain

 7-4     financial reserves at a level required by a bond covenant, are

 7-5     necessary to prevent the hospital or hospital system from

 7-6     endangering its ability to continue operations, or if the hospital

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

 7-8     required substantially to curtail its operations.

 7-9           In any fiscal year that a hospital or hospital system,

7-10     through unintended miscalculation, fails to meet any of the

7-11     standards in Subdivision (1), the hospital or hospital system shall

7-12     not lose its tax-exempt status without the opportunity to cure the

7-13     miscalculation in the fiscal year following the fiscal year the

7-14     failure is discovered by both meeting one of the standards and

7-15     providing an additional  amount of charity care and

7-16     government-sponsored indigent health care that is equal to the

7-17     shortfall from the previous fiscal year.  A hospital or hospital

7-18     system may apply this provision only once every five years.

7-19           (k)  In connection with a nursing home or retirement

7-20     community, for purposes of Subsection (d):

7-21                 (1)  "Assisted living services" means responsible adult

7-22     supervision of or assistance with routine living functions of an

7-23     individual in instances where the individual's condition

7-24     necessitates that supervision or assistance.

7-25                 (2)  "Charity care," "government-sponsored indigent

7-26     health care," and  "net resident revenue" are determined in the

7-27     same manner for a retirement community or nursing home as for a

 8-1     hospital under Subsection (d).

 8-2                 (3)  "Nursing care services" includes services provided

 8-3     by nursing personnel, including patient observation, the promotion

 8-4     and maintenance of health, prevention of illness or disability,

 8-5     guidance and counseling to individuals and families, and referral

 8-6     of patients to physicians, other health care providers, or

 8-7     community resources if appropriate.

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

 8-9     various types of housing that are under common ownership and

8-10     designed for habitation by individuals over the age of 62.

8-11                 (5)  "Single campus" means a facility designed to

8-12     provide multiple levels of retirement housing that is

8-13     geographically situated on a site at which all levels of housing

8-14     are contiguous to each other on a single property.

8-15           SECTION 2.  This Act takes effect January 1, 1998.

8-16           SECTION 3.  The importance of this legislation and the

8-17     crowded condition of the calendars in both houses create an

8-18     emergency and an imperative public necessity that the

8-19     constitutional rule requiring bills to be read on three several

8-20     days in each house be suspended, and this rule is hereby suspended.