By Palmer                                              H.B. No. 405
         76R2313 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an exemption from ad valorem taxation for certain
 1-3     vacant land owned by a religious organization.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 11, Tax Code, is amended by
 1-6     adding Section  11.205 to read as follows:
 1-7           Sec. 11.205.  VACANT LAND OWNED BY RELIGIOUS ORGANIZATION.
 1-8     (a)  In this section, "religious organization" has the meaning
 1-9     assigned by Section 11.20(c).
1-10           (b)  A religious organization is entitled to an exemption
1-11     from taxation  of one or more parcels, not to exceed in the
1-12     aggregate 40 acres, of vacant land that is owned by the
1-13     organization and does not produce revenue for the  organization or
1-14     another person.
1-15           (c)  For the purposes of Subsection (f), the chief appraiser
1-16     shall determine the market value of the land and shall record the
1-17     market value in the appraisal records.
1-18           (d)  The religious organization shall notify the appraisal
1-19     office in writing before May 1 after the organization's entitlement
1-20     to the exemption ends.  If the organization fails to notify the
1-21     appraisal office as required by this subsection, a penalty is
1-22     imposed on the land equal to 10 percent of the taxes that would
1-23     have been imposed on the land in each year it is erroneously
1-24     exempted under this section.
 2-1           (e)  The chief appraiser shall make an entry in the appraisal
 2-2     records for the land on which the penalty is imposed indicating
 2-3     liability for the penalty and shall deliver a written notice of
 2-4     imposition of the penalty to the religious organization.  The
 2-5     notice shall include a brief explanation of the procedures for
 2-6     protesting the imposition of the penalty.  The assessor for each
 2-7     taxing unit shall add the amount of the penalty to the unit's tax
 2-8     bill for taxes on the land on which the penalty is imposed.  The
 2-9     penalty shall be collected at the same time and in the same manner
2-10     as the taxes on the land on which the penalty is imposed.  The
2-11     amount of the penalty constitutes a lien on the land on which the
2-12     penalty is imposed and accrues penalty and interest in the same
2-13     manner as a delinquent tax.
2-14           (f)  If the religious organization sells the land or uses the
2-15     land to produce revenue for the organization or another person, an
2-16     additional tax is imposed on the land for each of the preceding
2-17     five years for which the land received an exemption under this
2-18     section.  The additional tax is an amount equal to the tax that
2-19     would have been imposed had the land been taxed on the basis of
2-20     market value in each of those years, plus interest at an annual
2-21     rate of seven percent calculated from the dates the taxes would
2-22     have become due.
2-23           (g)  A tax lien attaches to the land on the date the
2-24     religious organization sells the land or first produces revenue for
2-25     the organization or another person from it to secure payment of the
2-26     additional tax and interest imposed by this section and any
2-27     penalties incurred.  The lien exists in favor of all taxing units
 3-1     for which the additional tax is imposed.
 3-2           (h)  The additional tax imposed by Subsection (f) does not
 3-3     apply to a year for which the tax has already been imposed.
 3-4           (i)  If only part of a parcel that has received an exemption
 3-5     under this section is sold by the religious organization or begins
 3-6     to produce revenue, the additional tax applies only to that part of
 3-7     the parcel and is an amount equal to the taxes that would have been
 3-8     imposed on that part if that part had been taxed on  the basis of
 3-9     market value.
3-10           (j)  A determination that land has been sold by the religious
3-11     organization or has begun to produce revenue for the organization
3-12     or another person is made by the chief appraiser.  The chief
3-13     appraiser shall deliver a notice of the determination to the owner
3-14     of the land as soon as possible after making the determination and
3-15     shall include in the notice an explanation of the owner's right to
3-16     protest the determination.  If the owner does not file a timely
3-17     protest or if the final determination of the protest is that the
3-18     additional taxes are due, the assessor for each taxing unit shall
3-19     prepare and deliver a bill for the additional taxes plus interest
3-20     as soon as practicable.  The taxes and interest are due and become
3-21     delinquent and incur penalties and interest as provided by law for
3-22     ad valorem taxes imposed by the taxing unit if not paid before the
3-23     next February 1 that is at least 20 days after the date the bill is
3-24     delivered to the owner of the land.
3-25           (k)  The sanctions provided by Subsection (f) do not apply if
3-26     the land is:
3-27                 (1)  sold for right-of-way;
 4-1                 (2)  condemned; or
 4-2                 (3)  transferred to this state or a political
 4-3     subdivision of this state to be used for a public purpose.
 4-4           SECTION 2.  Section 11.43(c), Tax Code, is amended to read as
 4-5     follows:
 4-6           (c)  An exemption provided by Section 11.13, 11.17, 11.18,
 4-7     11.19, 11.20, 11.205, 11.21, 11.22, 11.23(j), 11.29, 11.30, or
 4-8     11.31 of this code, once allowed, need not be claimed in subsequent
 4-9     years, and except as otherwise provided by Subsection (e) of this
4-10     section, the exemption applies to the property until it changes
4-11     ownership or the person's qualification for the exemption changes.
4-12     However, the chief appraiser may require a person allowed one of
4-13     the exemptions in a prior year to file a new application to confirm
4-14     the person's current qualification for the exemption by delivering
4-15     a written notice that a new application is required, accompanied by
4-16     an appropriate application form, to the person previously allowed
4-17     the exemption.
4-18           SECTION 3.  This Act takes effect January 1, 2000, but only
4-19     if the constitutional amendment to authorize the legislature to
4-20     exempt from ad valorem taxation vacant land owned by a church or
4-21     other religious organization if the land does not produce revenue
4-22     is approved by the voters.  If that amendment is not approved by
4-23     the voters, this Act has no effect.
4-24           SECTION 4.  The importance of this legislation and the
4-25     crowded condition of the calendars in both houses create an
4-26     emergency and an imperative public necessity that the
4-27     constitutional rule requiring bills to be read on three several
 5-1     days in each house be suspended, and this rule is hereby suspended.