By Hochberg                                            H.B. No. 873
         76R3185 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an exemption from ad valorem taxation for property of
 1-3     certain nonprofit organizations while improvements are under
 1-4     construction.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 11.17, Tax Code, is amended to read as
 1-7     follows:
 1-8           Sec. 11.17.  CEMETERIES.  (a)  A person is entitled to an
 1-9     exemption from taxation of:
1-10                 (1)  the property the person [he] owns and uses
1-11     exclusively for human burial and does not hold for profit; and
1-12                 (2)  the real property owned by the person consisting
1-13     of:
1-14                       (A)  an incomplete improvement that:
1-15                             (i)  is under active construction or other
1-16     physical preparation;
1-17                             (ii)  is designed and intended to be used
1-18     by the person for human burial when complete; and
1-19                             (iii)  is not held for profit; and
1-20                       (B)  the land on which the incomplete improvement
1-21     is located that:
1-22                             (i)  will be reasonably necessary for the
1-23     person's use of the improvement for human burial; and
1-24                             (ii)  is not held for profit.
 2-1           (b)  A property may not be exempted under Subsection (a)(2)
 2-2     for more than three years.
 2-3           (c)  For purposes of Subsection (a)(2), an incomplete
 2-4     improvement is under physical preparation if the person has:
 2-5                 (1)  engaged in architectural or engineering work, soil
 2-6     testing, land clearing activities, or site improvement work
 2-7     necessary for the construction of the improvement; or
 2-8                 (2)  conducted an environmental or land use study
 2-9     relating to the construction of the improvement.
2-10           SECTION 2.  Section 11.18, Tax Code, is amended by amending
2-11     Subsection (a)  and adding Subsections (l) and (m) to read as
2-12     follows:
2-13           (a)  An organization that qualifies as a charitable
2-14     organization as provided by this section is entitled to an
2-15     exemption from taxation of:
2-16                 (1)  the buildings and tangible personal property that:
2-17                       (A) [(1)]  are owned by the charitable
2-18     organization; and
2-19                       (B) [(2)]  except as permitted by Subsection (b)
2-20     [of this section], are used exclusively by qualified charitable
2-21     organizations; and
2-22                 (2)  the real property owned by the charitable
2-23     organization consisting of:
2-24                       (A)  an incomplete improvement that:
2-25                             (i)  is under active construction or other
2-26     physical preparation; and
2-27                             (ii)  is designed and intended to be used
 3-1     exclusively by qualified charitable organizations; and
 3-2                       (B)  the land on which the incomplete improvement
 3-3     is located that will be reasonably necessary for the use of the
 3-4     improvement by qualified charitable organizations.
 3-5           (l)  A property may not be exempted under Subsection (a)(2)
 3-6     for more than three years.
 3-7           (m)  For purposes of Subsection (a)(2), an incomplete
 3-8     improvement is under physical preparation if the charitable
 3-9     organization has:
3-10                 (1)  engaged in architectural or engineering work, soil
3-11     testing, land clearing activities, or site improvement work
3-12     necessary for the construction of the improvement; or
3-13                 (2)  conducted an environmental or land use study
3-14     relating to the construction of the improvement.
3-15           SECTION 3.  Section 11.19, Tax Code, is amended by amending
3-16     Subsection (a)  and adding Subsections (e) and (f) to read as
3-17     follows:
3-18           (a)  An association that qualifies as a youth development
3-19     association as provided by Subsection (d) [of this section] is
3-20     entitled to an exemption from taxation of:
3-21                 (1)  the tangible property that:
3-22                       (A) [(1)]  is owned by the association;
3-23                       (B) [(2)]  except as permitted by Subsection (b)
3-24     [of this section], is used exclusively by qualified youth
3-25     development associations; and
3-26                       (C) [(3)]  is reasonably necessary for the
3-27     operation of the association; and
 4-1                 (2)  the real property owned by the youth development
 4-2     association consisting of:
 4-3                       (A)  an incomplete improvement that:
 4-4                             (i)  is under active construction or other
 4-5     physical preparation; and
 4-6                             (ii)  is designed and intended to be used
 4-7     exclusively by qualified youth development associations when
 4-8     complete; and
 4-9                       (B)  the land on which the incomplete improvement
4-10     is located that will be reasonably necessary for the use of the
4-11     improvement by qualified youth development associations.
4-12           (e)  A property may not be exempted under Subsection (a)(2)
4-13     for more than three years.
4-14           (f)  For purposes of Subsection (a)(2), an incomplete
4-15     improvement is under physical preparation if the youth development
4-16     association has:
4-17                 (1)  engaged in architectural or engineering work, soil
4-18     testing, land clearing activities, or site improvement work
4-19     necessary for the construction of the improvement; or
4-20                 (2)  conducted an environmental or land use study
4-21     relating to the construction of the improvement.
4-22           SECTION 4.  Section 11.20(f), Tax Code, is amended to read as
4-23     follows:
4-24           (f)  A property may not be exempted under Subsection (a)(5)
4-25     [of this section] for more than three [two] years.
4-26           SECTION 5.  Section 11.21, Tax Code, is amended by amending
4-27     Subsection (a)  and adding Subsections (g) and (h) to read as
 5-1     follows:
 5-2           (a)  A person is entitled to an exemption from taxation of:
 5-3                 (1)  the buildings and tangible personal property that
 5-4     the person [he] owns and that are used for a school that is
 5-5     qualified as provided by Subsection (d) [of this section] if:
 5-6                       (A) [(1)]  the school is operated exclusively by
 5-7     the person owning the property;
 5-8                       (B) [(2)]  except as permitted by Subsection (b)
 5-9     [of this section], the buildings and tangible personal property are
5-10     used exclusively for educational functions; and
5-11                       (C) [(3)]  the buildings and tangible personal
5-12     property are reasonably necessary for the operation of the school;
5-13     and
5-14                 (2)  the real property owned by the person consisting
5-15     of:
5-16                       (A)  an incomplete improvement that:
5-17                             (i)  is under active construction or other
5-18     physical preparation; and
5-19                             (ii)  is designed and intended to be used
5-20     for a school that is qualified as provided by Subsection (d); and
5-21                       (B)  the land on which the incomplete improvement
5-22     is located that will be reasonably necessary for the use of the
5-23     improvement for a school that is qualified as provided by
5-24     Subsection (d).
5-25           (g)  A property may not be exempted under Subsection (a)(2)
5-26     for more than three years.
5-27           (h)  For purposes of Subsection (a)(2), an incomplete
 6-1     improvement is under physical preparation if the person has:
 6-2                 (1)  engaged in architectural or engineering work, soil
 6-3     testing, land clearing activities, or site improvement work
 6-4     necessary for the construction of the improvement; or
 6-5                 (2)  conducted an environmental or land use study
 6-6     relating to the construction of the improvement.
 6-7           SECTION 6.  Section 11.23, Tax Code, is amended by adding
 6-8     Subsection (l) to read as follows:
 6-9           (l)  Incomplete Improvements.  A person described by
6-10     Subsection (a)-(e), (g), or (i)-(k) is entitled to an exemption
6-11     from taxation of the real property owned by the person consisting
6-12     of an incomplete improvement that is under active construction or
6-13     other physical preparation and that is designed and intended to be
6-14     used by the person for a purpose described by that subsection when
6-15     complete and the land on which the incomplete improvement is
6-16     located that will be reasonably necessary for the person's use of
6-17     the improvement for that purpose.  A property may not be exempted
6-18     under this subsection for more than three years.  For purposes of
6-19     this subsection, an incomplete improvement is under physical
6-20     preparation if the person has:
6-21                 (1)  engaged in architectural or engineering work, soil
6-22     testing, land clearing activities, or site improvement work
6-23     necessary for the construction of the improvement; or
6-24                 (2)  conducted an environmental or land use study
6-25     relating to the construction of the improvement.
6-26           SECTION 7.  Section 11.30, Tax Code, is amended to read as
6-27     follows:
 7-1           Sec. 11.30.  NONPROFIT WATER SUPPLY OR WASTEWATER SERVICE
 7-2     CORPORATION.  (a) A corporation organized under Chapter 67, Water
 7-3     Code [76, Acts of the 43rd Legislature, 1st Called Session, 1933
 7-4     (Article 1434a, Vernon's Texas Civil Statutes)], that provides in
 7-5     the bylaws of the corporation that on dissolution of the
 7-6     corporation the assets of the corporation remaining after discharge
 7-7     of the corporation's indebtedness shall be transferred to an entity
 7-8     that provides a water supply or wastewater service, or both, that
 7-9     is exempt from ad valorem taxation is entitled to an exemption from
7-10     taxation of:
7-11                 (1)  property that the corporation owns and that is
7-12     reasonably necessary for and used in the operation of the
7-13     corporation:
7-14                       (A) [(1)]  to acquire, treat, store, transport,
7-15     sell, or distribute water; or
7-16                       (B) [(2)]  to provide wastewater service; and
7-17                 (2)  the real property owned by the corporation
7-18     consisting of:
7-19                       (A)  an incomplete improvement that:
7-20                             (i)  is under active construction or other
7-21     physical preparation; and
7-22                             (ii)  is designed and intended to be used
7-23     in the operation of the corporation for a purpose described by
7-24     Subdivision (1) when complete; and
7-25                       (B)  the land on which the incomplete improvement
7-26     is located that will be reasonably necessary for the use of the
7-27     improvement in the operation of the corporation for a purpose
 8-1     described by Subdivision (1).
 8-2           (b)  A property may not be exempted under Subsection (a)(2)
 8-3     for more than three years.
 8-4           (c)  For purposes of Subsection (a)(2), an incomplete
 8-5     improvement is under physical preparation if the corporation has:
 8-6                 (1)  engaged in architectural or engineering work, soil
 8-7     testing, land clearing activities, or site improvement work
 8-8     necessary for the construction of the improvement; or
 8-9                 (2)  conducted an environmental or land use study
8-10     relating to the construction of the improvement.
8-11           SECTION 8.  The importance of this legislation and the
8-12     crowded condition of the calendars in both houses create an
8-13     emergency and an imperative public necessity that the
8-14     constitutional rule requiring bills to be read on three several
8-15     days in each house be suspended, and this rule is hereby suspended,
8-16     and that this Act take effect and be in force from and after its
8-17     passage, and it is so enacted.