1-1     By:  Hochberg (Senate Sponsor - Lindsay)               H.B. No. 873
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Finance; April 27, 1999, reported favorably by the following vote:
 1-5     Yeas 9, Nays 0; April 27, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to an exemption from ad valorem taxation for property of
 1-9     certain nonprofit organizations while improvements are under
1-10     construction.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 11.18, Tax Code, is amended by amending
1-13     Subsection (a)  and adding Subsections (l) and (m) to read as
1-14     follows:
1-15           (a)  An organization that qualifies as a charitable
1-16     organization as provided by this section is entitled to an
1-17     exemption from taxation of:
1-18                 (1)  the buildings and tangible personal property that:
1-19                       (A) [(1)]  are owned by the charitable
1-20     organization; and
1-21                       (B) [(2)]  except as permitted by Subsection (b)
1-22     [of this section], are used exclusively by qualified charitable
1-23     organizations; and
1-24                 (2)  the real property owned by the charitable
1-25     organization consisting of:
1-26                       (A)  an incomplete improvement that:
1-27                             (i)  is under active construction or other
1-28     physical preparation; and
1-29                             (ii)  is designed and intended to be used
1-30     exclusively by qualified charitable organizations; and
1-31                       (B)  the land on which the incomplete improvement
1-32     is located that will be reasonably necessary for the use of the
1-33     improvement by qualified charitable organizations.
1-34           (l)  A property may not be exempted under Subsection (a)(2)
1-35     for more than three years.
1-36           (m)  For purposes of Subsection (a)(2), an incomplete
1-37     improvement is under physical preparation if the charitable
1-38     organization has:
1-39                 (1)  engaged in architectural or engineering work, soil
1-40     testing, land clearing activities, or site improvement work
1-41     necessary for the construction of the improvement; or
1-42                 (2)  conducted an environmental or land use study
1-43     relating to the construction of the improvement.
1-44           SECTION 2.  Section 11.19, Tax Code, is amended by amending
1-45     Subsection (a)  and adding Subsections (e) and (f) to read as
1-46     follows:
1-47           (a)  An association that qualifies as a youth development
1-48     association as provided by Subsection (d) [of this section] is
1-49     entitled to an exemption from taxation of:
1-50                 (1)  the tangible property that:
1-51                       (A) [(1)]  is owned by the association;
1-52                       (B) [(2)]  except as permitted by Subsection (b)
1-53     [of this section], is used exclusively by qualified youth
1-54     development associations; and
1-55                       (C) [(3)]  is reasonably necessary for the
1-56     operation of the association; and
1-57                 (2)  the real property owned by the youth development
1-58     association consisting of:
1-59                       (A)  an incomplete improvement that:
1-60                             (i)  is under active construction or other
1-61     physical preparation; and
1-62                             (ii)  is designed and intended to be used
1-63     exclusively by qualified youth development associations when
1-64     complete; and
 2-1                       (B)  the land on which the incomplete improvement
 2-2     is located that will be reasonably necessary for the use of the
 2-3     improvement by qualified youth development associations.
 2-4           (e)  A property may not be exempted under Subsection (a)(2)
 2-5     for more than three years.
 2-6           (f)  For purposes of Subsection (a)(2), an incomplete
 2-7     improvement is under physical preparation if the youth development
 2-8     association has:
 2-9                 (1)  engaged in architectural or engineering work, soil
2-10     testing, land clearing activities, or site improvement work
2-11     necessary for the construction of the improvement; or
2-12                 (2)  conducted an environmental or land use study
2-13     relating to the construction of the improvement.
2-14           SECTION 3.  Section 11.20(f), Tax Code, is amended to read as
2-15     follows:
2-16           (f)  A property may not be exempted under Subsection (a)(5)
2-17     [of this section] for more than three [two] years.
2-18           SECTION 4.  Section 11.21, Tax Code, is amended by amending
2-19     Subsection (a)  and adding Subsections (g) and (h) to read as
2-20     follows:
2-21           (a)  A person is entitled to an exemption from taxation of:
2-22                 (1)  the buildings and tangible personal property that
2-23     the person [he] owns and that are used for a school that is
2-24     qualified as provided by Subsection (d) [of this section] if:
2-25                       (A) [(1)]  the school is operated exclusively by
2-26     the person owning the property;
2-27                       (B) [(2)]  except as permitted by Subsection (b)
2-28     [of this section], the buildings and tangible personal property are
2-29     used exclusively for educational functions; and
2-30                       (C) [(3)]  the buildings and tangible personal
2-31     property are reasonably necessary for the operation of the school;
2-32     and
2-33                 (2)  the real property owned by the person consisting
2-34     of:
2-35                       (A)  an incomplete improvement that:
2-36                             (i)  is under active construction or other
2-37     physical preparation; and
2-38                             (ii)  is designed and intended to be used
2-39     for a school that is qualified as provided by Subsection (d); and
2-40                       (B)  the land on which the incomplete improvement
2-41     is located that will be reasonably necessary for the use of the
2-42     improvement for a school that is qualified as provided by
2-43     Subsection (d).
2-44           (g)  A property may not be exempted under Subsection (a)(2)
2-45     for more than three years.
2-46           (h)  For purposes of Subsection (a)(2), an incomplete
2-47     improvement is under physical preparation if the person has:
2-48                 (1)  engaged in architectural or engineering work, soil
2-49     testing, land clearing activities, or site improvement work
2-50     necessary for the construction of the improvement; or
2-51                 (2)  conducted an environmental or land use study
2-52     relating to the construction of the improvement.
2-53           SECTION 5.  Section 11.23, Tax Code, is amended by adding
2-54     Subsection (l) to read as follows:
2-55           (l)  Incomplete Improvements.  A person described by
2-56     Subsection (a)-(e), (g), or (i)-(k) is entitled to an exemption
2-57     from taxation of the real property owned by the person consisting
2-58     of an incomplete improvement that is under active construction or
2-59     other physical preparation and that is designed and intended to be
2-60     used by the person for a purpose described by that subsection when
2-61     complete and the land on which the incomplete improvement is
2-62     located that will be reasonably necessary for the person's use of
2-63     the improvement for that purpose.  A property may not be exempted
2-64     under this subsection for more than three years.  For purposes of
2-65     this subsection, an incomplete improvement is under physical
2-66     preparation if the person has:
2-67                 (1)  engaged in architectural or engineering work, soil
2-68     testing, land clearing activities, or site improvement work
2-69     necessary for the construction of the improvement; or
 3-1                 (2)  conducted an environmental or land use study
 3-2     relating to the construction of the improvement.
 3-3           SECTION 6.  Section 11.30, Tax Code, is amended to read as
 3-4     follows:
 3-5           Sec. 11.30.  NONPROFIT WATER SUPPLY OR WASTEWATER SERVICE
 3-6     CORPORATION.  (a) A corporation organized under Chapter 67, Water
 3-7     Code [76, Acts of the 43rd Legislature, 1st Called Session, 1933
 3-8     (Article 1434a, Vernon's Texas Civil Statutes)], that provides in
 3-9     the bylaws of the corporation that on dissolution of the
3-10     corporation the assets of the corporation remaining after discharge
3-11     of the corporation's indebtedness shall be transferred to an entity
3-12     that provides a water supply or wastewater service, or both, that
3-13     is exempt from ad valorem taxation is entitled to an exemption from
3-14     taxation of:
3-15                 (1)  property that the corporation owns and that is
3-16     reasonably necessary for and used in the operation of the
3-17     corporation:
3-18                       (A) [(1)]  to acquire, treat, store, transport,
3-19     sell, or distribute water; or
3-20                       (B) [(2)]  to provide wastewater service; and
3-21                 (2)  the real property owned by the corporation
3-22     consisting of:
3-23                       (A)  an incomplete improvement that:
3-24                             (i)  is under active construction or other
3-25     physical preparation; and
3-26                             (ii)  is designed and intended to be used
3-27     in the operation of the corporation for a purpose described by
3-28     Subdivision (1) when complete; and
3-29                       (B)  the land on which the incomplete improvement
3-30     is located that will be reasonably necessary for the use of the
3-31     improvement in the operation of the corporation for a purpose
3-32     described by Subdivision (1).
3-33           (b)  A property may not be exempted under Subsection (a)(2)
3-34     for more than three years.
3-35           (c)  For purposes of Subsection (a)(2), an incomplete
3-36     improvement is under physical preparation if the corporation has:
3-37                 (1)  engaged in architectural or engineering work, soil
3-38     testing, land clearing activities, or site improvement work
3-39     necessary for the construction of the improvement; or
3-40                 (2)  conducted an environmental or land use study
3-41     relating to the construction of the improvement.
3-42           SECTION 7.  The importance of this legislation and the
3-43     crowded condition of the calendars in both houses create an
3-44     emergency and an imperative public necessity that the
3-45     constitutional rule requiring bills to be read on three several
3-46     days in each house be suspended, and this rule is hereby suspended,
3-47     and that this Act take effect and be in force from and after its
3-48     passage, and it is so enacted.
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