HBA-KDB C.S.H.B. 2175 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2175 By: Hochberg Ways & Means 4/8/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The Texas Medical Center Central Heating and Cooling Services Cooperative Association (TECO) is a Texas nonprofit cooperative association that currently has an exemption from ad valorem taxes. As a cooperative, TECO has not yet been able to use tax exempt financing for its plant capital needs, but is attempting to change its status to a nonprofit corporation exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code. However, TECO will no longer be exempt from ad valorem taxation of its properties if TECO becomes a nonprofit corporation. A change to the exemption of ad valorem taxation of property would eliminate the benefit from the use of tax exempt finances for its plant capital needs. C.S.H.B. 2175 provides that a nonprofit corporation that engages exclusively in providing chilled water and steam to an eligible health-related institution is entitled to an exemption from taxation of the property the corporation owns, as though such property were owned and used by the state for health or educational purposes. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2175 amends the Tax Code to provide that a corporation organized under the Texas Non-Profit Corporation Act that engages exclusively in providing chilled water and steam to an eligible health-related institution is entitled to an exemption from taxation of the property the corporation owns, as though such property were owned and held by the state and used for health or educational purposes. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2175 modifies the original bill by providing that a nonprofit corporation is entitled to exemption from taxation only if the corporation engages exclusively in providing chilled water and steam to an eligible health-related institution. The original bill exempted a nonprofit corporation that provided chilled water and steam to eligible health-related institutions. The substitute modifies the original to conform to Texas Legislative Council format.