77R12495 JD-D
By Ellis, Zbranek, Hilderbran H.B. No. 824
Substitute the following for H.B. No. 824:
By Ramsay C.S.H.B. No. 824
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exemption from ad valorem taxation of property
1-3 owned by certain nonprofit county fair associations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.23, Tax Code, is amended by adding
1-6 Subsection (h) to read as follows:
1-7 (h) County Fair Associations. A county fair association
1-8 organized to hold agricultural fairs and encourage agricultural
1-9 pursuits is entitled to an exemption from taxation of the land and
1-10 buildings that it owns and uses to hold agricultural fairs. An
1-11 association that holds a license under the Texas Racing Act
1-12 (Article 179e, Vernon's Texas Civil Statutes) to conduct a horse
1-13 race meeting or a greyhound race meeting with pari-mutuel wagering
1-14 is not entitled to an exemption under this subsection. Land or a
1-15 building used to conduct a horse race meeting or a greyhound race
1-16 meeting with pari-mutuel wagering under that Act may not be
1-17 exempted under this subsection. To qualify for an exemption under
1-18 this subsection, a county fair association must:
1-19 (1) be a nonprofit corporation as defined by the Texas
1-20 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
1-21 Texas Civil Statutes);
1-22 (2) be exempt from federal income taxes as an
1-23 organization described by Section 501(c)(3), (4), or (5), Internal
1-24 Revenue Code of 1986, as amended;
2-1 (3) qualify for an exemption from the franchise tax
2-2 under Section 171.060; and
2-3 (4) meet the requirements of a charitable organization
2-4 provided by Sections 11.18(e) and (f), for which purpose the
2-5 functions for which the association is organized are considered to
2-6 be charitable functions.
2-7 SECTION 2. This Act takes effect January 1, 2002, and
2-8 applies only to taxes imposed for a tax year that begins on or
2-9 after that date.