By Chisum, Hope, Turner of Harris, Hawley             H.B. No. 1689
         77R6698 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     organizations engaged primarily in performing charitable functions.
 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 11.184 to read as follows:
 1-7           Sec. 11.184.  ORGANIZATIONS ENGAGED PRIMARILY IN PERFORMING
 1-8     CHARITABLE FUNCTIONS. (a)  In this section:
 1-9                 (1)  "Local charitable organization" means an
1-10     organization that:
1-11                       (A)  is a chapter, subsidiary, or branch of a
1-12     statewide charitable organization; and
1-13                       (B)  with respect to its activities in this
1-14     state, is engaged primarily in performing functions listed in
1-15     Section 11.18(d).
1-16                 (2)  "Qualified charitable organization" means a
1-17     statewide charitable organization or a local charitable
1-18     organization.
1-19                 (3)  "Statewide charitable organization" means a
1-20     statewide organization that, with respect to its activities in this
1-21     state, is engaged primarily in performing functions listed in
1-22     Section 11.18(d).
1-23           (b)  A qualified charitable organization is entitled to an
1-24     exemption from taxation of:
 2-1                 (1)  the buildings and other real property and the
 2-2     tangible personal property that:
 2-3                       (A)  are owned by the organization; and
 2-4                       (B)  except as permitted by Subsection (c), are
 2-5     used exclusively by the organization and other organizations
 2-6     eligible for an exemption from taxation under this section or
 2-7     Section 11.18; and
 2-8                 (2)  the real property owned by the organization
 2-9     consisting of:
2-10                       (A)  an incomplete improvement that:
2-11                             (i)  is under active construction or other
2-12     physical preparation; and
2-13                             (ii)  is designed and intended to be used
2-14     exclusively by the organization and other organizations eligible
2-15     for an exemption from taxation under this section or Section 11.18;
2-16     and
2-17                       (B)  the land on which the incomplete improvement
2-18     is located that will be reasonably necessary for the use of the
2-19     improvement by the organization and other organizations eligible
2-20     for an exemption from taxation under this section or Section 11.18.
2-21           (c)  Use of exempt property by persons who are not charitable
2-22     organizations eligible for an exemption from taxation under this
2-23     section or Section 11.18 does not result in the loss of an
2-24     exemption authorized by this section if the use is incidental to
2-25     use by those charitable organizations and limited to activities
2-26     that benefit the charitable organization that owns or uses the
2-27     property.
 3-1           (d)  Before an organization may submit an application for an
 3-2     exemption under this section, the organization must apply to the
 3-3     comptroller for a determination of whether the organization is
 3-4     engaged primarily in performing functions listed in Section
 3-5     11.18(d) and is eligible for an exemption under this section.  In
 3-6     making the determination, the comptroller shall consider:
 3-7                 (1)  whether the organization is recognized by the
 3-8     Internal Revenue Service as a tax-exempt organization under Section
 3-9     501 of the Internal Revenue Code of 1986;
3-10                 (2)  whether the organization holds a letter of
3-11     exemption issued by the comptroller certifying that the
3-12     organization is entitled to issue an exemption certificate under
3-13     Section 151.310;
3-14                 (3)  whether the charter or bylaws of the organization
3-15     require charitable work or public service;
3-16                 (4)  the amount of monetary support contributed or
3-17     in-kind charitable or public service performed by the organization
3-18     in proportion to:
3-19                       (A)  the organization's operating expenses;
3-20                       (B)  the amount of dues received by the
3-21     organization; and
3-22                       (C)  the taxes imposed on the organization's
3-23     property during the preceding year if the property was taxed in
3-24     that year or, if the property was exempt from taxation in that
3-25     year, the taxes that would have been imposed on the property if it
3-26     had not been exempt from taxation; and
3-27                 (5)  any other factor the comptroller considers
 4-1     relevant.
 4-2           (e)  Not later than the 30th day after the date the
 4-3     organization submits an application under Subsection (d), the
 4-4     comptroller may request that the organization provide additional
 4-5     information the comptroller determines necessary.  Not later than
 4-6     the 90th day after the date the application is submitted or, if
 4-7     applicable, the date the additional information is provided, the
 4-8     comptroller shall issue a letter to the organization stating the
 4-9     comptroller's determination.
4-10           (f)  The comptroller may:
4-11                 (1)  adopt rules to implement this section;
4-12                 (2)  prescribe the form of an application for a
4-13     determination letter under this section; and
4-14                 (3)  charge an organization a fee not to exceed the
4-15     administrative costs of processing a request, making a
4-16     determination, and issuing a determination letter under this
4-17     section.
4-18           (g)  An organization applying for an exemption under this
4-19     section shall submit with the application a copy of the
4-20     determination letter issued by the comptroller under Subsection
4-21     (e).  The chief appraiser shall accept the copy of the letter as
4-22     conclusive evidence as to whether the organization engages
4-23     primarily in performing charitable functions and is eligible for an
4-24     exemption under this section.
4-25           (h)  A property may not be exempted under Subsection (b)(2)
4-26     for more than three years.
4-27           (i)  For purposes of Subsection (b)(2), an incomplete
 5-1     improvement is under physical preparation if the charitable
 5-2     organization has:
 5-3                 (1)  engaged in architectural or engineering work, soil
 5-4     testing, land clearing activities, or site improvement work
 5-5     necessary for the construction of the improvement; or
 5-6                 (2)  conducted an environmental or land use study
 5-7     relating to the construction of the improvement.
 5-8           (j)  An exemption under this section expires at the end of
 5-9     the fifth tax year after the year in which the exemption is
5-10     granted. To continue to receive an exemption under this section
5-11     after that year, the organization must obtain a new determination
5-12     letter and reapply for the exemption.
5-13           SECTION 2. Section 11.43(b), Tax Code, is amended to read as
5-14     follows:
5-15           (b)  Except as provided by Subsection (c) and by Sections
5-16     11.184 and [Section] 11.436, a person required to apply for an
5-17     exemption must apply each year the person claims entitlement to the
5-18     exemption.
5-19           SECTION 3. (a)  This Act takes effect September 1, 2001.
5-20           (b)  An organization may not receive an exemption under
5-21     Section 11.184, Tax Code, as added by this Act, before the tax year
5-22     that begins January 1, 2002.