By Barrientos                                         S.B. No. 1007
         77R7283 JD-F                           
                                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 charitable organizations that provide child care services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 11.18(d), Tax Code, is amended to read as
 1-6     follows:
 1-7           (d)  A charitable organization must be organized exclusively
 1-8     to perform religious, charitable, scientific, literary, or
 1-9     educational purposes and, except as permitted by Subsections (h)
1-10     and (l) [of this section], engage exclusively in performing one or
1-11     more of the following charitable functions:
1-12                 (1)  providing medical care without regard to the
1-13     beneficiaries' ability to pay, which in the case of a nonprofit
1-14     hospital or hospital system means providing charity care and
1-15     community benefits as set forth in Paragraph (A), (B), (C), (D),
1-16     (E), (F), (G), or (H):
1-17                       (A)  charity care and government-sponsored
1-18     indigent health care are provided at a level which is reasonable in
1-19     relation to the community needs, as determined through the
1-20     community needs assessment, the available resources of the hospital
1-21     or hospital system, and the tax-exempt benefits received by the
1-22     hospital or hospital system;
1-23                       (B)  charity care and government-sponsored
1-24     indigent health care are provided in an amount equal to at least
 2-1     four percent of the hospital's or hospital system's net patient
 2-2     revenue;
 2-3                       (C)  charity care and government-sponsored
 2-4     indigent health care are provided in an amount equal to at least
 2-5     100 percent of the hospital's or hospital system's tax-exempt
 2-6     benefits, excluding federal income tax;
 2-7                       (D)  a nonprofit hospital that has been
 2-8     designated as a disproportionate share hospital under the state
 2-9     Medicaid program in the current year or in either of the previous
2-10     two fiscal years shall be considered to have provided a reasonable
2-11     amount of charity care and government-sponsored indigent health
2-12     care and shall be deemed in compliance with the standards in this
2-13     subsection;
2-14                       (E)  for tax years before 1996, charity care and
2-15     community benefits are provided in a combined amount equal to at
2-16     least five percent of the hospital's or hospital system's net
2-17     patient revenue, provided that charity care and
2-18     government-sponsored indigent health care are provided in an amount
2-19     equal to at least three percent of net patient revenue;
2-20                       (F)  beginning with the hospital's or hospital
2-21     system's tax year starting after 1995, charity care and community
2-22     benefits are provided in a combined amount equal to at least five
2-23     percent of the hospital's or hospital system's net patient revenue,
2-24     provided that charity care and government-sponsored indigent health
2-25     care are provided in an amount equal to at least four percent of
2-26     net patient revenue;
2-27                       (G)  a hospital operated on a nonprofit basis
 3-1     that is located in a county with a population of less than 50,000
 3-2     and in which the entire county or the population of the entire
 3-3     county has been designated as a health professionals shortage area
 3-4     is considered to be in compliance with the standards provided by
 3-5     this subsection; or
 3-6                       (H)  a hospital providing health care services to
 3-7     inpatients or outpatients without receiving any payment for
 3-8     providing those services from any source, including the patient or
 3-9     person legally obligated to support the patient, third-party
3-10     payors, Medicare, Medicaid, or any other state or local indigent
3-11     care program but excluding charitable donations, legacies,
3-12     bequests, or grants or payments for research, is considered to be
3-13     in compliance with the standards provided by this subsection;
3-14                 (2)  providing support or relief to orphans,
3-15     delinquent, dependent, or handicapped children in need of
3-16     residential care, abused or battered spouses or children in need of
3-17     temporary shelter, the impoverished, or victims of natural disaster
3-18     without regard to the beneficiaries' ability to pay;
3-19                 (3)  providing support to elderly persons, including
3-20     the provision of recreational or social activities and facilities
3-21     designed to address the special needs of elderly persons, or to the
3-22     handicapped, without regard to the beneficiaries' ability to pay;
3-23                 (4)  preserving a historical landmark or site;
3-24                 (5)  promoting or operating a museum, zoo, library,
3-25     theater of the dramatic or performing arts, or symphony orchestra
3-26     or choir;
3-27                 (6)  promoting or providing humane treatment of
 4-1     animals;
 4-2                 (7)  acquiring, storing, transporting, selling, or
 4-3     distributing water for public use;
 4-4                 (8)  answering fire alarms and extinguishing fires with
 4-5     no compensation or only nominal compensation to the members of the
 4-6     organization;
 4-7                 (9)  promoting the athletic development of boys or
 4-8     girls under the age of 18 years;
 4-9                 (10)  preserving or conserving wildlife;
4-10                 (11)  promoting educational development through loans
4-11     or scholarships to students;
4-12                 (12)  providing halfway house services pursuant to a
4-13     certification as a halfway house by the Board of Pardons and
4-14     Paroles;
4-15                 (13)  providing permanent housing and related social,
4-16     health care, and educational facilities for persons who are 62
4-17     years of age or older without regard to the residents' ability to
4-18     pay;
4-19                 (14)  promoting or operating an art gallery, museum, or
4-20     collection, in a permanent location or on tour, that is open to the
4-21     public;
4-22                 (15)  providing for the organized solicitation and
4-23     collection for distributions through gifts, grants, and agreements
4-24     to nonprofit charitable, education, religious, and youth
4-25     organizations that provide direct human, health, and welfare
4-26     services;
4-27                 (16)  performing biomedical or scientific research or
 5-1     biomedical or scientific education for the benefit of the public;
 5-2                 (17)  operating a television station that produces or
 5-3     broadcasts educational, cultural, or other public interest
 5-4     programming and that receives grants from the Corporation for
 5-5     Public Broadcasting under 47 U.S.C. Section 396, as amended [and
 5-6     its subsequent amendments];
 5-7                 (18)  providing housing for low-income and
 5-8     moderate-income families, for unmarried individuals 62 years of age
 5-9     or older, for handicapped individuals, and for families displaced
5-10     by urban renewal, through the use of trust assets that are
5-11     irrevocably and, pursuant to a contract entered into before
5-12     December 31, 1972, contractually dedicated on the sale or
5-13     disposition of the housing to a charitable organization that
5-14     performs charitable functions described by Subdivision (9);
5-15                 (19)  providing housing and related services to persons
5-16     who are 62 years of age or older in a retirement community, if the
5-17     retirement community provides independent living services, assisted
5-18     living services, and nursing services to its residents on a single
5-19     campus:
5-20                       (A)  without regard to the residents' ability to
5-21     pay; or
5-22                       (B)  in which at least four percent of the
5-23     retirement community's combined net resident revenue is provided in
5-24     charitable care to its residents; [or]
5-25                 (20)  providing housing on a cooperative basis to
5-26     students of an institution of higher education if:
5-27                       (A)  the organization is exempt from federal
 6-1     income taxation under Section 501(a), [of the] Internal Revenue
 6-2     Code of 1986, as amended [and its subsequent amendments], by being
 6-3     listed as an exempt entity under Section 501(c)(3) of that code;
 6-4                       (B)  membership in the organization is open to
 6-5     all students enrolled in the institution and is not limited to
 6-6     those chosen by current members of the organization;
 6-7                       (C)  the organization is governed by its members;
 6-8     and
 6-9                       (D)  the members of the organization share the
6-10     responsibility for managing the housing; or
6-11                 (21)  providing assessment, care, training, education,
6-12     custody, treatment, or supervision of children in a child-care
6-13     facility, as defined by Section 42.002, Human Resources Code, if
6-14     the organization is exempt from federal income taxation under
6-15     Section 501(a), Internal Revenue Code of 1986, as amended, by being
6-16     listed as an exempt entity under Section 501(c)(3) of that code.
6-17           For purposes of satisfying Paragraph (F) of Subdivision (1),
6-18     a hospital or hospital system may not change its existing fiscal
6-19     year unless the hospital or hospital system changes its ownership
6-20     or corporate structure as a result of a sale or merger.
6-21           For purposes of this subsection, a hospital that satisfies
6-22     Paragraph (A), (D), (G), or (H) of Subdivision (1) shall be
6-23     excluded in determining a hospital system's compliance with the
6-24     standards provided by Paragraph (B), (C), (E), or (F) of
6-25     Subdivision (1).
6-26           For purposes of this subsection, the terms "charity care,"
6-27     "government-sponsored indigent health care," "health care
 7-1     organization," "hospital system," "net patient revenue," "nonprofit
 7-2     hospital," and "tax-exempt benefits" have the meanings set forth in
 7-3     Sections 311.031 and 311.042, Health and Safety Code.  A
 7-4     determination of the amount of community benefits and charity care
 7-5     and government-sponsored indigent health care provided by a
 7-6     hospital or hospital system and the hospital's or hospital system's
 7-7     compliance with the requirements of Section 311.045, Health and
 7-8     Safety Code, shall be based on the most recently completed and
 7-9     audited prior fiscal year of the hospital or hospital system.
7-10           The providing of charity care and government-sponsored
7-11     indigent health care in accordance with Paragraph (A) of
7-12     Subdivision (1) shall be guided by the prudent business judgment of
7-13     the hospital which will ultimately determine the appropriate level
7-14     of charity care and government-sponsored indigent health care based
7-15     on the community needs, the available resources of the hospital,
7-16     the tax-exempt benefits received by the hospital, and other factors
7-17     that may be unique to the hospital, such as the hospital's volume
7-18     of Medicare and Medicaid patients.  These criteria shall not be
7-19     determinative factors, but shall be guidelines contributing to the
7-20     hospital's decision along with other factors which may be unique to
7-21     the hospital.  The formulas contained in Paragraphs (B), (C), (E),
7-22     and (F) of Subdivision (1) shall also not be considered
7-23     determinative of a reasonable amount of charity care and
7-24     government-sponsored indigent health care.
7-25           The requirements of this subsection shall not apply to the
7-26     extent a hospital or hospital system demonstrates that reductions
7-27     in the amount of community benefits, charity care, and
 8-1     government-sponsored indigent health care are necessary to maintain
 8-2     financial reserves at a level required by a bond covenant, are
 8-3     necessary to prevent the hospital or hospital system from
 8-4     endangering its ability to continue operations, or if the hospital
 8-5     or hospital system, as a result of a natural or other disaster, is
 8-6     required substantially to curtail its operations.
 8-7           In any fiscal year that a hospital or hospital system,
 8-8     through unintended miscalculation, fails to meet any of the
 8-9     standards in Subdivision (1), the hospital or hospital system shall
8-10     not lose its tax-exempt status without the opportunity to cure the
8-11     miscalculation in the fiscal year following the fiscal year the
8-12     failure is discovered by both meeting one of the standards and
8-13     providing an additional amount of charity care and
8-14     government-sponsored indigent health care that is equal to the
8-15     shortfall from the previous fiscal year.  A hospital or hospital
8-16     system may apply this provision only once every five years.
8-17           SECTION 2. This Act takes effect January 1, 2002, and applies
8-18     only to an ad valorem tax year that begins on or after that date.