1-1     By:  Barrientos                                       S.B. No. 1007
 1-2           (In the Senate - Filed February 28, 2001; March 5, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 26, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     April 26, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1007                    By:  Cain
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the exemption from ad valorem taxation of property
1-11     owned by charitable organizations that provide child-care services.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (d), Section 11.18, Tax Code, is
1-14     amended to read as follows:
1-15           (d)  A charitable organization must be organized exclusively
1-16     to perform religious, charitable, scientific, literary, or
1-17     educational purposes and, except as permitted by Subsections (h)
1-18     and (l) [of this section], engage exclusively in performing one or
1-19     more of the following charitable functions:
1-20                 (1)  providing medical care without regard to the
1-21     beneficiaries' ability to pay, which in the case of a nonprofit
1-22     hospital or hospital system means providing charity care and
1-23     community benefits as set forth in Paragraph (A), (B), (C), (D),
1-24     (E), (F), (G), or (H):
1-25                       (A)  charity care and government-sponsored
1-26     indigent health care are provided at a level which is reasonable in
1-27     relation to the community needs, as determined through the
1-28     community needs assessment, the available resources of the hospital
1-29     or hospital system, and the tax-exempt benefits received by the
1-30     hospital or hospital system;
1-31                       (B)  charity care and government-sponsored
1-32     indigent health care are provided in an amount equal to at least
1-33     four percent of the hospital's or hospital system's net patient
1-34     revenue;
1-35                       (C)  charity care and government-sponsored
1-36     indigent health care are provided in an amount equal to at least
1-37     100 percent of the hospital's or hospital system's tax-exempt
1-38     benefits, excluding federal income tax;
1-39                       (D)  a nonprofit hospital that has been
1-40     designated as a disproportionate share hospital under the state
1-41     Medicaid program in the current year or in either of the previous
1-42     two fiscal years shall be considered to have provided a reasonable
1-43     amount of charity care and government-sponsored indigent health
1-44     care and shall be deemed in compliance with the standards in this
1-45     subsection;
1-46                       (E)  for tax years before 1996, charity care and
1-47     community benefits are provided in a combined amount equal to at
1-48     least five percent of the hospital's or hospital system's net
1-49     patient revenue, provided that charity care and
1-50     government-sponsored indigent health care are provided in an amount
1-51     equal to at least three percent of net patient revenue;
1-52                       (F)  beginning with the hospital's or hospital
1-53     system's tax year starting after 1995, charity care and community
1-54     benefits are provided in a combined amount equal to at least five
1-55     percent of the hospital's or hospital system's net patient revenue,
1-56     provided that charity care and government-sponsored indigent health
1-57     care are provided in an amount equal to at least four percent of
1-58     net patient revenue;
1-59                       (G)  a hospital operated on a nonprofit basis
1-60     that is located in a county with a population of less than 50,000
1-61     and in which the entire county or the population of the entire
1-62     county has been designated as a health professionals shortage area
1-63     is considered to be in compliance with the standards provided by
1-64     this subsection; or
 2-1                       (H)  a hospital providing health care services to
 2-2     inpatients or outpatients without receiving any payment for
 2-3     providing those services from any source, including the patient or
 2-4     person legally obligated to support the patient, third-party
 2-5     payors, Medicare, Medicaid, or any other state or local indigent
 2-6     care program but excluding charitable donations, legacies,
 2-7     bequests, or grants or payments for research, is considered to be
 2-8     in compliance with the standards provided by this subsection;
 2-9                 (2)  providing support or relief to orphans,
2-10     delinquent, dependent, or handicapped children in need of
2-11     residential care, abused or battered spouses or children in need of
2-12     temporary shelter, the impoverished, or victims of natural disaster
2-13     without regard to the beneficiaries' ability to pay;
2-14                 (3)  providing support to elderly persons, including
2-15     the provision of recreational or social activities and facilities
2-16     designed to address the special needs of elderly persons, or to the
2-17     handicapped, without regard to the beneficiaries' ability to pay;
2-18                 (4)  preserving a historical landmark or site;
2-19                 (5)  promoting or operating a museum, zoo, library,
2-20     theater of the dramatic or performing arts, or symphony orchestra
2-21     or choir;
2-22                 (6)  promoting or providing humane treatment of
2-23     animals;
2-24                 (7)  acquiring, storing, transporting, selling, or
2-25     distributing water for public use;
2-26                 (8)  answering fire alarms and extinguishing fires with
2-27     no compensation or only nominal compensation to the members of the
2-28     organization;
2-29                 (9)  promoting the athletic development of boys or
2-30     girls under the age of 18 years;
2-31                 (10)  preserving or conserving wildlife;
2-32                 (11)  promoting educational development through loans
2-33     or scholarships to students;
2-34                 (12)  providing halfway house services pursuant to a
2-35     certification as a halfway house by the Board of Pardons and
2-36     Paroles;
2-37                 (13)  providing permanent housing and related social,
2-38     health care, and educational facilities for persons who are 62
2-39     years of age or older without regard to the residents' ability to
2-40     pay;
2-41                 (14)  promoting or operating an art gallery, museum, or
2-42     collection, in a permanent location or on tour, that is open to the
2-43     public;
2-44                 (15)  providing for the organized solicitation and
2-45     collection for distributions through gifts, grants, and agreements
2-46     to nonprofit charitable, education, religious, and youth
2-47     organizations that provide direct human, health, and welfare
2-48     services;
2-49                 (16)  performing biomedical or scientific research or
2-50     biomedical or scientific education for the benefit of the public;
2-51                 (17)  operating a television station that produces or
2-52     broadcasts educational, cultural, or other public interest
2-53     programming and that receives grants from the Corporation for
2-54     Public Broadcasting under 47 U.S.C. Section 396, as amended [and
2-55     its subsequent amendments];
2-56                 (18)  providing housing for low-income and
2-57     moderate-income families, for unmarried individuals 62 years of age
2-58     or older, for handicapped individuals, and for families displaced
2-59     by urban renewal, through the use of trust assets that are
2-60     irrevocably and, pursuant to a contract entered into before
2-61     December 31, 1972, contractually dedicated on the sale or
2-62     disposition of the housing to a charitable organization that
2-63     performs charitable functions described by Subdivision (9);
2-64                 (19)  providing housing and related services to persons
2-65     who are 62 years of age or older in a retirement community, if the
2-66     retirement community provides independent living services, assisted
2-67     living services, and nursing services to its residents on a single
2-68     campus:
2-69                       (A)  without regard to the residents' ability to
 3-1     pay; or
 3-2                       (B)  in which at least four percent of the
 3-3     retirement community's combined net resident revenue is provided in
 3-4     charitable care to its residents; [or]
 3-5                 (20)  providing housing on a cooperative basis to
 3-6     students of an institution of higher education if:
 3-7                       (A)  the organization is exempt from federal
 3-8     income taxation under Section 501(a), [of the] Internal Revenue
 3-9     Code of 1986, as amended [and its subsequent amendments], by being
3-10     listed as an exempt entity under Section 501(c)(3) of that code;
3-11                       (B)  membership in the organization is open to
3-12     all students enrolled in the institution and is not limited to
3-13     those chosen by current members of the organization;
3-14                       (C)  the organization is governed by its members;
3-15     and
3-16                       (D)  the members of the organization share the
3-17     responsibility for managing the housing; or
3-18                 (21)  providing child care for all or part of the day,
3-19     directly by the organization in a child-care facility licensed by
3-20     the Department of Protective and Regulatory Services, through a
3-21     contract with a child-care facility licensed by that department, or
3-22     in association with a provider of a Head Start program, as defined
3-23     by Section 72.001, Human Resources Code, that provides educational
3-24     services to children in a child-care facility licensed by that
3-25     department, if the organization provides the child care using:
3-26                       (A)  donated funds, state funds, federal funds,
3-27     or a combination of those funds, without regard to the
3-28     beneficiaries' ability to pay; or
3-29                       (B)  money derived from fees paid for the child
3-30     care on a sliding scale based on the beneficiaries' ability to pay.
3-31           For purposes of satisfying Paragraph (F) of Subdivision (1),
3-32     a hospital or hospital system may not change its existing fiscal
3-33     year unless the hospital or hospital system changes its ownership
3-34     or corporate structure as a result of a sale or merger.
3-35           For purposes of this subsection, a hospital that satisfies
3-36     Paragraph (A), (D), (G), or (H) of Subdivision (1) shall be
3-37     excluded in determining a hospital system's compliance with the
3-38     standards provided by Paragraph (B), (C), (E), or (F) of
3-39     Subdivision (1).
3-40           For purposes of this subsection, the terms "charity care,"
3-41     "government-sponsored indigent health care," "health care
3-42     organization," "hospital system," "net patient revenue," "nonprofit
3-43     hospital," and "tax-exempt benefits" have the meanings set forth in
3-44     Sections 311.031 and 311.042, Health and Safety Code.  A
3-45     determination of the amount of community benefits and charity care
3-46     and government-sponsored indigent health care provided by a
3-47     hospital or hospital system and the hospital's or hospital system's
3-48     compliance with the requirements of Section 311.045, Health and
3-49     Safety Code, shall be based on the most recently completed and
3-50     audited prior fiscal year of the hospital or hospital system.
3-51           The providing of charity care and government-sponsored
3-52     indigent health care in accordance with Paragraph (A) of
3-53     Subdivision (1) shall be guided by the prudent business judgment of
3-54     the hospital which will ultimately determine the appropriate level
3-55     of charity care and government-sponsored indigent health care based
3-56     on the community needs, the available resources of the hospital,
3-57     the tax-exempt benefits received by the hospital, and other factors
3-58     that may be unique to the hospital, such as the hospital's volume
3-59     of Medicare and Medicaid patients.  These criteria shall not be
3-60     determinative factors, but shall be guidelines contributing to the
3-61     hospital's decision along with other factors which may be unique to
3-62     the hospital.  The formulas contained in Paragraphs (B), (C), (E),
3-63     and (F) of Subdivision (1) shall also not be considered
3-64     determinative of a reasonable amount of charity care and
3-65     government-sponsored indigent health care.
3-66           The requirements of this subsection shall not apply to the
3-67     extent a hospital or hospital system demonstrates that reductions
3-68     in the amount of community benefits, charity care, and
3-69     government-sponsored indigent health care are necessary to maintain
 4-1     financial reserves at a level required by a bond covenant, are
 4-2     necessary to prevent the hospital or hospital system from
 4-3     endangering its ability to continue operations, or if the hospital
 4-4     or hospital system, as a result of a natural or other disaster, is
 4-5     required substantially to curtail its operations.
 4-6           In any fiscal year that a hospital or hospital system,
 4-7     through unintended miscalculation, fails to meet any of the
 4-8     standards in Subdivision (1), the hospital or hospital system shall
 4-9     not lose its tax-exempt status without the opportunity to cure the
4-10     miscalculation in the fiscal year following the fiscal year the
4-11     failure is discovered by both meeting one of the standards and
4-12     providing an additional amount of charity care and
4-13     government-sponsored indigent health care that is equal to the
4-14     shortfall from the previous fiscal year.  A hospital or hospital
4-15     system may apply this provision only once every five years.
4-16           SECTION 2.  This Act takes effect January 1, 2002, and
4-17     applies only to an ad valorem tax year that begins on or after that
4-18     date.
4-19                                  * * * * *