1-1     By:  Barrientos                                       S.B. No. 1554
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; May 7, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 1;
 1-6     May 7, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1554                 By:  Lindsay
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to an exemption from ad valorem taxation for certain
1-11     organizations engaged primarily in performing charitable functions.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 11, Tax Code, is amended by
1-14     adding Section 11.184 to read as follows:
1-15           Sec. 11.184.  ORGANIZATIONS ENGAGED PRIMARILY IN PERFORMING
1-16     CHARITABLE FUNCTIONS.  (a)  In this section:
1-17                 (1)  "Local charitable organization" means an
1-18     organization that:
1-19                       (A)  is a chapter, subsidiary, or branch of a
1-20     statewide charitable organization; and
1-21                       (B)  with respect to its activities in this
1-22     state, is engaged primarily in performing functions listed in
1-23     Section 11.18(d).
1-24                 (2)  "Qualified charitable organization" means a
1-25     statewide charitable organization or a local charitable
1-26     organization.
1-27                 (3)  "Statewide charitable organization" means a
1-28     statewide organization that, with respect to its activities in this
1-29     state, is engaged primarily in performing functions listed in
1-30     Section 11.18(d).
1-31           (b)  A qualified charitable organization is entitled to an
1-32     exemption from taxation of:
1-33                 (1)  the buildings and other real property and the
1-34     tangible personal property that:
1-35                       (A)  are owned by the organization; and
1-36                       (B)  except as permitted by Subsection (c), are
1-37     used exclusively by the organization and other organizations
1-38     eligible for an exemption from taxation under this section or
1-39     Section 11.18; and
1-40                 (2)  the real property owned by the organization
1-41     consisting of:
1-42                       (A)  an incomplete improvement that:
1-43                             (i)  is under active construction or other
1-44     physical preparation; and
1-45                             (ii)  is designed and intended to be used
1-46     exclusively by the organization and other organizations eligible
1-47     for an exemption from taxation under this section or Section 11.18;
1-48     and
1-49                       (B)  the land on which the incomplete improvement
1-50     is located that will be reasonably necessary for the use of the
1-51     improvement by the organization and other organizations eligible
1-52     for an exemption from taxation under this section or Section 11.18.
1-53           (c)  Use of exempt property by persons who are not charitable
1-54     organizations eligible for an exemption from taxation under this
1-55     section or Section 11.18 does not result in the loss of an
1-56     exemption authorized by this section if the use is incidental to
1-57     use by those charitable organizations and limited to activities
1-58     that benefit the charitable organization that owns or uses the
1-59     property.
1-60           (d)  Before an organization may submit an application for an
1-61     exemption under this section, the organization must apply to the
1-62     comptroller for a determination of whether the organization is
1-63     engaged primarily in performing functions listed in Section
1-64     11.18(d) and is eligible for an exemption under this section.  In
 2-1     making the determination, the comptroller shall consider:
 2-2                 (1)  whether the organization is recognized by the
 2-3     Internal Revenue Service as a tax-exempt organization under Section
 2-4     501, Internal Revenue Code of 1986, as amended;
 2-5                 (2)  whether the organization holds a letter of
 2-6     exemption issued by the comptroller certifying that the
 2-7     organization is entitled to issue an exemption certificate under
 2-8     Section 151.310;
 2-9                 (3)  whether the charter or bylaws of the organization
2-10     require charitable work or public service;
2-11                 (4)  the amount of monetary support contributed or
2-12     in-kind charitable or public service performed by the organization
2-13     in proportion to:
2-14                       (A)  the organization's operating expenses;
2-15                       (B)  the amount of dues received by the
2-16     organization; and
2-17                       (C)  the taxes imposed on the organization's
2-18     property during the preceding year if the property was taxed in
2-19     that year or, if the property was exempt from taxation in that
2-20     year, the taxes that would have been imposed on the property if it
2-21     had not been exempt from taxation; and
2-22                 (5)  any other factor the comptroller considers
2-23     relevant.
2-24           (e)  Not later than the 30th day after the date the
2-25     organization submits an application under Subsection (d), the
2-26     comptroller may request that the organization provide additional
2-27     information the comptroller determines necessary.  Not later than
2-28     the 90th day after the date the application is submitted or, if
2-29     applicable, the date the additional information is provided, the
2-30     comptroller shall issue a letter to the organization stating the
2-31     comptroller's determination.
2-32           (f)  The comptroller shall:
2-33                 (1)  adopt rules to implement this section;
2-34                 (2)  prescribe the form of an application for a
2-35     determination letter under this section; and
2-36                 (3)  charge an organization a reasonable fee not to
2-37     exceed the administrative costs of processing a request, making a
2-38     determination, and issuing a determination letter under this
2-39     section.
2-40           (g)  An organization applying for an exemption under this
2-41     section shall submit with the application a copy of the
2-42     determination letter issued by the comptroller under Subsection
2-43     (e).  The chief appraiser shall accept the copy of the letter as
2-44     conclusive evidence as to whether the organization engages
2-45     primarily in performing charitable functions and is eligible for an
2-46     exemption under this section.
2-47           (h)  A property may not be exempted under Subsection (b)(2)
2-48     for more than three years.
2-49           (i)  For purposes of Subsection (b)(2), an incomplete
2-50     improvement is under physical preparation if the charitable
2-51     organization has:
2-52                 (1)  engaged in architectural or engineering work, soil
2-53     testing, land clearing activities, or site improvement work
2-54     necessary for the construction of the improvement; or
2-55                 (2)  conducted an environmental or land use study
2-56     relating to the construction of the improvement.
2-57           (j)  An exemption under this section expires at the end of
2-58     the fifth tax year after the year in which the exemption is
2-59     granted.  To continue to receive an exemption under this section
2-60     after that year, the organization must obtain a new determination
2-61     letter and reapply for the exemption.
2-62           SECTION 2.  Subsection (b), Section 11.43, Tax Code, is
2-63     amended to read as follows:
2-64           (b)  Except as provided by Subsection (c) and by Sections
2-65     11.184 and [Section] 11.436, a person required to apply for an
2-66     exemption must apply each year the person claims entitlement to the
2-67     exemption.
2-68           SECTION 3.  (a)  This Act takes effect September 1, 2001.
2-69           (b)  An organization may not receive an exemption under
 3-1     Section 11.184, Tax Code, as added by this Act, before the tax year
 3-2     that begins January 1, 2002.
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