H.B. 1278 78(R)    BILL ANALYSIS


H.B. 1278
By: Zedler
Local Government Ways and Means
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Churches throughout Texas are preparing for future growth by purchasing
property for expansion. However, some local taxing entities are taxing
this undeveloped land that churches own.  HB 1278 would prohibit local
entities from taxing non-revenue generating property owned by religious
organizations. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Amends Section 11.20, Tax Code, by adding land that religious
organizations own for purposes of expansion as exempt from taxation if the
religious organization qualifies other property for an exemption and the
land produces no revenue for the religious organization.  Tracts of land
not contiguous to the land where the religious organization holds its
regular worship may not be exempted for longer than three years.  Permits
that a statement accompanying the application for exemption that the land
is for the relevant purpose is sufficient. 

Amends Chapter 11, Tax Code, by adding Section 11.201 which provides that
if land is sold or otherwise transferred to another person in the same
year an exemption was received, additional taxes equal to those that would
have been imposed in the previous five years in which the land received an
exemption plus interest at the rate of seven percent per year calculated
from when the taxes would have become due be imposed.  For partial
transfers of land the tax applies only to that part which has been
transferred. 

Section 11.201 would also provide for a tax lien to attach to the land on
the date the sale or transfer occurs in favor of all taxing units for
which the tax would have been imposed.  The assessor is directed to
deliver a tax bill for the additional taxes plus interest after a sale or
transfer and the taxes become delinquent if not paid by the following
February 1st at least twenty days after delivery of the bill to the
property owner. 

Additional taxes for sales or transfers do not apply if they occur as the
result of a sale for a right-ofway, a condemnation, or a transfer of
property to the state or a political subdivision to be used for a public
purpose. 

EFFECTIVE DATE

The Act takes effect January 1, 2004 only if a constitutional amendment is
approved by voters.  The Act applies only to a tax year that begins on or
after January 1, 2004. 

EXPLANATION OF AMENDMENTS

Amends proposed Section 11.201(e), Tax Code, to add subdivision (4) which
would exclude a transfer of property to a religious organization that
qualifies the property for an exemption under Section 11.20 for the tax
year in which the transfer occurs to the list of sales or transfers that
are not eligible for sanctions.