SRC-TJG C.S.H.B. 1278 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1278
78R17464 RCJ-DBy: Zedler (Janek)
Finance
5/23/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Current law allows cities to regulate the construction, reconstruction,
alteration, or razing of buildings or other structures that have
historical, cultural, or architectural significance.  In recent years,
several instances have arisen in which an attempted church expansion is
hindered by a historic zoning designation granted by a municipality.   In
1997, a dispute between a church in Boerne and the City of Boerne over the
church's alteration resulted in a ruling by the United States Supreme
Court which overturned an Act of Congress on which the church had relied. 

Other religious entities throughout Texas are preparing for future growth
by purchasing land for expansion, and some local taxing entities are
taxing this undeveloped property. 

C.S.H.B. 1278 provides that a property owned by a tax-exempt religious
organization is exempt from municipal regulation as a place of historical,
cultural, or historical significance and is exempt from municipal platting
requirements.  C.S.H.B. 1278 also prohibits local entities from taxing
non-revenue generating property owned by religious organizations. 


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.20, Tax Code, by amending Subsection (a) and
adding Subsection (h) and (i), as follows: 

(a) Provides that an organization that qualifies as a religious
organization as provided by Subsection (c), rather than Subsection (c) of
this section, is entitled to an exemption from taxation on certain
property under certain conditions.  Makes conforming changes. 

(h) Prohibits a tract of land that is contiguous to the tract of land on
which the religious organization's place of regular religious worship is
located from being exempted under Subsection (a)(6) for more than six
years.  Prohibits a tract of land that is not contiguous to the tract of
land on which the religious organization's place of regular religious
worship is located from being exempted under Subsection (a)(6) for more
than three years.  Provides that for purposes of this subsection, a tract
of land is considered to be contiguous with another tract of land if the
tracts are divided only by a road, railroad track, river, or stream. 

(i) Provides that for purposes of Subsection (a)(6), an application or
statement accompanying an application for the exemption stating that the
land is owned for the purposes described by Subsection (a)(6) and signed
by an authorized officer of the organization is sufficient to establish
that the land is owned for those purposes. 

SECTION 2.  Amends Subchapter B, Chapter 11, Tax Code, by adding Section
11.201, as follows: 

 Sec. 11.201.  ADDITIONAL TAX ON SALE OF CERTAIN RELIGIOUS ORGANIZATION
PROPERTY.  (a) Provides that if land is sold or otherwise transferred to
another person in a year in which the land receives an exemption under
Section 11.20(a)(6), an additional tax is imposed on the land equal to the
tax that would have been imposed on the land had the land been taxed for
each of the five years preceding the year in which the sale or transfer
occurs in which the land received an exemption under that subsection, plus
interest at an annual rate of seven percent calculated from the dates on
which the taxes would have become due. 

(b) Provides that a tax lien attaches to the land on the date the sale or
transfer occurs to secure payment of the tax and interest imposed by this
section and any penalties incurred.  Provides that the lien exists in
favor of all taxing units for which the tax is imposed. 

(c) Provides that if only part of a parcel of land that is exempted under
Section 11.20(a)(6) is sold or transferred, the tax applies only to that
part of the parcel and equals the taxes that would have been imposed had
that part been taxed. 

(d) Requires the assessor for each taxing unit to prepare and deliver a
bill for the additional taxes plus interest as soon as practicable after
the sale or transfer occurs.  Provides that the taxes and interest are due
and become delinquent and incur penalties and interest as provided by law
for ad valorem taxes imposed by the taxing unit if not paid before the
next February 1 that is at least 20 days after the date the bill is
delivered to the owner of the land. 

(e) Provides that the sanctions provided by Subsection (a) do not apply if
the sale or transfer occurs as the result of certain actions. 

SECTION 3.  Effective date: January 1, 2004, if a certain constitutional
amendment is passed by voters.  Makes application of this Act prospective.