By: Talton H.B. No. 1992
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for an exemption from ad valorem taxation
for property owned for the purpose of providing low-income or
moderate-income housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.182, Tax Code, is amended by adding
Subsections (b-1), (b-2), and (h-1) to read as follows:
(b-1) Notwithstanding Subsection (b), an owner of property
is entitled to an exemption from taxation of the property under this
section if the property otherwise qualifies for the exemption and
the owner is a limited partnership of which an organization that
meets the requirements of Subsection (b) controls 100 percent of
the general partner interest.
(b-2) An owner that otherwise qualifies for an exemption
from taxation of property under this section is entitled to the
exemption even if the organization leases the property to a limited
partnership, provided that the organization controls 100 percent of
the general partner interest in the partnership.
(h-1) Notwithstanding any other provision of this section,
an owner is entitled to an exemption from taxation of property under
this section by each taxing unit in which the property is located
if:
(1) before January 1, 2004, the owner entered into an
agreement for the benefit of any taxing unit in which the property
is located to:
(A) make payments in lieu of taxes on the
property to the taxing unit; and
(B) use the property for the purpose described by
Subsection (b)(3) or (f); and
(2) the owner is in compliance with the agreement in
the current tax year, as described by the taxing unit that is a
party to the agreement.
SECTION 2. (a) This Act applies only to taxes imposed for a
tax year beginning on or after January 1, 2002.
(b) This Act applies only to a protest or appeal that is
pending on the effective date of this Act or is filed on or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.