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.