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A BILL TO BE ENTITLED
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AN ACT
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relating to urban land bank demonstration programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.1875, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.1875. EXCLUSION OF CERTAIN POTENTIALLY |
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RESPONSIBLE PARTIES. (a) The commission may not name a person as a |
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responsible party for an enforcement action or require a person to |
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reimburse remediation costs for a site if the commission has |
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conducted an investigation of a site owned or operated by the person |
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and as a result of the investigation has determined that: |
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(1) the contaminants that are the subject of |
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investigation under this subchapter appear to originate from an |
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up-gradient, off-site source that is not owned or operated by the |
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person; |
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(2) additional corrective action is not required at |
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the site owned or operated by the person; and |
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(3) the commission will not undertake a formal |
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enforcement action in the matter. |
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(b) The commission may not name a land bank established |
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under Chapter 379C, Local Government Code, as a responsible party |
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for an enforcement action or require the land bank to reimburse |
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remediation costs for a site if the commission has conducted an |
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investigation of a site owned or operated by the land bank and as a |
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result of the investigation has determined that: |
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(1) the contaminants that are the subject of |
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investigation under this subchapter: |
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(A) appear to originate from an up-gradient, |
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off-site source that is not owned or operated by the land bank; or |
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(B) appear to have been present on the site |
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before the land bank purchased the site; and |
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(2) the land bank could not have reasonably known |
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about the contaminants at the time the land bank purchased the site. |
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SECTION 2. Section 361.271(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A political subdivision, a land bank established under |
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Chapter 379C, Local Government Code, or an officer or employee of |
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the political subdivision or land bank is not a person responsible |
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for solid waste released or threatened to be released from a |
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facility or at a site if: |
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(1) the political subdivision or land bank acquired |
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ownership or control of the facility or site through a |
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[bankruptcy,] tax delinquency[, abandonment,] or if the |
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subdivision acquired ownership or control of the facility or site |
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through bankruptcy, abandonment, or other circumstances in which |
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the subdivision involuntarily acquired title to the facility or |
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site by virtue of the subdivision's function as sovereign; and |
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(2) the political subdivision, land bank, officer, or |
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employee did not cause or contribute to the release or threatened |
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release of solid waste at the facility or site. |
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SECTION 3. Section 379C.003(3), Local Government Code, is |
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amended to read as follows: |
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(3) "Low income household" means a household with a |
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gross income of not greater than 115 [80] percent of the area median |
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family income, adjusted for household size, for the metropolitan |
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statistical area in which the municipality is located, as |
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determined annually by the United States Department of Housing and |
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Urban Development. |
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SECTION 4. Section 379C.008(a), Local Government Code, is |
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amended to read as follows: |
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(a) Notwithstanding any other law and except as provided by |
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Subsection (f), property that is ordered sold pursuant to |
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foreclosure of a tax lien may be sold in a private sale to a land |
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bank by the officer charged with the sale of the property without |
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first offering the property for sale as otherwise provided by |
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Section 34.01, Tax Code, if: |
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(1) the market value of the property as specified in |
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the judgment of foreclosure is less than the total amount due under |
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the judgment, including all taxes, penalties, and interest, plus |
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the value of nontax liens held by a taxing unit and awarded by the |
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judgment, court costs, and the cost of the sale; |
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(2) the property is not improved with: |
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(A) a habitable building or buildings; or |
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(B) an uninhabitable building or buildings that |
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are occupied as a residence by an owner or tenant who is legally |
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entitled to occupy the building or buildings; |
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(3) there are delinquent taxes on the property for a |
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total of at least five [each of the preceding six] years; and |
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(4) the municipality has executed with the other |
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taxing units that are parties to the tax suit an interlocal |
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agreement that enables those units to agree to participate in the |
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program while retaining the right to withhold consent to the sale of |
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specific properties to the land bank. |
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SECTION 5. Section 379C.010(b), Local Government Code, is |
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amended to read as follows: |
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(b) Each land bank property sold during any given fiscal |
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year to be developed for sale must be deed restricted for sale to |
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low income households, and: |
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(1) at [At] least 20 [25] percent of those [the] land |
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bank properties must [sold during any given fiscal year to be
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developed for sale shall] be deed restricted for sale to households |
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with gross household incomes not greater than 60 percent of the area |
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median family income, adjusted for household size; and |
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(2) not more than 30 percent of those land bank |
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properties may be deed restricted for sale to households with gross |
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household incomes greater than 80 percent of the area median family |
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income, adjusted for household size [, for the metropolitan
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statistical area in which the municipality is located, as
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determined annually by the United States Department of Housing and
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Urban Development]. |
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SECTION 6. Section 379C.011(d), Local Government Code, is |
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amended to read as follows: |
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(d) The municipality shall specify in its plan that the |
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period during which the right of first refusal provided by this |
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section may be exercised by a qualified organization is six [. That
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period must be at least nine months but not more than 26] months |
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from the date of the deed of conveyance of the property to the land |
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bank. |
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SECTION 7. Section 11.18, Tax Code, is amended by amending |
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Subsection (d) and adding Subsection (o) to read as follows: |
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(d) A charitable organization must be organized exclusively |
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to perform religious, charitable, scientific, literary, or |
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educational purposes and, except as permitted by Subsections (h) |
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and (l), engage exclusively in performing one or more of the |
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following charitable functions: |
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(1) providing medical care without regard to the |
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beneficiaries' ability to pay, which in the case of a nonprofit |
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hospital or hospital system means providing charity care and |
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community benefits in accordance with Section 11.1801; |
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(2) providing support or relief to orphans, |
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delinquent, dependent, or handicapped children in need of |
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residential care, abused or battered spouses or children in need of |
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temporary shelter, the impoverished, or victims of natural disaster |
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without regard to the beneficiaries' ability to pay; |
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(3) providing support to elderly persons, including |
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the provision of recreational or social activities and facilities |
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designed to address the special needs of elderly persons, or to the |
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handicapped, without regard to the beneficiaries' ability to pay; |
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(4) preserving a historical landmark or site; |
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(5) promoting or operating a museum, zoo, library, |
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theater of the dramatic or performing arts, or symphony orchestra |
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or choir; |
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(6) promoting or providing humane treatment of |
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animals; |
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(7) acquiring, storing, transporting, selling, or |
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distributing water for public use; |
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(8) answering fire alarms and extinguishing fires with |
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no compensation or only nominal compensation to the members of the |
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organization; |
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(9) promoting the athletic development of boys or |
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girls under the age of 18 years; |
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(10) preserving or conserving wildlife; |
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(11) promoting educational development through loans |
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or scholarships to students; |
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(12) providing halfway house services pursuant to a |
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certification as a halfway house by the pardons and paroles |
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division of the Texas Department of Criminal Justice; |
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(13) providing permanent housing and related social, |
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health care, and educational facilities for persons who are 62 |
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years of age or older without regard to the residents' ability to |
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pay; |
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(14) promoting or operating an art gallery, museum, or |
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collection, in a permanent location or on tour, that is open to the |
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public; |
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(15) providing for the organized solicitation and |
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collection for distributions through gifts, grants, and agreements |
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to nonprofit charitable, education, religious, and youth |
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organizations that provide direct human, health, and welfare |
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services; |
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(16) performing biomedical or scientific research or |
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biomedical or scientific education for the benefit of the public; |
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(17) operating a television station that produces or |
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broadcasts educational, cultural, or other public interest |
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programming and that receives grants from the Corporation for |
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Public Broadcasting under 47 U.S.C. Section 396, as amended; |
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(18) providing housing for low-income and |
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moderate-income families, for unmarried individuals 62 years of age |
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or older, for handicapped individuals, and for families displaced |
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by urban renewal, through the use of trust assets that are |
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irrevocably and, pursuant to a contract entered into before |
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December 31, 1972, contractually dedicated on the sale or |
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disposition of the housing to a charitable organization that |
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performs charitable functions described by Subdivision (9); |
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(19) providing housing and related services to persons |
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who are 62 years of age or older in a retirement community, if the |
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retirement community provides independent living services, |
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assisted living services, and nursing services to its residents on |
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a single campus: |
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(A) without regard to the residents' ability to |
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pay; or |
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(B) in which at least four percent of the |
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retirement community's combined net resident revenue is provided in |
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charitable care to its residents; [or] |
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(20) providing housing on a cooperative basis to |
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students of an institution of higher education if: |
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(A) the organization is exempt from federal |
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income taxation under Section 501(a), Internal Revenue Code of |
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1986, as amended, by being listed as an exempt entity under Section |
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501(c)(3) of that code; |
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(B) membership in the organization is open to all |
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students enrolled in the institution and is not limited to those |
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chosen by current members of the organization; |
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(C) the organization is governed by its members; |
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and |
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(D) the members of the organization share the |
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responsibility for managing the housing; or |
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(21) acquiring, holding, and transferring unimproved |
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real property under an urban land bank demonstration program |
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established under Chapter 379C, Local Government Code, as or on |
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behalf of a land bank. |
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(o) For purposes of Subsection (a)(2), real property |
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acquired, held, and transferred by an organization that performs |
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the function described by Subsection (d)(21) is considered to be |
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used exclusively by the qualified charitable organization to |
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perform that function. |
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SECTION 8. (a) Section 361.1875, Health and Safety Code, as |
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amended by this Act, applies only to a site investigation conducted |
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by the Texas Commission on Environmental Quality that begins on or |
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after the effective date of this Act. A site investigation that |
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begins before the effective date of this Act is governed by the law |
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in effect at the time the investigation began, and the former law is |
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continued in effect for that purpose. |
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(b) Section 361.271(b), Health and Safety Code, as amended |
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by this Act, applies only to an enforcement action initiated by the |
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Texas Commission on Environmental Quality on or after the effective |
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date of this Act. An enforcement action initiated before the |
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effective date of this Act is governed by the law in effect at the |
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time the action was initiated, and the former law is continued in |
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effect for that purpose. |
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(c) The changes in law made by this Act to Chapter 379C, |
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Local Government Code, apply only to an urban land bank |
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demonstration program operating in conformance with an urban land |
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bank demonstration plan adopted by the governing body of a |
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municipality on or after the effective date of this Act. An urban |
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land bank demonstration program operating in conformance with an |
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urban land bank demonstration plan adopted before the effective |
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date of this Act is governed by the law in effect at the time the |
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plan was adopted until a subsequent plan is adopted, and the former |
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law is continued in effect for that purpose. |
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(d) Section 11.18, Tax Code, as amended by this Act, applies |
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only to an ad valorem tax year that begins on or after the effective |
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date of this Act. |
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SECTION 9. This Act takes effect September 1, 2007. |