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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption from ad valorem taxation of real property |
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leased to and used by certain schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by |
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adding Section 11.211 to read as follows: |
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Sec. 11.211. REAL PROPERTY LEASED TO CERTAIN SCHOOLS. A |
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person is entitled to an exemption from taxation of the real |
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property that the person owns and leases to a school that is |
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qualified as provided by Section 11.21(d) if: |
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(1) the real property is used exclusively by the |
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school for educational functions; |
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(2) the real property is reasonably necessary for the |
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operation of the school. |
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(3) the owner certifies by affidavit to the school |
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that the lease payments shall be reduced to the extent of the |
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exemption received. |
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(4) the owner discloses to the school the full amount |
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of the benefit derived from the exemption and the method for |
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ensuring that the school receives such benefit. |
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(5) the school receives the full benefit derived from |
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the exemption through either an annual or monthly credit to the |
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charter school's lease payments. |
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SECTION 2. This Act applies only to ad valorem taxes imposed |
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for a tax year beginning on or after the effective date of this Act. |
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SECTION 3. This Act takes effect January 1, 2010, but only |
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if the constitutional amendment authorizing the legislature to |
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exempt from ad valorem taxation real property leased to certain |
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schools organized and operated primarily for the purpose of |
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engaging in educational functions is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |