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A BILL TO BE ENTITLED
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AN ACT
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relating to the ad valorem taxation of property used to provide |
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low-income or moderate-income housing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.182(a), Tax Code, is amended by |
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amending Subdivision (2) and adding Subdivisions (3) and (4) to |
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read as follows: |
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(2) "Community housing development organization" has |
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the meaning assigned by 24 C.F.R. Section 92.2, except that the |
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term also includes an organization that otherwise qualifies as a |
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community housing development organization under that section but |
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that: |
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(A) does not receive HOME funds as defined by |
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that section; or |
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(B) is governed by a board all of the members of |
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which are appointed by a state or local government [42 U.S.C.
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Section 12704]. |
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(3) "Control" includes: |
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(A) with respect to a limited partnership, the |
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control, directly or through a wholly controlled subsidiary, of 100 |
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percent of the general partner interest; and |
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(B) with respect to a limited liability company, |
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serving as the sole manager or managing member of the company. |
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(4) "Department" means the Texas Department of Housing |
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and Community Affairs or its successor agency. |
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SECTION 2. Section 11.182, Tax Code, is amended by adding |
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Subsections (a-1), (b-1), (b-2), (j-1), (l), (m), (n), (o), (p), |
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(q), (r), and (s) and amending Subsections (e), (g), (h), (i), and |
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(k) to read as follows: |
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(a-1) An organization is considered to own property for |
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purposes of this section and the provisions of Section 2, Article |
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VIII, Texas Constitution, authorizing the legislature by general |
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law to exempt from taxation property owned by an institution |
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engaged primarily in public charitable functions, if the |
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organization has legal or equitable title to the property. By way |
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of example, an organization has equitable title to property if it |
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has a present right to compel legal title to the property to be |
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conveyed to it in accordance with law, such as by means of an option |
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to acquire the property. For purposes of eligibility for an |
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exemption under this section, property owned by a tax credit |
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partnership or limited liability company is considered to be owned |
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by a community housing development organization if the general |
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partner of the tax credit partnership or the manager of the limited |
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liability company is, or is controlled by, the community housing |
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development organization and the community housing development |
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organization holds equitable title to the property pursuant to an |
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option to acquire the property on terms negotiated between the |
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parties. |
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(b-1) Notwithstanding Subsection (b), if the legal owner of |
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property is not an organization described by that subsection, the |
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legal owner is entitled to an exemption from taxation of property |
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under this section if the property otherwise qualifies for the |
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exemption and the legal owner is: |
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(1) an entity 100 percent of the interest in which is |
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owned by an organization that meets the requirements of Subsection |
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(b); or |
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(2) an entity controlled by an organization that meets |
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the requirements of Subsection (b). |
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(b-2) A reference in this section to an organization |
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includes an entity described by Subsection (b-1)(1) or (2). |
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(e) In addition to meeting the other applicable |
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requirements of this section [Subsections (b) and (c)], to receive |
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an exemption under Subsection (b) for improved real property that |
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includes a housing project constructed after December 31, 2001, and |
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financed with qualified 501(c)(3) bonds issued under Section 145 of |
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the Internal Revenue Code of 1986, tax-exempt private activity |
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bonds subject to volume cap, or low-income housing tax credits, the |
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organization must: |
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(1) [control 100 percent of the interest in the
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general partner if the project is owned by a limited partnership;
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[(2)] comply with all rules of and laws administered by |
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the department [Texas Department of Housing and Community Affairs] |
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applicable to community housing development organizations; and |
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(2) [(3)] submit annually to the department, if the |
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property is a multifamily rental property consisting of more than |
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four dwelling units, or to the chief appraiser of the appraisal |
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district in which the property subject to the exemption is located, |
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if the property is not such a property, [Texas Department of Housing
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and Community Affairs and to the governing body of each taxing unit
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for which the project receives an exemption for the housing
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project] evidence demonstrating that the organization spent an |
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amount equal to at least 90 percent of the project's cash flow in |
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the preceding fiscal year as determined by the audit required by |
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Subsection (g), for eligible persons in the county in which the |
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property is located, on social, educational, or economic |
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development services, capital improvement projects, or rent |
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reduction. |
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(g) To receive an exemption under Subsection (b) or (f), an |
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organization must annually have an audit prepared by an independent |
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auditor. The audit must include a detailed report on the |
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organization's sources and uses of funds. A copy of the audit must |
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be delivered to the department, if the property is a multifamily |
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rental property consisting of more than four dwelling units, or |
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[Texas Department of Housing and Community Affairs and] to the |
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chief appraiser of the appraisal district in which the property |
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subject to the exemption is located, if the property is not such a |
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multifamily rental property. |
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(h) Subsections (d) and (e)(2) [(e)(3)] do not apply to |
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property owned by an organization if: |
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(1) the entity that provided the financing for the |
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acquisition or construction of the property: |
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(A) requires the organization to make payments in |
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lieu of taxes to the school district in which the property is |
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located; or |
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(B) restricts the amount of rent the organization |
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may charge for dwelling units on the property; or |
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(2) the organization has entered into an agreement |
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with each taxing unit for which the property receives an exemption |
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to spend in each tax year for the purposes provided by Subsection |
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(d) or (e)(2) [(e)(3)] an amount equal to the total amount of taxes |
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imposed on the property in the tax year preceding the year in which |
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the organization acquired the property. |
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(i) If any property owned by an organization receiving an |
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exemption under this section has been acquired or sold during the |
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preceding year, the [such] organization shall file by March 31 of |
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the following year with the department, for multifamily rental |
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properties consisting of more than four dwelling units, or with the |
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chief appraiser in the county in which the relevant properties are |
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[property is] located, for properties that are not such multifamily |
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rental properties, on a form promulgated by the comptroller of |
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public accounts, a list of such properties acquired or sold during |
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the preceding year. |
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(j-1) Notwithstanding Subsection (j), an organization may |
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not receive an exemption under Subsection (b) or (f) for property |
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for the 2012 tax year or a subsequent tax year if: |
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(1) the organization did not claim an exemption under |
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Subsection (b) or (f) for the property for the 2010 tax year; or |
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(2) the organization claimed an exemption under |
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Subsection (b) or (f) for the property for the 2010 tax year and the |
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organization is finally determined to be ineligible for the |
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exemption for the property for that tax year. |
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(k) Notwithstanding Subsection (j) of this section and |
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Sections 11.43(a) and (c), an exemption under Subsection (b) or (f) |
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does not terminate because of a change in the ownership of the |
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property if the property is sold at a foreclosure sale and, not |
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later than the 30th day after the date of the sale, the owner of the |
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property submits to the department, if the property is a |
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multifamily rental property consisting of more than four dwelling |
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units, or the chief appraiser, if the property is not such a |
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multifamily rental property, evidence that the property is owned by |
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an organization that meets the requirements of Subsections (b)(1), |
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(2), and (4). If the owner of the property submits the evidence |
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required by this subsection, the exemption continues to apply to |
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the property for the remainder of the current tax year and for |
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subsequent tax years until the owner ceases to qualify the property |
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for the exemption. This subsection does not prohibit the chief |
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appraiser or the department, as applicable, from requiring the |
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owner to file a new application to confirm the owner's current |
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qualification for the exemption as provided by Section 11.43(c). |
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(l) This subsection applies only to a multifamily rental |
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property consisting of more than four dwelling units. If the chief |
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appraiser of the appraisal district in which the property is |
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located cancels the exemption or requires the organization that |
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owns the property to file a new application to confirm the |
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organization's current qualification for the exemption, the |
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organization must file a new application for the exemption with the |
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department. The provisions of this code governing the filing of an |
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application under Section 11.43, action on the application, and the |
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effect of the granting of the application by a chief appraiser apply |
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to an application filed with the department under this subsection, |
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except as otherwise provided by this section. |
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(m) The department shall prescribe the contents of the |
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exemption application form for purposes of Subsection (l). The |
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provisions of Section 11.43 governing the contents of an |
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application form prescribed by the comptroller apply to an |
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exemption application form prescribed by the department to the |
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extent those provisions may be made applicable. |
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(n) Not later than the 60th day after the date an |
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organization submits a complete application to the department under |
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Subsection (l), the executive director of the department shall |
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determine whether the organization is entitled to an exemption for |
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the property under Subsection (b) or (f). In making a |
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determination, the executive director may rely on the conclusions |
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in any audit or legal opinion provided to the department or any |
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determination letter issued by the United States Internal Revenue |
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Service regarding the organization's status under Section 501, |
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Internal Revenue Code of 1986. |
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(o) The executive director may request that an organization |
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that files an application under Subsection (l) provide additional |
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information. If the executive director makes such a request, the |
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application is considered to be complete for purposes of Subsection |
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(n) on the date on which all additional information requested by the |
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executive director has been received by the department. |
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(p) Not later than the fifth day after the date the |
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executive director makes a determination under Subsection (n), the |
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executive director shall issue a letter to the applicant |
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organization stating the executive director's determination. If |
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the executive director determines that the organization is not |
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entitled to an exemption for the property under Subsection (b) or |
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(f), the letter must include the reasons for the determination and a |
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description of the procedure for appealing the determination. The |
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executive director shall send a copy of the letter by regular mail |
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to the chief appraiser of each appraisal district that appraises |
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the property. If the executive director determines that the |
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organization is entitled to an exemption for the property under |
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Subsection (b) or (f), the chief appraiser shall grant the |
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exemption. If the executive director determines that the |
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organization is not entitled to an exemption for the property under |
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Subsection (b) or (f), the chief appraiser shall deny the |
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exemption. |
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(q) The applicant organization or a taxing unit in which the |
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property to which the application applies is located may appeal the |
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executive director's determination under Subsection (p) to the |
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governing board of the department in the manner provided by |
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department rule. The organization may be represented in an appeal |
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by an agent in accordance with Section 1.111. The organization or |
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taxing unit may appeal under Chapter 42 a final determination by the |
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governing board of the department in the same manner as provided by |
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law for the appeal of a determination by an appraisal review board, |
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except that the petition for review must be brought against the |
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department rather than the appraisal district. |
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(r) The department shall employ sufficient personnel to |
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process any applications received under Subsection (l) and may |
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charge an organization filing an application a reasonable fee not |
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to exceed the lesser of: |
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(1) $2,500; or |
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(2) the direct and indirect administrative costs of |
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processing the application and issuing a determination under |
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Subsection (n). |
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(s) The department shall adopt rules to implement its duties |
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under this section. The rules must: |
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(1) establish procedures for considering exemption |
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applications; and |
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(2) be sufficiently specific to ensure that |
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determinations are equal and uniform. |
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SECTION 3. Section 11.1825, Tax Code, is amended by |
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amending Subsections (a), (c), (d), (i), (j), (l), (s), (t), (u), |
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(v), and (y) and adding Subsections (a-1), (a-2), (e-1), (z), (aa), |
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(bb), (cc), (dd), (ee), (ff), and (gg) to read as follows: |
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(a) In this section: |
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(1) "Control" includes: |
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(A) with respect to a limited partnership, the |
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control, directly or through a wholly controlled subsidiary, of 100 |
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percent of the general partner interest; and |
|
(B) with respect to a limited liability company, |
|
serving as the sole manager or managing member of the company. |
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(2) "Department" means the Texas Department of Housing |
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and Community Affairs or its successor agency. |
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(a-1) An organization is considered to own property for |
|
purposes of this section and the provisions of Section 2, Article |
|
VIII, Texas Constitution, authorizing the legislature by general |
|
law to exempt from taxation property owned by an institution |
|
engaged primarily in public charitable functions, if the |
|
organization has legal or equitable title to the property. By way |
|
of example, an organization has equitable title to property if it |
|
has a present right to compel legal title to the property to be |
|
conveyed to it in accordance with law, such as by means of an option |
|
to acquire the property. For purposes of eligibility for an |
|
exemption under this section, property owned by a tax credit |
|
partnership or limited liability company is considered to be owned |
|
by an organization if the general partner of the tax credit |
|
partnership or the manager of the limited liability company is, or |
|
is controlled by, the organization and the organization holds |
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equitable title to the property pursuant to an option to acquire the |
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property on terms negotiated between the parties. |
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(a-2) An organization is entitled to an exemption from |
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taxation of real property owned by the organization that the |
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organization constructs or rehabilitates and uses to provide |
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housing to individuals or families meeting the income eligibility |
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requirements of this section. |
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(c) Notwithstanding Subsection (b), if the legal [an] owner |
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of real property [that] is not an organization described by that |
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subsection, the legal owner is entitled to an exemption from |
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taxation of property under this section if the property otherwise |
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qualifies for the exemption and the legal owner is: |
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(1) an entity 100 percent of the interest in which is |
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owned by [a limited partnership of which] an organization that |
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meets the requirements of Subsection (b) [controls 100 percent of
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the general partner interest]; or |
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(2) an entity controlled by [the parent of which is] an |
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organization that meets the requirements of Subsection (b). |
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(d) If the legal owner of the property is an entity |
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described by Subsection (c)[, the entity must]: |
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(1) the legal owner must be organized under the laws of |
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this state[;] and |
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[(2)] have its principal place of business in this |
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state; and |
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(2) the organization that owns 100 percent of the |
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interest in or controls the legal owner as described by Subsection |
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(c) must have equitable title to the property. |
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(e-1) An application for an exemption under this section for |
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a multifamily rental housing project consisting of more than four |
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dwelling units may be filed with the chief appraiser or the |
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department, except that if the legal owner of the property is an |
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entity described by Subsection (c)(2), the application must be |
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filed with the department. |
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(i) Property owned for the purpose of constructing or |
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rehabilitating a housing project on the property is exempt under |
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this section only if: |
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(1) the property is used to provide housing to |
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individuals or families described by Subsection (f) and the housing |
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project was under active construction or rehabilitation at the time |
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the organization initially filed an application for the exemption; |
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or |
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(2) the housing project is under active construction |
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or rehabilitation or other physical preparation. |
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(j) For purposes of Subsection (i)(2), a housing project is |
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under physical preparation if the organization has engaged in |
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architectural or engineering work, soil testing, land clearing |
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activities, or site improvement work necessary for the construction |
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or rehabilitation of the project or has conducted an environmental |
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or land use study relating to the construction or rehabilitation of |
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the project. |
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(l) If the property is owned for the purpose of |
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rehabilitating a housing project on the property: |
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(1) the original construction of the housing project |
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must have been completed at least 10 years before the date the |
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organization began actual rehabilitation of the project; |
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(2) the person from whom the organization acquired the |
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project must have owned the project for at least five years, if the |
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organization is not the original owner of the project, unless the |
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organization acquired the project from a person that acquired the |
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project by foreclosing on the project or receiving a deed or other |
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instrument in lieu of foreclosure that conveyed the project to the |
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person; |
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(3) the organization must provide to the department or |
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the chief appraiser, as applicable, and, if the project was |
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financed with bonds, the issuer of the bonds a written statement |
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prepared by a certified public accountant stating that the |
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organization has spent on rehabilitation costs at least the greater |
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of $5,000 or the amount required by the financial lender for each |
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dwelling unit in the project; and |
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(4) the organization must maintain a reserve fund for |
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replacements: |
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(A) in the amount required by the financial |
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lender; or |
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(B) if the financial lender does not require a |
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reserve fund for replacements, in an amount equal to $300 per unit |
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per year. |
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(s) Unless otherwise provided by the governing body of a |
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taxing unit any part of which is located in a county with a |
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population of at least 1.8 [1.4] million under Subsection (x), for |
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property described by Subsection (f)(1), the amount of the |
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exemption under this section from taxation is 50 percent of the |
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appraised value of the property. |
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(t) Notwithstanding Section 11.43(c), an exemption under |
|
this section does not terminate because of a change in ownership of |
|
the property if: |
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(1) the property is foreclosed on for any reason and, |
|
not later than the 30th day after the date of the foreclosure sale, |
|
the owner of the property submits to the department or the chief |
|
appraiser, as applicable, evidence that the property is owned by: |
|
(A) an organization that meets the requirements |
|
of Subsection (b); or |
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(B) an entity that meets the requirements of |
|
Subsections (c) and (d); or |
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(2) in the case of property owned by an entity |
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described by Subsections (c) and (d), the organization meeting the |
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requirements of Subsection (b) that owns 100 percent of the |
|
interest in or controls the [general partner interest of or is the
|
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parent of the] entity as described by Subsection (c) ceases to serve |
|
in that capacity and, not later than the 30th day after the date the |
|
cessation occurs, the owner of the property submits evidence to the |
|
department or the chief appraiser, as applicable, that the |
|
organization has been succeeded in that capacity by another |
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organization that meets the requirements of Subsection (b). |
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(u) The department or the chief appraiser, as applicable, |
|
may extend the deadline provided by Subsection (t)(1) or (2), as |
|
applicable, for good cause shown. |
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(v) Notwithstanding any other provision of this section, an |
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organization may not receive an exemption from taxation of property |
|
described by Subsection (f)(1) by a taxing unit any part of which is |
|
located in a county with a population of at least 1.8 [1.4] million |
|
unless the exemption is approved by the governing body of the taxing |
|
unit in the manner provided by law for official action. |
|
(y) Not later than the fifth day after the date the |
|
governing body of the taxing unit takes action under Subsection |
|
(x), the taxing unit shall issue a letter to the organization |
|
stating the governing body's action and, if the governing body |
|
denied the exemption, stating whether the denial was based on a |
|
determination under Subsection (x)(3)(A) or (B) and the basis for |
|
the determination. The taxing unit shall send a copy of the letter |
|
by regular mail to the chief appraiser of each appraisal district |
|
that appraises the property for the taxing unit and to the |
|
department, if applicable. The governing body may charge the |
|
organization a fee not to exceed the administrative costs of |
|
processing the request of the organization, approving or denying |
|
the exemption, and issuing the letter required by this subsection. |
|
If the chief appraiser or the department, as applicable, determines |
|
that the property qualifies for an exemption under this section and |
|
the governing body of the taxing unit approves the exemption, the |
|
chief appraiser or the department, as applicable, shall grant the |
|
exemption in the amount approved by the governing body. |
|
(z) This subsection applies only to an application for an |
|
exemption under this section filed with the department as |
|
authorized or required by Subsection (e-1). The provisions of this |
|
code governing the filing of an application under Section 11.43, |
|
action on the application, and the effect of the granting of the |
|
application by a chief appraiser apply to an application filed with |
|
the department, except as otherwise provided by this section. |
|
(aa) The department shall prescribe the contents of the |
|
exemption application form for purposes of Subsection (z). The |
|
provisions of Section 11.43 governing the contents of an |
|
application form prescribed by the comptroller apply to an |
|
exemption application form prescribed by the department to the |
|
extent those provisions may be made applicable. |
|
(bb) Not later than the 60th day after the date an |
|
organization submits a complete application to the department under |
|
Subsection (z), the executive director of the department shall |
|
determine whether the organization is entitled to an exemption for |
|
the property under this section. In making a determination, the |
|
executive director may rely on the conclusions in any audit or legal |
|
opinion provided to the department or any determination letter |
|
issued by the United States Internal Revenue Service regarding the |
|
organization's status under Section 501, Internal Revenue Code of |
|
1986. |
|
(cc) The executive director may request that an |
|
organization that files an application under Subsection (z) provide |
|
additional information. If the executive director makes such a |
|
request, the application is considered to be complete for purposes |
|
of Subsection (bb) on the date on which all additional information |
|
requested by the executive director has been received by the |
|
department. |
|
(dd) Not later than the fifth day after the date the |
|
executive director makes a determination under Subsection (bb), the |
|
executive director shall issue a letter to the applicant |
|
organization stating the executive director's determination. If |
|
the executive director determines that the organization is not |
|
entitled to an exemption for the property under this section, the |
|
letter must include the reasons for the determination and a |
|
description of the procedure for appealing the determination. The |
|
executive director shall send a copy of the letter by regular mail |
|
to the chief appraiser of each appraisal district that appraises |
|
the property. If the executive director determines that the |
|
organization is entitled to an exemption for the property under |
|
this section, the chief appraiser shall grant the exemption. If the |
|
executive director determines that the organization is not entitled |
|
to an exemption for the property under this section, the chief |
|
appraiser shall deny the exemption. |
|
(ee) The applicant organization or a taxing unit in which |
|
the property to which the application applies is located may appeal |
|
the executive director's determination under Subsection (dd) to the |
|
governing board of the department in the manner provided by |
|
department rule. The organization may be represented in an appeal |
|
by an agent in accordance with Section 1.111. The organization or |
|
taxing unit may appeal under Chapter 42 a final determination by the |
|
governing board of the department in the same manner as provided by |
|
law for the appeal of a determination by an appraisal review board. |
|
(ff) The department shall employ sufficient personnel to |
|
process any applications received by the department under |
|
Subsection (e-1) and may charge an organization filing an |
|
application a reasonable fee not to exceed the lesser of: |
|
(1) $2,500; or |
|
(2) the direct and indirect administrative costs of |
|
processing the application and issuing a determination under |
|
Subsection (bb). |
|
(gg) The department shall adopt rules to implement its |
|
duties under this section. The rules must: |
|
(1) establish procedures for issuing preliminary |
|
determination letters and considering applications for exemptions; |
|
and |
|
(2) be sufficiently specific to ensure that |
|
determinations are equal and uniform. |
|
SECTION 4. Section 11.1826, Tax Code, is amended by |
|
amending Subsections (c) and (d) and adding Subsection (e-1) to |
|
read as follows: |
|
(c) Not later than the 180th day after the last day of the |
|
organization's most recent fiscal year, the organization must |
|
deliver a copy of the audit to the department or [and] the chief |
|
appraiser of the appraisal district in which the property is |
|
located, whichever determines whether the property qualifies in the |
|
current tax year for the exemption for which the audit is conducted. |
|
(d) Notwithstanding any other provision of this section, if |
|
the property contains not more than 36 dwelling units, the |
|
organization may deliver to the department or [and] the chief |
|
appraiser, as applicable, a detailed report and certification as an |
|
alternative to an audit. |
|
(e-1) If an application for an exemption under Section |
|
11.182 or 11.1825 has been filed with the department, the executive |
|
director of the department shall monitor eligibility for the |
|
exemption. If the executive director learns of any reason |
|
indicating that an exemption previously allowed should be canceled, |
|
the executive director shall investigate. If the executive |
|
director determines that the property is not eligible for the |
|
exemption, the executive director shall notify the chief appraiser |
|
and the chief appraiser shall cancel the exemption and deliver |
|
written notice of the cancellation within five days after the date |
|
the chief appraiser makes the cancellation. If the executive |
|
director discovers that an exemption has been erroneously allowed |
|
by the department in any one of the five preceding years, the |
|
executive director shall notify the chief appraiser and the chief |
|
appraiser shall add the property or appraised value that was |
|
erroneously exempted for each year to the appraisal roll as |
|
provided by Section 25.21 for other property that escapes taxation. |
|
If an exemption that was erroneously allowed did not apply to all |
|
taxing units in which the property was located, the chief appraiser |
|
shall note on the appraisal records, for each prior year, the taxing |
|
units to which the exemption applied and that are entitled to impose |
|
taxes on the property or appraised value that escaped taxation. |
|
SECTION 5. Section 303.042, Local Government Code, is |
|
amended by adding Subsections (f), (g), (h), (i), (j), and (k) to |
|
read as follows: |
|
(f) A corporation that owns multifamily rental property |
|
used to provide housing for low-income individuals or families is |
|
engaged exclusively in the performance of governmental functions, |
|
and the corporation and the property are exempt from taxation by |
|
this state or a municipality or other political subdivision of this |
|
state. |
|
(g) Notwithstanding Subsection (f), if the legal owner of |
|
property described by that subsection is not a corporation, the |
|
legal owner is entitled to an exemption from taxation of the |
|
property under this section if the property otherwise qualifies for |
|
the exemption and the legal owner is: |
|
(1) an entity 100 percent of the interest in which is |
|
owned by a corporation; or |
|
(2) an entity controlled by a corporation. |
|
(h) If the legal owner of property described by Subsection |
|
(f) is an entity described by Subsection (g)(1) or (2): |
|
(1) the legal owner must be organized under the laws of |
|
this state and have its principal place of business in this state; |
|
and |
|
(2) the corporation that owns 100 percent of the |
|
interest in or exclusively controls the legal owner as described by |
|
Subsection (g) must have equitable title to the property. |
|
(i) A person is considered to own property described by |
|
Subsection (f) for purposes of this section and the provisions of |
|
Section 2, Article VIII, Texas Constitution, authorizing the |
|
legislature by general law to exempt from taxation public property |
|
used for public purposes, if the person has legal or equitable title |
|
to the property. By way of example, a person has equitable title to |
|
property described by Subsection (f) if the person has a present |
|
right to compel legal title to the property to be conveyed to the |
|
person in accordance with law, such as by means of an option to |
|
acquire the property. For purposes of eligibility of property |
|
described by Subsection (f) for an exemption under this section, |
|
property owned by a tax credit partnership or limited liability |
|
company is considered to be owned by a corporation if the general |
|
partner of the tax credit partnership or the manager of the limited |
|
liability company is, or is controlled by, the corporation and the |
|
corporation holds equitable title to the property pursuant to an |
|
option to acquire the property on terms negotiated between the |
|
parties. |
|
(j) For purposes of Subsections (g), (h), and (i), "control" |
|
means having the power to manage, direct, superintend, restrict, |
|
regulate, govern, administer, or oversee. For purposes of those |
|
subsections, "control" includes: |
|
(1) with respect to a limited partnership, the |
|
control, directly or through a wholly controlled subsidiary, of 100 |
|
percent of the general partner interest; and |
|
(2) with respect to a limited liability company, |
|
serving as the sole manager or managing member of the company. |
|
(k) A corporation or other person claiming an exemption |
|
under this section for property described by Subsection (f) may |
|
file an application for the exemption with the chief appraiser of |
|
the appraisal district in which the property is located or the Texas |
|
Department of Housing and Community Affairs or its successor |
|
agency. Sections 11.1825(z)-(gg), Tax Code, apply to an |
|
application filed under this subsection with the Texas Department |
|
of Housing and Community Affairs or its successor agency to the |
|
extent those provisions can be made applicable. |
|
SECTION 6. (a) Except as provided by Subsection (b) of this |
|
section, this Act applies only to ad valorem taxes imposed for a tax |
|
year beginning on or after the effective date of this Act. |
|
(b) This Act applies to ad valorem taxes imposed on property |
|
for a tax year beginning before the effective date of this Act if on |
|
the effective date of this Act the property is the subject of a |
|
protest under Chapter 41, Tax Code, or an appeal under Chapter 42 of |
|
that code, the protest or appeal relates to the exemption of the |
|
property under Section 11.182 or 11.1825, Tax Code, or under |
|
Section 303.042, Local Government Code, the protest or appeal is |
|
pending on the effective date, and before the protest or appeal is |
|
finally determined the owner of the property notifies the appraisal |
|
review board or court in which the protest or appeal is pending that |
|
the owner elects to have this Act apply to the determination of the |
|
protest or appeal. |
|
(c) If a property owner elects to have this Act apply to the |
|
determination of a protest or appeal regarding ad valorem taxes |
|
imposed on the property for a tax year beginning before the |
|
effective date of this Act as authorized by Subsection (b) of this |
|
section and the owner has paid all or part of the taxes imposed on |
|
the property for that tax year, the owner is not entitled to a |
|
refund of the amount of taxes paid if the property is finally |
|
determined to have been eligible for the exemption for that tax |
|
year. |
|
SECTION 7. This Act takes effect January 1, 2012. |