85R13673 CJC-F
 
  By: Murphy, Frank, Villalba, Wu, Raymond, H.B. No. 382
      et al.
 
  Substitute the following for H.B. No. 382:
 
  By:  Darby C.S.H.B. No. 382
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exemption from ad valorem taxation of real property
  leased to and used by certain schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 11, Tax Code, is amended by
  adding Section 11.211 to read as follows:
         Sec. 11.211.  REAL PROPERTY LEASED TO CERTAIN SCHOOLS. (a)  
  A person is entitled to an exemption from taxation of the portion of
  the real property that the person owns and leases to an
  open-enrollment charter school authorized by Subchapter D, Chapter
  12, Education Code, that is qualified as provided by Section
  11.21(d) of this code if:
               (1)  the real property is used exclusively by the
  school for educational functions;
               (2)  the real property is reasonably necessary for the
  operation of the school;
               (3)  the owner certifies by affidavit to the school
  that the rent for the lease of the real property will be reduced by
  an amount equal to the amount by which the taxes on the property are
  reduced as a result of the exemption;
               (4)  the owner provides the school with a disclosure
  document stating the amount by which the taxes on the real property
  are reduced as a result of the exemption and the method the owner
  will implement to ensure that the rent charged for the lease of the
  property fully reflects that reduction; and
               (5)  the rent charged for the lease of the real property
  reflects the reduction in the amount of taxes on the property
  resulting from the exemption through a monthly or annual credit
  against the rent.
         (b)  Section 25.07 does not apply to a leasehold interest in
  property for which the owner receives an exemption under this
  section.
         SECTION 2.  This Act applies only to ad valorem taxes imposed
  for a tax year beginning on or after the effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2018, but only
  if the constitutional amendment proposed by the 85th Legislature,
  Regular Session, 2017, authorizing the legislature to exempt from
  ad valorem taxation real property leased to certain schools
  organized and operated primarily for the purpose of engaging in
  educational functions is approved by the voters. If that amendment
  is not approved by the voters, this Act has no effect.