HBA-AMW H.B. 3383 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3383
By: Davis, Yvonne
Ways & Means
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Under state law, properties owned by community housing development
organizations (organizations) are exempt from ad valorem taxation.
However, concerns exist that some organizations are taking advantage of the
exemption without reinvesting the savings that are realized by the
organization's tax exempt status and are not using surplus revenue
generated by affordable housing units to maintain the property or offer
other support services.  House Bill 3383 prohibits rental property owned by
an organization from being exempted from taxation in a subsequent tax year
unless in the preceding tax year the organization spent a certain
percentage of the exemption in that year on specified development services. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3383 amends the Tax Code to prohibit a multifamily rental
property consisting of 36 or more dwelling units owned by a community
housing development organization (organization) from being exempted from
taxation in a subsequent tax year unless in the preceding tax year the
organization spent, for eligible persons in the county in which the
property is located, an amount equal to at least 40 percent of the total
amount of taxes that would have been imposed on the property in that year
without the exemption on social, educational, economic development
services, capital improvement projects, or rent reduction.  The bill
specifies that the provisions regarding the exemption do not apply to
property acquired by the organization using tax exempt bond financing after
January 1, 1997, and before December 31, 2001. 

The bill sets forth requirements for and exceptions to exemption from
taxation in a subsequent tax year for improved real property that includes
a housing project constructed after December 31, 2001, and financed with
certain qualified bonds or low-income housing tax credits.  The bill
provides than an organization must annually have an audit prepared by an
independent auditor to receive an exemption for improved or unimproved real
property or to receive an exemption from taxation of any building or
tangible personal property the organization owns and uses in the
administration of its acquisition, building, repair, sale, or rental of
property.  The bill specifies what the audit must include. 

EFFECTIVE DATE

January 1, 2002.