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


Office of House Bill AnalysisC.S.H.B. 3383
By: Davis, Yvonne
Ways & Means
4/10/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current 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.  C.S.H.B. 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

C.S.H.B. 3383 amends the Tax Code to prohibit rental property 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 an amount equal to at least 50 percent of the
amount of the exemption in that year on social, educational, or economic
development services for eligible persons in the jurisdiction granting the
exemption.  The bill provides that an organization is not required to spend
at least 50 percent of the amount of the exemption on these services if the
organization acquired the property using tax exempt bond financing after
January 1, 1997, and before December 31, 2001. 

EFFECTIVE DATE

January 1, 2002.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3383 modifies the original bill to conform to Texas Legislative
Council style and format.  The substitute adds the provision that an
organization is not required to spend at least 50 percent of the exemption
on specified services if the community housing development organization
(organization) acquired the property using tax exempt bond financing after
January 1, 1997, and before December 31, 2001.   The substitute differs
from the original bill by clarifying that the tax exemption offered  for a
subsequent tax year is contingent on meeting certain spending requirements
in the preceding year.  The substitute modifies the original bill by
exempting rental property, rather than property, owned by an organization.
The substitute modifies the original bill by specifying that the amount
spent by the organization must be spent on services for eligible persons in
the jurisdiction granting the exemption, rather than eligible persons
residing on the property.  The substitute modifies the original bill by
changing the effective date from the 91st day after adjournment to January
1, 2002.