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H.B. No. 2080

 

H.B. No. 2080

 

AN ACT

relating to the ad valorem tax status of a license to occupy a
dwelling unit in a tax-exempt retirement community.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 23, Tax Code, is amended by
adding Section 23.135 to read as follows:
Sec. 23.135. LICENSE TO OCCUPY DWELLING UNIT IN TAX-EXEMPT
RETIREMENT COMMUNITY. A license to occupy a dwelling unit in a
retirement community that is exempt from taxation under Section
11.18(d)(19) is not a taxable leasehold or other possessory
interest in real property regardless of whether the occupant of the
dwelling unit is required to pay a refundable or nonrefundable
deposit or a periodic service fee under the contract granting the
occupant the license to occupy the dwelling unit.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.

 

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2080 was passed by the House on May 9,
2005, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.

______________________________
Chief Clerk of the House

I certify that H.B. No. 2080 was passed by the Senate on May
23, 2005, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate

 

APPROVED: _____________________

Date

 

_____________________

Governor

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