HB 4752

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
neutral
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 4752 proposes amendments to Section 11.18 of the Texas Tax Code, which governs property tax exemptions for charitable organizations. Specifically, the bill revises the eligibility requirements for certain charitable organizations that perform the function described in Subsection (d)(15), which generally involves federated fundraising and support for other charitable entities. The legislation removes a current requirement that organizations must be affiliated with a state or national entity that sanctions volunteer charitable fundraising groups. Instead, it shifts the focus toward organizational structure and charitable impact.

Under the proposed changes, a qualifying organization must meet three core criteria: it must be exempt under Section 501(c)(3) of the Internal Revenue Code, be governed by a volunteer board of directors, and distribute contributions to at least five other qualifying charitable organizations. These recipient organizations must themselves be 501(c)(3) nonprofits, be governed by volunteer boards, receive a majority of their revenue from charitable gifts or public sources, and provide services without regard to recipients’ ability to pay.

The bill further clarifies that a charitable organization will not be disqualified from property tax exemption under Subsection (d)(15) simply because it distributes funds to public institutions of higher education. This clarification removes ambiguity in the current law and affirms the eligibility of organizations supporting public colleges and universities.

Overall, the bill aims to modernize the exemption criteria, eliminate outdated affiliation requirements, and support a broader range of community-based charitable organizations.

The originally filed version of HB 4752 and the Committee Substitute share the same intent: to amend the eligibility requirements under Section 11.18(g) of the Texas Tax Code for charitable organizations seeking property tax exemptions. However, there are a few key differences between the two versions that reflect a refinement in the bill's structure and scope.

In the originally filed version, the bill explicitly broadened the category of qualifying recipients of charitable distributions to include not only 501(c)(3) organizations but also public institutions of higher education. This inclusion was written directly into the amended statute, allowing charitable organizations to support these institutions without jeopardizing their own exemption eligibility. Additionally, this version removed the prior requirement that an organization be affiliated with a state or national umbrella entity, effectively deregulating and decentralizing eligibility standards.

The Committee Substitute maintains the core changes but separates the provision related to public institutions of higher education into a newly added Subsection (g-1). This clarifies that charitable organizations are not disqualified from the exemption simply because they make distributions to public colleges or universities, as long as all other conditions are met. This adjustment enhances the legal clarity of the statute by distinguishing a permissive allowance (supporting public institutions) from the core eligibility criteria in Subsection (g).

Thus, the Committee Substitute refines the structure of the bill to ensure clarity and improved statutory interpretation, but the substantive policy direction—removing the affiliation requirement and expanding the pool of qualifying recipients—remains consistent with the originally filed bill.
Author (1)
Brooks Landgraf
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4752 is not expected to have a significant fiscal impact on the state or local governments. The proposed legislation would amend current tax code provisions to remove the requirement that certain charitable organizations must be affiliated with a state or national body to qualify for ad valorem property tax exemptions. It would also clarify that organizations distributing funds to public institutions of higher education are not disqualified from receiving the exemption.

While this change may slightly expand the pool of qualifying organizations, the fiscal note suggests that the number of new exemptions granted under the revised criteria is likely to be limited. As a result, any potential reduction in local property tax revenues is anticipated to be negligible. Similarly, since Texas does not impose a state property tax, the bill carries no direct fiscal effect on state revenues.

The Texas Comptroller of Public Accounts, the agency responsible for administering tax exemptions and assessing fiscal implications, concurred with this analysis, contributing to the conclusion that the legislation poses no substantial budgetary risk or revenue loss. Therefore, from a fiscal perspective, the bill achieves its policy goals of broadening access to tax-exempt status for certain charities without significantly affecting governmental revenues or resource allocation.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on HB 4752 based on its effort to enhance fairness, clarity, and consistency in the application of Texas property tax law as it relates to charitable organizations. The bill removes an outdated and unevenly applied requirement that such organizations must be affiliated with a state or national umbrella entity to qualify for a property tax exemption. This change promotes individual liberty and free enterprise by empowering smaller, independent charities to receive equal treatment under the law, irrespective of their size or affiliation.

The bill also clarifies that charitable organizations will not be disqualified from receiving an exemption simply because they distribute contributions to public institutions of higher education. This correction prevents inadvertent exclusion of otherwise qualifying nonprofits and encourages charitable giving to Texas colleges and universities. By shifting the focus to governance, transparency, and public benefit, such as being governed by a volunteer board and distributing funds to qualified 501(c)(3) entities, HB 4752 ensures that public resources are still directed toward legitimate, community-serving organizations.

That said, expanding eligibility for property tax exemptions does carry a long-term trade-off: it slightly narrows the taxable property base, which could shift more of the local tax burden onto non-exempt taxpayers. While the Legislative Budget Board found no significant fiscal impact, it is important to remain aware of this downstream effect in areas with a growing number of exemptions. Still, on balance, the bill upholds the principles of limited government and equal treatment under the law without undermining fiscal responsibility.

  • Individual Liberty: The bill enhances individual liberty by removing the requirement that charitable organizations be affiliated with a state or national umbrella group to qualify for a property tax exemption. This change supports freedom of association and expression, allowing locally governed nonprofits to operate independently without needing approval or oversight from larger institutions. It reduces barriers for civic-minded individuals to organize charitable efforts within their communities.
  • Personal Responsibility: While the bill does not directly regulate behavior tied to personal responsibility, it indirectly reinforces this principle by supporting nonprofits that help meet social and community needs through voluntary, nongovernmental means. These organizations are often built and operated by volunteers and donors who take it upon themselves to serve others without relying on state intervention.
  • Free Enterprise: The bill strengthens the nonprofit sector—an essential component of a free enterprise society—by leveling the playing field for small or unaffiliated organizations. Removing the affiliation mandate reduces compliance costs and bureaucratic gatekeeping, making it easier for independent charities to compete for donations, grants, and operational sustainability. This fosters innovation and diversity in charitable services.
  • Private Property Rights: By extending the property tax exemption to a broader class of charitable entities, the bill affirms that organizations using their property for public-benefit purposes should not be taxed as if they were for-profit enterprises. This aligns with the principle that individuals and groups should be able to use their private property in ways that serve public welfare without being penalized through taxation.
  • Limited Government: The bill exemplifies limited government by eliminating a prescriptive and arguably unnecessary regulatory requirement—mandatory affiliation with a larger entity. It trusts local governance structures and the federal 501(c)(3) nonprofit designation to ensure organizational legitimacy, rather than requiring additional state-approved oversight. This reduces state interference in civil society and reinforces the idea that charitable activity does not need centralized control to be effective and legitimate.
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