BUSINESS AND
OPERATIONS: PROPERTY TAXES [LAW]
1. Definitions
A. “Qualified
School”
To be considered “qualified” as a school for the
purposes of a property tax exemption described in this policy, the school must:
(1) Be
organized and operated primarily for the purpose of engaging in educational
functions;
(2) Normally
maintain a regular faculty and curriculum and normally have a regularly
organized body of students in attendance at the place where its educational
functions are carried on;
(3) Be
operated in a way that does not result in accrual of distributable profits,
realization of private gain resulting from payment of compensation in excess of
a reasonable allowance for salary or other compensation for services rendered,
or realization of any other form of private gain, and, if the organization is a
corporation, be organized as a nonprofit corporation as defined by the Texas
Nonprofit Corporation Act, V.A.T.S. Art. 1396-1.01 et. seq.;
(4) Use
its assets in performing the organization’s educational functions or the
educational functions of another educational organization; and
(5) By
charter, bylaw, or other regulation adopted by the organization to govern its
affairs, direct that on discontinuance of the organization by dissolution or
otherwise, the assets are to be transferred to the state, the United States, or
an educational charitable, religious, or other similar organization that is
qualified as a charitable organization under § 501(c)(3) of the Internal
Revenue Code.
B. “Building”
“Building,” as used in this policy, includes the land
that is reasonably necessary for use of, access to, and ornamentation of the
building.
C. “Tangible
personal property” as used in this policy, means personal property (property
that is not real property) that can be seen, weighed, measured, felt, or
otherwise perceived by the senses, but does not include a document or other
perceptible object that constitutes evidence of a valuable interest, claim, or
right and has negligible or no intrinsic value.
2. Conditions and Extent of Property Tax
Exemption
The school
is entitled to an exemption from property taxation of the buildings and
tangible personal property that is owned and used for a qualified school if:
A. The school
is operated exclusively by the owner of the property;
B. Except
for incidental use of exempt tangible property for non-educational functions,
the buildings and tangible personal property are used exclusively for educational
functions and are reasonably necessary for the operation of the school; and
C. For up
to three (3) years, real property consisting of:
(1) An
incomplete improvement that:
(a) Is
under active construction or other physical preparation; and
(b) Is
designed and intended to be used for a school that is qualified, as defined in
this policy; and
(2) The
land on which the incomplete improvement is located that will be reasonably
necessary for the use of the improvement for a school that is qualified, as
defined in this policy.