HB 1035 Texas House · 89th Legislature (2025)

Relating to the contents of an affidavit required to be included with an application for an exemption from ad valorem taxation of all or part of the appraised value of real property used to operate a child-care facility.

HB 1035 requires property owners seeking a property tax exemption for child-care facilities to submit an affidavit with their application. This applies to owners leasing property to "qualifying child-care facilities" (licensed facilities participating in Texas' child-care program and serving 20% subsidized children). The affidavit must certify that the tenant receives a clear disclosure of tax savings, that rent reflects these savings (via net lease or rent credit), and that rent does not exceed market rates for comparable space. The law ensures tax benefits directly reduce costs for child-care operators by mandating transparency in lease pricing.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
Apr 2025
House Passage
Apr 2025
Senate Passage
Governor
Introduced Mar 7, 2025 Last action Apr 24, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 5 edits · Apr 24, 2025
MODERATE
This bill amends the Texas Tax Code to update the definition of a 'qualifying child-care facility' and modify requirements for ad valorem tax exemption affidavits. The changes clarify that facilities must participate in the Texas Rising Star Program and receive at least 20% subsidized enrollment, while also updating how rent and tax reductions are documented in exemption applications.
Scope change
The bill modifies the scope of tax exemptions for child-care facilities by updating eligibility criteria and affidavit requirements under Section 11.36 of the Tax Code.
DEFINITION

Updated definition of 'qualifying child-care facility' to explicitly require participation in the Texas Rising Star Program and at least 20% subsidized enrollment

REQUIREMENT

Changed affidavit requirements for tax exemption applications to allow two alternative methods: providing a disclosure document about tax reductions or confirming the property is under a net lease where the facility pays taxes

Updated rent calculation requirements to include both monthly/annual rent credits and net lease operations as valid ways to reflect tax reductions

TIMELINE

Added Section 3 to clarify that changes apply only to applications filed on or after the effective date, maintaining grandfathering for prior applications

TECHNICAL

Added Section 4 to establish this Act prevails over conflicting provisions in the 89th Legislature regarding nonsubstantive code corrections

Floor votes · House Apr 24, 2025

How they voted

10045
Passed · 1 other
Total votes 146
Apr 24, 2025
D Democratic60
58 Yea 1 Nay 1
96% Yea
R Republican86
42 Yea 44 Nay
51% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
24
Key actions
7
Committee
6
Apr 24, 2025
Introduced
Received from the House
upper
Apr 24, 2025
Lower · Passed
Passed
lower
Apr 23, 2025
Lower · Passed
Passed to engrossment
lower
Apr 10, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 9, 2025
Lower · Passed
Committee report distributed
lower
Apr 3, 2025
Lower · Passed
Reported favorably as substituted
lower
Mar 31, 2025
Lower · Passed
Left pending in committee
lower
Mar 31, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 7, 2025
Committee
Referred to Ways & Means
lower
Mar 7, 2025
Introduced
Read first time
lower
3 primary · 0 co-sponsors

Sponsors