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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 80(R)

Senate Bill 1908

Senate Author:  Ellis et al.

Effective:  9-1-07

House Sponsor:  Menendez


            Senate Bill 1908 enacts a number of provisions relating to the Texas Department of Housing and Community Affairs (TDHCA), affordable housing, and rehabilitation of certain property.

            The bill amends the Government Code to provide for the operation and administration of the Texas First-Time Homebuyer Program by TDHCA to facilitate the origination of single family mortgage loans for first-time homebuyers.  The bill provides that the program may assist potential homebuyers with down payment and closing costs, and establishes eligibility requirements for a mortgage loan under the program.

            The bill requires the comptroller, in determining school district property values, to exclude the value of property within certain reinvestment zones.  It revises provisions relating to the allocation of housing funds and establishes a regional allocation formula.  The bill adds to the criteria that are the basis for the point system for scoring and ranking applications for low income housing tax credit allocations in order to include points for proposed development sites in a disaster area and for applicants who provide free notary public service to the residents of their development.

            Senate Bill 1908 revises provisions relating to TDHCA administration, including board meetings, special advisory councils, compliance assessments, budget preparation and submission, annual reports, low income housing plan preparation and submission, alternative dispute resolution procedures, administration of certain federal economic opportunity programs, uniform application and funding cycles for certain housing programs, the executive award and review advisory committee, ex parte communications, documents supporting mortgage loans, issuance of private activity bonds, and construction requirements for single family affordable housing; it also establishes an administrative penalty.

            The bill requires a lease agreement with a tenant in a development supported with a housing tax credit allocation to include certain federal and state standards and to be consistent with federal and state law.  It requires TDHCA to maintain an electronic mail notification service to which any person may electronically subscribe to receive information concerning the status of preapplications and applications for low income housing tax credit allocations.

            Senate Bill 1908 amends the Local Government Code to include non-residential property in provisions relating to legal actions against owners of property that is not in compliance with certain municipal ordinances and appointment of a receiver to rehabilitate the property.  The bill provides for a receivership fee and a receiver's lien on the property, and makes changes in provisions relating to the sale of the property.  The bill revises provisions of the urban land bank program for municipalities with a population of 1.9 million or more to add to the conditions of purchase of land offered for sale by a land bank and to limit certain causes of action after the first anniversary of the sale of property to a land bank.  The bill establishes an urban land bank program for certain municipalities not covered under other chapters in the code.

            Senate Bill 1908 amends the Tax Code to provide that real property that has been acquired, held, and transferred by a qualified charitable organization serving as or on behalf of a land bank is exempt from taxation.