H.B. No. 2726
    1-1                                AN ACT
    1-2  relating to tax-exempt private activity bonds and housing finance
    1-3  corporations.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1, Chapter 1092, Acts of the 70th
    1-6  Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas
    1-7  Civil Statutes), is amended by amending Subdivision (14) and adding
    1-8  Subdivision (20) to read as follows:
    1-9              (14)  "Qualified small issue bond" has the meaning
   1-10  given that term under Section 144(a) of the code<, and,
   1-11  additionally, shall mean any bond authorized under the code
   1-12  subsequent to March 1, 1993, for economic development purposes,
   1-13  which requires an allocation of state ceiling>.
   1-14              (20)  "Tax-exempt enterprise zone facility bonds" has
   1-15  the meaning given that term under Section 1394 of the code.
   1-16        SECTION 2.  Section 2, Chapter 1092, Acts of the 70th
   1-17  Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas
   1-18  Civil Statutes), is amended by amending Subsections (b), (c), (e),
   1-19  and (f) and adding Subsections (g) and (h) to read as follows:
   1-20        (b)  Prior to September 1, (1) 28 percent of the state
   1-21  ceiling is available exclusively for reservations by issuers of
   1-22  qualified mortgage bonds, (2) 17.5 percent of the state ceiling is
   1-23  available exclusively for reservations by issuers of state-voted
   1-24  issues for the purpose of issuing a state-voted issue, (3) 7.5
    2-1  percent of the state ceiling is available exclusively for
    2-2  reservations by issuers of qualified small issue bonds and
    2-3  tax-exempt enterprise zone facility bonds, (4) five percent of the
    2-4  state ceiling is available exclusively for reservations by issuers
    2-5  of qualified residential rental project issues; and (5) 42 percent
    2-6  of the state ceiling is available exclusively for reservations by
    2-7  all other issuers of bonds requiring an allocation.
    2-8        (c)  Of that portion of the state ceiling that is available
    2-9  exclusively for reservations by issuers of qualified mortgage
   2-10  bonds, one-third of said portion shall be made available
   2-11  exclusively to the <housing finance division of the> Texas
   2-12  Department of Housing and Community Affairs for the purpose of
   2-13  issuing qualified mortgage bonds until August 25.
   2-14        (e)  If any particular type of <Notwithstanding the
   2-15  provisions of Subsection (f) of this section, if qualified mortgage
   2-16  bonds or qualified small issue> bonds do not qualify on January 2
   2-17  of any year for treatment as tax-exempt obligations under the
   2-18  provisions of the code, then the provisions of Subsection (b)(1),
   2-19  (2), <or> (3), (4), or (5) of this section, <or both,> as
   2-20  applicable, shall be of no effect for such year, and the portion of
   2-21  the state ceiling that is available exclusively for reservations by
   2-22  issuers of the type of applicable <qualified mortgage bonds or
   2-23  qualified small issue> bonds<, or both, as applicable,> shall be
   2-24  reallocated proportionately by March 1 for reservations by each
   2-25  other category of issuers under Subsection (b) of this section.
   2-26        (f)  Subsection (e) of this section does not apply to
   2-27  qualified mortgage bonds made available exclusively to the <housing
    3-1  finance division of the> Texas Department of Housing and Community
    3-2  Affairs under Subsection (c) of this section.
    3-3        (g)  In addition to the amount provided in Subsection (c) of
    3-4  this section, $20,000,000 in reservations for each year for the
    3-5  years 1996 and 1997 is available to the Texas Department of Housing
    3-6  and Community Affairs from that portion of the state ceiling that
    3-7  is available exclusively for reservations by issuers of qualified
    3-8  mortgage bonds for the purpose of issuing qualified mortgage bonds
    3-9  until August 25.
   3-10        (h)  A bond issued for the reservation made by Subsection (g)
   3-11  of this section must:
   3-12              (1)  be used to finance or refinance single-family home
   3-13  construction, reconstruction, or acquisition or to finance or
   3-14  refinance contracts for deed for single-family housing; and
   3-15              (2)  target families that earn 60 percent or less of
   3-16  the median family income in a colonia, as defined by Section 916 of
   3-17  Pub. L. No. 101-625.
   3-18        SECTION 3.  Section 3, Chapter 1092, Acts of the 70th
   3-19  Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas
   3-20  Civil Statutes), is amended by amending Subsections (a), (b), (c),
   3-21  (d), and (f) and adding Subsection (g) to read as follows:
   3-22        (a)  For any one project, no issuer:
   3-23              (1)  prior to September 1, shall receive reservations
   3-24  in excess of:
   3-25                    (A)  $25,000,000 for issuers described by Section
   3-26  2(b)(1) of this Act other than the Texas Department of Housing and
   3-27  Community Affairs;
    4-1                    (B)  $50,000,000 for issuers described by Section
    4-2  2(b)(2) of this Act other than the Texas Higher Education
    4-3  Coordinating Board;
    4-4                    (C)  an amount as limited by the code for issuers
    4-5  described by Section 2(b)(3) of this Act;
    4-6                    (D)  $15,000,000 for issuers described by Section
    4-7  2(b)(4) of this Act;
    4-8                    (E)  $25,000,000 for issuers described by Section
    4-9  2(b)(5) of this Act except higher education authorities authorized
   4-10  by Section 53.47, Education Code; <$50,000,000, except for the
   4-11  housing finance division of the Texas Department of Housing and
   4-12  Community Affairs and the Texas Higher Education Coordinating
   4-13  Board;> and
   4-14                    (F)  $35,000,000 for higher education authorities
   4-15  authorized by Section 53.47, Education Code; and
   4-16              (2)  prior to November 1, shall receive reservations in
   4-17  excess of $100,000,000.
   4-18        (b)  The maximum amount of the state ceiling which may be
   4-19  reserved by a housing finance corporation for the issuance of
   4-20  qualified mortgage bonds may not exceed $50 times the local
   4-21  population of such housing finance corporation, except (1) if the
   4-22  local population is 200,000 or more but less than 300,000, the
   4-23  maximum amount of the state ceiling which may be reserved may not
   4-24  exceed $75 times that local population, (2) if the local population
   4-25  is 100,000 or more but less than 200,000, the maximum amount of the
   4-26  state ceiling which may be reserved may not exceed $100 times the
   4-27  local population, and (3) if the local population is less than
    5-1  100,000, the maximum amount of the state ceiling which may be
    5-2  reserved prior to the foregoing dates may not exceed $150 times the
    5-3  local population.  Anything to the contrary notwithstanding, no
    5-4  housing finance corporation shall receive an allocation for the
    5-5  issuance of qualified mortgage bonds in excess of $25,000,000
    5-6  <$30,000,000>.
    5-7        (c)  The board shall not grant a reservation of a portion of
    5-8  the state ceiling to any issuer prior to January 10.  If two or
    5-9  more issuers apply for a reservation of state ceiling in a category
   5-10  described in Subsections (b)(2), (b)(3), (b)(4), and (b)(5) of
   5-11  Section 2 of this Act on or before January 10, reservations within
   5-12  that category shall be granted from the state ceiling available in
   5-13  that category in an order determined by the board by lot.  If two
   5-14  or more housing finance corporations apply for a reservation of
   5-15  state ceiling in the category described by Section 2(b)(1) of this
   5-16  Act on or before January 10, reservations within that category
   5-17  shall be granted from the state ceiling available in that category
   5-18  according to the following categories of priority:  (1) the first
   5-19  category of priority shall include those applications for a
   5-20  reservation filed by housing finance corporations which filed an
   5-21  application for a reservation on behalf of the same local
   5-22  population prior to September 1 of the previous calendar year, but
   5-23  which did not receive a reservation during such year; (2) the
   5-24  second category of priority shall include those applications for a
   5-25  reservation filed by housing finance corporations to which state
   5-26  ceiling could not be made available by August 31 for that calendar
   5-27  year because of the application of Section 4(b) of this Act; (3)
    6-1  the third category of priority shall include those applications for
    6-2  a reservation not included in the first and second categories of
    6-3  priority; and (4) within each category or priority, reservations
    6-4  shall be granted in reverse calendar year order of the most recent
    6-5  closing of qualified mortgage bonds by each housing finance
    6-6  corporation, with the most recent closing being the last to receive
    6-7  a reservation and with those housing finance corporations that have
    6-8  never received a reservation for mortgage revenue bonds being the
    6-9  first to receive a reservation, and, in the case of closings
   6-10  occurring on the same date, reservations shall be granted in an
   6-11  order determined by the board by lot.  All applications for a
   6-12  reservation filed after January 10 by any issuer for the issuance
   6-13  of bonds shall be accepted by the board in their order of receipt.
   6-14  A priority under (1) of an issuer composed of more than one
   6-15  jurisdiction is not affected by the issuer's loss of a sponsoring
   6-16  governmental unit and that unit's population base if the dollar
   6-17  amount of the application has not increased.
   6-18        (d)  An application for a reservation may not be submitted
   6-19  and a reservation may not be granted after December 1 <14>.
   6-20        (f)  An issuer may refuse to accept a reservation if the
   6-21  amount of state ceiling available is less than the amount for which
   6-22  the issuer applied under Section 4 of this Act.  An issuer may
   6-23  refuse to accept a reservation for any amount if the reservation is
   6-24  granted after September 23.  The amount of available state ceiling
   6-25  is subject to the grant of a reservation to each succeeding issuer
   6-26  eligible to receive a reservation of that available state ceiling
   6-27  in the order of priority determined in accordance with this Act.
    7-1  An issuer's refusal to accept a reservation does not affect the
    7-2  issuer's order of priority determined in accordance with this Act
    7-3  for a subsequent receipt of a reservation.
    7-4        (g)  An issuer described by Section 2(b)(1) of this Act other
    7-5  than the Texas Department of Housing and Community Affairs shall
    7-6  reserve for six months 50 percent of the funds available for loans
    7-7  outside the federally designated target areas to provide mortgages
    7-8  to individuals and families with incomes below 80 percent of the
    7-9  applicable median family income, as defined by Section 143(f)(4) of
   7-10  the code.
   7-11        SECTION 4.  Section 4, Chapter 1092, Acts of the 70th
   7-12  Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas
   7-13  Civil Statutes), is amended to read as follows:
   7-14        Sec. 4.  Application for Reservation.  (a)  An application
   7-15  for a reservation may be filed by an issuer on or after January 2
   7-16  and must be on a form prescribed by the board and signed by a
   7-17  member or officer of the issuer and must state:
   7-18              (1)  the maximum amount of the bonds in the issue
   7-19  requiring an allocation pursuant to Section 146 of the code;
   7-20              (2)  the purpose of the bonds or a functional
   7-21  description of the project, including the identification of the
   7-22  user of the proceeds or project financed thereby;
   7-23              (3)  whether the bonds are qualified bonds;
   7-24              (4)  if the bonds are qualified bonds, the paragraph of
   7-25  Section 141(e)(1) of the code  that applies, and if Section
   7-26  141(e)(1)(A) of the code  applies, the paragraph of Section 142(a)
   7-27  of the code  that applies;
    8-1              (5)  if the bonds are not qualified bonds, that Section
    8-2  141(b)(5) of the code  applies, or in the case of transition rule
    8-3  projects, the paragraph of the Tax Reform Act of 1986 that applies;
    8-4              (6)  a statement by the issuer, other than an issuer of
    8-5  a state-voted issue or the Texas Department of Housing and
    8-6  Community Affairs, that bonds are not being issued for the same
    8-7  stated purpose for which the issuer has received sufficient
    8-8  carryforward during a prior year or for which there exists
    8-9  unexpended proceeds from a prior issue or issues of bonds issued by
   8-10  the same issuer, unless such issuer provides evidence that a
   8-11  binding contract or binding contracts have been entered into to
   8-12  expend the unexpended proceeds within 12 months after the date of
   8-13  receipt by the board of an application for a reservation; and
   8-14              (7)  other information that the board may require.
   8-15        (b)  The board shall not reserve a portion of the state
   8-16  ceiling for an issuer, other than an issuer of a state-voted issue
   8-17  or the Texas Department of Housing and Community Affairs, to whom
   8-18  proceeds are available from other bonds issued by or on behalf of
   8-19  such issuer for the same stated purpose for which such issuer is
   8-20  applying for reservation, except as otherwise provided for in
   8-21  Subsection (a)(6) of this section.
   8-22        (c)  The board may not accept applications for more than one
   8-23  project located at, or related to, a business operation at a
   8-24  particular site in any one calendar year.
   8-25        SECTION 5.  Section 7(d), Chapter 1092, Acts of the 70th
   8-26  Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas
   8-27  Civil Statutes), is amended to read as follows:
    9-1        (d)  Not later than the fifth business day after the day on
    9-2  which the bonds are closed, the issuer shall submit to the board:
    9-3              (1)  a written notice stating the delivery date of the
    9-4  bonds and the principal amount of the bonds issued; and
    9-5              (2)  a certified copy of the document authorizing the
    9-6  bonds and other documents relating to the issuance of the bonds,
    9-7  including a statement of the bonds:
    9-8                    (A)  principal amount;
    9-9                    (B)  interest rate or formula by which the
   9-10  interest rate is calculated;
   9-11                    (C)  maturity schedule; and
   9-12                    (D)  purchaser or purchasers.
   9-13        SECTION 6.  Section 12, Chapter 1092, Acts of the 70th
   9-14  Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas
   9-15  Civil Statutes), is amended to read as follows:
   9-16        Sec. 12.  Fee.  An application for a reservation or
   9-17  carryforward designation must be accompanied by a nonrefundable fee
   9-18  in the amount of $500. The issuer shall submit to the board a
   9-19  closing fee in the amount of $1,000 or 0.025 percent of the
   9-20  principal amount of the bonds certified as provided by Section
   9-21  6(a)(2) of this Act, whichever is greater.  One-third of the fee
   9-22  shall be submitted not later than the 35th day after an issue's
   9-23  reservation date, and the remaining portion of the fee at the time
   9-24  of closing.  An issuer exchanging a portion of the state ceiling
   9-25  for mortgage credit certificates shall submit to the board a
   9-26  closing fee in the amount of $1,000 or 0.0125 percent of the amount
   9-27  of the state ceiling reserved, whichever is greater.  One-third of
   10-1  the fee shall be submitted not later than the 35th day after an
   10-2  issue's reservation date, and the remaining portion of the fee at
   10-3  the time of closing.  The board shall deposit the proceeds of the
   10-4  fees in the General Revenue Fund.  <The legislature shall
   10-5  appropriate to the board the amount equal to the amount collected
   10-6  as fees under this Act to be used by the board in administering
   10-7  this Act.>
   10-8        SECTION 7.  Section 394.023(b), Local Government Code, is
   10-9  amended to read as follows:
  10-10        (b)  If the board of directors determines that sufficient
  10-11  provision has been made for full payment of the expenses, bonds,
  10-12  and other obligations of the corporation, any net corporate
  10-13  earnings accruing after the determination shall be paid to the
  10-14  local government.  The local government shall use amounts received
  10-15  under this subsection only to provide for the housing needs of
  10-16  individuals and families of low and moderate incomes, including
  10-17  single-family units and mixed income multifamily projects found by
  10-18  the local government to serve the interests of low and moderate
  10-19  income individuals and families if the single-family and
  10-20  multifamily projects have as a major purpose the provision of safe,
  10-21  sanitary, and decent housing for individuals and families of low
  10-22  income.
  10-23        SECTION 8.  Section 394.026(b), Local Government Code, is
  10-24  amended to read as follows:
  10-25        (b)  On the filing of the certificate of dissolution, the
  10-26  corporation is dissolved.  The title to all funds and property
  10-27  owned by the corporation at the time of dissolution vests in the
   11-1  local government to be used exclusively by the local government to
   11-2  provide for the housing needs of individuals and families of low
   11-3  and moderate incomes, including single-family units and mixed
   11-4  income multifamily projects found by the local government to serve
   11-5  the interests of low and moderate income individuals and families
   11-6  if the single-family and multifamily projects have as a major
   11-7  purpose the provision of safe, sanitary, and decent housing for
   11-8  individuals and families of low income.  The funds and property
   11-9  shall be promptly delivered to the local government.
  11-10        SECTION 9.  Subchapter C, Chapter 394, Local Government Code,
  11-11  is amended by adding Section 394.027 to read as follows:
  11-12        Sec. 394.027.  ANNUAL REPORT.  (a)  Before August 31 of each
  11-13  year, a housing finance corporation shall file with the Texas
  11-14  Department of Housing and Community Affairs a report in accordance
  11-15  with this section.  The department by rule shall prescribe the form
  11-16  of the report.
  11-17        (b)  The report must include for each single-family home
  11-18  mortgage loan made by the housing finance corporation during the
  11-19  preceding 12 months ending June 30 of the year the report is filed,
  11-20  the data reported by originating lenders under the Federal Home
  11-21  Mortgage Disclosure Act.
  11-22        (c)  The report must include for persons residing in
  11-23  multifamily housing units financed by the housing finance
  11-24  corporation information similar to the geographic and demographic
  11-25  information contained in the Texas Department of Housing and
  11-26  Community Affairs compliance monitoring form and tenant income
  11-27  certification, including household size, total household income,
   12-1  and project location.
   12-2        SECTION 10.  The changes in law made by this Act:
   12-3              (1)  to Sections 394.023 and 394.026, Local Government
   12-4  Code, apply only to earnings that are received by and to funds and
   12-5  property that vest in a local government on or after the effective
   12-6  date of this Act;
   12-7              (2)  by the addition of Section 394.027, Local
   12-8  Government Code, apply only to issues that close on or after the
   12-9  effective date of this Act;
  12-10              (3)  to Sections 3(a), (b), and (c), Chapter 1092, Acts
  12-11  of the 70th Legislature, Regular Session, 1987 (Article 5190.9a,
  12-12  Vernon's Texas Civil Statutes), apply only to allocations or
  12-13  reservations made on or after January 1, 1996; and
  12-14              (4)  by the addition of Section 4(c), Chapter 1092,
  12-15  Acts of the 70th Legislature, Regular Session, 1987 (Article
  12-16  5190.9a, Vernon's Texas Civil Statutes), apply only to project
  12-17  applications made on or after January 1, 1996.
  12-18        SECTION 11.  This Act takes effect immediately.
  12-19        SECTION 12.  The importance of this legislation and the
  12-20  crowded condition of the calendars in both houses create an
  12-21  emergency and an imperative public necessity that the
  12-22  constitutional rule requiring bills to be read on three several
  12-23  days in each house be suspended, and this rule is hereby suspended,
  12-24  and that this Act take effect and be in force from and after its
  12-25  passage, and it is so enacted.