By Danburg                                            H.B. No. 2828
       74R2033 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the financing of homeless assistance programs through a
    1-3  fee on certain real estate transactions.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 5, Property Code, is amended by adding
    1-6  Subchapter Z to read as follows:
    1-7    SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS RELATING TO CONVEYANCES
    1-8        Sec. 5.901.  HOMELESS ASSISTANCE FEE.  (a)  This section
    1-9  applies to a conveyance of real property by sale for a purchase
   1-10  price of $80,000 or more.
   1-11        (b)  A title company or other closing agent shall collect at
   1-12  the closing of the purchase of property subject to this section a
   1-13  fee equal to one percent of the purchase price of the property.
   1-14        (c)  The fee collected under this section shall be deposited
   1-15  in the state treasury to the credit of the homeless assistance
   1-16  fund.  The fund may be used only as provided by Section 2306.0935,
   1-17  Government Code.
   1-18        (d)  Sections 403.094 and 403.095, Government Code, do not
   1-19  apply to the homeless assistance fund.
   1-20        SECTION 2.  Subchapter E, Chapter 2306, Government Code, is
   1-21  amended by adding Section 2306.0935 to read as follows:
   1-22        Sec. 2306.0935.  ADMINISTRATION OF HOMELESS ASSISTANCE FUND.
   1-23  (a)  In addition to the funds distributed under Section 2306.093,
   1-24  the community affairs division shall distribute homeless assistance
    2-1  funds collected under Section 5.901, Property Code.
    2-2        (b)  The board of the community affairs division shall
    2-3  designate public or private homeless organizations that are
    2-4  entitled to receive funds from the homeless assistance fund.  At
    2-5  least annually, the board shall review the organizations designated
    2-6  to receive homeless assistance funds.  The board may, in its
    2-7  discretion, add or remove organizations from the designated list to
    2-8  ensure that only organizations that provide housing assistance to
    2-9  the homeless are listed.
   2-10        (c)  Before distributing funds from the homeless assistance
   2-11  fund, the board of the community affairs division shall:
   2-12              (1)  determine the frequency of distributions made from
   2-13  the fund; and
   2-14              (2)  adopt guidelines to ensure that the funds are
   2-15  distributed to areas of the state in proportion to the homeless
   2-16  problems existing in those areas.
   2-17        SECTION 3.  This Act takes effect September 1, 1995.
   2-18        SECTION 4.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.