SRC-TNM S.B. 1852 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1852
By: Armbrister
State Affairs
4-2-97
As Filed


DIGEST 

Currently, Texas law does not provide an agency that evaluates state and
local regulations to identify those who limit the availability of housing.
S.B. 1852 would create the Texas Affordable Housing Commission which would
evaluate state and local regulations and policies to identify those that
unnecessarily increase the cost of constructing or rehabilitating
affordable housing.  Before each legislative session, the commission would
submit a report to the legislature that includes the statewide housing
policy, a list of state and local regulations that unnecessarily increase
the cost of housing, and legislative recommendations for revising those
regulations. 
  
PURPOSE

As proposed, S.B. 1852 outlines provisions regarding the creation and
operation of the Texas Affordable Housing Commission. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Affordable Housing Commission
Board under SECTION 1 (Section 2310.028, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 10G, Government Code, by adding Chapter 2310, as
follows: 

  CHAPTER 2310. TEXAS AFFORDABLE HOUSING COMMISSION

 SUBCHAPTER A. GENERAL PROVISIONS; ORGANIZATION OF COMMISSION

Sec. 2310.001. DEFINITIONS. Defines "board" and "commission."

Sec. 2310.002. TEXAS AFFORDABLE HOUSING COMMISSION.  Provides that the
Texas Affordable Housing Commission (commission) is an agency of this
state. 

Sec. 2310.003. SUNSET PROVISION. Provides that the Texas Affordable
Housing Commission is subject to Chapter 325 (Texas Sunset Act).  Provides
that unless continued in existence as provided by that chapter, the
commission is abolished and this chapter expires September 1, 2001. 

Sec. 2310.004. TEXAS AFFORDABLE HOUSING COMMISSION BOARD. Sets forth the
composition of the Texas Affordable Housing Commission Board (board).
Outlines provisions regarding appointment to the board.  Provides that
board members serve for staggered terms of six years with the terms of
four members expiring on February 1 of each odd-numbered year.  Requires
the board members to annually elect a board member to serve as presiding
officer.  Provides that a member is not entitled to compensation but is
entitled to reimbursement of expenses incurred by the member while
conducting commission business, as provided in the General Appropriations
Act. 

Sec. 2310.005. BOARD MEETINGS. Outlines provisions regarding board
meetings. 

 Sec. 2310.006. ADVISORS AND STAFF. Authorizes the commission to select
and use advisors in carrying out the commission's duties under this
chapter.  Requires the Texas Department of Housing and Community Affairs
to provide necessary clerical and advisory support staff to the commission
subject to available resources.   

   SUBCHAPTER B. POWERS AND DUTIES

Sec. 2310.021. EVALUATION OF REGULATIONS AND POLICIES RELATING TO HOUSING.
Sets forth requirements regarding the evaluation of regulations and
policies relating to housing. 

Sec. 2310.022. STATEWIDE HOUSING POLICY. Requires the commission to use
the results of the evaluation required by Section 2310.021 to establish a
statewide housing policy. 

Sec. 2310.023. ESTABLISHMENT AND PROMOTION OF AFFORDABLE HOUSING GOALS.
Requires the commission to establish and promote affordable housing goals
designed to increase the availability of affordable housing throughout the
state.  Sets forth items which may be included in the goals. 

Sec. 2310.024. COLLECTION OF INFORMATION. Requires the commission to
collect information relating to state and local policies evaluated under
Section 2310.021 and make that information available to the public. 

Sec. 2310.0025. REPORT ON EVALUATION AND RECOMMENDATIONS. Sets forth items
to be included in a report the commission is required to submit to the
governor and the presiding officer of each house of the legislature not
later than August 31 of each evennumbered year. 

Sec. 2310.026. ANNUAL FUNDS REPORT. Requires the commission to file
annually with the governor and the presiding officer of each house of the
legislature a complete and detailed written report accounting for all
funds received and disbursed by the commission during the preceding fiscal
year. 

Sec. 2310.027. FINANCIAL AUDIT. Provides that the financial transactions
of the commission are subject to audit by the state auditor in accordance
with Chapter 321. 

Sec. 2310.028. RULES. Requires the board to adopt rules necessary to carry
out the commission's powers and duties under this chapter. 

Sec. 2310.029. GIFTS AND GRANTS. Authorizes the commission to accept a
gift or grant from a public or private source to perform any of the
commission's powers or duties. 

Sec. 2310.030. CONTRACTS. Authorizes the commission to enter into
contracts as necessary to perform any of the commission's powers or
duties. 

Sec. 2310.031. GENERAL POWERS AND DUTIES. Provides that the commission has
all the powers and duties necessary to administer this chapter. 

SECTION 2. Requires the governor to appoint the members of the board as
soon as possible after the effective date of this Act.  Requires the
governor to appoint four members to serve terms expiring on February 1,
1999, four members to serve terms expiring on February 1, 2001, and four
members to serve terms expiring on February 1, 2003. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.