By Wilson                                              H.B. No. 166

      75R1948 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of the housing for the homeless fund

 1-3     within the Texas Department of Housing and Community Affairs;

 1-4     granting the authority to issue bonds; and the allocation of

 1-5     certain sales and use tax revenue.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Subchapter I, Chapter 2306, Government Code, is

 1-8     amended by adding Section 2306.208 to read as follows:

 1-9           Sec. 2306.208.  HOUSING FOR THE HOMELESS FUND.  (a)  The

1-10     housing for the homeless fund is created in the state treasury.

1-11     Money in the fund may be appropriated only to provide grants to

1-12     municipalities and counties to construct and equip facilities for

1-13     the homeless.

1-14           (b)  The proceeds of bonds issued under Section 2306.3531

1-15     shall be deposited in the housing for the homeless fund.

1-16           (c)  A municipality or county may apply to the department for

1-17     a grant from proceeds from bonds issued under Section 2306.3531.

1-18     The department by rule shall establish procedures to apply for a

1-19     grant under this section.

1-20           (d)  A municipality or county may contract with a private

1-21     nonprofit corporation, as defined by the Texas Non-Profit

1-22     Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil

1-23     Statutes), to operate a facility constructed or equipped by a grant

1-24     under this section.

 2-1           SECTION 2.  Subchapter P, Chapter 2306, Government Code, is

 2-2     amended by adding Section 2306.3531 to read as follows:

 2-3           Sec. 2306.3531.  HOUSING FOR THE HOMELESS BONDS.  (a)  In

 2-4     addition to issuing other bonds under Subchapter P, the department

 2-5     may issue bonds in an amount not to exceed $50 million for the

 2-6     purposes provided by Section 2306.208.

 2-7           (b)  The bonds may be issued from time to time in one or more

 2-8     series or issues.

 2-9           (c)  The bonds shall be payable as to principal and interest

2-10     and redemption premium, if any, from money deposited in the reserve

2-11     fund as provided by Section 151.801, Tax Code.

2-12           (d)  The department shall keep records of bonds issued under

2-13     this section separate from records of other bonds the department

2-14     issues under this subchapter.

2-15           SECTION 3.  Section 151.801, Tax Code, is amended by amending

2-16     Subsection (a), redesignating existing Subsection (e) as Subsection

2-17     (f), and adding a new Subsection (e) to read as follows:

2-18           (a)  Except for the amounts allocated under Subsections (b),

2-19     [and] (c), and (e), all proceeds from the collection of the taxes

2-20     imposed by this chapter shall be deposited to the credit of the

2-21     general revenue fund.

2-22           (e)  Eight-tenths of one percent of the proceeds from the

2-23     collection of the taxes imposed by this chapter shall be deposited

2-24     to the credit of the Texas Department of Housing and Community

2-25     Affairs, housing finance division reserve fund as created in

2-26     Section 2306.207, Government Code.

2-27           (f)  In this section:

 3-1                 (1)  "Motor vehicle" means a trailer, a semitrailer, or

 3-2     a self-propelled vehicle in or by which a person or property can be

 3-3     transported upon a public highway.  "Motor vehicle" does not

 3-4     include a device moved only by human power or used exclusively on

 3-5     stationary rails or tracks, a farm machine, a farm trailer, a

 3-6     road-building machine, or a self-propelled vehicle used exclusively

 3-7     to move farm machinery, farm trailers, or road-building machinery.

 3-8                 (2)  "Sporting goods" means an item of tangible

 3-9     personal property designed and sold for use in a sport or sporting

3-10     activity, excluding apparel and footwear except that which is

3-11     suitable only for use in a sport or sporting activity, and

3-12     excluding board games, electronic games and similar devices,

3-13     aircraft and powered vehicles, and replacement parts and

3-14     accessories for any excluded item.

3-15           SECTION 4.  This Act takes effect September 1, 1997.

3-16           SECTION 5.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.