By Farrar                                        H.B. No. 421

      75R1569 KKA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to financial assistance for very low income first-time

 1-3     home buyers funded through the imposition of a fee on certain real

 1-4     estate transactions.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 5, Property Code, is amended by adding

 1-7     Subchapter Z to read as follows:

 1-8       SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS RELATING TO CONVEYANCES

 1-9           Sec. 5.901.  HOME OWNERSHIP ASSISTANCE FEE.  (a)  This

1-10     section applies to a conveyance of real property by sale for a

1-11     purchase price of $80,000 or more.

1-12           (b)  A title company or other closing agent shall collect at

1-13     the closing of the purchase of property subject to this section a

1-14     fee of $10.

1-15           (c)  A fee collected under this section shall be deposited in

1-16     the housing trust fund in accordance with Section 2306.2021,

1-17     Government Code.

1-18           SECTION 2.  Section 2306.201(b), Government Code, is amended

1-19     to read as follows:

1-20           (b)  The fund consists of:

1-21                 (1)  appropriations or transfers made to the fund;

1-22                 (2)  unencumbered fund balances; [and]

1-23                 (3)  money deposited under Section 5.901, Property

1-24     Code; and

 2-1                 (4)  public or private gifts or grants.

 2-2           SECTION 3.  Section 2306.202(b), Government Code, is amended

 2-3     to read as follows:

 2-4           (b)  Use of the fund is limited to providing:

 2-5                 (1)  assistance for individuals and families of low and

 2-6     very low income, including assistance provided under Section

 2-7     2306.2021; and

 2-8                 (2)  technical assistance and capacity building to

 2-9     nonprofit organizations engaged in developing housing for

2-10     individuals and families of low and very low income.

2-11           SECTION 4.  Subchapter I, Chapter 2306, Government Code, is

2-12     amended by adding Section 2306.2021 to read as follows:

2-13           Sec. 2306.2021.  DOWN PAYMENT AND CLOSING COSTS ASSISTANCE.

2-14     (a)  The department, through the housing finance division, shall

2-15     use money deposited in the housing trust fund under Section 5.901,

2-16     Property Code, to make grants to individuals and families of very

2-17     low income for the payment of down payment and closing costs

2-18     associated with the purchase of a home in this state.  The

2-19     department may use a portion of the money to pay the costs of

2-20     administering the grants.

2-21           (b)  The department may not:

2-22                 (1)  make a grant to a person who has previously owned

2-23     a home; or

2-24                 (2)  make a grant in excess of $10,000 to a single

2-25     individual or family.

2-26           (c)  If a person sells the home purchased with the assistance

2-27     of a grant before the fifth anniversary of the purchase date, the

 3-1     person shall reimburse the department the following amount to be

 3-2     deposited in the housing trust fund for use in accordance with this

 3-3     section:

 3-4     Time elapsed since date of purchase     % of grant to be reimbursed

 3-5     Less than one year                                  100

 3-6     One year or longer, but less than

 3-7     two years                                            80

 3-8     Two years or longer, but less than

 3-9     three years                                          60

3-10     Three years or longer, but less than

3-11     four years                                           40

3-12     Four years or longer, but less than

3-13     five years                                           20

3-14           (d)  The department has a lien against a home purchased with

3-15     the assistance of a grant made under this section.  The grant

3-16     constitutes part of the purchase money used to acquire the home for

3-17     purposes of any provision in the Texas Constitution relating to

3-18     homestead property.  The amount of the lien corresponds to the

3-19     amount required to be reimbursed to the department under the

3-20     schedule set out in Subsection (c).  The lien expires on the fifth

3-21     anniversary of the purchase date of the home.  Any money received

3-22     by the department arising from a lien under this section shall be

3-23     deposited in the housing trust fund for use in accordance with this

3-24     section.

3-25           (e)  The department shall file a written notice of a lien

3-26     created under Subsection (d) in recordable form in the office of

3-27     the county clerk of the county in which the home is located.  The

 4-1     notice must contain a legal description of the home.

 4-2           (f)  The department:

 4-3                 (1)  shall file a notice releasing a lien created under

 4-4     Subsection (d) with the county clerk of the county in which the

 4-5     lien notice was filed not later than the 30th day after the earlier

 4-6     of:

 4-7                       (A)  the fifth anniversary of the purchase date

 4-8     of the home secured by the lien; or

 4-9                       (B)  the date on which the amount required to be

4-10     paid  under Subsection (c) is received by the department; and

4-11                 (2)  may file a notice releasing the lien before the

4-12     fifth anniversary of the purchase date of the home secured by the

4-13     lien without receiving the amount required to be paid under

4-14     Subsection (c) if the department determines that:

4-15                       (A)  the proposed transfer of the home secured by

4-16     the lien is reasonable; and

4-17                       (B)  money is unavailable to pay the lien.

4-18           (g)  The board shall adopt rules governing the administration

4-19     of grants as provided by Section 2306.203.  The board may determine

4-20     that a rule specifically required by Section 2306.203 is

4-21     inappropriate and inapplicable to the administration of grants

4-22     under this section.

4-23           (h)  In this section, "home" means real property and

4-24     improvements on that property consisting of not more than four

4-25     dwelling units, including a condominium unit, in which a person

4-26     intends to reside as the person's principal residence.

4-27           SECTION 5.  This Act takes effect January 1, 1998, but only

 5-1     if the constitutional amendment proposed by the 75th Legislature,

 5-2     Regular Session, 1997, authorizing the state to provide grants to

 5-3     assist persons of low or very low income in purchasing homes is

 5-4     approved by the voters.  If that amendment is not approved by the

 5-5     voters, this Act has no effect.

 5-6           SECTION 6.  The importance of this legislation and the

 5-7     crowded condition of the calendars in both houses create an

 5-8     emergency and an imperative public necessity that the

 5-9     constitutional rule requiring bills to be read on three several

5-10     days in each house be suspended, and this rule is hereby suspended.