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.