By Hill H.B. No. 2574
75R7071 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and operation of the Texas Affordable
1-3 Housing Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle G, Title 10, Government Code, is amended
1-6 by adding Chapter 2310 to read as follows:
1-7 CHAPTER 2310. TEXAS AFFORDABLE HOUSING COMMISSION
1-8 SUBCHAPTER A. GENERAL PROVISIONS; ORGANIZATION OF COMMISSION
1-9 Sec. 2310.001. DEFINITIONS. In this chapter:
1-10 (1) "Board" means the Texas Affordable Housing
1-11 Commission Board.
1-12 (2) "Commission" means the Texas Affordable Housing
1-13 Commission.
1-14 Sec. 2310.002. TEXAS AFFORDABLE HOUSING COMMISSION. The
1-15 Texas Affordable Housing Commission is an agency of this state.
1-16 Sec. 2310.003. SUNSET PROVISION. The Texas Affordable
1-17 Housing Commission is subject to Chapter 325 (Texas Sunset Act).
1-18 Unless continued in existence as provided by that chapter, the
1-19 commission is abolished and this chapter expires September 1, 2001.
1-20 Sec. 2310.004. TEXAS AFFORDABLE HOUSING COMMISSION BOARD.
1-21 (a) The Texas Affordable Housing Commission Board is composed of
1-22 12 members appointed by the governor with the advice and consent of
1-23 the senate. The board must include:
1-24 (1) one person representing home builders or land
2-1 developers;
2-2 (2) one person representing the apartment industry;
2-3 (3) one person representing subcontractors;
2-4 (4) one person representing materialmen;
2-5 (5) one person representing the lending industry;
2-6 (6) one person representing title companies;
2-7 (7) one person representing public housing
2-8 authorities;
2-9 (8) one person representing realtors;
2-10 (9) one person representing community-based nonprofit
2-11 housing organizations;
2-12 (10) one person representing local governments; and
2-13 (11) two persons representing the general public.
2-14 (b) A person is eligible for appointment to the board if the
2-15 person is a registered voter of the state and the person, other
2-16 than the person representing local governments, does not hold
2-17 another public office.
2-18 (c) An elected or appointed official of a political
2-19 subdivision of the state appointed to the board to represent local
2-20 governments is a member of the board as an additional or ex officio
2-21 duty required by the member's other official capacity, and the
2-22 member's service on the board is not dual office holding.
2-23 (d) Appointments to the board shall be made without regard
2-24 to race, color, disability, sex, religion, age, or national origin
2-25 and shall be made in a manner that produces representation on the
2-26 commission of different geographical regions of the state.
2-27 (e) Members of the board serve for staggered terms of six
3-1 years with the terms of four members expiring on February 1 of each
3-2 odd-numbered year.
3-3 (f) Annually, the members of the board shall elect a member
3-4 of the board to serve as presiding officer.
3-5 (g) A member is not entitled to compensation but is entitled
3-6 to reimbursement of expenses incurred by the member while
3-7 conducting commission business, as provided in the General
3-8 Appropriations Act.
3-9 Sec. 2310.005. BOARD MEETINGS. (a) The board may hold
3-10 meetings at the call of the presiding officer.
3-11 (b) The presiding officer shall call meetings at least
3-12 quarterly.
3-13 Sec. 2310.006. ADVISORS AND STAFF. (a) The commission may
3-14 select and use advisors in carrying out the commission's duties
3-15 under this chapter.
3-16 (b) Subject to available resources, the Texas Department of
3-17 Housing and Community Affairs shall provide necessary clerical and
3-18 advisory support staff to the commission.
3-19 [Sections 2310.007-2310.020 reserved for expansion]
3-20 SUBCHAPTER B. POWERS AND DUTIES
3-21 Sec. 2310.021. EVALUATION OF REGULATIONS AND POLICIES
3-22 RELATING TO HOUSING. (a) The commission shall evaluate state and
3-23 local regulations and policies relating to housing to identify
3-24 those regulations and policies that:
3-25 (1) unnecessarily increase the costs of constructing
3-26 or rehabilitating affordable housing; or
3-27 (2) otherwise limit the availability of affordable
4-1 housing.
4-2 (b) The regulations and policies to be evaluated by the
4-3 commission include:
4-4 (1) zoning provisions;
4-5 (2) deed restrictions;
4-6 (3) impact fees and other development fees;
4-7 (4) permitting processes;
4-8 (5) restrictions on the use of affordable housing
4-9 options, including manufactured and modular housing, accessory
4-10 apartments, and single-room occupancy units;
4-11 (6) building codes;
4-12 (7) overlapping or duplicative governmental authority
4-13 over housing construction; and
4-14 (8) environmental regulations.
4-15 Sec. 2310.022. STATEWIDE HOUSING POLICY. The commission
4-16 shall use the results of the evaluation required by Section
4-17 2310.021 to establish a statewide housing policy.
4-18 Sec. 2310.023. ESTABLISHMENT AND PROMOTION OF AFFORDABLE
4-19 HOUSING GOALS. The commission shall establish and promote
4-20 affordable housing goals designed to increase the availability of
4-21 affordable housing throughout the state. The goals may include:
4-22 (1) recognition of affordable housing as a state
4-23 priority;
4-24 (2) establishment of procedures for reconciling local
4-25 regulations and policies with statewide affordable housing goals;
4-26 (3) resolution of disputes relating to land
4-27 development;
5-1 (4) establishment of statewide standards that support
5-2 affordable housing;
5-3 (5) elimination of discrimination against particular
5-4 affordable housing options; and
5-5 (6) provision of state financial incentives for the:
5-6 (A) construction, rehabilitation, or maintenance
5-7 of affordable housing; and
5-8 (B) revision of local regulations and policies
5-9 relating to housing in a manner that decreases the costs of
5-10 constructing or rehabilitating affordable housing or otherwise
5-11 increases the availability of affordable housing.
5-12 Sec. 2310.024. COLLECTION OF INFORMATION. The commission
5-13 shall collect information relating to state and local policies
5-14 evaluated under Section 2310.021 and make that information
5-15 available to the public.
5-16 Sec. 2310.025. REPORT ON EVALUATION AND RECOMMENDATIONS.
5-17 Not later than August 31 of each even-numbered year, the commission
5-18 shall submit to the governor and the presiding officer of each
5-19 house of the legislature a report that includes:
5-20 (1) a statement of the statewide housing policy
5-21 established under Section 2310.022;
5-22 (2) a list of state and local regulations and policies
5-23 that unnecessarily increase the cost of housing or otherwise
5-24 adversely affect the availability of affordable housing; and
5-25 (3) recommendations, including proposals for
5-26 legislative action, for revising the regulations and policies
5-27 identified in Subdivision (2) to promote the availability of
6-1 affordable housing.
6-2 Sec. 2310.026. ANNUAL FUNDS REPORT. The commission shall
6-3 file annually with the governor and the presiding officer of each
6-4 house of the legislature a complete and detailed written report
6-5 accounting for all funds received and disbursed by the commission
6-6 during the preceding fiscal year.
6-7 Sec. 2310.027. FINANCIAL AUDIT. The financial transactions
6-8 of the commission are subject to audit by the state auditor in
6-9 accordance with Chapter 321.
6-10 Sec. 2310.028. RULES. The board shall adopt rules necessary
6-11 to carry out the commission's powers and duties under this chapter.
6-12 Sec. 2310.029. GIFTS AND GRANTS. The commission may accept
6-13 a gift or grant from a public or private source to perform any of
6-14 the commission's powers or duties.
6-15 Sec. 2310.030. CONTRACTS. The commission may enter into
6-16 contracts as necessary to perform any of the commission's powers or
6-17 duties.
6-18 Sec. 2310.031. GENERAL POWERS AND DUTIES. The commission
6-19 has all the powers and duties necessary to administer this chapter.
6-20 SECTION 2. As soon as possible after the effective date of
6-21 this Act, the governor shall appoint the members of the Texas
6-22 Affordable Housing Commission Board. The governor shall appoint
6-23 four members to serve terms expiring on February 1, 1999, four
6-24 members to serve terms expiring on February 1, 2001, and four
6-25 members to serve terms expiring on February 1, 2003.
6-26 SECTION 3. This Act takes effect September 1, 1997.
6-27 SECTION 4. The importance of this legislation and the
7-1 crowded condition of the calendars in both houses create an
7-2 emergency and an imperative public necessity that the
7-3 constitutional rule requiring bills to be read on three several
7-4 days in each house be suspended, and this rule is hereby suspended.