1-1     By:  Ellis, Patterson                                 S.B. No. 1335

 1-2           (In the Senate - Filed March 13, 1997; March 18, 1997, read

 1-3     first time and referred to Committee on Economic Development;

 1-4     April 22, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 9, Nays 0; April 22, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1335                   By:  Ellis

 1-8                                   AN ACT

 1-9     relating to funding the housing trust fund.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 118.011, Local Government Code, is

1-12     amended by adding Subsection (e) to read as follows:

1-13           (e)  A county clerk shall collect an affordable housing fee

1-14     of $1 for each document filed for recording for which a fee is

1-15     charged as described by Section 118.012 or 118.013.  This fee is in

1-16     addition to any other fee charged for recording the document, and

1-17     the clerk shall collect the fee at the time the document is

1-18     presented for recording.

1-19           SECTION 2.  Subchapter B, Chapter 118, Local Government Code,

1-20     is amended by adding Section 118.0135 to read as follows:

1-21           Sec. 118.0135.  AFFORDABLE HOUSING FEE.  (a)  The county

1-22     clerk shall remit to the county treasurer the affordable housing

1-23     fee collected during a month in accordance with Section 118.011(e).

1-24     The county treasurer shall remit to the comptroller 90 cents of

1-25     each affordable housing fee not later than the 10th day after the

1-26     last day of each quarter.

1-27           (b)  The comptroller shall deposit amounts remitted to the

1-28     comptroller under this section to the housing trust fund

1-29     established under Section 2306.201, Government Code, for use in

1-30     accordance with the purposes of that fund.

1-31           (c)  The county shall retain the remaining 10 cents of each

1-32     affordable housing fee  to reimburse the county for the expense of

1-33     collecting and remitting the affordable housing fee.

1-34           SECTION 3.  Subsection (b), Section 2306.201, Government

1-35     Code, is amended to read as follows:

1-36           (b)  The fund consists of:

1-37                 (1)  appropriations or transfers made to the fund;

1-38                 (2)  money deposited to the fund under Section

1-39     118.0135, Local Government Code;

1-40                 (3)  unencumbered fund balances; and

1-41                 (4) [(3)]  public or private gifts or grants.

1-42           SECTION 4.  The change in law made by this Act applies only

1-43     to a document presented for recording to a county clerk on or after

1-44     the effective date of this Act.

1-45           SECTION 5.  This Act takes effect September 1, 1997.

1-46           SECTION 6.  The importance of this legislation and the

1-47     crowded condition of the calendars in both houses create an

1-48     emergency and an imperative public necessity that the

1-49     constitutional rule requiring bills to be read on three several

1-50     days in each house be suspended, and this rule is hereby suspended.

1-51                                  * * * * *