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 * * * * *