AN ACT
1-1 relating to the creation and operation of the Texas Affordable
1-2 Housing Task Force.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 2306, Government Code, is amended by
1-5 adding Subchapter AA to read as follows:
1-6 SUBCHAPTER AA. TEXAS AFFORDABLE HOUSING TASK FORCE
1-7 Sec. 2306.615. GENERAL PROVISIONS. (a) The Texas
1-8 Affordable Housing Task Force is composed of 11 members appointed
1-9 by the governor and the director, who serves as an ex officio
1-10 member. The task force must include:
1-11 (1) one person representing home builders;
1-12 (2) one person representing the apartment industry;
1-13 (3) one person representing land developers;
1-14 (4) one person representing cities with a population
1-15 of over 20,000;
1-16 (5) one person representing cities with a population
1-17 of under 20,000;
1-18 (6) one person representing the lending industry;
1-19 (7) one person representing building code officials;
1-20 (8) one person representing public housing
1-21 authorities;
1-22 (9) one person representing community housing
1-23 development organizations recognized by the department;
2-1 (10) one person who is a low-income housing resident;
2-2 and
2-3 (11) one person representing the general public.
2-4 (b) A person is eligible for appointment to the task force
2-5 if the person is a registered voter of the state and the person,
2-6 other than a person representing local governments, does not hold
2-7 another public office.
2-8 (c) An elected or appointed official of a political
2-9 subdivision of the state appointed to the task force to represent
2-10 local governments serves as a member of the task force as an
2-11 additional or ex officio duty required by the member's other
2-12 official capacity, and the member's service on the task force is
2-13 not dual office holding.
2-14 (d) Appointments to the task force shall be made without
2-15 regard to race, color, disability, sex, religion, age, or national
2-16 origin and shall be made in a manner that produces representation
2-17 on the task force of different geographical regions of the state.
2-18 (e) The members of the task force shall elect a member to
2-19 serve as presiding officer of the task force. The task force shall
2-20 meet at the call of the presiding officer at least quarterly.
2-21 (f) A member of the task force is not entitled to
2-22 compensation or reimbursement of expenses.
2-23 (g) The department shall provide staff support to the task
2-24 force. The task force may select and use other advisors in
2-25 carrying out its duties under this subchapter.
3-1 (h) This subchapter expires and the Texas Affordable Housing
3-2 Task Force is abolished on December 31, 1998.
3-3 Sec. 2306.616. POWERS AND DUTIES. (a) The task force shall
3-4 evaluate regulations and policies relating to housing to identify
3-5 those regulations and policies that:
3-6 (1) unnecessarily increase the cost of constructing or
3-7 rehabilitating affordable housing;
3-8 (2) create barriers to affordable housing
3-9 opportunities for low-income Texans; or
3-10 (3) otherwise limit the availability of affordable
3-11 housing.
3-12 (b) The regulations and policies to be evaluated by the task
3-13 force include:
3-14 (1) zoning provisions;
3-15 (2) deed restrictions;
3-16 (3) impact fees and other development fees;
3-17 (4) permitting processes;
3-18 (5) restrictions on the use of affordable housing
3-19 options, including manufactured and modular housing, accessory
3-20 apartments, self-help housing initiatives, development of housing
3-21 by community-based nonprofit housing corporations, and single-room
3-22 occupancy units;
3-23 (6) building codes;
3-24 (7) overlapping or duplicative governmental authority
3-25 over housing construction;
4-1 (8) environmental regulations; and
4-2 (9) practices which impede access to affordable
4-3 housing and finance opportunities.
4-4 (c) The task force shall make recommendations designed to
4-5 increase the availability of affordable housing throughout the
4-6 state based on its review and evaluation under Subsections (a) and
4-7 (b). The recommendations may include:
4-8 (1) recognition of affordable housing as a state
4-9 priority;
4-10 (2) establishment of procedures for reconciling
4-11 regulations and policies with statewide affordable housing goals;
4-12 (3) resolution of disputes relating to land
4-13 development;
4-14 (4) establishment of statewide standards that support
4-15 affordable housing;
4-16 (5) elimination of discrimination against particular
4-17 affordable housing options;
4-18 (6) recommendations of innovative approaches which
4-19 promote construction, rehabilitation, or maintenance of affordable
4-20 housing;
4-21 (7) revision of local regulations and policies
4-22 relating to housing in a manner that decreases the cost of
4-23 constructing or rehabilitating affordable housing or otherwise
4-24 increases the availability of affordable housing while ensuring
4-25 public health and safety;
5-1 (8) the role of community-based nonprofit housing
5-2 development corporations in providing affordable housing; and
5-3 (9) sales, leasing, and lending practices which affect
5-4 affordability.
5-5 Sec. 2306.617. REPORT ON EVALUATION AND RECOMMENDATIONS.
5-6 Not later than December 31, 1998, the task force shall submit a
5-7 report to the governor, the presiding officer of each house of the
5-8 legislature, the board, and appropriate state agencies that:
5-9 (1) identifies regulations and policies that
5-10 unnecessarily increase the cost of housing or otherwise adversely
5-11 affect the availability of affordable housing; and
5-12 (2) provides recommendations, including proposals for
5-13 legislative action, for revising the regulations and policies
5-14 identified in Subdivision (1) to promote the availability of
5-15 affordable housing.
5-16 SECTION 2. This Act takes effect September 1, 1997.
5-17 SECTION 3. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1852 passed the Senate on
April 28, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1852 passed the House on
May 27, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor