1-1 By: Armbrister S.B. No. 1852 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 18, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 13, Nays 0; April 18, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1852 By: Nelson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation and operation of the Texas Affordable 1-11 Housing Task Force. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 2306, Government Code, is amended by 1-14 adding Subchapter AA to read as follows: 1-15 SUBCHAPTER AA. TEXAS AFFORDABLE HOUSING TASK FORCE 1-16 Sec. 2306.615. GENERAL PROVISIONS. (a) The Texas 1-17 Affordable Housing Task Force is composed of 11 members appointed 1-18 by the governor and the director, who serves as an ex officio 1-19 member. The task force must include: 1-20 (1) one person representing home builders; 1-21 (2) one person representing the apartment industry; 1-22 (3) one person representing land developers; 1-23 (4) one person representing cities with a population 1-24 of over 20,000; 1-25 (5) one person representing cities with a population 1-26 of under 20,000; 1-27 (6) one person representing the lending industry; 1-28 (7) one person representing building code officials; 1-29 (8) one person representing public housing 1-30 authorities; 1-31 (9) one person representing community housing 1-32 development organizations recognized by the department; 1-33 (10) one person who is a low-income housing resident; 1-34 and 1-35 (11) one person representing the general public. 1-36 (b) A person is eligible for appointment to the task force 1-37 if the person is a registered voter of the state and the person, 1-38 other than a person representing local governments, does not hold 1-39 another public office. 1-40 (c) An elected or appointed official of a political 1-41 subdivision of the state appointed to the task force to represent 1-42 local governments serves as a member of the task force as an 1-43 additional or ex officio duty required by the member's other 1-44 official capacity, and the member's service on the task force is 1-45 not dual office holding. 1-46 (d) Appointments to the task force shall be made without 1-47 regard to race, color, disability, sex, religion, age, or national 1-48 origin and shall be made in a manner that produces representation 1-49 on the task force of different geographical regions of the state. 1-50 (e) The members of the task force shall elect a member to 1-51 serve as presiding officer of the task force. The task force shall 1-52 meet at the call of the presiding officer at least quarterly. 1-53 (f) A member of the task force is not entitled to 1-54 compensation or reimbursement of expenses. 1-55 (g) The department shall provide staff support to the task 1-56 force. The task force may select and use other advisors in 1-57 carrying out its duties under this subchapter. 1-58 (h) This subchapter expires and the Texas Affordable Housing 1-59 Task Force is abolished on December 31, 1998. 1-60 Sec. 2306.616. POWERS AND DUTIES. (a) The task force shall 1-61 evaluate regulations and policies relating to housing to identify 1-62 those regulations and policies that: 1-63 (1) unnecessarily increase the cost of constructing or 1-64 rehabilitating affordable housing; 2-1 (2) create barriers to affordable housing 2-2 opportunities for low-income Texans; or 2-3 (3) otherwise limit the availability of affordable 2-4 housing. 2-5 (b) The regulations and policies to be evaluated by the task 2-6 force include: 2-7 (1) zoning provisions; 2-8 (2) deed restrictions; 2-9 (3) impact fees and other development fees; 2-10 (4) permitting processes; 2-11 (5) restrictions on the use of affordable housing 2-12 options, including manufactured and modular housing, accessory 2-13 apartments, self-help housing initiatives, development of housing 2-14 by community-based nonprofit housing corporations, and single-room 2-15 occupancy units; 2-16 (6) building codes; 2-17 (7) overlapping or duplicative governmental authority 2-18 over housing construction; 2-19 (8) environmental regulations; and 2-20 (9) practices which impede access to affordable 2-21 housing and finance opportunities. 2-22 (c) The task force shall make recommendations designed to 2-23 increase the availability of affordable housing throughout the 2-24 state based on its review and evaluation under Subsections (a) and 2-25 (b). The recommendations may include: 2-26 (1) recognition of affordable housing as a state 2-27 priority; 2-28 (2) establishment of procedures for reconciling 2-29 regulations and policies with statewide affordable housing goals; 2-30 (3) resolution of disputes relating to land 2-31 development; 2-32 (4) establishment of statewide standards that support 2-33 affordable housing; 2-34 (5) elimination of discrimination against particular 2-35 affordable housing options; 2-36 (6) recommendations of innovative approaches which 2-37 promote construction, rehabilitation, or maintenance of affordable 2-38 housing; 2-39 (7) revision of local regulations and policies 2-40 relating to housing in a manner that decreases the cost of 2-41 constructing or rehabilitating affordable housing or otherwise 2-42 increases the availability of affordable housing while ensuring 2-43 public health and safety; 2-44 (8) the role of community-based nonprofit housing 2-45 development corporations in providing affordable housing; and 2-46 (9) sales, leasing, and lending practices which affect 2-47 affordability. 2-48 Sec. 2306.617. REPORT ON EVALUATION AND RECOMMENDATIONS. 2-49 Not later than December 31, 1998, the task force shall submit a 2-50 report to the governor, the presiding officer of each house of the 2-51 legislature, the board, and appropriate state agencies that: 2-52 (1) identifies regulations and policies that 2-53 unnecessarily increase the cost of housing or otherwise adversely 2-54 affect the availability of affordable housing; and 2-55 (2) provides recommendations, including proposals for 2-56 legislative action, for revising the regulations and policies 2-57 identified in Subdivision (1) to promote the availability of 2-58 affordable housing. 2-59 SECTION 2. This Act takes effect September 1, 1997. 2-60 SECTION 3. The importance of this legislation and the 2-61 crowded condition of the calendars in both houses create an 2-62 emergency and an imperative public necessity that the 2-63 constitutional rule requiring bills to be read on three several 2-64 days in each house be suspended, and this rule is hereby suspended. 2-65 * * * * *