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.

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