HBA-MPA H.B. 1366 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1366 By: Burnam County Affairs 3/23/1999 Introduced BACKGROUND AND PURPOSE There is concern that the housing needs of low-income Texans are not being adequately addressed. With decreases in federal spending on affordable housing, there may be a need for a reliable funding source for the housing trust fund. H.B. 1366 places a $1 affordable housing fee on real property and personal property documents filed with the county clerk, and sets forth requirements for collecting and depositing the fee at the county level. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 118.011, Local Government Code, by adding Subsection (e), to require a county clerk to collect an affordable housing fee of $1 for each document filed for recording for which a fee is charged under Section 118.012 (Personal Property Records Filing), or 118.013 (Real Property Records Filing). Requires the clerk to collect the fee at the time the document is filed and provides that the fee is in addition to any other fee charged. SECTION 2. Amends Subchapter B, Chapter 118, Local Government Code, by adding Section 118.0115, as follows: Sec. 118.0115. AFFORDABLE HOUSING FEE. (a) Requires the county clerk to remit to the county treasurer, no later than the10th day after the last day of each month, the affordable housing fees collected during that month. (b) Requires the county treasurer to remit to the comptroller, no later than the 15th day after the last day of each quarter, 90 cents of each dollar collected as an affordable housing fee under Section 118.011, Local Government Code, for that quarter. Requires the county clerk to retain ten cents of each dollar collected as an affordable housing fee to reimburse county expenses associated with collecting and remitting the fee. (c) Requires the comptroller to deposit amounts received under Subsection (b) to the housing trust fund established under Section 2306.201 (Housing Trust Fund), Government Code, for use according to the purposes of that fund. SECTION 3. Amends Section 2306.201(b), Government Code, to make conforming and nonsubstantive changes. SECTION 4. Makes application of this Act prospective. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.