SRC-JXG S.B. 327 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 327
76R3788 KEL-FBy: Ellis
Intergovernmental Relations
2/26/1999
As Filed


DIGEST 

Currently, Texas law does not require a fee to be charged on real property
or personal property documents filed with the county clerk. Federal
affordable housing programs have been cut in recent years; however, Texas
needs affordable housing programs for low and moderate income families.
This bill would create an affordable housing fee of $1 for each real
property or personal property document filed with the county clerk, and
would require the comptroller to deposit the funds collected from the fee
into the housing trust fund. 

PURPOSE

As proposed, S.B. 327 requires a county clerk to collect an affordable
housing fee of $1 for each real property or personal property document
filed for recording.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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
as described by Section 118.012 or 118.013. Requires this fee to be in
addition to any other fee charged for recording the document, and requires
the clerk to collect the fee at the time the document is presented for
recording. 

SECTION 2. Amends Chapter 118B, Local Government Code, by adding Section
118.0115, as follows: 

Sec. 118.0115. AFFORDABLE HOUSING FEE. Requires the county clerk to remit
to the county treasurer the affordable housing fees collected under Section
118.011(e) during that month no later than the 10th day after the last day
of each month. Requires the county treasurer to remit to the comptroller 90
cents of each affordable housing fee received under Subsection (a) for that
quarter, no later than the 15th day after the last day of each quarter.
Requires the county treasurer to retain 10 cents of each fee to reimburse
the county for expenses associated with collecting and remitting the fee.
Requires the comptroller to deposit amounts received under Subsection (b)
to the housing trust fund established under Section 2306.201, Government
Code, for use in accordance with the purposes of that fund.  

SECTION 3. Amends Section 2306.201(b), Government Code, to provide that the
housing trust fund consists of money deposited under Section 118.0115,
Local Government Code, among other amounts. Makes conforming changes. 

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.