SRC-JXG S.B. 1703 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1703
76R3565 DB-DBy: Ellis
Border Affairs - Special
4/13/1999
As Filed


DIGEST 

Owner-built houses can result in substandard housing for persons who lack
the financing or skills to produce an adequate structure. Private activity
bonds are tax-exempt bonds that benefit private individuals or businesses
and are Texas' largest source of affordable housing funds. S.B. 1703 would
increase affordable housing funds by recapturing and recycling eligible
portions of the state's bond cap that relate to private activity bonds sold
by local issuers and scheduled for repayment or redemption. 

PURPOSE

As proposed, S.B. 1703 provides loan assistance to low-income individuals
and their families. 

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 Chapter 2306, Government Code, by adding Subchapter FF,
as follows: 

SUBCHAPTER FF. INTERIM CONSTRUCTION LOAN PROGRAM

 Sec. 2306.751. DEFINITIONS. Defines "construction supply company" and
"owner-builder." 

Sec. 2306.752. INTERIM CONSTRUCTION LOAN PROGRAM. Requires the Texas
Department of Housing and Community Affairs (TDHCA) to meet certain
requirements to provide for the development of affordable housing in this
state. Authorizes an interim construction loan under this program to
provide resources to build new residential hearing, or develop, renovate,
or otherwise make improvements to existing residential housing. Authorizes
TDHCA to adopt rules necessary to accomplish the purposes of this
subchapter.  

Sec. 2306.753. PARTICIPATION AGREEMENT. Requires TDHCA to enter into a
participation agreement with one or more construction supply companies to
provide loan guarantees from TDHCA for interim construction loans made by
the construction supply companies to eligible owner-builders under the
program, under this subchapter. Authorizes TDHCA, by rule, to establish a
threshold limit for the percentage of an interim construction loan that
TDHCA guarantees under the program that is based on the estimated value of
the property after the improvements to the property are completed.
Prohibits TDHCA from agreeing to a guarantee for an interim builder loan
issued to an owner-builder by a participating construction supply company
that exceeds that threshold. Prohibits TDHCA from making an agreement with
a construction supply company under the program unless TDHCA is allowed to
annually renegotiate the guarantee percentage for an interim construction
loan issued by the construction supply company. Requires TDHCA to
renegotiate the terms of an interim construction loan guarantee when
possible to obtain a better guarantee percentage for the state from the
construction supply company. Authorizes a participating construction supply
company to require an owner-builder to provide a warranty deed for the
property that is the proposed subject of the interim construction loan as
collateral for the loan. 
 
Sec. 2306.754. OWNER-BUILDER ELIGIBILITY. Requires TDHCA to establish
eligibility requirements for owner-builders to participate in the program.
Requires the eligibility requirements to include a priority for
owner-builders who are individuals or families of low, very low, or
extremely low income. Authorizes TDHCA to select nonprofit housing
assistance organizations to certify the eligibility of owner-builders to
participate in the interim construction loan program. Requires a nonprofit
housing assistance organization selected by TDHCA to use the eligibility
requirements established by TDHCA to certify the eligibility of an
owner-builder for the program.  

Sec. 2306.755. CONSTRUCTION SUPPLY COMPANY DUTIES. Sets forth duties for
construction supply companies that participate in the program.    

Sec. 2306.756. REFINANCING ASSISTANCE. Requires TDHCA to assist an
ownerbuilder who obtains an interim construction loan under the program to
refinance the loan to pay the balance of the interim construction loan and
other debts on the property; and obtain a mortgage loan on the improved
property. Requires TDHCA to identify private lenders to provide private
market rate mortgages for low-income owner-builders who obtain loans under
the program; and nonprofit housing assistance organizations and housing
assistance programs to aid owner-builders who do not qualify for private
market-rate mortgages.  

Sec. 2306.757. FUNDING. Prohibits TDHCA from spending state money to fund a
loan guarantee issued under this subchapter. Requires TDHCA to identify
funds that are appropriate for the program. Authorizes TDHCA to cooperate
with nonprofit housing assistance organizations to establish loan guarantee
pools that may be used to obtain loans for the purposes of this subchapter. 

Sec. 2306.758. REPORTING DUTIES. Requires TDHCA to compose an annual report
that evaluates the repayment history and coinciding guarantee percentages
for guarantees issued under a program under this subchapter; and deliver a
copy of the report to the governor, the lieutenant governor, and the
speaker of the house or representatives. 

SECTION 2. Amends Chapter 2306K, Government Code, by adding Section
2306.255, as follows: 

Sec. 2306.255. CONTRACT FOR DEED CONVERSION PROGRAM. Provides that in this
section, "office" means the office established by TDHCA to promote
initiatives for colonias. Requires the office to establish a program to
guarantee loans made by private lenders to convert a contract for deed into
a warranty deed. Requires TDHCA to make agreements with private lenders
that will issue loans for contract conversions under the guarantee of
TDHCA. Requires the office and the lender to agree on the criteria for
issuing a deed conversion loan. Prohibits the office from making an
agreement with a lender unless the agreement allows the office to annually
renegotiate the guarantee percentage for a loan issued by the lender.
Requires the office to renegotiate the terms of a guarantee when possible
to obtain a better guarantee percentage for the state from the lender.
Requires the office to establish eligibility criteria for a holder of a
contract for deed who participates in this program. Requires the criteria
to include a priority for homeowners and owners of residential real
property who are individuals or families of low, very low, or extremely low
income. Requires the office to use funds allocated to TDHCA under the
federal HOME Investment Partnerships program established under Title II of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section
12701 et seq.) for a guarantee issued under this section. Prohibits the
office from spending state money to fund a guarantee for a loan under the
program. Authorizes the office to use the services of the Texas State
Affordable Housing Corporation when necessary to accomplish the purposes of
this section. Requires the office to compose an annual report that
evaluates the repayment history and coinciding guarantee percentages for
guarantees issued under this section, and deliver a copy of the report of
the report to the governor, the lieutenant governor, and the speaker of the
house of representatives. Authorizes TDHCA to adopt rules necessary to
accomplish the purposes of this section. 

SECTION 3. (a) Effective date: September 1, 1999.

 (b) Requires TDHCA to deliver the first report required by Section
2306.758, Government Code, as added by this Act, no later than January 1,
2001. 
 
(c) Requires the office established by TDHCA to promote initiatives for
colonias to deliver the first report required by Section 2306.255(h),
Government Code, as added by this Act, no later than January 1, 2001. 

SECTION 4. Emergency clause.