By Burnam H.B. No. 1366
76R3788 KEL-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to funding the housing trust fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 118.011, Local Government Code, is
1-5 amended by adding Subsection (e) to read as follows:
1-6 (e) A county clerk shall collect an affordable housing fee
1-7 of $1 for each document filed for recording for which a fee is
1-8 charged as described by Section 118.012 or 118.013. This fee is
1-9 in addition to any other fee charged for recording the document,
1-10 and the clerk shall collect the fee at the time the document is
1-11 presented for recording.
1-12 SECTION 2. Subchapter B, Chapter 118, Local Government Code,
1-13 is amended by adding Section 118.0115 to read as follows:
1-14 Sec. 118.0115. AFFORDABLE HOUSING FEE. (a) Not later than
1-15 the 10th day after the last day of each month, the county clerk
1-16 shall remit to the county treasurer the affordable housing fees
1-17 collected under Section 118.011(e) during that month.
1-18 (b) Not later than the 15th day after the last day of each
1-19 quarter, the county treasurer shall remit to the comptroller 90
1-20 cents of each affordable housing fee received under Subsection (a)
1-21 for that quarter. The county treasurer shall retain 10 cents of
1-22 each fee to reimburse the county for expenses associated with
1-23 collecting and remitting the fee.
1-24 (c) The comptroller shall deposit amounts received under
2-1 Subsection (b) to the housing trust fund established under Section
2-2 2306.201, Government Code, for use in accordance with the purposes
2-3 of that fund.
2-4 SECTION 3. Section 2306.201(b), Government Code, is amended
2-5 to read as follows:
2-6 (b) The fund consists of:
2-7 (1) appropriations or transfers made to the fund;
2-8 (2) money deposited to the fund under Section
2-9 118.0115, Local Government Code;
2-10 (3) unencumbered fund balances;
2-11 (4) [(3)] public or private gifts or grants;
2-12 (5) [(4)] investment income; and
2-13 (6) [(5)] funds from any other source.
2-14 SECTION 4. The change in law made by this Act applies only
2-15 to a document presented for recording to a county clerk on or after
2-16 the effective date of this Act. A document presented for recording
2-17 before the effective date of this Act is governed by the law as it
2-18 existed immediately before the effective date of this Act and that
2-19 law is continued in effect for that purpose.
2-20 SECTION 5. This Act takes effect September 1, 1999.
2-21 SECTION 6. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.