1-1     By:  McClendon (Senate Sponsor - Madla)               H.B. No. 2209
 1-2           (In the Senate - Received from the House April 29, 1999;
 1-3     April 30, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 6, 1999, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; May 6, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the ability of a public housing authority to use a
 1-9     public facility corporation to promote development of residential
1-10     housing and accomplish other public purposes.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter D, Chapter 392, Local Government Code,
1-13     is amended by adding Section 392.066 to read as follows:
1-14           Sec. 392.066.  PUBLIC FACILITY CORPORATION.  (a)  An
1-15     authority that creates a public facility corporation under the
1-16     Public Facility Corporation Act (Article 717s, Revised Statutes)
1-17     may, with or without consideration, for the purpose of providing
1-18     affordable housing or housing assistance, enter into an agreement
1-19     with, make a contribution to, make an investment in, enter into a
1-20     lease or exchange with, or make a mortgage or loan to the
1-21     corporation to:
1-22                 (1)  acquire, construct, rehabilitate, renovate,
1-23     repair, equip, furnish, or provide assistance to a residential
1-24     development described by Section 394.004 or a housing project; or
1-25                 (2)  accomplish another public purpose authorized by
1-26     law.
1-27           (b)  For the purpose of providing affordable housing or
1-28     housing assistance and for a purpose described by Subsection (a),
1-29     an authority described by Subsection (a) may also, with or without
1-30     consideration:
1-31                 (1)  transfer, convey, pledge, or otherwise use money,
1-32     personal or real property, or any other right or benefit to which
1-33     the authority is entitled under state or federal law; and
1-34                 (2)  pledge a right or benefit described by Subdivision
1-35     (1) to secure the payment of indebtedness issued by the public
1-36     facility corporation created by the authority.
1-37           (c)  For the purpose of providing affordable housing or
1-38     housing assistance, an authority may exercise a power granted by
1-39     Subsection (a) as necessary to:
1-40                 (1)  develop or diversify the economy of this state;
1-41                 (2)  reduce unemployment or underemployment in this
1-42     state;
1-43                 (3)  develop or expand commerce in this state; or
1-44                 (4)  promote another public purpose.
1-45           (d)  The powers granted by this section do not affect the
1-46     powers of an authority granted under the Public Facility
1-47     Corporation Act (Article 717s, Revised Statutes).
1-48           (e)  A housing development project or other program that uses
1-49     funds provided by an authority under this section must benefit
1-50     individuals and families whose incomes are not more than 60 percent
1-51     of the area median family income, adjusted for family size, as
1-52     determined by the United States Department of Housing and Urban
1-53     Development, in the same proportion that the funds provided by the
1-54     authority under this section bear to the overall cost of the
1-55     housing development project or other program.
1-56           SECTION 2.  The importance of this legislation and the
1-57     crowded condition of the calendars in both houses create an
1-58     emergency and an imperative public necessity that the
1-59     constitutional rule requiring bills to be read on three several
1-60     days in each house be suspended, and this rule is hereby suspended,
1-61     and that this Act take effect and be in force from and after its
1-62     passage, and it is so enacted.
1-63                                  * * * * *