By Naishtat                                           H.B. No. 3339
         76R2186 DB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a program of the Texas Department of Housing and
 1-3     Community Affairs to promote for-profit construction of affordable
 1-4     homes for low income homebuyers.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 2306, Government Code, is amended by
 1-7     adding Subchapter EE to read as follows:
 1-8            SUBCHAPTER EE. BUILDER INCENTIVE PARTNERSHIP PROGRAM
 1-9           Sec. 2306.701.  DEFINITIONS.  In this subchapter:
1-10                 (1)  "Builder" means a person who builds or develops a
1-11     housing subdivision.
1-12                 (2)  "Cooperative purchase agreement" means an
1-13     agreement described by Section 2306.705.
1-14                 (3)  "Corporation" means the Texas State Affordable
1-15     Housing Corporation.
1-16                 (4)  "Cost plus profit structure" means a profit
1-17     structure that sets a fixed monetary profit due for the sale of a
1-18     home as opposed to a profit structure that sets a variable amount
1-19     of profit due for the sale of a home that is based on a percentage
1-20     of the sale price of the home.
1-21                 (5)  "Program" means the builder incentive partnership
1-22     program developed under this subchapter.
1-23           Sec. 2306.702.  BUILDER INCENTIVE PARTNERSHIP PROGRAM.  (a)
1-24     The department shall develop and maintain a builder incentive
 2-1     partnership program to provide for the development of affordable
 2-2     housing subdivisions in this state.
 2-3           (b)  To accomplish the goals of this subchapter, the
 2-4     department shall:
 2-5                 (1)  determine geographic areas that are in need of
 2-6     affordable housing;
 2-7                 (2)  provide for affordable housing development
 2-8     projects in those areas by entering into a partnership agreement
 2-9     with:
2-10                       (A)  an eligible builder or developer; and
2-11                       (B)  housing assistance agencies or other
2-12     nonprofit entities that provide housing assistance to low income
2-13     homebuyers; and
2-14                 (3)  work with the corporation, the builder or
2-15     developer, or housing assistance agencies or other nonprofit
2-16     entities that provide housing assistance to low income homebuyers
2-17     to obtain housing assistance for homebuyers who purchase homes
2-18     built under the program.
2-19           Sec. 2306.703.  BUILDER PARTNERSHIP AGREEMENT.  (a)  Under a
2-20     partnership agreement for a specific project, the department and
2-21     the builder must agree to:
2-22                 (1)  a guaranteed purchase agreement in which the
2-23     department agrees to guarantee a negotiated portion of the purchase
2-24     price of a negotiated number of houses to be built under the
2-25     project;
2-26                 (2)  the terms of a cooperative purchase agreement
2-27     between the department and a housing assistance agency or other
 3-1     nonprofit entity that provides housing assistance to low income
 3-2     homebuyers;
 3-3                 (3)  the type, style, and number of houses to be built
 3-4     under the partnership, within the specifications required by
 3-5     Section 2306.707;
 3-6                 (4)  the types of housing assistance to be applied for
 3-7     eligible low income homebuyers who purchase homes built under the
 3-8     program; and
 3-9                 (5)  any other term that the department determines
3-10     appropriate.
3-11           (b)  The builder shall market the homes built under the
3-12     program to individuals and families who qualify for housing
3-13     assistance under department programs in the same manner in which
3-14     private housing development projects are marketed to the general
3-15     public.
3-16           (c)  The department may not enter into a partnership
3-17     agreement for a specific project with a builder unless the builder
3-18     agrees to issue warranty deeds for the homes purchased under this
3-19     program.
3-20           Sec. 2306.704.  COST PLUS PROFIT STRUCTURE.  (a)  The builder
3-21     in the partnership agreement may require homebuyers to purchase a
3-22     home under a cost plus profit structure.
3-23           (b)  If a builder requires a cost plus profit structure, the
3-24     department and the builder must agree in the partnership agreement
3-25     to a reasonable profit for the builder for each type of home built
3-26     under the program.
3-27           (c)  For the purposes of the partnership agreement and
 4-1     housing finance assistance by the department or the corporation,
 4-2     the profit set under the cost plus profit structure for a home
 4-3     built under the program is part of the purchase price of the home.
 4-4           Sec. 2306.705.  COOPERATIVE PURCHASE AGREEMENT.  (a)  The
 4-5     department shall negotiate and conclude a cooperative purchase
 4-6     agreement with a housing assistance agency or other nonprofit
 4-7     entity for each project under the program.
 4-8           (b)  Under the cooperative purchase agreement, a housing
 4-9     assistance agency or other nonprofit entity must agree, at the
4-10     option of the builder, to purchase homes built under the project at
4-11     cost if the  homes do not have a qualified purchaser within 30 days
4-12     of completion of the construction.
4-13           (c)  The department may provide alternative or additional
4-14     conditions under the cooperative purchase agreement as necessary to
4-15     accomplish the purposes of this subchapter.
4-16           Sec. 2306.706.  FUNDING.  (a)  The department and the
4-17     corporation may not spend state money to fund the guaranteed
4-18     purchase agreement required by this subchapter.
4-19           (b)  The department and the corporation shall cooperate to
4-20     identify sources of funds that are appropriate for the program.
4-21           Sec. 2306.707.  HOUSING STANDARDS.  The department shall
4-22     establish and maintain standards for the homes built under the
4-23     program.  The standards must include:
4-24                 (1)  the minimum quality of construction and amenities
4-25     required;
4-26                 (2)  an average cost between $30,000 and $50,000;
4-27                 (3)  a style and type of home that can accommodate
 5-1     additional construction, but that is flexible enough to serve one
 5-2     family; and
 5-3                 (4)  other criteria that the department may provide.
 5-4           Sec. 2306.708.  HOMEBUYER PROGRAMS.  (a)  The department and
 5-5     the corporation shall cooperate to identify:
 5-6                 (1)  private lenders to provide private market-rate
 5-7     mortgages for low income homebuyers who purchase homes under the
 5-8     program; and
 5-9                 (2)  housing assistance programs for low income
5-10     homebuyers who do not qualify for private market-rate mortgages.
5-11           (b)  The department and the corporation shall provide other
5-12     housing assistance for low income homebuyers as necessary to
5-13     accomplish the purposes of this subchapter.
5-14           Sec. 2306.709.  RULEMAKING AUTHORITY.  The department may
5-15     adopt rules necessary to accomplish the purposes of this
5-16     subchapter.
5-17           SECTION 2.  This Act takes effect September 1, 1999.
5-18           SECTION 3.  The importance of this legislation and the
5-19     crowded condition of the calendars in both houses create an
5-20     emergency and an imperative public necessity that the
5-21     constitutional rule requiring bills to be read on three several
5-22     days in each house be suspended, and this rule is hereby suspended.