By Oliveira H.B. No. 3654
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 for $2 for each document filed for recording for which a fee is
1-8 charged as described by Section 118.012 or 118.03. This fee is in
1-9 addition to any other fee charged for recording the document, and
1-10 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 deadline specified by Section 113.022, the county clerk shall
1-16 remit to the county treasurer the affordable housing fees collected
1-17 under Section 118.011 (e).
1-18 (b) Not later than the last day of the month following 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 retrain 10 cents of
2-1 each fee and any interest earned on the entire fee to reimburse the
2-2 county for expenses associated with collecting and remitting the
2-3 fee.
2-4 (c) The comptroller shall deposit amounts received under
2-5 Subsection (b) to the credit of the housing trust fund established
2-6 under Section 2306.201, Government Code, for use in accordance with
2-7 the purposes of the that fund.
2-8 SECTION 3. Subsection (b), Section 2306.201, Government
2-9 Code, is amended to read as follows:
2-10 (b) The fund consists of:
2-11 (1) appropriations or transfers made to the fund;
2-12 (2) money deposited to the fund under Section
2-13 118.0115, Local Government Code;
2-14 (3) unencumbered fund balances;
2-15 (4) [(3)] public or private gifts or grants;
2-16 (5) [(4)] investment income; and
2-17 (6) [(5)] funds from any other source.
2-18 SECTION 4. The change in law made by this Act applies only
2-19 to a document presented for recording to a county clerk on or after
2-20 the effective date of this Act. A document presented for recording
2-21 before the effective date of this Act is governed by the law as it
2-22 existed immediately before the effective date of this Act and that
2-23 law is continued in effect for that purpose.
2-24 SECTION 5. This Act takes effect September 1, 1999.
2-25 SECTION 6. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and imperative public necessity that the constitutional
3-3 rule requiring bills to be read on three several days in each house
3-4 be suspended, and this rule is hereby suspended.