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.