By Ellis                                               S.B. No. 327
         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.