1-1 By: Ellis, Lucio S.B. No. 327
1-2 (In the Senate - Filed January 29, 1999; February 2, 1999,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 4, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 3, Nays 1;
1-6 March 4, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 327 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to funding the housing trust fund.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 118.011, Local Government Code, is
1-13 amended by adding Subsection (e) to read as follows:
1-14 (e) A county clerk shall collect an affordable housing fee
1-15 of $1 for each document filed for recording for which a fee is
1-16 charged as described by Section 118.012 or 118.013. This fee is in
1-17 addition to any other fee charged for recording the document, and
1-18 the clerk shall collect the fee at the time the document is
1-19 presented for recording.
1-20 SECTION 2. Subchapter B, Chapter 118, Local Government Code,
1-21 is amended by adding Section 118.0115 to read as follows:
1-22 Sec. 118.0115. AFFORDABLE HOUSING FEE. (a) Not later than
1-23 the deadline specified by Section 113.022, the county clerk shall
1-24 remit to the county treasurer the affordable housing fees collected
1-25 under Section 118.011(e).
1-26 (b) Not later than the last day of the month following each
1-27 quarter, the county treasurer shall remit to the comptroller 90
1-28 cents of each affordable housing fee received under Subsection (a)
1-29 for that quarter. The county treasurer shall retain 10 cents of
1-30 each fee and any interest earned on the entire fee to reimburse the
1-31 county for expenses associated with collecting and remitting the
1-32 fee.
1-33 (c) The comptroller shall deposit amounts received under
1-34 Subsection (b) to the credit of the housing trust fund established
1-35 under Section 2306.201, Government Code, for use in accordance with
1-36 the purposes of that fund.
1-37 SECTION 3. Subsection (b), Section 2306.201, Government
1-38 Code, is amended to read as follows:
1-39 (b) The fund consists of:
1-40 (1) appropriations or transfers made to the fund;
1-41 (2) money deposited to the fund under Section
1-42 118.0115, Local Government Code;
1-43 (3) unencumbered fund balances;
1-44 (4) [(3)] public or private gifts or grants;
1-45 (5) [(4)] investment income; and
1-46 (6) [(5)] funds from any other source.
1-47 SECTION 4. The change in law made by this Act applies only
1-48 to a document presented for recording to a county clerk on or after
1-49 the effective date of this Act. A document presented for recording
1-50 before the effective date of this Act is governed by the law as it
1-51 existed immediately before the effective date of this Act and that
1-52 law is continued in effect for that purpose.
1-53 SECTION 5. This Act takes effect September 1, 1999.
1-54 SECTION 6. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended.
1-59 * * * * *