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.
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