SRC-SEW H.B. 3623 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3623
77R11783 QS-DBy: Flores (Shapleigh)
Intergovernmental Relations
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Many Texas residents are being faced with an increasing challenge in
finding affordable and accessible housing. There may be an even greater
demand for such housing as the population of this state grows, thereby
potentially placing an increased burden on government resources to
alleviate some of that demand. Rather than depleting government resources,
one solution to this problem may be to transfer certain unused or
substantially underused real property owned or controlled by the state to
political subdivisions for use as affordable and accessible housing. H.B.
3623 requires the asset management division of the General Land Office to
transfer such property to political subdivisions for use as affordable and
accessible housing.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.156, Natural Resources Code, as follows:

Sec. 31.156. Requires the asset management division (division) to identify
real property owned or controlled by the state that is not being used or is
being substantially underused.  Requires the division to provide a list and
an appraisal of properties described by this section to the Texas
Department of Housing and Community Affairs (department).  Requires the
department, not later than the 60th day after the date of receipt of the
list and appraisal, to make recommendations to the division regarding the
suitability of those properties for affordable and accessible housing.
Requires the division, for each property identified as not being used or as
being substantially underused under this section, to make recommendations
to the commissioner regarding the use of the property or regarding a real
estate transaction involving the property. Requires the division's
recommendations, if the Texas Department of Housing and Community Affairs
designates a property as suitable for affordable and accessible housing, to
include a recommendation that title to the property be transferred to an
appropriate political subdivision for use as affordable and accessible
housing.  Makes nonsubstantive changes.  Deletes text requiring the
division to furnish an appraisal to the Texas Department of Housing and
Community Affairs of properties that have been identified as unused or
substantially underused. 

SECTION 2.  Amends Sections 31.157(b) and (c), Natural Resources Code, to
delete text regarding the Texas Department of Housing and Community
Affairs.  Requires the Commissioner of the General Land Office
(commissioner) to prepare and issue a final report that meets certain
requirements.   
 
SECTION 3.  Amends Section 31.158, Natural Resources Code, by adding
Subsections (d) and (e), as follows: 

(d)  Requires the division, if the legislature authorizes the transfer of
title to real property to a political subdivision for use as affordable and
accessible housing, to take possession and control  of the property and to
conduct the transaction as provided by the policy adopted under Subsection
(e). 

(e)  Requires the division to adopt a policy regarding the method of
transferring title to real property designated as suitable for affordable
and accessible housing to a political subdivision for use as affordable and
accessible housing.  Requires the policy to include monitoring and
enforcement provisions to ensure that the property is used for affordable
and accessible housing. 
 
SECTION 4.  Effective date: September 1, 2001.