By Wise, Swinford, Counts, Hinojosa, Carter           H.B. No. 3294
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the provision of housing and related forms of
 1-3     assistance to residents of colonias and residents of other
 1-4     underserved regions of this state.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 2306.004, Government Code, is amended by
 1-7     adding Subdivisions (31)-(34) to read as follows:
 1-8                 (31)  "Economic submarket" means a group of borrowers
 1-9     who have common home mortgage loan market eligibility
1-10     characteristics, including income level, credit history or credit
1-11     score, and employment characteristics, that are similar to Standard
1-12     and Poor's credit underwriting criteria.
1-13                 (32)  "Geographic submarket" means a geographic region
1-14     in the state, including a county, census tract, or municipality,
1-15     that shares similar levels of access to home mortgage credit from
1-16     the private home mortgage lending industry, as determined by the
1-17     department based on home mortgage lending data published by federal
1-18     and state banking regulatory agencies.
1-19                 (33)  "Rural county" means a county that is outside the
1-20     boundaries of a primary metropolitan statistical area or a
1-21     metropolitan statistical area.
1-22                 (34)  "Subprime loan" means a loan that is originated
1-23     by a lender designated as a subprime lender on the subprime lender
1-24     list maintained by the United States Department of Housing and
 2-1     Urban Development or identified as a lender primarily engaged in
 2-2     subprime lending under Section 2306.143.
 2-3           SECTION 2. Section 2306.142, Government Code, is amended to
 2-4     read as follows:
 2-5           Sec. 2306.142.  AUTHORIZATION OF BONDS. (a)  Subject to the
 2-6     requirements of this section [In its discretion], the board shall
 2-7     authorize all bonds issued by the department.
 2-8           (b)  If the issuance is authorized by the board, the
 2-9     department shall issue single-family mortgage revenue bonds to make
2-10     home mortgage credit available to economic and geographic
2-11     submarkets of borrowers who are not served or who are substantially
2-12     underserved by the conventional, Fannie Mae, Freddie Mac, or
2-13     Federal Housing Administration home mortgage lending industry or by
2-14     housing finance corporations organized under Chapter 394, Local
2-15     Government Code.
2-16           (c)  The board by rule shall adopt a methodology for
2-17     determining through a market study the home mortgage credit needs
2-18     in underserved economic and geographic submarkets in the state.  In
2-19     conducting the market study required by this subsection, the
2-20     department or its designee shall analyze for the underserved
2-21     economic and geographic submarkets, at a minimum, the following
2-22     factors:
2-23                 (1)  home ownership rates;
2-24                 (2)  loan volume;
2-25                 (3)  loan approval ratios;
2-26                 (4)  loan interest rates;
2-27                 (5)  loan terms;
 3-1                 (6)  loan availability;
 3-2                 (7)  type and number of dwelling units; and
 3-3                 (8)  use of subprime mortgage loan products, comparing
 3-4     the volume amount of subprime loans and interest rates to "A" paper
 3-5     mortgage loans as defined by Standard and Poor's credit
 3-6     underwriting criteria.
 3-7           (d)  The department or its designee shall analyze the
 3-8     potential market demand, loan availability, and private sector home
 3-9     mortgage lending rates available to extremely low, very low, low,
3-10     and moderate income borrowers in the rural counties of the state,
3-11     in census tracts in which the median family income is less than 80
3-12     percent of the median family income for the county in which the
3-13     census tract is located, and in the region of the state adjacent to
3-14     the international border of the state.  The department or its
3-15     designee shall establish a process for serving those counties,
3-16     census tracts, and regions through the single-family mortgage
3-17     revenue bond program in a manner proportionate to the credit needs
3-18     of those areas as determined through the department's market study.
3-19           (e)  Using the market study and the analysis required by this
3-20     section, the board shall evaluate the feasibility of a
3-21     single-family mortgage revenue bond program with loan marketing,
3-22     eligibility, underwriting, structuring, collection, and foreclosure
3-23     criteria and with loan services practices that are designed to meet
3-24     the credit needs of the underserved economic and geographic
3-25     submarkets of the state, including those submarkets served
3-26     disproportionately by subprime lenders.
3-27           (f)  In evaluating a proposed bond program under this
 4-1     section, the board shall consider, consistent with the reasonable
 4-2     financial operation of the department, specific set-asides or
 4-3     reservations of mortgage loans for underserved economic and
 4-4     geographic submarkets in the state, including the reservation of
 4-5     funds to serve borrowers who have "A-" to "B-" credit according to
 4-6     Standard and Poor's credit underwriting criteria.
 4-7           (g)  The department may use any source of funds or subsidy
 4-8     available to the department to provide credit enhancement, down
 4-9     payment assistance, pre-homebuyer and post-homebuyer counseling,
4-10     interest rate reduction, and payment of incentive lender points to
4-11     accomplish the purposes of this section in a manner considered by
4-12     the board to be consistent with the reasonable financial operation
4-13     of the department.
4-14           (h)  In allocating funds under Subsection (g), the
4-15     department's highest priority is to provide assistance to borrowers
4-16     in underserved economic and geographic submarkets in the state.  If
4-17     the board determines that sufficient funds are available after
4-18     fully meeting the credit needs of borrowers in those submarkets,
4-19     the department may provide assistance to other borrowers.
4-20           (i)  The board shall certify that each single-family mortgage
4-21     revenue bond issued by the department under this section is
4-22     structured in a manner that serves the credit needs of borrowers in
4-23     underserved economic and geographic submarkets in the state.
4-24           (j)  After any board approval and certification of a
4-25     single-family mortgage revenue bond issuance, the department shall
4-26     submit the proposed bond issuance to the Bond Review Board for
4-27     review.
 5-1           (k)  In the state fiscal year beginning on September 1, 2001,
 5-2     the department shall:
 5-3                 (1)  adopt by rule a market study methodology as
 5-4     required by Subsection (c);
 5-5                 (2)  conduct the market study;
 5-6                 (3)  propose for board review a single-family mortgage
 5-7     revenue bond program, including loan feature details, a program for
 5-8     borrower subsidies as provided by Subsections (g) and (h), and
 5-9     origination and servicing infrastructure;
5-10                 (4)  identify reasonable capital markets financing;
5-11                 (5)  conduct a public hearing on the market study
5-12     results and the proposed bond program; and
5-13                 (6)  submit for review by the Bond Review Board the
5-14     market study results and, if approved and certified by the board,
5-15     the proposed bond program.
5-16           (l)  In the state fiscal year beginning on September 1, 2002,
5-17     and in each subsequent state fiscal year, the department shall
5-18     allocate not less than 40 percent of the total single-family
5-19     mortgage revenue bond loan volume to meet the credit needs of
5-20     borrowers in underserved economic and geographic submarkets in the
5-21     state, subject to the identification of a satisfactory market
5-22     volume demand through the market study.
5-23           (m)  On completion of the market study, if the board
5-24     determines in any year that bonds intended to be issued to achieve
5-25     the purposes of this section are unfeasible or would damage the
5-26     financial condition of the department, the board may formally
5-27     appeal to the Bond Review Board the requirements of Subsection (k)
 6-1     or (l), as applicable.  The Bond Review Board has sole authority to
 6-2     modify or waive the required allocation levels.
 6-3           (n)  In addition to any other loan originators selected by
 6-4     the department, the department shall authorize colonia self-help
 6-5     centers and any other community-based, nonprofit institutions
 6-6     considered appropriate by the board to originate loans on behalf of
 6-7     the department.  All non-financial institutions acting as loan
 6-8     originators under this subsection must undergo adequate training,
 6-9     as prescribed by the department, to participate in the bond
6-10     program.  The department may require lenders to participate in
6-11     ongoing training and underwriting compliance audits to maintain
6-12     good standing to participate in the bond program.  The department
6-13     may require that lenders meet appropriate eligibility standards as
6-14     prescribed by the department.
6-15           (o)  The department shall structure all single-family
6-16     mortgage revenue bond issuances in a manner designed to recover the
6-17     full costs associated with conducting the activities required by
6-18     this section.
6-19           SECTION 3. Subchapter G, Chapter 2306, Government Code, is
6-20     amended by adding Section 2306.143 to read as follows:
6-21           Sec. 2306.143.  ALTERNATIVE TO SUBPRIME LENDER LIST. (a)  If
6-22     the United States Department of Housing and Urban Development
6-23     ceases to prepare or make public a subprime lender list, the market
6-24     study required by Section 2306.142 must annually survey the 100
6-25     largest refinancing lenders and the 100 largest home purchase loan
6-26     lenders in the state to identify lenders primarily engaged in
6-27     subprime lending.
 7-1           (b)  The lenders included in the survey must be identified on
 7-2     the basis of home mortgage loan data reported by lenders under the
 7-3     Home Mortgage Disclosure Act of 1975 (12 U.S.C. Section 2801 et
 7-4     seq.) and the Community Reinvestment Act of 1977 (12 U.S.C. Section
 7-5     2901 et seq.).
 7-6           SECTION 4. Section 2306.583, Government Code, is amended to
 7-7     read as follows:
 7-8           Sec. 2306.583.  SELF-HELP CENTERS:  DESIGNATION. (a)  The
 7-9     department shall designate[:]
7-10                 [(1)]  a geographic area for the services provided by
7-11     each self-help center.
7-12           (b)  In consultation with the colonia advisory committee and
7-13     the appropriate self-help center, the department shall designate[;
7-14     and]
7-15                 [(2)]  five colonias in each service area to receive
7-16     concentrated attention from that center.
7-17           (c)  In consultation with the colonia advisory committee and
7-18     the appropriate self-help center, the [(b) The] department may
7-19     change the designation of colonias made under Subsection (b)
7-20     [(a)(2)].
7-21           SECTION 5. Section 2306.586, Government Code, is amended by
7-22     adding Subsection (e) to read as follows:
7-23           (e)  Through a self-help center, a colonia resident may apply
7-24     for any direct loan or grant program operated by the department.
7-25           SECTION 6. Section 2306.587, Government Code, is amended to
7-26     read as follows:
7-27           Sec. 2306.587.  OPERATION OF SELF-HELP CENTER; MONITORING.
 8-1     (a)  To operate a self-help center, the [The] department shall,
 8-2     subject to the availability of revenue for that purpose, enter into
 8-3     a four-year contract directly [for the operation of a self-help
 8-4     center] with a local nonprofit organization, including a local
 8-5     community action agency that qualifies as an eligible entity under
 8-6     42 U.S.C. Section 9902, or a local housing authority that has
 8-7     demonstrated the ability to carry out the functions of a self-help
 8-8     center under this subchapter.
 8-9           (b)  The department is solely responsible for contract
8-10     oversight and for the monitoring of self-help centers under this
8-11     subchapter.
8-12           (c)  The department and the self-help centers may apply for
8-13     and receive public or private gifts or grants to enable the centers
8-14     to achieve their purpose.
8-15           SECTION 7. Section 2306.589(a), Government Code, is amended
8-16     to read as follows:
8-17           (a)  The department shall establish a fund in the department
8-18     designated as the colonia set-aside fund.  The department may
8-19     contribute money to the fund from any available source of revenue
8-20     that the department considers appropriate to implement the purposes
8-21     of this subchapter, except that the department may not use federal
8-22     community development block grant money authorized by Title I of
8-23     the Housing and Community Development Act of 1974 (42 U.S.C.
8-24     Section 5301 et seq.) unless the money is specifically appropriated
8-25     by the legislature for that purpose.
8-26           SECTION 8. Sections 2306.753(a) and (b), Government Code, are
8-27     amended to read as follows:
 9-1           (a)  Subject to this section, the department shall establish
 9-2     eligibility requirements for an owner-builder to receive a loan
 9-3     under this subchapter.  The eligibility requirements must establish
 9-4     a priority for loans made under this subchapter to owner-builders
 9-5     with an annual income, as determined under Subsection (b)(1)
 9-6     [(b)(2)], of less than $17,500.
 9-7           (b)  To be eligible for a loan under this subchapter, an
 9-8     owner-builder:
 9-9                 (1)  [must reside with at least two other persons
9-10     related to the owner-builder in the first degree by consanguinity
9-11     or affinity, as determined under Subchapter B, Chapter 573;]
9-12                 [(2)]  may not have an annual income that exceeds 60
9-13     percent, as determined by the department, of the greater of the
9-14     state or local median family income, when combined with the income
9-15     of any person who resides with the owner-builder;
9-16                 (2) [(3)]  must have resided in this state for the
9-17     preceding six months;
9-18                 (3) [(4)]  must have successfully completed an
9-19     owner-builder education class under Section 2306.756; and
9-20                 (4) [(5)]  must agree to:
9-21                       (A)  provide at least 60 percent of the labor
9-22     necessary to build the proposed housing by working through a
9-23     state-certified owner-builder housing program; or
9-24                       (B)  provide an amount of labor equivalent to the
9-25     amount required under Paragraph (A) in connection with building
9-26     housing for others through a state-certified nonprofit
9-27     owner-builder housing program.
 10-1          SECTION 9. Sections 2306.754(a) and (b), Government Code, are
 10-2    amended to read as follows:
 10-3          (a)  The department may establish the minimum amount of a
 10-4    loan under this subchapter, but a loan may not exceed $30,000
 10-5    [$25,000].
 10-6          (b)  If it is not possible for an owner-builder to purchase
 10-7    necessary real property and build adequate housing for $30,000
 10-8    [$25,000], the owner-builder must obtain the amount necessary that
 10-9    exceeds $30,000 [$25,000] from one or more local governmental
10-10    entities, nonprofit organizations, or private lenders.  The total
10-11    amount of loans made by the department and other entities to an
10-12    owner-builder under this subchapter may not exceed $60,000.
10-13          SECTION 10. Section 2306.755, Government Code, is amended to
10-14    read as follows:
10-15          Sec. 2306.755.  NONPROFIT OWNER-BUILDER HOUSING PROGRAMS. (a)
10-16    The department may certify nonprofit owner-builder housing programs
10-17    operated by a tax-exempt organization listed under Section
10-18    501(c)(3), Internal Revenue Code of 1986, to:
10-19                (1)  qualify potential owner-builders for loans under
10-20    this subchapter;
10-21                (2)  provide owner-builder education classes under
10-22    Section 2306.756;
10-23                (3)  assist owner-builders in building housing; and
10-24                (4)  originate or service [administer] loans made [by
10-25    the department] under this subchapter.
10-26          (b)  The department by rule shall adopt procedures for the
10-27    certification of nonprofit owner-builder housing programs under
 11-1    this section.
 11-2          SECTION 11. Section 2306.758, Government Code, is amended by
 11-3    amending Subsection (b) and adding Subsection (c) to read as
 11-4    follows:
 11-5          (b)  The department may also make loans under this subchapter
 11-6    from:
 11-7                (1)  available funds in the housing trust fund
 11-8    established under Section 2306.201;
 11-9                (2)  federal block grants that may be used for the
11-10    purposes of this subchapter; and
11-11                (3)  the owner-builder revolving loan fund established
11-12    under Section 2306.7581 [amounts received by the department in
11-13    repayment of loans made under this subchapter].
11-14          (c)  In a state fiscal year, the department may use not more
11-15    than 10 percent of the revenue available for purposes of this
11-16    subchapter to enhance the ability of tax-exempt organizations
11-17    described by Section 2306.755(a) to implement the purposes of this
11-18    chapter.
11-19          SECTION 12.  Subchapter FF, Chapter 2306, Government Code, is
11-20    amended by adding Section 2306.7581 to read as follows:
11-21          Sec. 2306.7581.  OWNER-BUILDER REVOLVING LOAN FUND. (a)  The
11-22    department shall establish an owner-builder revolving loan fund in
11-23    the department for the sole purpose of funding loans under this
11-24    subchapter.
11-25          (a-1)  Each state fiscal year the department shall transfer
11-26    at least $3 million to the fund from money received under the
11-27    federal HOME Investment Partnerships program established under
 12-1    Title II of the Cranston-Gonzalez National Affordable Housing Act
 12-2    (42 U.S.C. Section 12701 et seq.), from money in the housing trust
 12-3    fund, or from money appropriated by the legislature to the
 12-4    department.  This subsection expires August 31, 2010.
 12-5          (b)  The department shall deposit money received in repayment
 12-6    of a loan under this subchapter to the owner-builder revolving loan
 12-7    fund.
 12-8          SECTION 13. Chapter 2306, Government Code, is amended by
 12-9    adding Subchapter GG to read as follows:
12-10             SUBCHAPTER GG.  COLONIA MODEL SUBDIVISION PROGRAM
12-11          Sec. 2306.781.  DEFINITION. In this subchapter, "program"
12-12    means the colonia model subdivision program established under this
12-13    subchapter.
12-14          Sec. 2306.782.  ESTABLISHMENT OF PROGRAM. The department
12-15    shall establish the colonia model subdivision program to promote
12-16    the development of new, high-quality, residential subdivisions that
12-17    provide:
12-18                (1)  alternatives to substandard colonias; and
12-19                (2)  housing options affordable to individuals and
12-20    families of extremely low and very low income who would otherwise
12-21    move into substandard colonias.
12-22          Sec. 2306.783.  COLONIA MODEL SUBDIVISION REVOLVING LOAN
12-23    FUND. (a)  The department shall establish a colonia model
12-24    subdivision revolving loan fund in the department.  Money in the
12-25    fund may be used only for purposes of the program.
12-26          (a-1)  The department may transfer money into the fund using
12-27    any available source of revenue.
 13-1          (a-2)  On application, the department may provide a loan
 13-2    under this subchapter through an eligible political subdivision
 13-3    using money from the portion of community development block grant
 13-4    money that is set aside under federal law to provide financial
 13-5    assistance to colonias.  In a state fiscal year, the department may
 13-6    not provide loans under this subchapter using more than $2 million
 13-7    from the set-aside for colonias.
 13-8          (a-3)  Subsections (a-1) and (a-2) and this subsection expire
 13-9    August 31, 2010.
13-10          (b)  The department shall deposit money received in repayment
13-11    of loans under this subchapter to the colonia model subdivision
13-12    revolving loan fund.
13-13          Sec. 2306.784.  SUBDIVISION COMPLIANCE. Any subdivision
13-14    created with assistance from the fund must fully comply with all
13-15    state and local laws, including any process established under state
13-16    or local law for subdividing real property.
13-17          Sec. 2306.785.  PROGRAM LOANS. (a)  The department may make
13-18    loans under the program only to:
13-19                (1)  colonia self-help centers established under
13-20    Subchapter Z; and
13-21                (2)  community housing development organizations
13-22    certified by the department.
13-23          (b)  A loan made under the program may be used only for the
13-24    payment of:
13-25                (1)  costs associated with the purchase of real
13-26    property;
13-27                (2)  costs of surveying, platting, and subdividing or
 14-1    resubdividing real property;
 14-2                (3)  fees, insurance costs, or recording costs
 14-3    associated with the development of the subdivision;
 14-4                (4)  costs of providing proper infrastructure necessary
 14-5    to support residential uses;
 14-6                (5)  real estate commissions and marketing fees; and
 14-7                (6)  any other costs as the department by rule
 14-8    determines to be reasonable and prudent to advance the purposes of
 14-9    this subchapter.
14-10          (c)  A loan made by the department under the program may not
14-11    bear interest and may not exceed a term of 36 months.
14-12          (d)  The department may offer a borrower under the program
14-13    one loan renewal for each subdivision.
14-14          Sec. 2306.786.  ADMINISTRATION OF PROGRAM; RULES. (a)  In
14-15    administering the program, the department by rule shall adopt:
14-16                (1)  any subdivision standards in excess of local
14-17    standards the department considers necessary;
14-18                (2)  loan application procedures;
14-19                (3)  program guidelines; and
14-20                (4)  contract award procedures.
14-21          (b)  The department shall adopt rules to:
14-22                (1)  ensure that a borrower under the program sells
14-23    real property under the program only to an individual borrower,
14-24    nonprofit housing developer, or for-profit housing developer for
14-25    the purposes of constructing residential dwelling units; and
14-26                (2)  require a borrower under the program to convey
14-27    real property under the program at a cost that is affordable to:
 15-1                      (A)  individuals and families of extremely low
 15-2    income; or
 15-3                      (B)  individuals and families of very low income.
 15-4          SECTION 14. Subchapter B, Chapter 11, Tax Code, is amended by
 15-5    adding Section 11.184 to read as follows:
 15-6          Sec. 11.184.  COLONIA MODEL SUBDIVISION PROGRAM. (a)  An
 15-7    organization is entitled to an exemption from taxation of
 15-8    unimproved real property it owns if the organization:
 15-9                (1)  meets the requirements of a charitable
15-10    organization provided by Sections 11.18(e) and (f);
15-11                (2)  purchased the property or is developing the
15-12    property with proceeds of a loan made by the Texas Department of
15-13    Housing and Community Affairs under the colonia model subdivision
15-14    program under Subchapter GG, Chapter 2306, Government Code; and
15-15                (3)  owns the property for the purpose of developing a
15-16    model colonia subdivision.
15-17          (b)  Property may not be exempted under Subsection (a) after
15-18    the fifth anniversary of the date the organization acquires the
15-19    property.
15-20          (c)  An organization entitled to an exemption under
15-21    Subsection (a) is also entitled to an exemption from taxation of
15-22    any building or tangible personal property the organization owns
15-23    and uses in the administration of its acquisition, building,
15-24    repair, or sale of property.  To qualify for an exemption under
15-25    this subsection, property must be used exclusively by the
15-26    charitable organization, except that another individual or
15-27    organization may use the property for activities incidental to the
 16-1    charitable organization's use that benefit the beneficiaries of the
 16-2    charitable organization.
 16-3          (d)  For the purposes of Subsection (e), the chief appraiser
 16-4    shall determine the market value of property exempted under
 16-5    Subsection (a) and shall record the market value in the appraisal
 16-6    records.
 16-7          (e)  If the organization that owns improved or unimproved
 16-8    real property that has been exempted under Subsection (a) sells the
 16-9    property to a person other than a person described by Section
16-10    2306.786(b)(1), Government Code, a penalty is imposed on the
16-11    property equal to the amount of the taxes that would have been
16-12    imposed on the property in each tax year that the property was
16-13    exempted from taxation under Subsection (a), plus interest at an
16-14    annual rate of 12 percent computed from the dates on which the
16-15    taxes would have become due.
16-16          SECTION 15. If the administration of the federal community
16-17    development block grant program is transferred to an agency other
16-18    than the Texas Department of Housing and Community Affairs, the new
16-19    administering agency shall enter into a memorandum of understanding
16-20    with the Texas Department of Housing and Community Affairs to
16-21    permit the housing department to receive and administer the portion
16-22    of community development block grant money specifically allocated
16-23    under the General Appropriations Act to fund the operation of
16-24    self-help owner-builder housing programs.  The memorandum must
16-25    require the new administering agency to transfer to the housing
16-26    department a portion of the agency's total administrative funds in
16-27    the same ratio that the portion of community development block
 17-1    grant money allocated for owner-builder housing programs bears to
 17-2    the total yearly allocation of community development block grant
 17-3    money.  The memorandum must require the new administering agency to
 17-4    continue to fund the housing department's border field offices
 17-5    through the community development block grant program and must
 17-6    require the housing department to exercise oversight and
 17-7    supervision over those field offices and staff.
 17-8          SECTION 16. Section 2306.760, Government Code, is repealed.
 17-9          SECTION 17. This Act takes effect September 1, 2001.