By Lucio                                              S.B. No. 1500
         77R5697 KEL-D                           
                                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. Subchapter P, Chapter 2306, Government Code, is
 1-7     amended by adding Section 2306.359 to read as follows:
 1-8           Sec. 2306.359.  TAX-EXEMPT SINGLE-FAMILY MORTGAGE REVENUE
 1-9     BONDS. (a)  In this section, "housing finance corporation" means a
1-10     corporation created under Chapter 394, Local Government Code.
1-11           (b)  In addition to issuing other bonds under this chapter,
1-12     the department may issue tax-exempt single-family mortgage revenue
1-13     bonds to make home mortgage loans to economic and geographic
1-14     submarkets of borrowers who:
1-15                 (1)  are individuals and families of extremely low and
1-16     very low income; and
1-17                 (2)  are not served or who are substantially
1-18     underserved by the private home mortgage lending industry or by
1-19     housing finance corporations.
1-20           (c)  The department by rule shall adopt a process for
1-21     identifying the unmet or substantially underserved home mortgage
1-22     credit submarkets in this state.  In identifying the submarkets,
1-23     the department shall consider grants of reservations of the state
1-24     ceiling under Chapter 1372 to housing finance corporations and
 2-1     shall consider:
 2-2                 (1)  for each region of this state, the volume of home
 2-3     mortgage loans made by private lenders to individuals and families
 2-4     of extremely low and very low income, as reported by federal
 2-5     regulatory institutions; and
 2-6                 (2)  the interest rates and terms of those loans.
 2-7           (d)  In approving any issuance of single-family mortgage
 2-8     revenue bonds undertaken by the department under this section, the
 2-9     board shall:
2-10                 (1)  consider specific set-asides or reservations of
2-11     bond proceeds for the unmet or substantially underserved economic
2-12     and geographic submarkets of borrowers who are individuals and
2-13     families of extremely low and very low income; and
2-14                 (2)  certify that the issuance of bonds is necessary to
2-15     provide home mortgage loans to borrowers in those submarkets.
2-16           (e)  The board shall base its certification under Subsection
2-17     (d)(2) on the results of the department survey under Subsection
2-18     (c).
2-19           (f)  The board shall maximize the use of any loan incentive,
2-20     loan guarantee, down payment assistance, or other form of subsidy
2-21     to meet the credit needs of the unmet or substantially underserved
2-22     economic and geographic submarkets of borrowers who are individuals
2-23     and families of extremely low and very low income.
2-24           (g)  The department shall adopt by rule a process to allow
2-25     colonia self-help centers established under Subchapter Z, community
2-26     housing development organizations certified by the department, and
2-27     any other institutions considered appropriate by the board to
 3-1     originate home mortgage loans under this section on behalf of the
 3-2     department.
 3-3           (h)  In conjunction with its identification of the unmet or
 3-4     substantially underserved home mortgage credit needs of this state,
 3-5     the department shall determine the adequacy of private home
 3-6     mortgage credit in:
 3-7                 (1)  predominately rural counties;
 3-8                 (2)  census tracts in which the median family income is
 3-9     less than 80 percent of the median family income for the county in
3-10     which the census tract is situated; and
3-11                 (3)  counties adjacent to the international border of
3-12     this state.
3-13           (i)  The department shall adopt a policy for serving, in a
3-14     manner proportionate to their home mortgage credit needs determined
3-15     under Subsection (h), the rural counties, census tracts, and border
3-16     counties described by that subsection.
3-17           SECTION 2. Section 2306.583, Government Code, is amended to
3-18     read as follows:
3-19           Sec. 2306.583.  SELF-HELP CENTERS:  DESIGNATION. (a)  The
3-20     department shall designate[:]
3-21                 [(1)]  a geographic area for the services provided by
3-22     each self-help center.
3-23           (b)  In consultation with the colonia advisory committee and
3-24     the appropriate self-help center, the department shall designate[;
3-25     and]
3-26                 [(2)]  five colonias in each service area to receive
3-27     concentrated attention from that center.
 4-1           (c)  In consultation with the colonia advisory committee and
 4-2     the appropriate self-help center, the [(b) The] department may
 4-3     change the designation of colonias made under Subsection (b)
 4-4     [(a)(2)].
 4-5           SECTION 3. Section 2306.585, Government Code, is amended to
 4-6     read as follows:
 4-7           Sec. 2306.585.  ROLE [DUTIES] OF COMMITTEE; MEETINGS. (a)
 4-8     The committee shall report directly to [advise] the board
 4-9     [department] regarding:
4-10                 (1)  the housing and community development needs of
4-11     colonias and colonia residents, the initiation of department
4-12     programs to meet those needs, and the effectiveness of department
4-13     programs in meeting those needs;
4-14                 (2)  appropriate and effective programs that are
4-15     proposed or are operated through the self-help centers; and
4-16                 (3)  activities that may be undertaken through the
4-17     self-help centers to better serve the needs of colonia residents.
4-18           (b)  The committee shall meet before the 30th day preceding
4-19     the date on which a contract is scheduled to be awarded for the
4-20     operation of a self-help center and may meet at other times.  The
4-21     board shall designate a member of the board to attend the meetings
4-22     of the committee.
4-23           (c)  At least annually, the committee shall meet jointly with
4-24     the board.
4-25           SECTION 4. Section 2306.586, Government Code, is amended by
4-26     adding Subsection (e) to read as follows:
4-27           (e)  Through a self-help center, a colonia resident may apply
 5-1     for any direct loan or grant program operated by the department.
 5-2           SECTION 5. Section 2306.587, Government Code, is amended to
 5-3     read as follows:
 5-4           Sec. 2306.587.  OPERATION OF SELF-HELP CENTER; MONITORING.
 5-5     (a)  To operate a self-help center, the [The] department shall
 5-6     enter into a four-year contract directly [for the operation of a
 5-7     self-help center] with a local nonprofit organization, including a
 5-8     local community action agency that qualifies as an eligible entity
 5-9     under 42 U.S.C. Section 9902, or a local housing authority that has
5-10     demonstrated the ability to carry out the functions of a self-help
5-11     center under this subchapter.
5-12           (b)  The department is solely responsible for contract
5-13     oversight and for the monitoring of self-help centers under this
5-14     subchapter.
5-15           (c)  The department and the self-help centers may apply for
5-16     and receive public or private gifts or grants to enable the centers
5-17     to achieve their purpose.
5-18           SECTION 6. Section 2306.589(a), Government Code, is amended
5-19     to read as follows:
5-20           (a)  The department shall establish a fund in the department
5-21     designated as the colonia set-aside fund. The department may
5-22     contribute money to the fund from any available source of revenue
5-23     that the department considers appropriate to implement the purposes
5-24     of this subchapter.
5-25           SECTION 7. Sections 2306.753(a) and (b), Government Code, are
5-26     amended to read as follows:
5-27           (a)  Subject to this section, the department shall establish
 6-1     eligibility requirements for an owner-builder to receive a loan
 6-2     under this subchapter.  The eligibility requirements must establish
 6-3     a priority for loans made under this subchapter to owner-builders
 6-4     with an annual income, as determined under Subsection (b)(1)
 6-5     [(b)(2)], of less than $17,500.
 6-6           (b)  To be eligible for a loan under this subchapter, an
 6-7     owner-builder:
 6-8                 (1)  [must reside with at least two other persons
 6-9     related to the owner-builder in the first degree by consanguinity
6-10     or affinity, as determined under Subchapter B, Chapter 573;]
6-11                 [(2)]  may not have an annual income that exceeds 60
6-12     percent, as determined by the department, of the greater of the
6-13     state or local median family income, when combined with the income
6-14     of any person who resides with the owner-builder;
6-15                 (2) [(3)]  must have resided in this state for the
6-16     preceding six months;
6-17                 (3) [(4)]  must have successfully completed an
6-18     owner-builder education class under Section 2306.756; and
6-19                 (4) [(5)]  must agree to:
6-20                       (A)  provide at least 60 percent of the labor
6-21     necessary to build the proposed housing by working through a
6-22     state-certified owner-builder housing program; or
6-23                       (B)  provide an amount of labor equivalent to the
6-24     amount required under Paragraph (A) in connection with building
6-25     housing for others through a state-certified nonprofit
6-26     owner-builder housing program.
6-27           SECTION 8. Sections 2306.754(a) and (b), Government Code, are
 7-1     amended to read as follows:
 7-2           (a)  The department may establish the minimum amount of a
 7-3     loan under this subchapter, but a loan may not exceed $30,000
 7-4     [$25,000].
 7-5           (b)  If it is not possible for an owner-builder to purchase
 7-6     necessary real property and build adequate housing for $30,000
 7-7     [$25,000], the owner-builder must obtain the amount necessary that
 7-8     exceeds $30,000 [$25,000] from one or more local governmental
 7-9     entities, nonprofit organizations, or private lenders.  The total
7-10     amount of loans made by the department and other entities to an
7-11     owner-builder under this subchapter may not exceed $60,000.
7-12           SECTION 9. Section 2306.755, Government Code, is amended to
7-13     read as follows:
7-14           Sec. 2306.755.  NONPROFIT OWNER-BUILDER HOUSING PROGRAMS. (a)
7-15     The department may certify nonprofit owner-builder housing programs
7-16     operated by a tax-exempt organization listed under Section
7-17     501(c)(3), Internal Revenue Code of 1986, to:
7-18                 (1)  qualify potential owner-builders for loans under
7-19     this subchapter;
7-20                 (2)  provide owner-builder education classes under
7-21     Section 2306.756;
7-22                 (3)  assist owner-builders in building housing; [and]
7-23                 (4)  administer loans made by the department under this
7-24     subchapter; or
7-25                 (5)  originate or service loans under this subchapter
7-26     as an agent of the department.
7-27           (b)  The department by rule shall adopt procedures for the
 8-1     certification of nonprofit owner-builder housing programs under
 8-2     this section.
 8-3           SECTION 10. Section 2306.758(b), Government Code, is amended
 8-4     to read as follows:
 8-5           (b)  The department may also make loans under this subchapter
 8-6     from:
 8-7                 (1)  available funds in the housing trust fund
 8-8     established under Section 2306.201;
 8-9                 (2)  federal block grants that may be used for the
8-10     purposes of this subchapter; and
8-11                 (3)  the owner-builder revolving loan fund established
8-12     under Section 2306.7581 [amounts received by the department in
8-13     repayment of loans made under this subchapter].
8-14           SECTION 11.  Subchapter FF, Chapter 2306, Government Code, is
8-15     amended by adding Section 2306.7581 to read as follows:
8-16           Sec. 2306.7581.  OWNER-BUILDER REVOLVING LOAN FUND. (a)  The
8-17     department shall establish an owner-builder revolving loan fund in
8-18     the department for the sole purpose of funding loans under this
8-19     subchapter.
8-20           (a-1)  Using any available source of revenue, the department
8-21     shall transfer to the fund at least $6 million each state fiscal
8-22     year.  This subsection expires August 31, 2010.
8-23           (b)  The department shall deposit money received in repayment
8-24     of a loan under this subchapter to the owner-builder revolving loan
8-25     fund.
8-26           SECTION 12. Chapter 2306, Government Code, is amended by
8-27     adding Subchapter GG to read as follows:
 9-1              SUBCHAPTER GG.  COLONIA MODEL SUBDIVISION PROGRAM
 9-2           Sec. 2306.781.  DEFINITION. In this subchapter, "program"
 9-3     means the colonia model subdivision program established under this
 9-4     subchapter.
 9-5           Sec. 2306.782.  ESTABLISHMENT OF PROGRAM. The department
 9-6     shall establish the colonia model subdivision program to promote
 9-7     the development of new, high-quality, residential subdivisions that
 9-8     provide:
 9-9                 (1)  alternatives to substandard colonias; and
9-10                 (2)  housing options affordable to individuals and
9-11     families of extremely low and very low income who would otherwise
9-12     move into substandard colonias.
9-13           Sec. 2306.783.  ELIGIBLE COUNTIES. The department shall
9-14     operate the program only in counties eligible to receive financial
9-15     assistance under Subchapter K, Chapter 17, Water Code.
9-16           Sec. 2306.784.  COLONIA MODEL SUBDIVISION REVOLVING LOAN
9-17     FUND. (a)  The department shall establish a colonia model
9-18     subdivision revolving loan fund in the department.  Money in the
9-19     fund may be used only for purposes of the program.
9-20           (a-1)  Using any available source of revenue, the department
9-21     shall transfer to the fund at least $2 million each state fiscal
9-22     year.  This subsection expires August 31, 2010.
9-23           (b)  The department shall deposit money received in repayment
9-24     of loans under this subchapter to the colonia model subdivision
9-25     revolving loan fund.
9-26           Sec. 2306.785.  SUBDIVISION COMPLIANCE. Any subdivision
9-27     created with assistance from the fund must fully comply with all
 10-1    state and local laws, including any process established under state
 10-2    or local law for subdividing real property.
 10-3          Sec. 2306.786.  PROGRAM LOANS. (a)  The department may make
 10-4    loans under the program only to:
 10-5                (1)  colonia self-help centers established under
 10-6    Subchapter Z; and
 10-7                (2)  community housing development organizations
 10-8    certified by the department.
 10-9          (b)  A loan made under the program may be used only for the
10-10    payment of:
10-11                (1)  costs associated with the purchase of real
10-12    property;
10-13                (2)  costs of surveying, platting, and subdividing or
10-14    resubdividing real property;
10-15                (3)  fees, insurance costs, or recording costs
10-16    associated with the development of the subdivision;
10-17                (4)  costs of providing proper infrastructure necessary
10-18    to support residential uses;
10-19                (5)  real estate commissions and marketing fees; and
10-20                (6)  any other costs as the department by rule
10-21    determines to be reasonable and prudent to advance the purposes of
10-22    this subchapter.
10-23          (c)  A loan made by the department under the program may not
10-24    bear interest and may not exceed a term of 36 months.
10-25          (d)  The department may offer a borrower under the program
10-26    one loan renewal for each subdivision.
10-27          Sec. 2306.787.  ADMINISTRATION OF PROGRAM; RULES. (a)  In
 11-1    administering the program, the department by rule shall adopt:
 11-2                (1)  any subdivision standards in excess of local
 11-3    standards the department considers necessary;
 11-4                (2)  loan application procedures;
 11-5                (3)  program guidelines; and
 11-6                (4)  contract award procedures.
 11-7          (b)  The department shall adopt rules to:
 11-8                (1)  ensure that a borrower under the program sells
 11-9    real property under the program only to an individual borrower,
11-10    nonprofit housing developer, or for-profit housing developer for
11-11    the purposes of constructing residential dwelling units; and
11-12                (2)  require a borrower under the program to convey
11-13    real property under the program at a cost that is affordable to:
11-14                      (A)  individuals and families of extremely low
11-15    income; or
11-16                      (B)  individuals and families of very low income.
11-17          SECTION 13. Subchapter B, Chapter 11, Tax Code, is amended by
11-18    adding Section 11.184 to read as follows:
11-19          Sec. 11.184.  COLONIA MODEL SUBDIVISION PROGRAM. (a)  An
11-20    organization is entitled to an exemption from taxation of
11-21    unimproved real property it owns if the organization:
11-22                (1)  meets the requirements of a charitable
11-23    organization provided by Sections 11.18(e) and (f);
11-24                (2)  purchased the property or is developing the
11-25    property with proceeds of a loan made by the Texas Department of
11-26    Housing and Community Affairs under the colonia model subdivision
11-27    program under Subchapter GG, Chapter 2306, Government Code; and
 12-1                (3)  owns the property for the purpose of developing a
 12-2    model colonia subdivision.
 12-3          (b)  Property may not be exempted under Subsection (a)  after
 12-4    the fifth anniversary of the date the organization acquires the
 12-5    property.
 12-6          (c)  An organization entitled to an exemption under
 12-7    Subsection (a)  is also entitled to an exemption from taxation of
 12-8    any building or tangible personal property the organization owns
 12-9    and uses in the administration of its acquisition, building,
12-10    repair, or sale of property.  To qualify for an exemption under
12-11    this subsection, property must be used exclusively by the
12-12    charitable organization, except that another individual or
12-13    organization may use the property for activities incidental to the
12-14    charitable organization's use that benefit the beneficiaries of the
12-15    charitable organization.
12-16          (d)  For the purposes of Subsection (e), the chief appraiser
12-17    shall determine the market value of property exempted under
12-18    Subsection (a)  and shall record the market value in the appraisal
12-19    records.
12-20          (e)  If the organization that owns improved or unimproved
12-21    real property that has been exempted under Subsection (a)  sells
12-22    the property to a person other than a person described by Section
12-23    2306.787(b)(1), Government Code, a penalty is imposed on the
12-24    property equal to the amount of the taxes that would have been
12-25    imposed on the property in each tax year that the property was
12-26    exempted from taxation under Subsection (a), plus interest at an
12-27    annual rate of 12 percent computed from the dates on which the
 13-1    taxes would have become due.
 13-2          SECTION 14. Section 2306.760, Government Code, is repealed.
 13-3          SECTION 15. This Act takes effect September 1, 2001.