LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 28, 2001 TO: Honorable Bill G. Carter, Chair, House Committee on Urban Affairs FROM: John Keel, Director, Legislative Budget Board IN RE: HB2657 by Ehrhardt (Relating to the authorization of bonds by the Texas Department of Housing and Community Affairs.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB2657, As Introduced: negative impact of $(10,931,773) through * * the biennium ending August 31, 2003. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $(4,770,760) * * 2003 (6,161,013) * * 2004 (6,161,013) * * 2005 (6,161,013) * * 2006 (6,161,013) * **************************************************** All Funds, Five-Year Impact: ************************************************************************** *Fiscal Probable Probable Probable Revenue * * Year Savings/(Cost) from Savings/(Cost) from Gain/(Loss) from * * General Revenue Fund Housing Safekeeping Housing Safekeeping * * 0001 Trust Fund Trust Fund * * 2002 $(4,770,760) $(6,851,000) $6,851,000 * * 2003 (6,161,013) (6,851,000) 6,851,000 * * 2004 (6,161,013) (6,851,000) 6,851,000 * * 2005 (6,161,013) (6,851,000) 6,851,000 * * 2006 (6,161,013) (6,851,000) 6,851,000 * ************************************************************************** Technology Impact There would be no technology impact. Fiscal Analysis The bill would amend Section 2306.004 of the Government Code to allow the Texas Department of Housing and Community Affairs (TDHCA) to issue mortgage revenue bonds for the purpose of funding single family mortgage projects in underserved, financially distressed, rural areas. The authority to issue these types of bonds currently exists and the bill would direct the agency to allocate a portion of the proceeds to specific areas. In 2002, the bill would allow for TDHCA to allocate no less than 30 percent of total loan volume to serve the submarkets for the single family mortgage bond program and 40 percent each subsequent year. The TDHCA board would be required to adopt a methodology for determining the recipients of the mortgage revenue bonds. The methodology would be based on home ownership and loan statistics for different rural geographical areas. The bill would allow TDHCA to analyze loan availability and home mortgage lending rates available to low through extremely low-income borrowers in census tracts where the median family income (MFI) is less than 80 percent of the national MFI. For the geographically underserved submarkets, and the extremely low and very low income borrower markets, the TDHCA board would be required to consider specific set-asides of mortgage loans, including reserving funds to serve families with credit ratings of "B" and "C". Following TDHCA board approval, each single family mortgage bond issue would be submitted to the Texas Bond Review Board for review and approval. The Texas Bond Review Board, in its sole discretion, may modify or waive the allocation levels. According to TDHCA, additional general revenue would be needed as a reserve to maintain current bond rating levels, therefore, the bill has a fiscal impact of a total of $35.6 million from General Revenue over the course of the subsequent six years. The bill would take effect September 1, 2001. Methodology According to TDHCA, the estimated cost is based on the issuance of 30 percent to 40 percent of its $108.6 million private activity bond authority. Subprime loans generally produce more losses than prime loans. Thus, rating agencies require additional Loss Coverage Reserves (LCRs) to compensate for the additional risk. Rating agencies calculate these reserves using factors that include loan-to-value, foreclosure frequency, foreclosure costs, property market value decline, geographic concentration and type of dwelling. To minimize the LCR required, TDHCA would have to use lower loan-to-values. The agency would require the borrower to have 10 percent for down payment and would match the borrower's contribution with a grant of 10 percent. TDHCA reports that granting only 10 percent to borrowers would require at least $3.3 million in the first year and $4.3 million thereafter at the 30 percent and 40 percent set-asides proposed. The agency does not have sufficient funds to finance this grant and would have to rely on state general revenue. According to TDHCA, the LCR requirement would increase as certain stated factors change. Although the agency may structure an issue that funds most of the LCR requirement, another source of funds, most likely state general revenue funds, would have to be appropriated to finance the unfunded LCR requirement of approximately $1.4 million in the first year and $1.8 million each year thereafter. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 352 Texas Bond Review Board, 332 Texas Department of Housing and Community Affairs LBB Staff: JK, DB, RT, ER