LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 9, 2001 TO: Honorable David Sibley, Chair, Senate Committee on Business & Commerce FROM: John Keel, Director, Legislative Budget Board IN RE: HB3294 by Wise (Relating to the provision of housing and related forms of assistance to residents of colonias and residents of other underserved regions of this state.), As Engrossed ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB3294, As Engrossed: negative impact of $(21,744,550) 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 $(10,947,275) * * 2003 (10,797,275) * * 2004 (10,797,275) * * 2005 (10,797,275) * * 2006 (10,797,275) * **************************************************** All Funds, Five-Year Impact: ************************************************************************** *Fiscal Probable Probable Probable Revenue * * Year Savings/(Cost) from Savings/(Cost) from Gain/(Loss) from New * * General Revenue Fund New Other/Mortage Other/Mortage * * 0001 Revenue Bond Revenue Bonds * * 2002 $(10,947,275) $(9,023,000) $9,023,000 * * 2003 (10,797,275) (8,873,000) 8,873,000 * * 2004 (10,797,275) (8,738,000) 8,738,000 * * 2005 (10,797,275) (8,738,000) 8,738,000 * * 2006 (10,797,275) (8,738,000) 8,738,000 * ************************************************************************** Technology Impact None. Fiscal Analysis The bill would require the Texas Department of Housing and Community Affairs (TDHCA) to undertake a study of specified under-served single family mortgage markets, including households with lower credit ratings than currently served through the First-Time Homebuyer Program. The bill further would require TDHCA to allocate no less than 40 percent of its single-family mortgage revenue bond loan volume to these sub-markets, subject to a satisfactory market demand through the market study. The bill would amend Section 2306.587, Government Code, relating to funding self-help centers, by disallowing the use of community development block grants (CDBG) as a funding source for the centers. According to TDHCA, alternative funding would therefore need to be found for the self-help centers required under existing statute. Because no other existing TDHCA resources are currently available, General Revenue would be needed to replace the current level of CDBG funding of contracts for self-help centers. The bill would add Subchapter GG to Chapter 2306, Government Code, creating a Colonia Model Subdivision Revolving Loan Fund. TDHCA would be allowed to provide a loan from the new fund to colonia self-help centers and community housing development organizations. According to TDHCA this limitation precludes the use of CDBG funds, which can be made only to units of general local government in the forms of grants, not loans. As with the self-help centers, TDHCA reports no other existing funding source within the agency is available. Therefore, General Revenue would be needed. The bill would take effect September 1, 2001. Methodology TDHCA estimated the cost based on issuance of 40 percent of its $108.6 million private activity bond authority as sub-prime (based on 2001 volume). Costs reflect additional reserves needed for these types of loans. Because sub-prime loans may produce more losses than prime loans, rating agencies require additional Loss Coverage Reserves (LCRs) to compensate for the additional risk. To minimize the LCR required, the TDHCA used a lower loan-to-values rate. According to TDHCA, merely granting the 20 percent in down payment assistance most likely would result in higher LCRs than normally required for an 80 percent loan-to-value mortgage, requiring the borrower to have 10 percent for down payment. TDHCA reports that granting only 10 percent to borrowers would require at least $4.3 million at the 40 percent set-aside proposed. TDHCA reports that they do not have sufficient funds to finance this reserve and would have to rely on state General Revenue funds. Although TDHCA 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 $1.8 million per year. The cost of the market study may be recovered from bond proceeds, although TDHCA is not certain that more than approximately $200,000 may be recovered without adversely impacting the mortgage rate. According to TDHCA, total cost to the state would be $10,947,275 in fiscal year 2002 and $10,797,275 in each subsequent year in General Revenue, mainly for reserves. Local Government Impact No significant 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