SRC-VRA C.S.S.B. 1520 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1520
78R14159 TBy: Lucio
Intergovernmental Relations
5/1/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, three individuals are needed to file an application with local
government to create a housing finance corporation (HFC) and to be the
original incorporators.  Additionally, an HFC is not explicitly allowed to
enter into a partnership agreement with a developer.  Thus an HFC will
often form additional corporations to enter partnership agreements.
Likewise, an HFC may have a corporate seal to execute instruments,
including the issuance of bonds, by the corporation's officers.  C.S.S.B.
1520 provides for technical changes in laws related to the creation and
operation of housing finance corporations. 

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 394.011, Local Government Code, by amending
Subsection (a) to require the governing body of a local government to
consider a written application for the incorporation of a housing finance
corporation filed with the governing body by one or more residents, rather
than at least three, of the local government who are citizens of this
state and at least 18 years of age. 

SECTION 2.  Amends Section 394.012, Local Government Code, by amending
Subsection (a) to make a conforming change. 

SECTION 3.  Amends Section 394.013, Local Government Code, to make a
conforming change. 

SECTION 4.  Amends Section 394.032, Local Government Code, by amending
Subsection (a) and adding Subsection (f), as follows: 

(a)(1)  Authorizes a housing finance corporation (HFC) to make contracts
and other instruments as necessary or convenient to the exercise of powers
under this chapter including entering partnership agreements. 

 (f)  Authorizes an HFC to be a partner in a general or limited
partnership. 

SECTION 5.  Amends Section 394.033, Local Government Code, by amending
Subsection (b) to authorize, but not require, an HFC to have a corporate
seal, which may be altered at will, and to authorize, but not require, an
HFC to use the seal by causing it, or a facsimile of it, to be impressed
on, affixed to, or otherwise reproduced on any instrument required to be
executed by the corporation's officers, including, but not limited to, its
bonds. 

SECTION 6.  Amends Section 394.051, Local Government Code, as follows:

Deletes existing Subsections (c) and (d) and redesignates existing
Subsections (e) through (h) as (c) through (f).  

 (c)  Requires the HFC to notify the Texas Department on Aging (TDoA) of
each bond issuance for multifamily projects and to deliver a copy of each
certificate of resolution authorizing the issuance and any other
information required by TDoA. 

SECTION 7.  Amends Section 394.053, Local Government Code, by amending
Subsection (a) to provide that the corporation's seal need not be
impressed on, applied to, or otherwise reproduced on the bonds for the
bonds to be valid obligations of the corporation. 

SECTION 8.  Effective date:  upon passage or September 1, 2003.