78R2258 QS-D

By:  Jones of Dallas                                              H.B. No. 1667



A BILL TO BE ENTITLED

AN ACT

relating to a fee imposed on real estate transactions to fund a 
housing repair program for elderly individuals of low income.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 118.011, Local Government Code, is 
amended by adding Subsection (h) to read as follows:
	(h)  In addition to the fee prescribed by Subsection (a)(2), 
a county clerk shall collect $4 for the filing of the first page of a 
real property record.  The county clerk shall keep a separate record 
of the money collected under this subsection and shall send the 
money to the county treasurer not later than the deadline specified 
by Section 113.022.  The county treasurer shall send the money 
received under this subsection to the comptroller not later than 
the last day of the month following each quarter.  The comptroller 
shall deposit the money received to the credit of the nonprofit 
housing repair account established by Section 2306.258, Government 
Code.
	SECTION 2.  Subchapter K, Chapter 2306, Government Code, is 
amended by adding Sections 2306.258 and 2306.2585 to read as 
follows:
	Sec. 2306.258.  NONPROFIT HOUSING REPAIR ACCOUNT.  The 
nonprofit housing repair account is an account in the state 
treasury.  Money in the account may be appropriated only for a 
purpose provided by this section.  The department shall use the 
account to award grants to nonprofit organizations participating in 
the nonprofit housing repair program for elderly individuals of low 
income established under Section 2306.2585.
	Sec. 2306.2585.  NONPROFIT HOUSING REPAIR PROGRAM FOR 
ELDERLY INDIVIDUALS OF LOW INCOME.  (a)  In this section:
		(1)  "Elderly individual of low income" means an 
individual of 60 years of age or older earning not more than 80 
percent of the area median income, as determined under Section 
2306.123.
		(2)  "Housing repair services" means services for any 
repairs reasonably necessary for the functional and safe operation 
and maintenance of a single-family home or multifamily unit.
		(3)  "Nonprofit organization" means a private, 
nonprofit, tax-exempt corporation under Section 501(c)(3), 
Internal Revenue Code of 1986.
	(b)  The department shall develop and administer a housing 
repair program to provide financial assistance to nonprofit 
organizations that provide housing repair services to elderly 
individuals of low income.
	(c)  A nonprofit organization may provide housing repair 
services under this section to an elderly individual of low income 
who rents or owns:
		(1)  a single-family home; or                                          
		(2)  a unit in a multifamily housing development.                      
	(d)  The department shall award grants to nonprofit 
organizations under this section on an annual basis.
	(e)  To be eligible to receive a grant, a nonprofit 
organization must demonstrate that it has at least two years of 
successful experience providing housing repair services to elderly 
individuals of low income.
	(f)  A grant application must be filed with the department in 
the form prescribed by the director.  An application must include:
		(1)  a statement of the amount of money requested;                     
		(2)  a description of the proposed repair projects;                    
		(3)  a description of the applicant's qualifications, 
including the applicant's experience with providing housing repair 
services to elderly individuals of low income;
		(4)  a proposed budget for the housing repair projects 
the applicant anticipates completing; and
		(5)  any other information required by the board.                      
	(g)  The board shall adopt rules to administer the program, 
including rules relating to the application process, eligibility 
for grants, and accountability.
	SECTION 3.  The change in law made by this Act applies only 
to a document presented for recording to a county clerk on or after 
the effective date of this Act.  A document presented for recording 
before the effective date of this Act is governed by the law as it 
existed immediately before the effective date of this Act and that 
law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.