81R10367 JAM-D

By: Davis of Dallas H.B. No. 3161

A BILL TO BE ENTITLED

AN ACT

relating to the administration of the Texas Department of Housing and Community Affairs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 2306, Government Code, is amended by adding Section 2306.0725 to read as follows:

Sec. 2306.0725. STUDY OF EFFECTIVENESS OF STATE LOW INCOME HOUSING PLAN. (a) The department shall conduct a study regarding the effectiveness of the annual state low income housing plan under Section 2306.0721 in identifying all available housing resources and directing those resources to address the need for affordable housing in the underserved areas of each uniform state service region.

(b) The study must examine and provide recommendations regarding strategies for increasing the availability of affordable housing in the areas described by Subsection (a).

(c) Not later than December 1, 2010, the department shall submit a report regarding the results of the study to the legislature.

(d) This section expires September 2, 2011.

SECTION 2. Subchapter F, Chapter 2306, Government Code, is amended by adding Section 2306.129 to read as follows:

Sec. 2306.129. FUNDING. The department shall seek and apply for any available federal funding, including federal matching funds, to assist with financing programs administered by the department.

SECTION 3. Section 2306.201(b), Government Code, is amended to read as follows:

(b) The fund consists of:

(1) appropriations or transfers made to the fund;

(2) unencumbered fund balances;

(3) public or private gifts or grants;

(4) investment income, including all interest, dividends, capital gains, or other income from the investment of any portion of the fund;

(5) repayments received on loans made from the fund; [and]

(6) money deposited to the fund under Section 118.0115, Local Government Code; and

(7) funds from any other source.

SECTION 4. Section 118.011, Local Government Code, is amended by adding Subsection (g) to read as follows:

(g) A county clerk shall collect an affordable housing fee of $10 for each document filed for recording for which a fee is charged as described by Section 118.013. This fee is in addition to any other fee charged for recording the document, and the clerk shall collect the fee at the time the document is presented for recording.

SECTION 5. Subchapter B, Chapter 118, Local Government Code, is amended by adding Section 118.0115 to read as follows:

Sec. 118.0115. AFFORDABLE HOUSING FEE. (a) Not later than the deadline specified by Section 113.022, the county clerk shall remit to the county treasurer the affordable housing fees collected under Section 118.011(g).

(b) Not later than the last day of the month following each quarter, the county treasurer shall remit to the comptroller $9.90 of each affordable housing fee received under Subsection (a) for that quarter. The county treasurer shall retain 10 cents of each fee and any interest earned on the entire fee to reimburse the county for expenses associated with collecting and remitting the fee.

(c) The comptroller shall deposit amounts received under Subsection (b) to the credit of the housing trust fund established under Section 2306.201, Government Code, for use in accordance with the purposes of that fund.

SECTION 6. The change in law made by this Act in adding Section 118.011(g), Local Government Code, 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 the former law is continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2009.