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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale or donation of certain school district |
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property for the development of affordable housing for school |
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district personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.15415 to read as follows: |
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Sec. 11.15415. SALE OR DONATION OF PROPERTY FOR DEVELOPMENT |
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OF AFFORDABLE HOUSING. (a) Notwithstanding any other provision of |
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law, the board of trustees of an independent school district may by |
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resolution authorize the sale, at less than fair market value, or |
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donation of any property held in trust for public school purposes to |
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the Texas State Affordable Housing Corporation or another nonprofit |
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organization with expertise in developing affordable housing for |
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the development of affordable housing under Section 2306.570, |
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Government Code. |
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(b) Before adopting a resolution to sell or donate property |
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under this section, the board of trustees of an independent school |
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district shall: |
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(1) hold a public hearing concerning the sale or |
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donation of the property and, in addition to any other notice |
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required, give notice of the hearing by publishing the subject |
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matter, location, date, and time of the hearing in a newspaper |
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having general circulation in the territory of the district; |
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(2) ensure that the sale or donation complies with |
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Section 52, Article III, Texas Constitution, and any other |
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applicable provisions of the Texas Constitution; and |
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(3) ensure that the sale will serve a public purpose. |
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SECTION 2. Section 2306.553(a), Government Code, is amended |
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to read as follows: |
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(a) The public purpose of the corporation is to perform |
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activities and services that the corporation's board of directors |
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determines will promote the public health, safety, and welfare |
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through the provision of adequate, safe, and sanitary housing |
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primarily for individuals and families of low, very low, and |
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extremely low income and for persons who are eligible for loans |
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under the home loan program provided by Section 2306.5621 or who are |
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eligible to receive affordable housing under Section 2306.570. The |
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activities and services shall include engaging in mortgage banking |
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activities and lending transactions and acquiring, holding, |
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selling, or leasing real or personal property. |
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SECTION 3. Subchapter Y, Chapter 2306, Government Code, is |
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amended by adding Section 2306.570 to read as follows: |
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Sec. 2306.570. DEVELOPMENT OF AFFORDABLE HOUSING FOR |
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CERTAIN SCHOOL DISTRICT PERSONNEL. (a) The corporation or a |
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nonprofit organization designated by the corporation with |
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expertise in developing affordable housing may purchase or receive |
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property under Section 11.15415, Education Code, to develop |
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multifamily and single-family affordable housing units for school |
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district personnel, including educators, school nurses, school |
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counselors, and other administrative staff of the school district. |
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(b) The corporation or a nonprofit organization that |
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purchases or receives property to develop affordable housing shall: |
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(1) ensure that the property will be used in |
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accordance with the public purposes of the corporation outlined |
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under Section 2306.553; and |
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(2) impose deed restrictions requiring the sale or |
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rental of the property to moderate or low income households. |
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(c) For multifamily housing units developed under this |
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section the deed restrictions must require that: |
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(1) not less than 80 percent of the units must be |
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occupied by and affordable to families with a household income of |
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not more than 80 percent of the area median family income, based on |
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gross household income and adjusted for household size, for the |
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county or metropolitan statistical area in which the units are |
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located; and |
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(2) for multifamily housing units available for rent: |
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(A) not less than 40 percent of the units must be |
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occupied by and affordable to families with a household income of |
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not more than 60 percent of the area median family income, based on |
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gross household income and adjusted for household size, for the |
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county or metropolitan statistical area in which the units are |
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located; or |
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(B) not less than 20 percent of the units must be |
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occupied by and affordable to families with a household income of |
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not more than 50 percent of the area median family income, based on |
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gross household income and adjusted for household size, for the |
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county or metropolitan statistical area in which the units are |
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located. |
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(d) For single-family housing units developed under this |
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section the deed restrictions must require that: |
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(1) not less than 50 percent of the units must be sold |
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to families with a household income of not more than 80 percent of |
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the area median family income, based on gross household income and |
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adjusted for household size, for the county or metropolitan |
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statistical area in which the units are located; and |
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(2) the remaining units must be sold to families with a |
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household income of not more than 120 percent of the area median |
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family income, based on gross household income and adjusted for |
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household size, for the county or metropolitan statistical area in |
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which the units are located. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |