| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the sale or donation of certain school district |
|
|
property for the development of affordable housing for school |
|
|
district personnel and other income-eligible persons. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 11, Education Code, is |
|
|
amended by adding Section 11.15415 to read as follows: |
|
|
Sec. 11.15415. SALE OR DONATION OF PROPERTY FOR DEVELOPMENT |
|
|
OF AFFORDABLE HOUSING. (a) This section applies only to a board of |
|
|
trustees of an independent school district located in a county |
|
|
that: |
|
|
(1) borders the United Mexican States and the Gulf of |
|
|
Mexico; |
|
|
(2) borders the Gulf of Mexico and has a population of |
|
|
less than 10,000; or |
|
|
(3) is adjacent to a county described by Subdivision |
|
|
(1) or (2) and has a population of more than 20,000. |
|
|
(b) Notwithstanding any other provision of law, the board of |
|
|
trustees of an independent school district to which this section |
|
|
applies may by resolution authorize the sale, at less than fair |
|
|
market value, or donation of any property held in trust for public |
|
|
school purposes to the Texas State Affordable Housing Corporation |
|
|
or another nonprofit organization with expertise in developing |
|
|
affordable housing for the development of affordable housing under |
|
|
Section 2306.570, Government Code. |
|
|
(c) Before adopting a resolution to sell or donate property |
|
|
under this section, the board of trustees of an independent school |
|
|
district: |
|
|
(1) shall: |
|
|
(A) hold a public hearing concerning the sale or |
|
|
donation of the property and, in addition to any other notice |
|
|
required, give notice of the hearing by publishing the subject |
|
|
matter, location, date, and time of the hearing in a newspaper |
|
|
having general circulation in the territory of the district; |
|
|
(B) ensure that the sale or donation complies |
|
|
with Section 52, Article III, Texas Constitution, and any other |
|
|
applicable provisions of the Texas Constitution; |
|
|
(C) ensure that a percentage of the housing units |
|
|
on the property will be reserved for income-eligible school |
|
|
district personnel, including educators, school nurses, school |
|
|
counselors, and other administrative staff of the school; and |
|
|
(D) ensure that the sale or donation will serve a |
|
|
public purpose; and |
|
|
(2) may: |
|
|
(A) require that a percentage of the housing |
|
|
units developed on the property be reserved for persons eligible to |
|
|
receive a loan under Section 2306.5621, Government Code; and |
|
|
(B) require that a percentage of the housing |
|
|
units developed on the property be reserved for other |
|
|
income-eligible persons in a manner that serves community needs, as |
|
|
determined by the board. |
|
|
SECTION 2. Section 2306.553, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 2306.553. PURPOSES. (a) The public purpose of the |
|
|
corporation is to perform activities and services that the |
|
|
corporation's board of directors determines will promote the public |
|
|
health, safety, and welfare through the provision of adequate, |
|
|
safe, and sanitary housing primarily for individuals and families |
|
|
of moderate, low, very low, and extremely low income and for persons |
|
|
who are eligible for loans under the home loan program provided by |
|
|
Section 2306.5621 or who are eligible to receive affordable housing |
|
|
under Section 2306.570. The activities and services shall include |
|
|
engaging in mortgage banking activities and lending transactions |
|
|
and acquiring, holding, selling, or leasing real or personal |
|
|
property. |
|
|
(b) The corporation's primary public purpose is to |
|
|
facilitate the provision of housing by issuing qualified 501(c)(3) |
|
|
bonds and qualified residential rental project bonds and by making |
|
|
affordable loans to individuals and families of moderate, low, very |
|
|
low, and extremely low income and to persons who are eligible for |
|
|
loans under the home loan program provided by Section 2306.5621. |
|
|
(b-1) The corporation may make first lien, single family |
|
|
purchase money mortgage loans for single family homes only to |
|
|
individuals and families of moderate, low, very low, and extremely |
|
|
low income [if the individual's or family's household income is not
|
|
|
more than the greater of 60 percent of the median income for the
|
|
|
state, as defined by the United States Department of Housing and
|
|
|
Urban Development, or 60 percent of the area median family income,
|
|
|
adjusted for family size, as defined by that department]. |
|
|
(b-2) The corporation may make loans for multifamily |
|
|
developments if: |
|
|
(1) at least 40 percent of the units in a multifamily |
|
|
development are affordable to individuals and families with incomes |
|
|
at or below 60 percent of the median family income, adjusted for |
|
|
family size; or |
|
|
(2) at least 20 percent of the units in a multifamily |
|
|
development are affordable to individuals and families with incomes |
|
|
at or below 50 percent of the median family income, adjusted for |
|
|
family size. |
|
|
(c) To the extent reasonably practicable, the corporation |
|
|
shall use the services of banks, community banks, savings banks, |
|
|
thrifts, savings and loan associations, private mortgage |
|
|
companies, nonprofit organizations, and other lenders for the |
|
|
origination of all loans contemplated by this subchapter and assist |
|
|
the lenders in providing credit primarily to individuals and |
|
|
families of moderate, low, very low, and extremely low income. |
|
|
SECTION 3. Section 2306.555(d), Government Code, is amended |
|
|
to read as follows: |
|
|
(d) All of the mortgage banking operations shall be |
|
|
dedicated to the furtherance of facilitating affordable housing |
|
|
finance primarily for the benefit of individuals and families of |
|
|
moderate, low, very low, and extremely low income who, generally, |
|
|
are not afforded housing finance options through conventional |
|
|
lending channels. |
|
|
SECTION 4. Section 2306.5552, Government Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2306.5552. TECHNICAL AND FINANCIAL ASSISTANCE |
|
|
PROVIDED TO NONPROFIT ORGANIZATIONS. The corporation shall |
|
|
supplement the technical and financial capacity of other |
|
|
appropriate nonprofit organizations to provide for the multifamily |
|
|
and single-family housing needs of individuals and families of |
|
|
moderate, low, very low, and extremely low income. |
|
|
SECTION 5. Subchapter Y, Chapter 2306, Government Code, is |
|
|
amended by adding Section 2306.570 to read as follows: |
|
|
Sec. 2306.570. DEVELOPMENT OF AFFORDABLE HOUSING FOR |
|
|
CERTAIN SCHOOL DISTRICT PERSONNEL. (a) The corporation or a |
|
|
nonprofit organization designated by the corporation with |
|
|
expertise in developing affordable housing may purchase or receive |
|
|
property under Section 11.15415, Education Code, to develop |
|
|
multifamily and single-family affordable housing units for: |
|
|
(1) school district personnel, including educators, |
|
|
school nurses, school counselors, and other administrative staff of |
|
|
the school district; or |
|
|
(2) other persons specified by Section |
|
|
11.15415(c)(2), Education Code. |
|
|
(b) The corporation or a nonprofit organization that |
|
|
purchases or receives property to develop affordable housing shall: |
|
|
(1) ensure that the property will be used in |
|
|
accordance with the public purposes of the corporation outlined |
|
|
under Section 2306.553; and |
|
|
(2) impose deed restrictions requiring the sale or |
|
|
rental of the property to moderate or low income households. |
|
|
(c) For multifamily housing units developed under this |
|
|
section, the deed restrictions must require that: |
|
|
(1) not less than 80 percent of the units must be |
|
|
occupied by and affordable to families with a household income of |
|
|
not more than 80 percent of the annual area median family income, |
|
|
based on gross household income and adjusted for household size, |
|
|
for the county or metropolitan statistical area in which the units |
|
|
are located; and |
|
|
(2) for multifamily housing units available for rent: |
|
|
(A) not less than 40 percent of the units must be |
|
|
occupied by and affordable to families with a household income of |
|
|
not more than 60 percent of the annual area median family income, |
|
|
based on gross household income and adjusted for household size, |
|
|
for the county or metropolitan statistical area in which the units |
|
|
are located; or |
|
|
(B) not less than 20 percent of the units must be |
|
|
occupied by and affordable to families with a household income of |
|
|
not more than 50 percent of the annual area median family income, |
|
|
based on gross household income and adjusted for household size, |
|
|
for the county or metropolitan statistical area in which the units |
|
|
are located. |
|
|
(d) For single-family housing units developed under this |
|
|
section, the deed restrictions must require that: |
|
|
(1) not less than 50 percent of the units must be sold |
|
|
to families with a household income of not more than 80 percent of |
|
|
the annual area median family income, based on gross household |
|
|
income and adjusted for household size, for the county or |
|
|
metropolitan statistical area in which the units are located; and |
|
|
(2) the remaining units must be sold to families with a |
|
|
household income of not more than 120 percent of the annual area |
|
|
median family income, based on gross household income and adjusted |
|
|
for household size, for the county or metropolitan statistical area |
|
|
in which the units are located. |
|
|
SECTION 6. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |
|
|
|
|
|
* * * * * |