HBA-TYH, ALS H.B. 2209 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2209
By: McClendon
Urban Affairs
7/8/1999
Enrolled



BACKGROUND AND PURPOSE 

Under the Public Facility Corporation Act, housing authorities may create
nonprofit public facility corporations to promote development of
residential housing and accomplish other public purposes. Although the
legislature has declared public facility corporations to be public
corporations and instrumentalities of the housing authority, there is no
statutory provision specifically authorizing a housing authority that
creates a public facility corporation to enter into a transaction with that
corporation.  As a result, the attorney general, in reviewing tax-exempt
bond financing, has questioned the ability of such a housing authority to
make capital contributions or loans to these entities.   

H.B. 2209 allows a housing authority that creates a public facility
corporation to enter into various agreements with and  make various loans
and contributions to that corporation for the purpose of providing
affordable housing and other specified purposes relating to the promotion
of the development of residential housing. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 392, Local Government Code, by
adding Section 392.066, as follows: 

Sec. 392.066.  PUBLIC FACILITY CORPORATION.  (a) Authorizes an authority
that creates a public facility corporation (corporation) under Article
717s, (Public Facility Corporation Act) V.T.C.S., with or without
consideration, for the purpose of providing affordable housing or housing
assistance, to enter into an agreement to make a contribution to, make an
investment in, enter into a lease or exchange with, or make a mortgage or
loan to the corporation to: 

(1) acquire, construct, rehabilitate, renovate, repair, equip, furnish, or
provide assistance to a residential development under Section 394.004
(Application of Chapter to Certain Residential Developments) or a housing
project, or  

(2) achieve another public purpose authorized by law.

(b) Authorizes such an authority, with or without consideration, for the
purpose of providing affordable housing or housing assistance and for a
purpose described under Subsection (a), to: 

(1) transfer, convey, pledge, or use money, personal or real property, or
any other right or benefit that the authority is entitled to under law, and 

(2) pledge a right or benefit as described in Subdivision (1) to secure the
payment of indebtedness issued by the corporation. 
 
(c) Authorizes an authority to exercise a power under Subsection (a), for
the purpose of providing affordable housing or housing assistance, as
necessary to develop and diversify the state's economy; reduce unemployment
or underemployment; develop or expand commerce; or promote another public
purpose. 

(d) Provides that the powers granted by this section do not affect the
powers of an authority granted under the Public Facility Corporation Act. 

(e) Provides that a housing development project or program that uses funds
provided by an authority under this section must benefit individuals and
families with specified incomes in the same proportion that the funds
provided by the authority under this section bear to the overall cost of
the housing development project or other program. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.