HBA-CMT H.B. 3294 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3294
By: Wise
Urban Affairs
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the state funds the operation of colonia self-help centers to
provide home finance assistance, counseling, a tool library, instruction,
technical assistance on installation of and financing for septic systems,
and related services to colonia residents residing along the Texas and
Mexico border.  The state also operates the owner-builder loan program to
provide loans through the colonia self-help centers for the construction
and improvement of residential housing for low-income individuals and
families.  However, improvements to these programs could help them address
the needs of colonia residents more effectively. House Bill 3294 modifies
the existing colonia self-help center program, establishes a new colonia
model subdivision program, and modifies the existing owner-builder loan
program, including the establishment of a permanent revolving loan fund.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Housing and
Community Affairs in SECTION 1, 9, and 12 (Sections 2306.359, 2306.755, and
2306.787, Government Code) of this bill.  

ANALYSIS

House Bill 3294 amends the Government Code to authorize the Texas
Department of Housing and Community Affairs (department) to issue in
addition to other bonds tax-exempt single-family mortgage revenue bonds to
make home mortgage loans to economic and geographic submarkets of borrowers
of extremely low and very low income and who are not served or who are
substantially underserved by the private home mortgage lending industry or
by housing finance corporations.  The department by rule is required to
adopt a process for identifying the unmet or substantially underserved home
mortgage credit submarkets.  In identifying the submarkets, the department
is required to consider grants of reservations of the state ceiling to
housing finance corporations and consider the volume of home mortgage loans
made by private lenders to individuals and families of extremely low and
very low income and the interest rates and terms of those loans.  The bill
sets forth requirements for the approval of any issuance of single -family
mortgage revenue bonds by the governing board of the department (board).
The bill requires the board to maximize the use of any subsidy to meet the
credit needs of the unmet or substantially underserved economic and
geographic submarkets.  The department is required to adopt by rule a
process to allow colonia self-help centers, certified community  housing
development organizations, and any other appropriate institutions to
originate home mortgage loans on behalf of the department.  The bill
requires the department in conjunction with its identification of unmet or
substantially underserved home mortgage credit needs  to determine the
adequacy of private home mortgage credit in predominately rural counties,
certain census tracts with low income  and counties adjacent to the
international border.  The bill requires the department to adopt a policy
for serving those areas (Sec. 2306.359). 

The bill authorizes the department to change the designation of colonias in
consultation with the colonia advisory committee and the appropriate self
help center, and requires the department to consult with the colonia
advisory committee to designate five colonias in each service area to
receive concentrated attention from that center (Sec. 2306.583).   
 
The bill requires the colonia advisory committee to report directly to the
board and to meet jointly with the board at least annually.  The board is
required to designate one of its members to attend the meetings of the
colonia advisory committee (Sec. 2306.585). 

The bill requires that in order to operate a self-help center, the
department is to enter into a four-year contract directly with a local
nonprofit organization or a local housing authority.  The department is
solely responsible for contract oversight and for the monitoring of
self-help centers (Sec. 2306.587). 

The bill deletes the provision that to be eligible for a loan from a
colonia self-help center, an owner-builder must reside with at least two
other persons related to the owner-builder in the first degree (Sec.
2306.753). The bill increases from $25,000 to $30,000 the maximum amount of
a loan that may be given through a colonia self-help center (Sec.
2306.754).   

The bill authorizes the department to certify nonprofit owner-builder
housing programs operated by a taxexempt organization to originate or
service loans as an agent of the department.  The bill requires the
department by rule to adopt procedures for the certification of nonprofit
owner-builder housing programs (Sec. 2306.755).    

The bill requires the department to establish an owner-builder revolving
loan fund in the department for the sole purpose of funding loans under the
owner-builder loan program using any available source of revenue, including
the required transfer by the department to the fund of at least $6 million
each state fiscal year until August 31, 2010.  The department is required
to deposit money received in repayment of an owner-builder loan to the
owner-builder revolving loan fund (Sec. 2306.7581). 

The department is required to establish the colonia model subdivision
program (program) to promote the development of new, high-quality,
residential subdivisions that provide alternatives to substandard colonias
and housing options affordable to individuals and families of extremely low
and very low income who would otherwise move into substandard colonias
(Sec. 2306.782).  The department is required to operate the program only in
counties eligible as economically distressed areas to receive financial
assistance  for water supply and sewer service projects (Sec. 2306.783).
The bill requires the department to establish the colonia model subdivision
loan fund.  The department is required to deposit money repaid from loans
under the program to the fund, and to transfer $2 million to the fund each
state fiscal year until August 31, 2010 (Sec. 2306.784).  The bill sets
forth provisions relating to the terms and uses of loans given by the
department from the colonia model subdivision loan fund (Sec. 2306.786).
In administering the program, the department by rule is required to adopt
any subdivision standards in excess of local standards the department
considers necessary, as well as, loan application procedures, program
guidelines, and contract award procedures.  The bill requires the
department to adopt rules for the program to ensure that a borrower sells
real property under the program only to an individual borrower, nonprofit
housing developer, or to a for-profit housing developer for the purposes of
constructing residential dwelling units, and that require a borrower to
convey real property under the program at a cost that is affordable to
individuals and families of extremely low income or  individuals and
families of very low income (Sec. 2306.787).   

H.B. 3294 amends the Tax Code to entitle a charitable organization to an
exemption from taxation of unimproved real property purchased through the
colonia model subdivision program as well as an exemption  from taxation on
any building or tangible personal property the organization owns and uses
in the administration of its acquisition, building, repair, or sale of the
property.  If the charitable organization sells the property to a person
other than an individual borrower, nonprofit housing developer, or
for-profit housing developer for the purposes of constructing residential
dwelling units, a penalty is imposed on the property equal to the taxes
that would have been imposed on the property in each tax year plus interest
at an annual rate of 12 percent computed from the dates on which the taxes
would have become due (Sec. 11.184). 

The bill repeals the provision that the owner-builder loan program expires
September 1, 2005 (SECTION 14).  
  EFFECTIVE DATE

September 1, 2001.