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


Office of House Bill AnalysisC.S.H.B. 3294
By: Wise
Urban Affairs
4/17/2001
Committee Report (Substituted)



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. C.S.H.B. 3294 requires the
issuance of single-family mortgage revenue bonds, 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 2, (Section 2306.142 Government Code), SECTION
10 (Section 2306.755 Government Code), and SECTION 13 (Section 2306.786
Government Code) of this bill.  

ANALYSIS

C.S.H.B. 3294 amends the Government Code to require for the issuance of
single-family mortgage revenue bonds by the Texas Department of Housing and
Community Affairs (department) to make home mortgage credit available to
economic and geographic submarkets of borrowers who are not served or who
are substantially underserved by the conventional home mortgage lending
industry or by housing finance corporations.  The bill requires the
governing board of the department (board) by rule to adopt a methodology
for determining through a market study the home mortgage credit needs in
underserved economic and geographic submarkets in the state.  The bill sets
forth requirements for the department or its designee when conducting the
market study and for the department to obtain the  authorization to issue
the single-family mortgage revenue bonds (Sec. 2306.142).     

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 that in order to operate a colonia self-help center, the
department is to enter into a fouryear contract directly with a local
nonprofit organization or a local housing authority subject to the
availability of revenue for that purpose.  The department is solely
responsible for contract oversight and for the monitoring of colonia
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 made under the department's owner-builder housing program.
The bill requires the department by rule to adopt procedures for the
certification of nonprofit owner-builder housing programs (Sec. 2306.755).

The bill authorizes the department to use in a fiscal year no more than 10
percent of the revenue available for the owner-builder housing program to
enhance the ability of tax-exempt organizations to implement the purposes
of the department (Sec. 2306.758).  

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 $3 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 bill requires the department to establish the colonia
model subdivision revolving loan fund.  The department is required to
deposit money repaid from loans under the program to the fund, and is
authorized to use up to $2 million of the community development block grant
that is set aside for colonias in each state fiscal year until August 31,
2010 to provide colonia model subdivision loans (Sec. 2306.783).  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. 2306.785). 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.
2306.786).   

C.S.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 16).  

EFFECTIVE DATE

September 1, 2001.




 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B 3294 modifies the original bill by requiring the Texas Department
of Housing and Community Affairs (department) to issue single-family
mortgage revenue bonds and setting forth provisions relating to the
issuance of the bonds (Sec. 2306.142).  The substitute adds provisions
pertaining to an alternative to the subprime lender list if such a list is
not available from the United States Department of Housing and Urban
Development (Sec. 2306.143).  The substitute provides that contracts for
the operation of colonia self-help centers are subject to the availability
of revenue for that purpose (Sec. 2306.587).  The substitute adds the
provision that  the department is authorized to use no more than 10 percent
of the revenue available for the owner-builder loan program to enhance the
ability of tax-exempt organizations to implement the purposes of the
department (Sec. 2306.758).  The substitute decreases from $6 million to
$3million the amount that the department is required to transfer to the
owner-builder revolving loan fund in each state fiscal year (Sec.
2306.7581).  The substitute removes the requirement that the department
operate the colonia model subdivision program only in counties eligible as
economically distressed areas to receive financial assistance for water
supply and sewer service projects (SECTION 13).  The bill removes the
requirement that the department transfer $2 million to the colonia model
subdivision fund each year and authorizes the department to use up to $2
million of the community development block grant that is set aside for
colonias to provide colonia model subdivision loans in each state fiscal
year (Sec. 2306.783).