HBA-TBM C.S.H.B. 3414 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3414
By: McClendon
Urban Affairs
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Modern housing developments have begun to combine commercial space with
residential space, providing residents with services such as laundry, day
care, health care, and retail stores.  Under current law, public housing
authorities are not authorized to incorporate commercial tenants into their
projects even though they could provide valuable services to tenants while
subsidizing the cost of a project.  C.S.H.B. 3414 authorizes public housing
authorities to incorporate commercial and residential space in housing
development projects.    

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. 

ANALYSIS

C.S.H.B. 3414 amends the Local Government Code to authorize a public
housing authority to form a partnership or another legal entity to raise
capital for a housing project to be owned by the partnership or other legal
entity, and to acquire, construct, lease, or manage commercial space
incidental to a mixedfinance housing project if certain restrictions are
met.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3414 differs from the original by authorizing a housing authority
to acquire, construct, lease, or manage commercial space incidental to a
mixed-finance housing project if the commercial space occupies less than 20
percent of the square footage of the housing project and can reasonably be
expected to be used by the residents of the housing project and if the
housing project is designed in a manner that minimizes the noise, safety,
and traffic impact of the commercial space on the residential space.  The
original authorized a housing authority to take over, construct, lease, or
manage commercial space incidental to a project with no restrictions.