81R8904 JAM-D
By: Davis of Dallas H.B. No. 3163
A BILL TO BE ENTITLED
AN ACT
relating to funding the housing trust fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.201, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The fund consists of:
(1) appropriations or transfers made to the fund;
(2) unencumbered fund balances;
(3) public or private gifts, [or] grants, or
donations;
(4) investment income, including all interest,
dividends, capital gains, or other income from the investment of
any portion of the fund;
(5) repayments received on loans made from the fund;
[and]
(6) money deposited to the fund under Section
118.0115, Local Government Code; and
(7) funds from any other source.
(c) The department may accept gifts, grants, or donations
for the housing trust fund. All funds received for the housing trust
fund under Subsection (b) shall be deposited or transferred into
the Texas Treasury Safekeeping Trust Company.
SECTION 2. Section 118.011, Local Government Code, is
amended by adding Subsection (g) to read as follows:
(g) A county clerk shall collect an affordable housing fee
of $10 for each document filed for recording for which a fee is
charged as described by Section 118.013. This fee is in addition to
any other fee charged for recording the document, and the clerk
shall collect the fee at the time the document is presented for
recording.
SECTION 3. Subchapter B, Chapter 118, Local Government
Code, is amended by adding Section 118.0115 to read as follows:
Sec. 118.0115. AFFORDABLE HOUSING FEE. (a) Not later than
the deadline specified by Section 113.022, the county clerk shall
remit to the county treasurer the affordable housing fees collected
under Section 118.011(g).
(b) Not later than the last day of the month following each
quarter, the county treasurer shall remit to the comptroller $9.90
of each affordable housing fee received under Subsection (a) for
that quarter. The county treasurer shall retain 10 cents of each
fee and any interest earned on the entire fee to reimburse the
county for expenses associated with collecting and remitting the
fee.
(c) The comptroller shall deposit amounts received under
Subsection (b) to the credit of the housing trust fund established
under Section 2306.201, Government Code, for use in accordance with
the purposes of that fund.
SECTION 4. The change in law made by this Act in adding
Section 118.011(g), Local Government Code, applies only to a
document presented for recording to a county clerk on or after the
effective date of this Act. A document presented for recording
before the effective date of this Act is governed by the law as it
existed immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.