| 1 | 1 | | 81R8904 JAM-D |
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| 2 | 2 | | By: Lucio S.B. No. 934 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to funding the housing trust fund. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2306.201, Government Code, is amended by |
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| 10 | 10 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (b) The fund consists of: |
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| 13 | 13 | | (1) appropriations or transfers made to the fund; |
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| 14 | 14 | | (2) unencumbered fund balances; |
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| 15 | 15 | | (3) public or private gifts, [or] grants, or |
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| 16 | 16 | | donations; |
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| 17 | 17 | | (4) investment income, including all interest, |
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| 18 | 18 | | dividends, capital gains, or other income from the investment of |
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| 19 | 19 | | any portion of the fund; |
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| 20 | 20 | | (5) repayments received on loans made from the fund; |
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| 21 | 21 | | [and] |
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| 22 | 22 | | (6) money deposited to the fund under Section |
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| 23 | 23 | | 118.0115, Local Government Code; and |
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| 24 | 24 | | (7) funds from any other source. |
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| 25 | 25 | | (c) The department may accept gifts, grants, or donations |
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| 26 | 26 | | for the housing trust fund. All funds received for the housing trust |
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| 27 | 27 | | fund under Subsection (b) shall be deposited or transferred into |
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| 28 | 28 | | the Texas Treasury Safekeeping Trust Company. |
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| 29 | 29 | | SECTION 2. Section 118.011, Local Government Code, is |
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| 30 | 30 | | amended by adding Subsection (g) to read as follows: |
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| 31 | 31 | | (g) A county clerk shall collect an affordable housing fee |
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| 32 | 32 | | of $10 for each document filed for recording for which a fee is |
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| 33 | 33 | | charged as described by Section 118.013. This fee is in addition to |
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| 34 | 34 | | any other fee charged for recording the document, and the clerk |
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| 35 | 35 | | shall collect the fee at the time the document is presented for |
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| 36 | 36 | | recording. |
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| 37 | 37 | | SECTION 3. Subchapter B, Chapter 118, Local Government |
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| 38 | 38 | | Code, is amended by adding Section 118.0115 to read as follows: |
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| 39 | 39 | | Sec. 118.0115. AFFORDABLE HOUSING FEE. (a) Not later than |
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| 40 | 40 | | the deadline specified by Section 113.022, the county clerk shall |
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| 41 | 41 | | remit to the county treasurer the affordable housing fees collected |
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| 42 | 42 | | under Section 118.011(g). |
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| 43 | 43 | | (b) Not later than the last day of the month following each |
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| 44 | 44 | | quarter, the county treasurer shall remit to the comptroller $9.90 |
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| 45 | 45 | | of each affordable housing fee received under Subsection (a) for |
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| 46 | 46 | | that quarter. The county treasurer shall retain 10 cents of each |
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| 47 | 47 | | fee and any interest earned on the entire fee to reimburse the |
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| 48 | 48 | | county for expenses associated with collecting and remitting the |
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| 49 | 49 | | fee. |
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| 50 | 50 | | (c) The comptroller shall deposit amounts received under |
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| 51 | 51 | | Subsection (b) to the credit of the housing trust fund established |
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| 52 | 52 | | under Section 2306.201, Government Code, for use in accordance with |
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| 53 | 53 | | the purposes of that fund. |
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| 54 | 54 | | SECTION 4. The change in law made by this Act in adding |
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| 55 | 55 | | Section 118.011(g), Local Government Code, applies only to a |
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| 56 | 56 | | document presented for recording to a county clerk on or after the |
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| 57 | 57 | | effective date of this Act. A document presented for recording |
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| 58 | 58 | | before the effective date of this Act is governed by the law as it |
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| 59 | 59 | | existed immediately before the effective date of this Act, and the |
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| 60 | 60 | | former law is continued in effect for that purpose. |
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| 61 | 61 | | SECTION 5. This Act takes effect September 1, 2009. |
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