86R8770 JG-F
By: Lucio S.B. No. 1114
A BILL TO BE ENTITLED
AN ACT
relating to the sale or donation of certain school district
property for the development of affordable housing for school
district personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.15415 to read as follows:
Sec. 11.15415. SALE OR DONATION OF PROPERTY FOR DEVELOPMENT
OF AFFORDABLE HOUSING. (a) Notwithstanding any other provision of
law, the board of trustees of an independent school district may by
resolution authorize the sale, at less than fair market value, or
donation of any property held in trust for public school purposes to
the Texas State Affordable Housing Corporation or another nonprofit
organization with expertise in developing affordable housing for
the development of affordable housing under Section 2306.570,
Government Code.
(b) Before adopting a resolution to sell or donate property
under this section, the board of trustees of an independent school
district shall:
(1) hold a public hearing concerning the sale or
donation of the property and, in addition to any other notice
required, give notice of the hearing by publishing the subject
matter, location, date, and time of the hearing in a newspaper
having general circulation in the territory of the district;
(2) ensure that the sale or donation complies with
Section 52, Article III, Texas Constitution, and any other
applicable provisions of the Texas Constitution; and
(3) ensure that the sale will serve a public purpose.
SECTION 2. Section 2306.553(a), Government Code, is amended
to read as follows:
(a) The public purpose of the corporation is to perform
activities and services that the corporation's board of directors
determines will promote the public health, safety, and welfare
through the provision of adequate, safe, and sanitary housing
primarily for individuals and families of low, very low, and
extremely low income and for persons who are eligible for loans
under the home loan program provided by Section 2306.5621 or who are
eligible to receive affordable housing under Section 2306.570. The
activities and services shall include engaging in mortgage banking
activities and lending transactions and acquiring, holding,
selling, or leasing real or personal property.
SECTION 3. Subchapter Y, Chapter 2306, Government Code, is
amended by adding Section 2306.570 to read as follows:
Sec. 2306.570. DEVELOPMENT OF AFFORDABLE HOUSING FOR
CERTAIN SCHOOL DISTRICT PERSONNEL. (a) The corporation or a
nonprofit organization designated by the corporation with
expertise in developing affordable housing may purchase or receive
property under Section 11.15415, Education Code, to develop
multifamily and single-family affordable housing units for school
district personnel, including educators, school nurses, school
counselors, and other administrative staff of the school district.
(b) The corporation or a nonprofit organization that
purchases or receives property to develop affordable housing shall:
(1) ensure that the property will be used in
accordance with the public purposes of the corporation outlined
under Section 2306.553; and
(2) impose deed restrictions requiring the sale or
rental of the property to moderate or low income households.
(c) For multifamily housing units developed under this
section the deed restrictions must require that:
(1) not less than 80 percent of the units must be
occupied by and affordable to families with a household income of
not more than 80 percent of the area median family income, based on
gross household income and adjusted for household size, for the
county or metropolitan statistical area in which the units are
located; and
(2) for multifamily housing units available for rent:
(A) not less than 40 percent of the units must be
occupied by and affordable to families with a household income of
not more than 60 percent of the area median family income, based on
gross household income and adjusted for household size, for the
county or metropolitan statistical area in which the units are
located; or
(B) not less than 20 percent of the units must be
occupied by and affordable to families with a household income of
not more than 50 percent of the area median family income, based on
gross household income and adjusted for household size, for the
county or metropolitan statistical area in which the units are
located.
(d) For single-family housing units developed under this
section the deed restrictions must require that:
(1) not less than 50 percent of the units must be sold
to families with a household income of not more than 80 percent of
the area median family income, based on gross household income and
adjusted for household size, for the county or metropolitan
statistical area in which the units are located; and
(2) the remaining units must be sold to families with a
household income of not more than 120 percent of the area median
family income, based on gross household income and adjusted for
household size, for the county or metropolitan statistical area in
which the units are located.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.