Texas 2021 - 87th Regular

Texas Senate Bill SB596 Compare Versions

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11 87R7119 JAM-D
22 By: Gutierrez S.B. No. 596
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44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the adoption of a land bank program by the Texas State
88 Affordable Housing Corporation.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Chapter 2306, Government Code, is amended by
1111 adding Subchapter PP to read as follows:
1212 SUBCHAPTER PP. VETERANS' LAND BANK PROGRAM
1313 Sec. 2306.1151. DEFINITIONS. In this subchapter:
1414 (1) "Affordable" means that the monthly mortgage
1515 payment or contract rent does not exceed 30 percent of the
1616 applicable median family income for that unit size, in accordance
1717 with the income and rent limit rules adopted by the Texas Department
1818 of Housing and Community Affairs.
1919 (2) "Community housing development organization" or
2020 "organization" means an organization that:
2121 (A) meets the definition of a community housing
2222 development organization in 24 C.F.R. Section 92.2; and
2323 (B) is certified by a municipality or county as a
2424 community housing development organization.
2525 (3) "Corporation" means the Texas State Affordable
2626 Housing Corporation.
2727 (4) "Land bank" means an entity established or
2828 approved by the corporation for the purpose of acquiring, holding,
2929 and transferring unimproved real property under this subchapter to
3030 provide affordable housing for veterans who are members of
3131 low-income households.
3232 (5) "Land bank plan" or "plan" means a plan adopted by
3333 the corporation as provided by Section 2306.1155.
3434 (6) "Land bank program" or "program" means a program
3535 adopted under Section 2306.1153.
3636 (7) "Low-income household" means a household with an
3737 income of not greater than 80 percent of the area median family
3838 income, based on gross household income, adjusted for household
3939 size, for a municipality or, if located in an area that is not part
4040 of a municipality, a county, as determined annually by the United
4141 States Department of Housing and Urban Development.
4242 (8) "Qualified participating developer" means a
4343 developer who meets the requirements of Section 2306.1154 and
4444 includes a qualified organization under Section 2306.1160.
4545 (9) "Veteran" has the meaning provided by Section
4646 161.001, Natural Resources Code.
4747 Sec. 2306.1152. APPLICABILITY OF OTHER LAW. This
4848 subchapter controls to the extent of any conflict between this
4949 subchapter and another provision of this chapter.
5050 Sec. 2306.1153. LAND BANK PROGRAM. (a) The corporation
5151 shall adopt a land bank program and establish or approve a land bank
5252 for the purpose of acquiring, holding, and transferring unimproved
5353 real property under this subchapter to provide affordable housing
5454 for veterans who are members of low-income households.
5555 (b) Property held by the land bank must include property
5656 acquired in the manner provided by Section 2306.1157 and may
5757 include other property acquired by or transferred to the land bank.
5858 (c) A sale or other transfer of property for use in
5959 connection with the program is a sale for a public purpose.
6060 Sec. 2306.1154. QUALIFIED PARTICIPATING DEVELOPER. To
6161 qualify to participate in the program, a developer must:
6262 (1) have developed three or more housing units within
6363 the three-year period preceding the submission of a proposal to the
6464 land bank seeking to acquire real property from the land bank;
6565 (2) have a development plan approved by the
6666 corporation for the land bank property; and
6767 (3) meet any other requirements adopted by the
6868 corporation in the land bank plan.
6969 Sec. 2306.1155. LAND BANK PLAN. (a) The corporation shall
7070 operate the program in conformance with a land bank plan.
7171 (b) The corporation shall adopt a plan annually. The plan
7272 may be amended from time to time.
7373 (c) In developing the plan, the corporation shall consider
7474 any other housing plans adopted by a municipality or county in which
7575 the corporation intends to implement the program.
7676 (d) The plan must include the following:
7777 (1) a list of community housing development
7878 organizations eligible to participate in the right of first refusal
7979 provided by Section 2306.1160;
8080 (2) a list of the parcels of real property that may
8181 become eligible for sale or transfer to the land bank during the
8282 next year;
8383 (3) the corporation's plan for affordable housing
8484 development on those parcels of real property; and
8585 (4) the sources and amounts of public subsidies
8686 anticipated to be available for affordable housing development
8787 previously approved by the corporation at the time of the plan.
8888 Sec. 2306.1156. PUBLIC HEARING ON PROPOSED PLAN. (a)
8989 Before adopting a plan, the corporation shall hold a public hearing
9090 on the proposed plan.
9191 (b) The corporation shall provide notice of the hearing to
9292 all community housing development organizations and to
9393 neighborhood associations identified by the corporation as serving
9494 the neighborhoods in which properties anticipated to be available
9595 for sale or transfer to the land bank under this subchapter are
9696 located.
9797 (c) The corporation shall make copies of the proposed plan
9898 available to the public not later than the 60th day before the date
9999 of the public hearing.
100100 Sec. 2306.1157. PRIVATE SALE TO LAND BANK. (a)
101101 Notwithstanding any other law and except as provided by Subsection
102102 (e), property that is ordered sold pursuant to foreclosure of a tax
103103 lien may be sold in a private sale to a land bank by the officer
104104 charged with the sale of the property without first offering the
105105 property for sale as otherwise provided by Section 34.01, Tax Code,
106106 if:
107107 (1) the market value of the property as specified in
108108 the judgment of foreclosure is less than the total amount due under
109109 the judgment, including all taxes, penalties, and interest, plus
110110 the value of nontax liens held by a taxing unit and awarded by the
111111 judgment, court costs, and the cost of the sale;
112112 (2) the property is not improved with a building or
113113 buildings;
114114 (3) there are delinquent taxes on the property for a
115115 total of at least five years; and
116116 (4) all taxing units that are parties to the tax suit
117117 have executed an interlocal agreement that enables those units to
118118 agree to participate in the program while retaining the right to
119119 withhold consent to the sale of specific properties to the land
120120 bank.
121121 (b) If the person being sued in a suit for foreclosure of a
122122 tax lien does not contest the market value of the property in the
123123 suit, the person waives the right to challenge the amount of the
124124 market value determined by the court for purposes of the sale of the
125125 property under Section 33.50, Tax Code.
126126 (c) For any sale of property under this section, each person
127127 who was a defendant to the judgment, or that person's attorney,
128128 shall be given, not later than the 90th day before the date of sale,
129129 written notice of the proposed method of sale of the property by the
130130 officer charged with the sale of the property. Notice shall be
131131 given in the manner prescribed by Rule 21a, Texas Rules of Civil
132132 Procedure.
133133 (d) After receipt of the notice required by Subsection (c)
134134 and before the date of the proposed sale, the owner of the property
135135 subject to sale may file with the officer charged with the sale a
136136 written request that the property not be sold in the manner provided
137137 by this section.
138138 (e) If the officer charged with the sale receives a written
139139 request as provided by Subsection (d), the officer shall sell the
140140 property as otherwise provided in Section 34.01, Tax Code.
141141 (f) The owner of the property subject to sale may not
142142 receive any proceeds of a sale under this section. However, the
143143 owner does not have any personal liability for a deficiency of the
144144 judgment as a result of a sale under this section.
145145 (g) Notwithstanding any other law, if consent is given by
146146 the taxing units that are a party to the judgment, property may be
147147 sold to the land bank for less than the market value of the property
148148 as specified in the judgment or less than the total of all taxes,
149149 penalties, and interest, plus the value of nontax liens held by a
150150 taxing unit and awarded by the judgment, court costs, and the cost
151151 of the sale.
152152 (h) The deed of conveyance of the property sold to a land
153153 bank under this section conveys to the land bank the right, title,
154154 and interest acquired or held by each taxing unit that was a party
155155 to the judgment, subject to the right of redemption.
156156 Sec. 2306.1158. SUBSEQUENT RESALE BY LAND BANK. (a) Each
157157 subsequent resale by a land bank of property acquired by the land
158158 bank under Section 2306.1157 must comply with the conditions of
159159 this section.
160160 (b) Within the three-year period following the date of
161161 acquisition, the land bank must sell a property to a qualified
162162 participating developer for the purpose of construction of
163163 affordable housing for sale or rent to veterans who are members of
164164 low-income households.
165165 (c) If after three years a qualified participating
166166 developer has not purchased the property, the property shall be
167167 transferred from the land bank to the taxing units who were parties
168168 to the judgment for disposition as otherwise allowed under the law.
169169 (d) Unless the corporation increases the amount in its plan,
170170 the number of properties acquired by a qualified participating
171171 developer under this section on which development has not been
172172 completed may not at any given time exceed three times the annual
173173 average residential production completed by the qualified
174174 participating developer during the preceding two-year period as
175175 determined by the corporation.
176176 (e) The deed conveying a property sold by the land bank must
177177 include a right of reverter so that if the qualified participating
178178 developer does not apply for a construction permit and close on any
179179 construction financing within the two-year period following the
180180 date of the conveyance of the property from the land bank to the
181181 qualified participating developer, the property will revert to the
182182 land bank for subsequent resale to another qualifying participating
183183 developer or conveyance to the taxing units who were parties to the
184184 judgment for disposition as otherwise allowed under the law.
185185 Sec. 2306.1159. RESTRICTIONS ON OCCUPANCY AND USE OF
186186 PROPERTY. (a) The land bank shall impose, in accordance with this
187187 section, deed restrictions on property sold to qualified
188188 participating developers requiring the development and subsequent
189189 sale or rental of the property to veterans who are members of
190190 low-income households.
191191 (b) At least 25 percent of the land bank properties sold
192192 during any given state fiscal year to be developed for sale shall be
193193 deed restricted for sale to households with incomes not greater
194194 than 60 percent of the area median family income, based on gross
195195 household income, adjusted for household size, for the applicable
196196 municipality or, if located in an area that is not part of a
197197 municipality, the applicable county, as determined annually by the
198198 United States Department of Housing and Urban Development.
199199 (c) If property is developed for rental housing, the deed
200200 restrictions must be for a period of not less than 20 years and must
201201 require that:
202202 (1) 100 percent of the rental units be occupied by and
203203 affordable to households with incomes not greater than 60 percent
204204 of area median family income, based on gross household income,
205205 adjusted for household size, for the applicable municipality or, if
206206 located in an area that is not part of a municipality, the
207207 applicable county, as determined annually by the United States
208208 Department of Housing and Urban Development;
209209 (2) 40 percent of the units be occupied by and
210210 affordable to households with incomes not greater than 50 percent
211211 of area median family income, based on gross household income,
212212 adjusted for household size, for the applicable municipality or, if
213213 located in an area that is not part of a municipality, the
214214 applicable county, as determined annually by the United States
215215 Department of Housing and Urban Development; or
216216 (3) 20 percent of the units be occupied by and
217217 affordable to households with incomes not greater than 30 percent
218218 of area median family income, based on gross household income,
219219 adjusted for household size, for the applicable municipality or, if
220220 located in an area that is not part of a municipality, the
221221 applicable county, as determined annually by the United States
222222 Department of Housing and Urban Development.
223223 (d) The deed restrictions under Subsection (c) must require
224224 the owner to file an annual occupancy report with the corporation on
225225 a reporting form provided by the corporation. The deed
226226 restrictions must also prohibit any exclusion of an individual or
227227 family from admission to the development based solely on the
228228 participation of the individual or family in the housing choice
229229 voucher program under Section 8, United States Housing Act of 1937
230230 (42 U.S.C. Section 1437f), as amended.
231231 (e) Except as otherwise provided by this section, if the
232232 deed restrictions imposed under this section are for a term of
233233 years, the deed restrictions renew automatically.
234234 (f) The land bank or the corporation may modify or add to the
235235 deed restrictions imposed under this section. Any modifications or
236236 additions made by the corporation must be adopted by the
237237 corporation as part of its plan and must comply with the
238238 restrictions set forth in Subsections (b), (c), and (d).
239239 Sec. 2306.1160. RIGHT OF FIRST REFUSAL. (a) In this
240240 section, "qualified organization" means a community housing
241241 development organization that:
242242 (1) contains within its designated geographical
243243 boundaries of operation, as set forth in its application for
244244 certification filed with and approved by the municipality or county
245245 certifying the organization, a portion of the property that the
246246 land bank is offering for sale;
247247 (2) has built at least three single-family homes or
248248 duplexes or one multifamily residential dwelling of four or more
249249 units in compliance with all applicable building codes within the
250250 preceding two-year period and within the organization's designated
251251 geographical boundaries of operation; and
252252 (3) within the preceding three-year period has
253253 developed or rehabilitated housing units within a two-mile radius
254254 of the property that the land bank is offering for sale.
255255 (b) The land bank shall first offer for sale to qualified
256256 organizations any property acquired by the land bank under Section
257257 2306.1157.
258258 (c) Notice must be provided to the qualified organizations
259259 by certified mail, return receipt requested, not later than the
260260 60th day before the beginning of the period in which a right of
261261 first refusal may be exercised.
262262 (d) The corporation shall specify in its plan the period
263263 during which the right of first refusal provided by this section may
264264 be exercised by a qualified organization. That period must be at
265265 least nine months but not more than 26 months from the date of the
266266 deed of conveyance of the property to the land bank.
267267 (e) If the land bank conveys the property to a qualified
268268 organization before the expiration of the period specified by the
269269 corporation under Subsection (d), the interlocal agreement
270270 executed under Section 2306.1157(a)(4) must provide tax abatement
271271 for the property until the expiration of that period.
272272 (f) During the specified period, the land bank may not sell
273273 the property to a qualified participating developer other than a
274274 qualified organization. If all qualified organizations notify the
275275 land bank that they are declining to exercise their right of first
276276 refusal during the specified period, or if an offer to purchase the
277277 property is not received from a qualified organization during that
278278 period, the land bank may sell the property to any other qualified
279279 participating developer at the same price that the land bank
280280 offered the property to the qualified organizations.
281281 (g) In its plan, the corporation shall establish the
282282 additional period, if any, that a property may be held in the land
283283 bank once an offer has been received and accepted from a qualified
284284 organization or other qualified participating developer.
285285 (h) If more than one qualified organization expresses an
286286 interest in exercising its right of first refusal, the organization
287287 that has designated the most geographically compact area
288288 encompassing a portion of the property shall be given priority.
289289 (i) In its plan, the corporation may provide for other
290290 rights of first refusal for any other nonprofit corporation
291291 exempted from federal income tax under Section 501(c)(3), Internal
292292 Revenue Code of 1986, as amended, provided that the preeminent
293293 right of first refusal is provided to qualified organizations as
294294 provided by this section.
295295 (j) The land bank is not required to provide a right of first
296296 refusal to qualified organizations under this section if the land
297297 bank is selling property that reverted to the land bank under
298298 Section 2306.1158(e) or was acquired by the land bank in a manner
299299 other than that provided by Section 2306.1157.
300300 Sec. 2306.1161. OPEN RECORDS AND MEETINGS. The land bank
301301 shall comply with the requirements of Chapters 551 and 552.
302302 Sec. 2306.1162. RECORDS; AUDIT; REPORT. (a) The land bank
303303 shall keep accurate minutes of its meetings and shall keep accurate
304304 records and books of account that conform with generally accepted
305305 principles of accounting and that clearly reflect the income and
306306 expenses of the land bank and all transactions in relation to its
307307 property.
308308 (b) The land bank shall file with the corporation not later
309309 than the 90th day after the close of the state fiscal year annual
310310 audited financial statements prepared by a certified public
311311 accountant. The financial transactions of the land bank are
312312 subject to audit by the corporation.
313313 (c) For purposes of evaluating the effectiveness of the
314314 program, the land bank shall submit an annual performance report to
315315 the corporation not later than November 1 of each year in which the
316316 land bank acquires or sells property under this subchapter. The
317317 performance report must include:
318318 (1) a complete and detailed written accounting of all
319319 money and properties received and disbursed by the land bank during
320320 the preceding state fiscal year;
321321 (2) for each property acquired by the land bank during
322322 the preceding state fiscal year:
323323 (A) the street address of the property;
324324 (B) the legal description of the property;
325325 (C) the date the land bank took title to the
326326 property;
327327 (D) the name and mailing address of the property
328328 owner of record at the time of the acquisition;
329329 (E) the amount of taxes and other costs owed at
330330 the time of the foreclosure if the property was acquired under
331331 Section 2306.1157; and
332332 (F) the assessed value of the property on the tax
333333 roll at the time of the foreclosure if the property was acquired
334334 under Section 2306.1157;
335335 (3) for each property sold by the land bank during the
336336 preceding state fiscal year to a qualified participating developer:
337337 (A) the street address of the property;
338338 (B) the legal description of the property;
339339 (C) the name and mailing address of the
340340 purchaser;
341341 (D) the price paid by the purchaser;
342342 (E) the maximum incomes allowed for the
343343 households by the terms of the sale; and
344344 (F) the source and amount of any public subsidy
345345 made available to facilitate the sale or rental of the property to a
346346 veteran who is a member of a household within the targeted income
347347 levels;
348348 (4) for each property sold by a qualified
349349 participating developer during the preceding state fiscal year, the
350350 buyer's household income and a description of all use and sale
351351 restrictions; and
352352 (5) for each property developed for rental housing
353353 with an active deed restriction, a copy of the most recent annual
354354 report filed by the owner with the land bank.
355355 (d) The land bank shall maintain in its records for
356356 inspection a copy of the sale settlement statement for each
357357 property sold by a qualified participating developer and a copy of
358358 the first page of the mortgage note with the interest rate and
359359 indicating the volume and page number of the instrument as filed
360360 with the county clerk.
361361 (e) The land bank shall provide copies of the performance
362362 report to any taxing units who were parties to a sale of property
363363 under Section 2306.1157. The land bank shall provide notice of the
364364 availability of the performance report for review to the
365365 organizations and neighborhood associations identified by the
366366 corporation as serving the neighborhoods in which are located
367367 properties sold or transferred to the land bank under this
368368 subchapter.
369369 (f) The land bank and the corporation shall maintain copies
370370 of the performance report available for public review.
371371 SECTION 2. Sections 11.18(d) and (o), Tax Code, are amended
372372 to read as follows:
373373 (d) A charitable organization must be organized exclusively
374374 to perform religious, charitable, scientific, literary, or
375375 educational purposes and, except as permitted by Subsections (h)
376376 and (l), engage exclusively in performing one or more of the
377377 following charitable functions:
378378 (1) providing medical care without regard to the
379379 beneficiaries' ability to pay, which in the case of a nonprofit
380380 hospital or hospital system means providing charity care and
381381 community benefits in accordance with Section 11.1801;
382382 (2) providing support or relief to orphans,
383383 delinquent, dependent, or handicapped children in need of
384384 residential care, abused or battered spouses or children in need of
385385 temporary shelter, the impoverished, or victims of natural disaster
386386 without regard to the beneficiaries' ability to pay;
387387 (3) providing support without regard to the
388388 beneficiaries' ability to pay to:
389389 (A) elderly persons, including the provision of:
390390 (i) recreational or social activities; and
391391 (ii) facilities designed to address the
392392 special needs of elderly persons; or
393393 (B) the handicapped, including training and
394394 employment:
395395 (i) in the production of commodities; or
396396 (ii) in the provision of services under 41
397397 U.S.C. Sections 8501-8506;
398398 (4) preserving a historical landmark or site;
399399 (5) promoting or operating a museum, zoo, library,
400400 theater of the dramatic or performing arts, or symphony orchestra
401401 or choir;
402402 (6) promoting or providing humane treatment of
403403 animals;
404404 (7) acquiring, storing, transporting, selling, or
405405 distributing water for public use;
406406 (8) answering fire alarms and extinguishing fires with
407407 no compensation or only nominal compensation to the members of the
408408 organization;
409409 (9) promoting the athletic development of boys or
410410 girls under the age of 18 years;
411411 (10) preserving or conserving wildlife;
412412 (11) promoting educational development through loans
413413 or scholarships to students;
414414 (12) providing halfway house services pursuant to a
415415 certification as a halfway house by the parole division of the Texas
416416 Department of Criminal Justice;
417417 (13) providing permanent housing and related social,
418418 health care, and educational facilities for persons who are 62
419419 years of age or older without regard to the residents' ability to
420420 pay;
421421 (14) promoting or operating an art gallery, museum, or
422422 collection, in a permanent location or on tour, that is open to the
423423 public;
424424 (15) providing for the organized solicitation and
425425 collection for distributions through gifts, grants, and agreements
426426 to nonprofit charitable, education, religious, and youth
427427 organizations that provide direct human, health, and welfare
428428 services;
429429 (16) performing biomedical or scientific research or
430430 biomedical or scientific education for the benefit of the public;
431431 (17) operating a television station that produces or
432432 broadcasts educational, cultural, or other public interest
433433 programming and that receives grants from the Corporation for
434434 Public Broadcasting under 47 U.S.C. Section 396, as amended;
435435 (18) providing housing for low-income and
436436 moderate-income families, for unmarried individuals 62 years of age
437437 or older, for handicapped individuals, and for families displaced
438438 by urban renewal, through the use of trust assets that are
439439 irrevocably and, pursuant to a contract entered into before
440440 December 31, 1972, contractually dedicated on the sale or
441441 disposition of the housing to a charitable organization that
442442 performs charitable functions described by Subdivision (9);
443443 (19) providing housing and related services to persons
444444 who are 62 years of age or older in a retirement community, if the
445445 retirement community provides independent living services,
446446 assisted living services, and nursing services to its residents on
447447 a single campus:
448448 (A) without regard to the residents' ability to
449449 pay; or
450450 (B) in which at least four percent of the
451451 retirement community's combined net resident revenue is provided in
452452 charitable care to its residents;
453453 (20) providing housing on a cooperative basis to
454454 students of an institution of higher education if:
455455 (A) the organization is exempt from federal
456456 income taxation under Section 501(a), Internal Revenue Code of
457457 1986, as amended, by being listed as an exempt entity under Section
458458 501(c)(3) of that code;
459459 (B) membership in the organization is open to all
460460 students enrolled in the institution and is not limited to those
461461 chosen by current members of the organization;
462462 (C) the organization is governed by its members;
463463 and
464464 (D) the members of the organization share the
465465 responsibility for managing the housing;
466466 (21) acquiring, holding, and transferring unimproved
467467 real property under an urban land bank demonstration program
468468 established under Chapter 379C, Local Government Code, as or on
469469 behalf of a land bank;
470470 (22) acquiring, holding, and transferring unimproved
471471 real property under an urban land bank program established under
472472 Chapter 379E, Local Government Code, as or on behalf of a land bank;
473473 (22-a) acquiring, holding, and transferring
474474 unimproved real property under a land bank program established
475475 under Subchapter PP, Chapter 2306, Government Code, as or on behalf
476476 of a land bank;
477477 (23) providing housing and related services to
478478 individuals who:
479479 (A) are unaccompanied and homeless and have a
480480 disabling condition; and
481481 (B) have been continuously homeless for a year or
482482 more or have had at least four episodes of homelessness in the
483483 preceding three years;
484484 (24) operating a radio station that broadcasts
485485 educational, cultural, or other public interest programming,
486486 including classical music, and that in the preceding five years has
487487 received or been selected to receive one or more grants from the
488488 Corporation for Public Broadcasting under 47 U.S.C. Section 396, as
489489 amended; or
490490 (25) providing, without regard to the beneficiaries'
491491 ability to pay, tax return preparation services and assistance with
492492 other financial matters.
493493 (o) For purposes of Subsection (a)(2), real property
494494 acquired, held, and transferred by an organization that performs
495495 the function described by Subsection (d)(21), [or] (22), or (22-a)
496496 is considered to be used exclusively by the qualified charitable
497497 organization to perform that function.
498498 SECTION 3. Section 11.18, Tax Code, as amended by this Act,
499499 applies only to an ad valorem tax year that begins on or after the
500500 effective date of this Act.
501501 SECTION 4. This Act takes effect September 1, 2021.