1 | 1 | | 87R7119 JAM-D |
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2 | 2 | | By: Gutierrez S.B. No. 596 |
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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 the adoption of a land bank program by the Texas State |
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8 | 8 | | Affordable Housing Corporation. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Chapter 2306, Government Code, is amended by |
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11 | 11 | | adding Subchapter PP to read as follows: |
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12 | 12 | | SUBCHAPTER PP. VETERANS' LAND BANK PROGRAM |
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13 | 13 | | Sec. 2306.1151. DEFINITIONS. In this subchapter: |
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14 | 14 | | (1) "Affordable" means that the monthly mortgage |
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15 | 15 | | payment or contract rent does not exceed 30 percent of the |
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16 | 16 | | applicable median family income for that unit size, in accordance |
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17 | 17 | | with the income and rent limit rules adopted by the Texas Department |
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18 | 18 | | of Housing and Community Affairs. |
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19 | 19 | | (2) "Community housing development organization" or |
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20 | 20 | | "organization" means an organization that: |
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21 | 21 | | (A) meets the definition of a community housing |
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22 | 22 | | development organization in 24 C.F.R. Section 92.2; and |
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23 | 23 | | (B) is certified by a municipality or county as a |
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24 | 24 | | community housing development organization. |
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25 | 25 | | (3) "Corporation" means the Texas State Affordable |
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26 | 26 | | Housing Corporation. |
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27 | 27 | | (4) "Land bank" means an entity established or |
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28 | 28 | | approved by the corporation for the purpose of acquiring, holding, |
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29 | 29 | | and transferring unimproved real property under this subchapter to |
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30 | 30 | | provide affordable housing for veterans who are members of |
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31 | 31 | | low-income households. |
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32 | 32 | | (5) "Land bank plan" or "plan" means a plan adopted by |
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33 | 33 | | the corporation as provided by Section 2306.1155. |
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34 | 34 | | (6) "Land bank program" or "program" means a program |
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35 | 35 | | adopted under Section 2306.1153. |
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36 | 36 | | (7) "Low-income household" means a household with an |
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37 | 37 | | income of not greater than 80 percent of the area median family |
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38 | 38 | | income, based on gross household income, adjusted for household |
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39 | 39 | | size, for a municipality or, if located in an area that is not part |
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40 | 40 | | of a municipality, a county, as determined annually by the United |
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41 | 41 | | States Department of Housing and Urban Development. |
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42 | 42 | | (8) "Qualified participating developer" means a |
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43 | 43 | | developer who meets the requirements of Section 2306.1154 and |
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44 | 44 | | includes a qualified organization under Section 2306.1160. |
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45 | 45 | | (9) "Veteran" has the meaning provided by Section |
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46 | 46 | | 161.001, Natural Resources Code. |
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47 | 47 | | Sec. 2306.1152. APPLICABILITY OF OTHER LAW. This |
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48 | 48 | | subchapter controls to the extent of any conflict between this |
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49 | 49 | | subchapter and another provision of this chapter. |
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50 | 50 | | Sec. 2306.1153. LAND BANK PROGRAM. (a) The corporation |
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51 | 51 | | shall adopt a land bank program and establish or approve a land bank |
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52 | 52 | | for the purpose of acquiring, holding, and transferring unimproved |
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53 | 53 | | real property under this subchapter to provide affordable housing |
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54 | 54 | | for veterans who are members of low-income households. |
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55 | 55 | | (b) Property held by the land bank must include property |
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56 | 56 | | acquired in the manner provided by Section 2306.1157 and may |
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57 | 57 | | include other property acquired by or transferred to the land bank. |
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58 | 58 | | (c) A sale or other transfer of property for use in |
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59 | 59 | | connection with the program is a sale for a public purpose. |
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60 | 60 | | Sec. 2306.1154. QUALIFIED PARTICIPATING DEVELOPER. To |
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61 | 61 | | qualify to participate in the program, a developer must: |
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62 | 62 | | (1) have developed three or more housing units within |
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63 | 63 | | the three-year period preceding the submission of a proposal to the |
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64 | 64 | | land bank seeking to acquire real property from the land bank; |
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65 | 65 | | (2) have a development plan approved by the |
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66 | 66 | | corporation for the land bank property; and |
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67 | 67 | | (3) meet any other requirements adopted by the |
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68 | 68 | | corporation in the land bank plan. |
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69 | 69 | | Sec. 2306.1155. LAND BANK PLAN. (a) The corporation shall |
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70 | 70 | | operate the program in conformance with a land bank plan. |
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71 | 71 | | (b) The corporation shall adopt a plan annually. The plan |
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72 | 72 | | may be amended from time to time. |
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73 | 73 | | (c) In developing the plan, the corporation shall consider |
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74 | 74 | | any other housing plans adopted by a municipality or county in which |
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75 | 75 | | the corporation intends to implement the program. |
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76 | 76 | | (d) The plan must include the following: |
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77 | 77 | | (1) a list of community housing development |
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78 | 78 | | organizations eligible to participate in the right of first refusal |
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79 | 79 | | provided by Section 2306.1160; |
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80 | 80 | | (2) a list of the parcels of real property that may |
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81 | 81 | | become eligible for sale or transfer to the land bank during the |
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82 | 82 | | next year; |
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83 | 83 | | (3) the corporation's plan for affordable housing |
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84 | 84 | | development on those parcels of real property; and |
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85 | 85 | | (4) the sources and amounts of public subsidies |
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86 | 86 | | anticipated to be available for affordable housing development |
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87 | 87 | | previously approved by the corporation at the time of the plan. |
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88 | 88 | | Sec. 2306.1156. PUBLIC HEARING ON PROPOSED PLAN. (a) |
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89 | 89 | | Before adopting a plan, the corporation shall hold a public hearing |
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90 | 90 | | on the proposed plan. |
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91 | 91 | | (b) The corporation shall provide notice of the hearing to |
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92 | 92 | | all community housing development organizations and to |
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93 | 93 | | neighborhood associations identified by the corporation as serving |
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94 | 94 | | the neighborhoods in which properties anticipated to be available |
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95 | 95 | | for sale or transfer to the land bank under this subchapter are |
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96 | 96 | | located. |
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97 | 97 | | (c) The corporation shall make copies of the proposed plan |
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98 | 98 | | available to the public not later than the 60th day before the date |
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99 | 99 | | of the public hearing. |
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100 | 100 | | Sec. 2306.1157. PRIVATE SALE TO LAND BANK. (a) |
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101 | 101 | | Notwithstanding any other law and except as provided by Subsection |
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102 | 102 | | (e), property that is ordered sold pursuant to foreclosure of a tax |
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103 | 103 | | lien may be sold in a private sale to a land bank by the officer |
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104 | 104 | | charged with the sale of the property without first offering the |
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105 | 105 | | property for sale as otherwise provided by Section 34.01, Tax Code, |
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106 | 106 | | if: |
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107 | 107 | | (1) the market value of the property as specified in |
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108 | 108 | | the judgment of foreclosure is less than the total amount due under |
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109 | 109 | | the judgment, including all taxes, penalties, and interest, plus |
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110 | 110 | | the value of nontax liens held by a taxing unit and awarded by the |
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111 | 111 | | judgment, court costs, and the cost of the sale; |
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112 | 112 | | (2) the property is not improved with a building or |
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113 | 113 | | buildings; |
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114 | 114 | | (3) there are delinquent taxes on the property for a |
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115 | 115 | | total of at least five years; and |
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116 | 116 | | (4) all taxing units that are parties to the tax suit |
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117 | 117 | | have executed an interlocal agreement that enables those units to |
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118 | 118 | | agree to participate in the program while retaining the right to |
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119 | 119 | | withhold consent to the sale of specific properties to the land |
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120 | 120 | | bank. |
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121 | 121 | | (b) If the person being sued in a suit for foreclosure of a |
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122 | 122 | | tax lien does not contest the market value of the property in the |
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123 | 123 | | suit, the person waives the right to challenge the amount of the |
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124 | 124 | | market value determined by the court for purposes of the sale of the |
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125 | 125 | | property under Section 33.50, Tax Code. |
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126 | 126 | | (c) For any sale of property under this section, each person |
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127 | 127 | | who was a defendant to the judgment, or that person's attorney, |
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128 | 128 | | shall be given, not later than the 90th day before the date of sale, |
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129 | 129 | | written notice of the proposed method of sale of the property by the |
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130 | 130 | | officer charged with the sale of the property. Notice shall be |
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131 | 131 | | given in the manner prescribed by Rule 21a, Texas Rules of Civil |
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132 | 132 | | Procedure. |
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133 | 133 | | (d) After receipt of the notice required by Subsection (c) |
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134 | 134 | | and before the date of the proposed sale, the owner of the property |
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135 | 135 | | subject to sale may file with the officer charged with the sale a |
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136 | 136 | | written request that the property not be sold in the manner provided |
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137 | 137 | | by this section. |
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138 | 138 | | (e) If the officer charged with the sale receives a written |
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139 | 139 | | request as provided by Subsection (d), the officer shall sell the |
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140 | 140 | | property as otherwise provided in Section 34.01, Tax Code. |
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141 | 141 | | (f) The owner of the property subject to sale may not |
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142 | 142 | | receive any proceeds of a sale under this section. However, the |
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143 | 143 | | owner does not have any personal liability for a deficiency of the |
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144 | 144 | | judgment as a result of a sale under this section. |
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145 | 145 | | (g) Notwithstanding any other law, if consent is given by |
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146 | 146 | | the taxing units that are a party to the judgment, property may be |
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147 | 147 | | sold to the land bank for less than the market value of the property |
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148 | 148 | | as specified in the judgment or less than the total of all taxes, |
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149 | 149 | | penalties, and interest, plus the value of nontax liens held by a |
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150 | 150 | | taxing unit and awarded by the judgment, court costs, and the cost |
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151 | 151 | | of the sale. |
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152 | 152 | | (h) The deed of conveyance of the property sold to a land |
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153 | 153 | | bank under this section conveys to the land bank the right, title, |
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154 | 154 | | and interest acquired or held by each taxing unit that was a party |
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155 | 155 | | to the judgment, subject to the right of redemption. |
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156 | 156 | | Sec. 2306.1158. SUBSEQUENT RESALE BY LAND BANK. (a) Each |
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157 | 157 | | subsequent resale by a land bank of property acquired by the land |
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158 | 158 | | bank under Section 2306.1157 must comply with the conditions of |
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159 | 159 | | this section. |
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160 | 160 | | (b) Within the three-year period following the date of |
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161 | 161 | | acquisition, the land bank must sell a property to a qualified |
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162 | 162 | | participating developer for the purpose of construction of |
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163 | 163 | | affordable housing for sale or rent to veterans who are members of |
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164 | 164 | | low-income households. |
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165 | 165 | | (c) If after three years a qualified participating |
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166 | 166 | | developer has not purchased the property, the property shall be |
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167 | 167 | | transferred from the land bank to the taxing units who were parties |
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168 | 168 | | to the judgment for disposition as otherwise allowed under the law. |
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169 | 169 | | (d) Unless the corporation increases the amount in its plan, |
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170 | 170 | | the number of properties acquired by a qualified participating |
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171 | 171 | | developer under this section on which development has not been |
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172 | 172 | | completed may not at any given time exceed three times the annual |
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173 | 173 | | average residential production completed by the qualified |
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174 | 174 | | participating developer during the preceding two-year period as |
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175 | 175 | | determined by the corporation. |
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176 | 176 | | (e) The deed conveying a property sold by the land bank must |
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177 | 177 | | include a right of reverter so that if the qualified participating |
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178 | 178 | | developer does not apply for a construction permit and close on any |
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179 | 179 | | construction financing within the two-year period following the |
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180 | 180 | | date of the conveyance of the property from the land bank to the |
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181 | 181 | | qualified participating developer, the property will revert to the |
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182 | 182 | | land bank for subsequent resale to another qualifying participating |
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183 | 183 | | developer or conveyance to the taxing units who were parties to the |
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184 | 184 | | judgment for disposition as otherwise allowed under the law. |
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185 | 185 | | Sec. 2306.1159. RESTRICTIONS ON OCCUPANCY AND USE OF |
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186 | 186 | | PROPERTY. (a) The land bank shall impose, in accordance with this |
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187 | 187 | | section, deed restrictions on property sold to qualified |
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188 | 188 | | participating developers requiring the development and subsequent |
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189 | 189 | | sale or rental of the property to veterans who are members of |
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190 | 190 | | low-income households. |
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191 | 191 | | (b) At least 25 percent of the land bank properties sold |
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192 | 192 | | during any given state fiscal year to be developed for sale shall be |
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193 | 193 | | deed restricted for sale to households with incomes not greater |
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194 | 194 | | than 60 percent of the area median family income, based on gross |
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195 | 195 | | household income, adjusted for household size, for the applicable |
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196 | 196 | | municipality or, if located in an area that is not part of a |
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197 | 197 | | municipality, the applicable county, as determined annually by the |
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198 | 198 | | United States Department of Housing and Urban Development. |
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199 | 199 | | (c) If property is developed for rental housing, the deed |
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200 | 200 | | restrictions must be for a period of not less than 20 years and must |
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201 | 201 | | require that: |
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202 | 202 | | (1) 100 percent of the rental units be occupied by and |
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203 | 203 | | affordable to households with incomes not greater than 60 percent |
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204 | 204 | | of area median family income, based on gross household income, |
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205 | 205 | | adjusted for household size, for the applicable municipality or, if |
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206 | 206 | | located in an area that is not part of a municipality, the |
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207 | 207 | | applicable county, as determined annually by the United States |
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208 | 208 | | Department of Housing and Urban Development; |
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209 | 209 | | (2) 40 percent of the units be occupied by and |
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210 | 210 | | affordable to households with incomes not greater than 50 percent |
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211 | 211 | | of area median family income, based on gross household income, |
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212 | 212 | | adjusted for household size, for the applicable municipality or, if |
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213 | 213 | | located in an area that is not part of a municipality, the |
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214 | 214 | | applicable county, as determined annually by the United States |
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215 | 215 | | Department of Housing and Urban Development; or |
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216 | 216 | | (3) 20 percent of the units be occupied by and |
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217 | 217 | | affordable to households with incomes not greater than 30 percent |
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218 | 218 | | of area median family income, based on gross household income, |
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219 | 219 | | adjusted for household size, for the applicable municipality or, if |
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220 | 220 | | located in an area that is not part of a municipality, the |
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221 | 221 | | applicable county, as determined annually by the United States |
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222 | 222 | | Department of Housing and Urban Development. |
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223 | 223 | | (d) The deed restrictions under Subsection (c) must require |
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224 | 224 | | the owner to file an annual occupancy report with the corporation on |
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225 | 225 | | a reporting form provided by the corporation. The deed |
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226 | 226 | | restrictions must also prohibit any exclusion of an individual or |
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227 | 227 | | family from admission to the development based solely on the |
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228 | 228 | | participation of the individual or family in the housing choice |
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229 | 229 | | voucher program under Section 8, United States Housing Act of 1937 |
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230 | 230 | | (42 U.S.C. Section 1437f), as amended. |
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231 | 231 | | (e) Except as otherwise provided by this section, if the |
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232 | 232 | | deed restrictions imposed under this section are for a term of |
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233 | 233 | | years, the deed restrictions renew automatically. |
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234 | 234 | | (f) The land bank or the corporation may modify or add to the |
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235 | 235 | | deed restrictions imposed under this section. Any modifications or |
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236 | 236 | | additions made by the corporation must be adopted by the |
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237 | 237 | | corporation as part of its plan and must comply with the |
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238 | 238 | | restrictions set forth in Subsections (b), (c), and (d). |
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239 | 239 | | Sec. 2306.1160. RIGHT OF FIRST REFUSAL. (a) In this |
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240 | 240 | | section, "qualified organization" means a community housing |
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241 | 241 | | development organization that: |
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242 | 242 | | (1) contains within its designated geographical |
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243 | 243 | | boundaries of operation, as set forth in its application for |
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244 | 244 | | certification filed with and approved by the municipality or county |
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245 | 245 | | certifying the organization, a portion of the property that the |
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246 | 246 | | land bank is offering for sale; |
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247 | 247 | | (2) has built at least three single-family homes or |
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248 | 248 | | duplexes or one multifamily residential dwelling of four or more |
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249 | 249 | | units in compliance with all applicable building codes within the |
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250 | 250 | | preceding two-year period and within the organization's designated |
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251 | 251 | | geographical boundaries of operation; and |
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252 | 252 | | (3) within the preceding three-year period has |
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253 | 253 | | developed or rehabilitated housing units within a two-mile radius |
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254 | 254 | | of the property that the land bank is offering for sale. |
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255 | 255 | | (b) The land bank shall first offer for sale to qualified |
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256 | 256 | | organizations any property acquired by the land bank under Section |
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257 | 257 | | 2306.1157. |
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258 | 258 | | (c) Notice must be provided to the qualified organizations |
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259 | 259 | | by certified mail, return receipt requested, not later than the |
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260 | 260 | | 60th day before the beginning of the period in which a right of |
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261 | 261 | | first refusal may be exercised. |
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262 | 262 | | (d) The corporation shall specify in its plan the period |
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263 | 263 | | during which the right of first refusal provided by this section may |
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264 | 264 | | be exercised by a qualified organization. That period must be at |
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265 | 265 | | least nine months but not more than 26 months from the date of the |
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266 | 266 | | deed of conveyance of the property to the land bank. |
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267 | 267 | | (e) If the land bank conveys the property to a qualified |
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268 | 268 | | organization before the expiration of the period specified by the |
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269 | 269 | | corporation under Subsection (d), the interlocal agreement |
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270 | 270 | | executed under Section 2306.1157(a)(4) must provide tax abatement |
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271 | 271 | | for the property until the expiration of that period. |
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272 | 272 | | (f) During the specified period, the land bank may not sell |
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273 | 273 | | the property to a qualified participating developer other than a |
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274 | 274 | | qualified organization. If all qualified organizations notify the |
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275 | 275 | | land bank that they are declining to exercise their right of first |
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276 | 276 | | refusal during the specified period, or if an offer to purchase the |
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277 | 277 | | property is not received from a qualified organization during that |
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278 | 278 | | period, the land bank may sell the property to any other qualified |
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279 | 279 | | participating developer at the same price that the land bank |
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280 | 280 | | offered the property to the qualified organizations. |
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281 | 281 | | (g) In its plan, the corporation shall establish the |
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282 | 282 | | additional period, if any, that a property may be held in the land |
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283 | 283 | | bank once an offer has been received and accepted from a qualified |
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284 | 284 | | organization or other qualified participating developer. |
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285 | 285 | | (h) If more than one qualified organization expresses an |
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286 | 286 | | interest in exercising its right of first refusal, the organization |
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287 | 287 | | that has designated the most geographically compact area |
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288 | 288 | | encompassing a portion of the property shall be given priority. |
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289 | 289 | | (i) In its plan, the corporation may provide for other |
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290 | 290 | | rights of first refusal for any other nonprofit corporation |
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291 | 291 | | exempted from federal income tax under Section 501(c)(3), Internal |
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292 | 292 | | Revenue Code of 1986, as amended, provided that the preeminent |
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293 | 293 | | right of first refusal is provided to qualified organizations as |
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294 | 294 | | provided by this section. |
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295 | 295 | | (j) The land bank is not required to provide a right of first |
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296 | 296 | | refusal to qualified organizations under this section if the land |
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297 | 297 | | bank is selling property that reverted to the land bank under |
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298 | 298 | | Section 2306.1158(e) or was acquired by the land bank in a manner |
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299 | 299 | | other than that provided by Section 2306.1157. |
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300 | 300 | | Sec. 2306.1161. OPEN RECORDS AND MEETINGS. The land bank |
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301 | 301 | | shall comply with the requirements of Chapters 551 and 552. |
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302 | 302 | | Sec. 2306.1162. RECORDS; AUDIT; REPORT. (a) The land bank |
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303 | 303 | | shall keep accurate minutes of its meetings and shall keep accurate |
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304 | 304 | | records and books of account that conform with generally accepted |
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305 | 305 | | principles of accounting and that clearly reflect the income and |
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306 | 306 | | expenses of the land bank and all transactions in relation to its |
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307 | 307 | | property. |
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308 | 308 | | (b) The land bank shall file with the corporation not later |
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309 | 309 | | than the 90th day after the close of the state fiscal year annual |
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310 | 310 | | audited financial statements prepared by a certified public |
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311 | 311 | | accountant. The financial transactions of the land bank are |
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312 | 312 | | subject to audit by the corporation. |
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313 | 313 | | (c) For purposes of evaluating the effectiveness of the |
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314 | 314 | | program, the land bank shall submit an annual performance report to |
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315 | 315 | | the corporation not later than November 1 of each year in which the |
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316 | 316 | | land bank acquires or sells property under this subchapter. The |
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317 | 317 | | performance report must include: |
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318 | 318 | | (1) a complete and detailed written accounting of all |
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319 | 319 | | money and properties received and disbursed by the land bank during |
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320 | 320 | | the preceding state fiscal year; |
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321 | 321 | | (2) for each property acquired by the land bank during |
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322 | 322 | | the preceding state fiscal year: |
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323 | 323 | | (A) the street address of the property; |
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324 | 324 | | (B) the legal description of the property; |
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325 | 325 | | (C) the date the land bank took title to the |
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326 | 326 | | property; |
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327 | 327 | | (D) the name and mailing address of the property |
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328 | 328 | | owner of record at the time of the acquisition; |
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329 | 329 | | (E) the amount of taxes and other costs owed at |
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330 | 330 | | the time of the foreclosure if the property was acquired under |
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331 | 331 | | Section 2306.1157; and |
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332 | 332 | | (F) the assessed value of the property on the tax |
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333 | 333 | | roll at the time of the foreclosure if the property was acquired |
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334 | 334 | | under Section 2306.1157; |
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335 | 335 | | (3) for each property sold by the land bank during the |
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336 | 336 | | preceding state fiscal year to a qualified participating developer: |
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337 | 337 | | (A) the street address of the property; |
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338 | 338 | | (B) the legal description of the property; |
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339 | 339 | | (C) the name and mailing address of the |
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340 | 340 | | purchaser; |
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341 | 341 | | (D) the price paid by the purchaser; |
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342 | 342 | | (E) the maximum incomes allowed for the |
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343 | 343 | | households by the terms of the sale; and |
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344 | 344 | | (F) the source and amount of any public subsidy |
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345 | 345 | | made available to facilitate the sale or rental of the property to a |
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346 | 346 | | veteran who is a member of a household within the targeted income |
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347 | 347 | | levels; |
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348 | 348 | | (4) for each property sold by a qualified |
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349 | 349 | | participating developer during the preceding state fiscal year, the |
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350 | 350 | | buyer's household income and a description of all use and sale |
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351 | 351 | | restrictions; and |
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352 | 352 | | (5) for each property developed for rental housing |
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353 | 353 | | with an active deed restriction, a copy of the most recent annual |
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354 | 354 | | report filed by the owner with the land bank. |
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355 | 355 | | (d) The land bank shall maintain in its records for |
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356 | 356 | | inspection a copy of the sale settlement statement for each |
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357 | 357 | | property sold by a qualified participating developer and a copy of |
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358 | 358 | | the first page of the mortgage note with the interest rate and |
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359 | 359 | | indicating the volume and page number of the instrument as filed |
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360 | 360 | | with the county clerk. |
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361 | 361 | | (e) The land bank shall provide copies of the performance |
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362 | 362 | | report to any taxing units who were parties to a sale of property |
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363 | 363 | | under Section 2306.1157. The land bank shall provide notice of the |
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364 | 364 | | availability of the performance report for review to the |
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365 | 365 | | organizations and neighborhood associations identified by the |
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366 | 366 | | corporation as serving the neighborhoods in which are located |
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367 | 367 | | properties sold or transferred to the land bank under this |
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368 | 368 | | subchapter. |
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369 | 369 | | (f) The land bank and the corporation shall maintain copies |
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370 | 370 | | of the performance report available for public review. |
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371 | 371 | | SECTION 2. Sections 11.18(d) and (o), Tax Code, are amended |
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372 | 372 | | to read as follows: |
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373 | 373 | | (d) A charitable organization must be organized exclusively |
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374 | 374 | | to perform religious, charitable, scientific, literary, or |
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375 | 375 | | educational purposes and, except as permitted by Subsections (h) |
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376 | 376 | | and (l), engage exclusively in performing one or more of the |
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377 | 377 | | following charitable functions: |
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378 | 378 | | (1) providing medical care without regard to the |
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379 | 379 | | beneficiaries' ability to pay, which in the case of a nonprofit |
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380 | 380 | | hospital or hospital system means providing charity care and |
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381 | 381 | | community benefits in accordance with Section 11.1801; |
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382 | 382 | | (2) providing support or relief to orphans, |
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383 | 383 | | delinquent, dependent, or handicapped children in need of |
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384 | 384 | | residential care, abused or battered spouses or children in need of |
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385 | 385 | | temporary shelter, the impoverished, or victims of natural disaster |
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386 | 386 | | without regard to the beneficiaries' ability to pay; |
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387 | 387 | | (3) providing support without regard to the |
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388 | 388 | | beneficiaries' ability to pay to: |
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389 | 389 | | (A) elderly persons, including the provision of: |
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390 | 390 | | (i) recreational or social activities; and |
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391 | 391 | | (ii) facilities designed to address the |
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392 | 392 | | special needs of elderly persons; or |
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393 | 393 | | (B) the handicapped, including training and |
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394 | 394 | | employment: |
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395 | 395 | | (i) in the production of commodities; or |
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396 | 396 | | (ii) in the provision of services under 41 |
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397 | 397 | | U.S.C. Sections 8501-8506; |
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398 | 398 | | (4) preserving a historical landmark or site; |
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399 | 399 | | (5) promoting or operating a museum, zoo, library, |
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400 | 400 | | theater of the dramatic or performing arts, or symphony orchestra |
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401 | 401 | | or choir; |
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402 | 402 | | (6) promoting or providing humane treatment of |
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403 | 403 | | animals; |
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404 | 404 | | (7) acquiring, storing, transporting, selling, or |
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405 | 405 | | distributing water for public use; |
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406 | 406 | | (8) answering fire alarms and extinguishing fires with |
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407 | 407 | | no compensation or only nominal compensation to the members of the |
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408 | 408 | | organization; |
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409 | 409 | | (9) promoting the athletic development of boys or |
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410 | 410 | | girls under the age of 18 years; |
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411 | 411 | | (10) preserving or conserving wildlife; |
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412 | 412 | | (11) promoting educational development through loans |
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413 | 413 | | or scholarships to students; |
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414 | 414 | | (12) providing halfway house services pursuant to a |
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415 | 415 | | certification as a halfway house by the parole division of the Texas |
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416 | 416 | | Department of Criminal Justice; |
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417 | 417 | | (13) providing permanent housing and related social, |
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418 | 418 | | health care, and educational facilities for persons who are 62 |
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419 | 419 | | years of age or older without regard to the residents' ability to |
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420 | 420 | | pay; |
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421 | 421 | | (14) promoting or operating an art gallery, museum, or |
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422 | 422 | | collection, in a permanent location or on tour, that is open to the |
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423 | 423 | | public; |
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424 | 424 | | (15) providing for the organized solicitation and |
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425 | 425 | | collection for distributions through gifts, grants, and agreements |
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426 | 426 | | to nonprofit charitable, education, religious, and youth |
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427 | 427 | | organizations that provide direct human, health, and welfare |
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428 | 428 | | services; |
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429 | 429 | | (16) performing biomedical or scientific research or |
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430 | 430 | | biomedical or scientific education for the benefit of the public; |
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431 | 431 | | (17) operating a television station that produces or |
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432 | 432 | | broadcasts educational, cultural, or other public interest |
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433 | 433 | | programming and that receives grants from the Corporation for |
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434 | 434 | | Public Broadcasting under 47 U.S.C. Section 396, as amended; |
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435 | 435 | | (18) providing housing for low-income and |
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436 | 436 | | moderate-income families, for unmarried individuals 62 years of age |
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437 | 437 | | or older, for handicapped individuals, and for families displaced |
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438 | 438 | | by urban renewal, through the use of trust assets that are |
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439 | 439 | | irrevocably and, pursuant to a contract entered into before |
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440 | 440 | | December 31, 1972, contractually dedicated on the sale or |
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441 | 441 | | disposition of the housing to a charitable organization that |
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442 | 442 | | performs charitable functions described by Subdivision (9); |
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443 | 443 | | (19) providing housing and related services to persons |
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444 | 444 | | who are 62 years of age or older in a retirement community, if the |
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445 | 445 | | retirement community provides independent living services, |
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446 | 446 | | assisted living services, and nursing services to its residents on |
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447 | 447 | | a single campus: |
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448 | 448 | | (A) without regard to the residents' ability to |
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449 | 449 | | pay; or |
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450 | 450 | | (B) in which at least four percent of the |
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451 | 451 | | retirement community's combined net resident revenue is provided in |
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452 | 452 | | charitable care to its residents; |
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453 | 453 | | (20) providing housing on a cooperative basis to |
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454 | 454 | | students of an institution of higher education if: |
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455 | 455 | | (A) the organization is exempt from federal |
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456 | 456 | | income taxation under Section 501(a), Internal Revenue Code of |
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457 | 457 | | 1986, as amended, by being listed as an exempt entity under Section |
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458 | 458 | | 501(c)(3) of that code; |
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459 | 459 | | (B) membership in the organization is open to all |
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460 | 460 | | students enrolled in the institution and is not limited to those |
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461 | 461 | | chosen by current members of the organization; |
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462 | 462 | | (C) the organization is governed by its members; |
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463 | 463 | | and |
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464 | 464 | | (D) the members of the organization share the |
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465 | 465 | | responsibility for managing the housing; |
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466 | 466 | | (21) acquiring, holding, and transferring unimproved |
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467 | 467 | | real property under an urban land bank demonstration program |
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468 | 468 | | established under Chapter 379C, Local Government Code, as or on |
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469 | 469 | | behalf of a land bank; |
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470 | 470 | | (22) acquiring, holding, and transferring unimproved |
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471 | 471 | | real property under an urban land bank program established under |
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472 | 472 | | Chapter 379E, Local Government Code, as or on behalf of a land bank; |
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473 | 473 | | (22-a) acquiring, holding, and transferring |
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474 | 474 | | unimproved real property under a land bank program established |
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475 | 475 | | under Subchapter PP, Chapter 2306, Government Code, as or on behalf |
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476 | 476 | | of a land bank; |
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477 | 477 | | (23) providing housing and related services to |
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478 | 478 | | individuals who: |
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479 | 479 | | (A) are unaccompanied and homeless and have a |
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480 | 480 | | disabling condition; and |
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481 | 481 | | (B) have been continuously homeless for a year or |
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482 | 482 | | more or have had at least four episodes of homelessness in the |
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483 | 483 | | preceding three years; |
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484 | 484 | | (24) operating a radio station that broadcasts |
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485 | 485 | | educational, cultural, or other public interest programming, |
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486 | 486 | | including classical music, and that in the preceding five years has |
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487 | 487 | | received or been selected to receive one or more grants from the |
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488 | 488 | | Corporation for Public Broadcasting under 47 U.S.C. Section 396, as |
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489 | 489 | | amended; or |
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490 | 490 | | (25) providing, without regard to the beneficiaries' |
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491 | 491 | | ability to pay, tax return preparation services and assistance with |
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492 | 492 | | other financial matters. |
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493 | 493 | | (o) For purposes of Subsection (a)(2), real property |
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494 | 494 | | acquired, held, and transferred by an organization that performs |
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495 | 495 | | the function described by Subsection (d)(21), [or] (22), or (22-a) |
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496 | 496 | | is considered to be used exclusively by the qualified charitable |
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497 | 497 | | organization to perform that function. |
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498 | 498 | | SECTION 3. Section 11.18, Tax Code, as amended by this Act, |
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499 | 499 | | applies only to an ad valorem tax year that begins on or after the |
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500 | 500 | | effective date of this Act. |
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501 | 501 | | SECTION 4. This Act takes effect September 1, 2021. |
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