Texas 2023 - 88th Regular

Texas House Bill HB2476 Compare Versions

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1	1	By: Garcia, Shine, Lopez of Bexar, Thierry, H.B. No. 2476
2	2	Morales Shaw, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of a veterans' land bank program by the
8	8	Texas State Affordable Housing Corporation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2306.566(c), Government Code, is amended
11	11	to read as follows:
12	12	(c) The corporation's plan must include:
13	13	(1) specific proposals to help serve rural and other
14	14	underserved areas of the state; and
15	15	(2) the veterans' land bank plan developed under
16	16	Section 2306.5622.
17	17	SECTION 2. Subchapter Y, Chapter 2306, Government Code, is
18	18	amended by adding Section 2306.5622 to read as follows:
19	19	Sec. 2306.5622. VETERANS' LAND BANK PROGRAM. (a) In this
20	20	section:
21	21	(1) "Affordable" means that the monthly mortgage
22	22	payment or contract rent does not exceed 30 percent of the
23	23	applicable median family income for that housing unit size, in
24	24	accordance with the income and rent limit rules adopted by the
25	25	department.
26	26	(2) "Low-income household" means a household with an
27	27	income of not greater than 80 percent of the area median family
28	28	income, based on gross household income, adjusted for household
29	29	size, for a municipality or, if located in an area that is not part
30	30	of a municipality, a county, as determined annually by the United
31	31	States Department of Housing and Urban Development.
32	32	(3) "Veteran" has the meaning provided by Section
33	33	161.001, Natural Resources Code.
34	34	(4) "Veterans' land bank plan" or "plan" means a plan
35	35	adopted by the corporation as provided by Subsection (f).
36	36	(5) "Veterans' land bank program" or "program" means a
37	37	program adopted under Subsection (c).
38	38	(b) This section controls to the extent of any conflict
39	39	between this section and another provision of this chapter.
40	40	(c) The corporation shall establish a veterans' land bank
41	41	program for the purpose of acquiring, holding, and transferring
42	42	real property under this section to provide affordable housing for
43	43	veterans who are members of low-income households.
44	44	(d) Property held by the corporation under the program may
45	45	include:
46	46	(1) property acquired in the manner provided by
47	47	Subsection (g); and
48	48	(2) other property acquired by or transferred to the
49	49	corporation.
50	50	(e) A sale or other transfer of property for use in
51	51	connection with the program is a sale for a public purpose.
52	52	(f) The corporation shall operate the program in
53	53	conformance with a veterans' land bank plan. The corporation shall
54	54	adopt a plan annually. The plan may be amended from time to time.
55	55	In developing the plan, the corporation shall consider any other
56	56	housing plans adopted by a municipality or county in which the
57	57	corporation intends to implement the program.
58	58	(g) Property that is ordered sold pursuant to foreclosure of
59	59	a tax lien may be sold to the corporation for the purpose of the
60	60	program in the manner provided by Section 34.01, Tax Code.
61	61	(h) Notwithstanding any other law, if consent is given by
62	62	the taxing units that are a party to the judgment, property may be
63	63	sold to the corporation for the program for less than the market
64	64	value of the property as specified in the judgment or less than the
65	65	total of all taxes, penalties, and interest, plus the value of
66	66	nontax liens held by a taxing unit and awarded by the judgment,
67	67	court costs, and the cost of the sale.
68	68	(i) The deed of conveyance of the property sold to the
69	69	corporation under Subsection (g) conveys to the corporation the
70	70	right, title, and interest acquired or held by each taxing unit that
71	71	was a party to the judgment, subject to the right of redemption.
72	72	(j) Each subsequent resale by the corporation of a property
73	73	under the program must comply with the conditions of this
74	74	subsection. Within the 10-year period following the date of
75	75	acquisition, the corporation must sell a property to a veteran who
76	76	is a member of a low-income household. If after 10 years a
77	77	qualified veteran has not purchased the property, the property
78	78	shall be transferred from the corporation to the taxing units who
79	79	were parties to the judgment for disposition as otherwise allowed
80	80	under the law.
81	81	(k) The corporation shall impose, in accordance with this
82	82	subsection, deed restrictions on property sold to veterans through
83	83	the program requiring the subsequent sale or rental of the property
84	84	to veterans who are members of low-income households. Except as
85	85	otherwise provided by this subsection, if the deed restrictions
86	86	imposed under this subsection are for a term of years, the deed
87	87	restrictions renew automatically. The corporation may modify or
88	88	add to the deed restrictions imposed under this subsection. Any
89	89	modifications or additions made by the corporation must be adopted
90	90	by the corporation as part of its plan and must comply with the
91	91	minimum requirements provided under this subsection.
92	92	(l) For purposes of evaluating the effectiveness of the
93	93	program, the corporation shall prepare an annual performance report
94	94	not later than November 1 of each year. The performance report must
95	95	include:
96	96	(1) a complete and detailed written accounting of all
97	97	money and properties received and disbursed by the corporation
98	98	through the program during the preceding state fiscal year;
99	99	(2) for each property acquired by the corporation for
100	100	the program during the preceding state fiscal year:
101	101	(A) the street address of the property;
102	102	(B) the legal description of the property;
103	103	(C) the date the corporation took title to the
104	104	property;
105	105	(D) the name and mailing address of the property
106	106	owner of record at the time of the acquisition;
107	107	(E) the amount of taxes and other costs owed at
108	108	the time of the foreclosure if the property was acquired under
109	109	Subsection (g); and
110	110	(F) the assessed value of the property on the tax
111	111	roll at the time of the foreclosure if the property was acquired
112	112	under Subsection (g); and
113	113	(3) for each property sold by the corporation through
114	114	the program during the preceding state fiscal year:
115	115	(A) the street address of the property;
116	116	(B) the legal description of the property; and
117	117	(C) the price paid by the purchaser.
118	118	(m) The corporation shall provide copies of the performance
119	119	report to any taxing units who were parties to a sale of property
120	120	under Subsection (g). The corporation shall maintain copies of the
121	121	performance report available for public review.
122	122	(n) The corporation shall maintain in its records for
123	123	inspection a copy of the sale settlement statement for each
124	124	property sold through the veterans' land bank program.
125	125	SECTION 3. Sections 11.18(d) and (o), Tax Code, are amended
126	126	to read as follows:
127	127	(d) A charitable organization must be organized exclusively
128	128	to perform religious, charitable, scientific, literary, or
129	129	educational purposes and, except as permitted by Subsections (h)
130	130	and (l), engage exclusively in performing one or more of the
131	131	following charitable functions:
132	132	(1) providing medical care without regard to the
133	133	beneficiaries' ability to pay, which in the case of a nonprofit
134	134	hospital or hospital system means providing charity care and
135	135	community benefits in accordance with Section 11.1801;
136	136	(2) providing support or relief to orphans,
137	137	delinquent, dependent, or handicapped children in need of
138	138	residential care, abused or battered spouses or children in need of
139	139	temporary shelter, the impoverished, or victims of natural disaster
140	140	without regard to the beneficiaries' ability to pay;
141	141	(3) providing support without regard to the
142	142	beneficiaries' ability to pay to:
143	143	(A) elderly persons, including the provision of:
144	144	(i) recreational or social activities; and
145	145	(ii) facilities designed to address the
146	146	special needs of elderly persons; or
147	147	(B) the handicapped, including training and
148	148	employment:
149	149	(i) in the production of commodities; or
150	150	(ii) in the provision of services under 41
151	151	U.S.C. Sections 8501-8506;
152	152	(4) preserving a historical landmark or site;
153	153	(5) promoting or operating a museum, zoo, library,
154	154	theater of the dramatic or performing arts, or symphony orchestra
155	155	or choir;
156	156	(6) promoting or providing humane treatment of
157	157	animals;
158	158	(7) acquiring, storing, transporting, selling, or
159	159	distributing water for public use;
160	160	(8) answering fire alarms and extinguishing fires with
161	161	no compensation or only nominal compensation to the members of the
162	162	organization;
163	163	(9) promoting the athletic development of boys or
164	164	girls under the age of 18 years;
165	165	(10) preserving or conserving wildlife;
166	166	(11) promoting educational development through loans
167	167	or scholarships to students;
168	168	(12) providing halfway house services pursuant to a
169	169	certification as a halfway house by the parole division of the Texas
170	170	Department of Criminal Justice;
171	171	(13) providing permanent housing and related social,
172	172	health care, and educational facilities for persons who are 62
173	173	years of age or older without regard to the residents' ability to
174	174	pay;
175	175	(14) promoting or operating an art gallery, museum, or
176	176	collection, in a permanent location or on tour, that is open to the
177	177	public;
178	178	(15) providing for the organized solicitation and
179	179	collection for distributions through gifts, grants, and agreements
180	180	to nonprofit charitable, education, religious, and youth
181	181	organizations that provide direct human, health, and welfare
182	182	services;
183	183	(16) performing biomedical or scientific research or
184	184	biomedical or scientific education for the benefit of the public;
185	185	(17) operating a television station that produces or
186	186	broadcasts educational, cultural, or other public interest
187	187	programming and that receives grants from the Corporation for
188	188	Public Broadcasting under 47 U.S.C. Section 396, as amended;
189	189	(18) providing housing for low-income and
190	190	moderate-income families, for unmarried individuals 62 years of age
191	191	or older, for handicapped individuals, and for families displaced
192	192	by urban renewal, through the use of trust assets that are
193	193	irrevocably and, pursuant to a contract entered into before
194	194	December 31, 1972, contractually dedicated on the sale or
195	195	disposition of the housing to a charitable organization that
196	196	performs charitable functions described by Subdivision (9);
197	197	(19) providing housing and related services to persons
198	198	who are 62 years of age or older in a retirement community, if the
199	199	retirement community provides independent living services,
200	200	assisted living services, and nursing services to its residents on
201	201	a single campus:
202	202	(A) without regard to the residents' ability to
203	203	pay; or
204	204	(B) in which at least four percent of the
205	205	retirement community's combined net resident revenue is provided in
206	206	charitable care to its residents;
207	207	(20) providing housing on a cooperative basis to
208	208	students of an institution of higher education if:
209	209	(A) the organization is exempt from federal
210	210	income taxation under Section 501(a), Internal Revenue Code of
211	211	1986, as amended, by being listed as an exempt entity under Section
212	212	501(c)(3) of that code;
213	213	(B) membership in the organization is open to all
214	214	students enrolled in the institution and is not limited to those
215	215	chosen by current members of the organization;
216	216	(C) the organization is governed by its members;
217	217	and
218	218	(D) the members of the organization share the
219	219	responsibility for managing the housing;
220	220	(21) acquiring, holding, and transferring unimproved
221	221	real property under an urban land bank demonstration program
222	222	established under Chapter 379C, Local Government Code, as or on
223	223	behalf of a land bank;
224	224	(22) acquiring, holding, and transferring unimproved
225	225	real property under an urban land bank program established under
226	226	Chapter 379E, Local Government Code, as or on behalf of a land bank;
227	227	(22-a) acquiring, holding, and transferring
228	228	unimproved real property under a veterans' land bank program
229	229	established under Section 2306.5622, Government Code, as or on
230	230	behalf of the Texas State Affordable Housing Corporation;
231	231	(23) providing housing and related services to
232	232	individuals who:
233	233	(A) are unaccompanied and homeless and have a
234	234	disabling condition; and
235	235	(B) have been continuously homeless for a year or
236	236	more or have had at least four episodes of homelessness in the
237	237	preceding three years;
238	238	(24) operating a radio station that broadcasts
239	239	educational, cultural, or other public interest programming,
240	240	including classical music, and that in the preceding five years has
241	241	received or been selected to receive one or more grants from the
242	242	Corporation for Public Broadcasting under 47 U.S.C. Section 396, as
243	243	amended; or
244	244	(25) providing, without regard to the beneficiaries'
245	245	ability to pay, tax return preparation services and assistance with
246	246	other financial matters.
247	247	(o) For purposes of Subsection (a)(2), real property
248	248	acquired, held, and transferred by an organization that performs
249	249	the function described by Subsection (d)(21), [or] (22), or (22-a)
250	250	is considered to be used exclusively by the qualified charitable
251	251	organization to perform that function.
252	252	SECTION 4. Section 11.18, Tax Code, as amended by this Act,
253	253	applies only to an ad valorem tax year that begins on or after the
254	254	effective date of this Act.
255	255	SECTION 5. This Act takes effect September 1, 2023.