Texas 2025 - 89th Regular

Texas House Bill HB4505 Compare Versions

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11 89R1830 JG-F
22 By: Bell of Montgomery H.B. No. 4505
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the establishment of the workforce housing capital
1010 investment fund program to fund the development of workforce
1111 housing in this state; authorizing a fee.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. The legislature finds that:
1414 (1) the creation of the workforce housing capital
1515 investment fund and use of the fund under Subchapter EE, Chapter
1616 2306, Government Code, as added by this Act, will substantially
1717 increase the development of workforce housing for households that
1818 earn between 30 and 80 percent of the area median income;
1919 (2) the workforce housing capital investment fund will
2020 enable loan recipients to access needed capital to plan for future
2121 growth;
2222 (3) the creation of more housing options in this state
2323 will:
2424 (A) help stabilize the state economy and local
2525 economies across this state; and
2626 (B) reduce the need for other services provided
2727 by this state and political subdivisions of this state;
2828 (4) skilled construction and trade labor shortages
2929 impact the cost of housing at all income levels; and
3030 (5) the use of the workforce housing capital
3131 investment fund for the purposes of and in the manner described by
3232 Subchapter EE, Chapter 2306, Government Code, as added by this Act,
3333 is:
3434 (A) in furtherance of the public purposes of
3535 mitigating housing deficits and providing housing to a critical
3636 segment of this state's population that is not often served by
3737 for-profit housing; and
3838 (B) for the benefit of both this state and
3939 political subdivisions of this state that are impacted by a lack of
4040 workforce housing to provide to qualified homebuyers.
4141 SECTION 2. Chapter 2306, Government Code, is amended by
4242 adding Subchapter EE to read as follows:
4343 SUBCHAPTER EE. WORKFORCE HOUSING CAPITAL INVESTMENT FUND PROGRAM
4444 Sec. 2306.701. DEFINITIONS. In this subchapter:
4545 (1) "Fund" means the workforce housing capital
4646 investment fund established under this subchapter.
4747 (2) "Program" means the workforce housing capital
4848 investment fund program established under this subchapter.
4949 (3) "Program administrator" means the nonprofit
5050 housing organization with which the department contracts to
5151 administer the program under Section 2306.703.
5252 (4) "Program recipient" means a loan recipient under
5353 the program.
5454 Sec. 2306.702. WORKFORCE HOUSING CAPITAL INVESTMENT FUND.
5555 (a) The workforce housing capital investment fund is a special fund
5656 in the state treasury outside the general revenue fund.
5757 (b) The fund consists of:
5858 (1) gifts, grants, and donations received by this
5959 state for the purposes of the fund;
6060 (2) legislative appropriations for the purposes of
6161 this subchapter;
6262 (3) any fees or other sources of revenue that the
6363 legislature dedicates for deposit to the fund;
6464 (4) repayments of loans made from the fund; and
6565 (5) interest earned on money deposited to the fund.
6666 Sec. 2306.703. PROGRAM ADMINISTRATION. (a) The department
6767 shall contract with a nonprofit housing organization through a
6868 one-time competitive procurement process to administer the program
6969 in accordance with this subchapter.
7070 (b) The nonprofit housing organization with which the
7171 department contracts under this section must be a nonprofit
7272 organization designated as a Section 501(c)(3) organization by the
7373 Internal Revenue Service that:
7474 (1) has a statewide service area with organizational
7575 affiliates;
7676 (2) provides to organizations designated as Section
7777 501(c)(3) organizations training and technical support, resource
7878 development, mortgage services, and disaster preparedness and
7979 response resources;
8080 (3) provides financial literacy education to
8181 low-income homebuyers;
8282 (4) builds single-family residential homes; and
8383 (5) works with homebuyers who contribute to the
8484 construction of their home or the rehabilitation of another
8585 individual's home, including as a certified nonprofit
8686 owner-builder housing program provider under Subchapter FF with not
8787 less than 15 years of experience.
8888 Sec. 2306.704. USE OF FUND. (a) The department shall
8989 provide money from the fund to the program administrator to make and
9090 disburse zero-interest loans to program recipients in accordance
9191 with this subchapter.
9292 (b) Money provided from the fund to program recipients may
9393 be used only to pay the costs associated with the development and
9494 construction of workforce, single-family housing projects
9595 primarily for households that earn between 30 and 80 percent of the
9696 area median income, including:
9797 (1) planning and design costs;
9898 (2) land acquisition costs;
9999 (3) impact fees and permitting costs;
100100 (4) costs associated with flood mitigation, water
101101 quality, and environmental controls; and
102102 (5) costs associated with infrastructure, including
103103 roads, sidewalks, utilities, and broadband service.
104104 (c) Interest earned on money deposited to the fund may be
105105 used by the program administrator for:
106106 (1) program staffing and other related costs
107107 associated with administering the program; and
108108 (2) training programs associated with the purposes of
109109 this subchapter.
110110 Sec. 2306.705. APPLICATION REQUIREMENTS; PROGRAM RECIPIENT
111111 SELECTION. (a) The department shall prescribe the form and manner
112112 for an applicant to apply for a loan under the program.
113113 (b) An application must satisfy the requirements prescribed
114114 by the department and demonstrate that the applicant:
115115 (1) is incorporated under this state's laws as a
116116 nonprofit organization;
117117 (2) is organized for the purpose of building
118118 owner-occupied residential homes for households that earn between
119119 30 and 80 percent of the area median income and has carried out that
120120 purpose for not less than 15 years; and
121121 (3) has experience in providing training and technical
122122 support, resource development, mortgage services, and disaster
123123 preparedness and response resources that expand the applicant's
124124 capacity to serve communities in this state.
125125 (c) The program administrator shall review applications and
126126 select applicants to provide loans to under the program. In
127127 selecting applicants, the program administrator:
128128 (1) shall consider the quality of the application and
129129 the applicant's ability to carry out the purposes of this
130130 subchapter; and
131131 (2) may give priority to applicants that partner with
132132 organizations that provide training opportunities to construction
133133 trade workforce members.
134134 (d) The program administrator may require an applicant to
135135 pay an origination fee on a loan application.
136136 Sec. 2306.706. ANNUAL REPORT; INTERNET POSTING. (a) The
137137 program administrator shall prepare and submit to the department an
138138 annual report on the program. The report must include:
139139 (1) information on the program recipients that
140140 received a loan under the program during the preceding year;
141141 (2) a description of each workforce housing project
142142 funded by a loan under the program, including:
143143 (A) the project's expected completion date and
144144 information on the progress made during the preceding year toward
145145 completing the project;
146146 (B) the number of families the project is
147147 expected to serve; and
148148 (C) the total amount and repayment status of the
149149 loan; and
150150 (3) other information the department requires.
151151 (b) The department shall post on the department's Internet
152152 website the information submitted to the department under this
153153 section.
154154 Sec. 2306.707. INDEPENDENT FINANCIAL AUDIT. (a) The
155155 program administrator shall annually commission from a certified
156156 public accounting firm an independent financial audit of the
157157 program administrator's financial activities in relation to the
158158 program and the use of money in the fund. The program administrator
159159 shall provide the results of the audit to the department for the
160160 department's review and evaluation.
161161 (b) In the event the department determines from the results
162162 of the audit that money from the fund has not been used in
163163 accordance with the purposes of this subchapter, the department may
164164 require repayment of the money over a period and in the manner the
165165 department requires.
166166 Sec. 2306.708. RULES. The department shall adopt rules to
167167 implement the program and carry out this subchapter, including
168168 rules on:
169169 (1) application procedures and requirements for an
170170 applicant to receive a loan under the program;
171171 (2) the investment of money in the fund; and
172172 (3) the administration of the fund.
173173 SECTION 3. As soon as practicable after the effective date
174174 of this Act, the Texas Department of Housing and Community Affairs
175175 shall adopt rules to implement Subchapter EE, Chapter 2306,
176176 Government Code, as added by this Act.
177177 SECTION 4. This Act takes effect September 1, 2025.