HBA-TYH, ATS H.B. 2281 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2281
By: Garcia
Urban Affairs
7/22/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the state had loans available to help
working families purchase homes, but builders generally did not build the
types of homes that workers earning $12 to $14 an hour, who needed the
loans, could afford.  H.B. 2281 creates a builder incentive partnership
program which calls for the Texas Department of Housing and Community
Affairs (TDHCA) to guarantee each participating builder a share of the
purchase price for a certain number of homes built that do not exceed
$70,000.  

The incentive program will feature a cost plus profit structure that will
offer builders a flat fee for each completed home, rather than a
percentage-based profit based on the home's sale price.  This will provide
incentives for builders to work in the lowest end of the market, while the
guaranteed purchase arrangement would minimize the risk for the builder.
The program allows builders to market their product directly to buyers as
they do now.  Qualified buyers would meet first-time home buyer criteria.
Additionally, homes built under this program would be required to meet
housing and design standards developed by TDHCA. H.B. 2281 requires TDHCA
to implement a program promoting the construction of affordable homes for
low-wage workers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Housing and
Community Affairs in SECTION 1 (Section 2306.710, Government Code) in this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 2306, Government Code, by adding Subchapter EE,
as follows: 

SUBCHAPTER EE.  BUILDER INCENTIVE PARTNERSHIP PROGRAM

Sec. 2306.701.  DEFINITIONS.  Defines "builder," "cooperative purchase
agreement," "corporation," "cost plus profit structure," and "program." 

Sec. 2306.702.  BUILDER INCENTIVE PARTNERSHIP PROGRAM.  (a) Requires the
Texas Department of Housing and Community Affairs (department) to develop
and maintain a builder incentive partnership program (program) that
provides for the development of affordable housing subdivisions and does
not encourage the further growth of colonias. 

(b) Requires the department to determine geographic areas that are in need
of affordable housing.  Requires the department to provide for affordable
housing development projects in those areas, by entering into a partnership
agreement (agreement) with an eligible builder or developer and housing
assistance agencies or other nonprofit entities that provide housing
assistance to low and very low income homebuyers (low income agencies or
entities).  Requires the department to work with the Texas State Affordable
Housing Corporation (corporation), the builder or developer, or low income
agencies or entities to obtain housing assistance for homebuyers who
purchase homes built under the program. 

 
Sec. 2306.703.  COOPERATIVE PURCHASE AGREEMENT.  (a) Requires the
department to negotiate and conclude a cooperative purchase agreement with
a housing assistance agency (agency) or other nonprofit entity for each
project under the program. 

(b) Provides that, under the cooperative purchase agreement for a specific
project under the program, an agency or other nonprofit entity must agree
to use funds that the department may provide or funds maintained by the
agency or entity from other sources to guarantee a negotiated portion of
the purchase price of a negotiated number of houses to be built under the
project, and, at the option of the builder, to purchase homes built under
the project at cost if the homes do not have a qualified purchaser within
30 days of construction being completed. 

(c) Authorizes the department to provide alternative or additional
conditions under the cooperative purchase agreement as needed. 

Sec. 2306.704.  BUILDER PARTNERSHIP AGREEMENT.  (a) Enumerates the
provisions to which the department and a builder must agree under an
agreement for a specific project. Those mandatory provisions include: the
terms of a cooperative purchase agreement between the department and a low
income agency or entity; the type, style, and number of houses to be built
under the partnership; the types of housing assistance to be applied for
eligible low and very low income homebuyers who purchase homes built under
the program; and any other term that the department determines appropriate. 
  
(b) Requires the builder to market the homes built under the program to
individuals and families who qualify for housing assistance under
department programs in the same manner in which private housing
developments are marketed to the general public. 

(c) Prohibits the department from entering into an agreement for a specific
project with a builder unless the builder agrees to issue the builder's
standard warranties for materials and labor to the first owner-occupant of
a home purchased under the program. 

Sec. 2306.705.  COST PLUS PROFIT STRUCTURE.  (a) Authorizes the builder in
an agreement to require homebuyers to purchase a home under a cost plus
profit structure (profit structure). 

(b) Provides that the department and a builder who requires a profit
structure must agree to a reasonable profit for the builder for each type
of home built under the program. 

(c) Provides that the profit set under the profit structure for a home
built under the program is part of the purchase price of the home, for the
purposes of the agreement and housing finance assistance by the department
or the corporation. 

Sec. 2306.706.  FUNDING.  Prohibits the department and the corporation from
spending state money to fund the guaranteed purchase agreement.  Requires
the department and the corporation to cooperate to identify appropriate
funding sources. 

Sec. 2306.707.  HOUSING STANDARDS.  (a) Requires the department to
establish and maintain standards for the homes built under the program.
Enumerates the required minimum standards, which include the minimum
quality of construction and amenities required, a cost not to exceed
$70,000, a style and type of home that can accommodate additional
construction, but that is flexible enough to serve one family, and other
criteria that the department may provide. 

(b) Authorizes the department to require the construction of a specific
number of homes to be determined by the department that must meet  access
standards, including  doors that are 32 inches wide, hallways that are 36
inches wide, light switches that are 15 inches above the floor, and one
entrance to the home that is without steps. 

Sec. 2306.708.  HOMEBUYER PROGRAMS.  Requires the department and the
corporation  to cooperate to identify private lenders to provide private
market-rate mortgages for low and very low income homebuyers who purchase
homes under the program and housing assistance programs for low and very
low income homebuyers who do not qualify for private marketrate mortgages.
Requires the department and the corporation to provide other necessary
housing assistance for low and very low income homebuyers. 

Sec. 2306.709.  SUSTAINABLE BUILDING.  Requires the department, in
cooperation with other parties involved in the development and promotion of
sustainable construction, to assist in identifying information on
sustainable building resources and techniques to encourage the use of
sustainable products and techniques in the construction of affordable
housing. 

Sec. 2306.710.  RULEMAKING AUTHORITY.  Authorizes the department to adopt
rules necessary to accomplish the purposes of this subchapter. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.