HBA-MPA H.B. 3315 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3315
By: Cuellar
Urban Affairs
3/21/1999
Introduced



BACKGROUND AND PURPOSE 

Owner-builder housing can be an affordable option for those with the skills
and desire to attempt it. Several barriers hinder quality owner
construction, however, the most significant being financing. Without
financing owner-builders often proceed with construction in a piecemeal
fashion, adding to their structures as they accumulate cash for materials.
H.B. 3315 directs the Texas Department of Housing and Community Affairs to
establish an owner-builder interim construction loan program in partnership
with construction supply companies. 

More than 1,500 colonias -- unincorporated communities, many of them
characterized by poverty, substandard housing and inadequate basic services
-- lie along the U.S. side of the Mexican border, 98 percent of them in
Texas.  The general unavailability of mortgage loans for people in such
communities leaves only one finance mechanism for home ownership: a
contract for deed (CFD). In 1995, the 74th Texas Legislature set aside
state and federal money to refinance CFDs and convert them into traditional
notes and deeds of trust, thereby allowing colonia residents to build
equity and gain access to loan funds for construction and rehabilitation.
H.B. 3315 creates a guaranteed loan fund to allow private lenders to make
contracts for deed conversions. 

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 Development in SECTION 1 (Sections 2306.752, and 2306.753,
Government Code), and in SECTION 2 (Section 2306.255, Government Code) of
this bill. 

SECTION BY SECTION ANALYSIS

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

SUBCHAPTER FF.  INTERIM CONSTRUCTION LOAN PROGRAM

Sec. 2306.751.  DEFINITIONS. Defines "construction supply company" and
"ownerbuilder."  

Sec. 2306.752.  INTERIM CONSTRUCTION LOAN PROGRAM. (a) Requires the Texas
Department of Housing and Community Affairs (department), in order to
provide for the development of affordable housing in this state, to: 

(1) cooperate with construction supply companies to provide interim
construction loans (i-c loans) for owner-builders; and 

(2) provide other services that facilitate the implementation of the
program, including contract for deed conversion assistance under Section
2306.255, and assistance in refinancing i-c loans to provide private
market-rate mortgages for owner-builders who participate in the program. 

(b) Authorizes an i-c loan program under this section to provide resources
to build new residential housing, and develop, renovate, or make
improvements to existing housing. 
 (c) Authorizes the department to adopt rules necessary to accomplish the
purposes of this subchapter. 

Sec. 2306.753.  PARTICIPATION AGREEMENT.  (a)  Requires the department to
enter into a participation agreement with one or more construction supply
companies to provide loan guarantees for i-c loans to owner-builders. 

(b) Requires the department, by rule, to establish a threshold limit for
the percentage of an i-c loan that the department guarantees under the
program based on the estimated value of the property after the improvements
to the property.  Prohibits the department from agreeing to a guarantee for
an i-c loan to an owner-builder that exceeds the threshold. 

(c) Prohibits the department from making an agreement with a construction
supply company under the program unless the participation agreement allows
the department to annually renegotiate the guarantee percentage.  Requires
the department to renegotiate the terms of the i-c loan to obtain a better
guarantee percentage for the state. 

(d) Authorizes the participating construction supply company to require the
owner-builder to provide a warranty deed of the property as collateral for
the i-c loan. 

Sec. 2306.754.  OWNER-BUILDER ELIGIBILITY.  Requires the department to
establish eligibility requirements for an owner-builder to participate in
the program, which must include a priority for owner-builders who are low,
very low, or extremely low income. Authorizes the department to select a
nonprofit housing assistance organization  to certify the eligibility of an
owner-builder for the program.  Requires the organization to use the
requirements established by the department for that purpose. 

Sec. 2306.755.  CONSTRUCTION SUPPLY COMPANY DUTIES.  Requires a
participating construction supply company to administer the i-c loan,
provide technical assistance to the owner-builder, and perform or assist in
performing inspections. 

Sec. 2306.756.  REFINANCING ASSISTANCE.  Requires the department to assist
an owner-builder who obtains an i-c loan to refinance the loan to pay the
balance of the i-c loan and other debt on the property, and obtain a
mortgage loan on the improved property. Require the department to identify
private lenders to provide market rate mortgages for lowincome
owner-builders, and nonprofit housing assistance organizations and programs
to aid owner-builders who do not qualify for market rate mortgages.   

Sec.  2306.757.  FUNDING.  Prohibits the department from spending state
money to fund a loan guarantee issued under this subchapter.  Requires the
department to identify funds appropriate for this program.  Authorizes the
department to cooperate with a nonprofit housing assistance organization to
establish loan guarantee pools to be used to obtain loans. 

Sec. 2306.758.  REPORTING DUTIES.  Requires the department to compose an
annual report evaluating the repayment history and guarantee percentages
used to obtain loans, and deliver a copy of the report to the governor, the
lieutenant governor, and the speaker of the house of representatives. 

SECTION 2.  Amends Subchapter K, Chapter 2306, Government Code, by adding
Section 2306.255, as follows: 

Sec. 2306.255.  CONTRACT FOR DEED CONVERSION PROGRAM.  (a) Defines "office"
as the office established by the department to promote initiatives for
colonias. 

(b) Requires the office to establish a program to guarantee loans made by
private lenders to convert a contract for deed into a warranty deed. 

(c) Requires the office to make agreements with private lenders that will
issue loans for contract conversion under guarantee from the department.
Provides that the department  and the lender must agree to the criteria for
issuing the loan, including the percentage guarantee issued by the
department. 

(d) Prohibits the office from making an agreement with a lender under the
program unless the agreement allows the office to annually renegotiate the
guarantee percentage. Requires the office to renegotiate the terms of the
guarantee to obtain a better guarantee percentage for the state. 

(e) Requires the office to establish eligibility requirements for a holder
of a contract for deed to participate in the program, which must include a
priority for homeowners who are low, very low, or extremely low income.  

(f)  Requires the office to use funds allocated by the department under the
federal HOME Investment Partnership program established under Title II of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section
12701 et seq.) for a guarantee issued under this section.  Prohibits the
office from spending state money to fund a guarantee under this section. 

(g) Authorizes the office to use the services of the Texas State Affordable
Housing Corporation when necessary to accomplish the purposes of this
section. 

(h) Requires the office to compose an annual report evaluating the
repayment history and guarantee percentages for guarantees under this
section, and deliver a copy of the report to the governor, the lieutenant
governor, and the speaker of the house of representatives. 

(i) Authorizes the department to adopt rules necessary to accomplish the
purposes of this section. 

SECTION 3.  (a)  Effective date: September 1, 1999.

(b) Requires the department to deliver the first report required by Section
2306.758, Government Code, as amended by this Act, no later than January 1,
2001. 

(c) Requires the office to deliver the first report required by Section
2306.255(h), Government Code,  as amended by this Act, no later than
January 1, 2001. 

SECTION 4. Emergency clause.