Office of House Bill AnalysisH.B. 3654
By: Oliveira
Urban Affairs


H.B. 3654 creates a revenue source for the housing trust fund by assessing
a $2 affordable housing fee on personal and real property filings at the
county level.  This bill requires the treasurer of a county to retain 10
cents of the fee in order to reimburse the county for expenses incurred in
assessing and collecting the fee.  The remainder of the fee is credited to
the housing trust fund. 


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


SECTION 1.  Amends Section 118.011, Local Government Code, by adding
Subsection (e), to require a county clerk to collect an affordable housing
fee of $2 for each document filed for recording for which a fee is charged
as described by Section 118.012 (Personal Property Records Filing) or
118.03.  Establishes that this fee is in addition to any other fee charged
for recording the document.  Requires the clerk to collect the fee at the
time the document is presented for recording. 

SECTION 2.  Amends Subchapter B, Chapter 118, Local Government Code, by
adding Section 118.0115, as follows: 

Sec. 118.0115.  AFFORDABLE HOUSING FEE.  Requires a county clerk to remit
the affordable housing fee to the county treasurer within a specific time
frame.  Requires the county treasurer to remit 90 cents of each fee
collected for that quarter to the comptroller. Requires the county
treasurer to retain 10 cents of each fee and any interest earned on the
entire fee to reimburse the county for expenses associated with collecting
and remitting the fee.  Requires the comptroller to deposit fee amounts
received to the credit of the housing trust fund for use in accordance with
the purposes of that fund. 

SECTION 3.  Amends Section 2306.201(b), Government Code, to include in the
housing trust fund money deposited from the collection of the affordable
housing fee.  Redesignates Subdivisions (3)(5) to (4)-(6). 

SECTION 4.  Makes application of this Act prospective. 

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.