Office of House Bill AnalysisC.S.H.B. 3654
By: Oliveira
Urban Affairs
Committee Report (Substituted)


C.S.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 20 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
118.013 (Real Property Records Filing).  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

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 $1.80 of each fee collected
for that quarter to the comptroller. Requires the county treasurer to
retain 20 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.


The substitute modifies the original to conform to Legislative Council

The substitute modifies the original in SECTION 1 by modifying proposed
Section 118.011(e), Local Government Code, to correct an erroneous
statutory reference.  The substitute references  Section 118.013 (Real
Property Records Filing), rather than Section 118.03, Local Government
Code, which does not exist. 

The substitute modifies the original in SECTION 2 by modifying proposed
Section 118.0115, Local Government Code, to require a county treasurer to
remit $1.80, rather than 90 cents, of each $2 affordable housing fee
collected to the comptroller and to retain 20 cents, rather than 10 cents,
of each fee to cover county expenses.  The substitute also corrects a
spelling error.