HBA-KDB H.B. 3623 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3623
By: Flores
Urban Affairs
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Many Texas residents have faced an increasing challenge in finding
affordable and accessible housing. There may be an even greater demand for
such housing as the population of this state grows, thereby potentially
placing an increased burden on government resources to alleviate some of
that demand.  Rather than depleting government resources, one solution to
this problem would be to transfer certain unused or substantially underused
real property owned or controlled by the state to political subdivisions
for use as affordable and accessible housing.  House Bill 3623 requires the
asset management division of the General Land Office to transfer such
property to political subdivisions for use as affordable and accessible
housing. 

RULEMAKING AUTHORITY

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. 

ANALYSIS

House Bill 3623 amends the Natural Resources Code to require the asset
management division of the General Land Office (GLO) to identify not less
than every four years real property owned or controlled by the state that
is not being used or is being substantially underused.  The bill requires
GLO to provide a list and an appraisal of such properties to the Texas
Department of Housing and Community Affairs (TDHCA).  Not later than the
60th day after the date of receipt of the list and appraisal, TDHCA is
required to make recommendations to GLO regarding the suitability of those
properties for affordable and accessible housing.  If TDHCA designates a
property as suitable for affordable and accessible housing, GLO's
recommendations must include a recommendation that title to the property be
transferred to an appropriate political subdivision for use as affordable
and accessible housing.   

The bill requires the final report by the commissioner of GLO regarding a
proposed real estate transaction to incorporate GLO's recommendations
regarding the transfer of title to the property to a political subdivision
for use as affordable and accessible housing. 

The bill requires GLO, if the legislature authorizes the transfer of title
to real property to a political subdivision for use as affordable and
accessible housing, to take possession and control of the property. The
bill requires GLO to adopt a policy regarding the method of transferring
title to real property designated as suitable for affordable and accessible
housing to a political subdivision.  The policy must include monitoring and
enforcement provisions to ensure that the property is used for affordable
and accessible housing.  

EFFECTIVE DATE

September 1, 2001.