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


Office of House Bill AnalysisC.S.H.B. 3623
By: Flores
Urban Affairs
4/9/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Many Texas residents are being faced with 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 may 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.
C.S.H.B. 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

C.S.H.B. 3623 amends the Natural Resources Code to require the asset
management division of the General Land Office (division) 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 the division to provide a list and an appraisal of such properties
to the Texas Department of Housing and Community Affairs (department).  Not
later than the 60th day after the date of receipt of the list and
appraisal, the department is required to make recommendations to the
division regarding the suitability of those properties for affordable and
accessible housing.  If the department designates a property as suitable
for affordable and accessible housing, the division'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 commissioner's final report of a proposed real estate
transaction to incorporate the division's recommendations regarding the
transfer of title to the property to a political subdivision for use as
affordable and accessible housing. 

The bill requires the division, 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 the division 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 for use as affordable and
accessible housing.  The policy must include monitoring and enforcement
provisions to ensure that the property is used for affordable and
accessible housing.  The  bill requires the division to conduct the
transfer of title to real property as provided by the policy. 

EFFECTIVE DATE

September 1, 2001.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3623 modifies the original bill to Texas Legislative Council style
and format.  The substitute changes all references to "affordable or
accessible housing" to "affordable and accessible housing."