1-1                                   AN ACT
 1-2     relating to the continuation and functions of the Texas State
 1-3     Affordable Housing Corporation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 1372, Government Code, is
 1-6     amended by adding Section 1372.0221 to read as follows:
 1-7           Sec. 1372.0221.  DEDICATION OF PORTION OF STATE CEILING FOR
 1-8     TEACHERS HOME LOAN PROGRAM.  Out of that portion of the state
 1-9     ceiling that is available exclusively for reservations by issuers
1-10     of qualified mortgage bonds under Section 1372.022, $25 million
1-11     shall be allotted each year and made available exclusively to the
1-12     Texas State Affordable Housing Corporation for the purpose of
1-13     issuing qualified mortgage bonds in connection with the teachers
1-14     home loan program established under Section 2306.562.
1-15           SECTION 2. Section 2306.5521, Government Code, is amended to
1-16     read as follows:
1-17           Sec. 2306.5521.  SUNSET PROVISION. The Texas State Affordable
1-18     Housing Corporation is subject to Chapter 325 (Texas Sunset Act).
1-19     Unless continued in existence as provided by that chapter, the
1-20     corporation is abolished and this subchapter expires September 1,
1-21     2003 [2001].
1-22           SECTION 3.  Sections 2306.553(a) and (b), Government Code,
1-23     are amended to read as follows:
1-24           (a)  The public purpose of the corporation is to perform
 2-1     activities and services that the corporation's board of directors
 2-2     determines will promote the public health, safety, and welfare
 2-3     through the provision of adequate, safe, and sanitary housing
 2-4     primarily for individuals and families of low, very low, and
 2-5     extremely low income, and for teachers under the teachers home loan
 2-6     program as provided by Section 2306.562.  The activities and
 2-7     services shall include engaging in mortgage banking activities and
 2-8     lending transactions and acquiring, holding, selling, or leasing
 2-9     real or personal property.
2-10           (b)  The corporation's primary public purpose is to
2-11     facilitate the provision of housing and the making of affordable
2-12     loans to individuals and families of low, very low, and extremely
2-13     low income, and to teachers under the teachers home loan program.
2-14     The corporation may make first lien, single family purchase money
2-15     mortgage loans for single family homes only to individuals and
2-16     families of low, very low, and extremely low income if the
2-17     individual's or family's household income is not more than the
2-18     greater of 60 percent of the median income for the state, as
2-19     defined by the United States Department of Housing and Urban
2-20     Development, or 60 percent of the area median family income,
2-21     adjusted for family size, as defined by that department.  The
2-22     corporation may make loans for multifamily developments if:
2-23                 (1)  at least 40 percent of the units in a multifamily
2-24     development are affordable to individuals and families with incomes
2-25     at or below 60 percent of the median family income, adjusted for
2-26     family size; or
2-27                 (2)  at least 20 percent of the units in a multifamily
 3-1     development are affordable to individuals and families with incomes
 3-2     at or below 50 percent of the median family income, adjusted for
 3-3     family size.
 3-4           SECTION 4.  Subchapter Y, Chapter 2306, Government Code, is
 3-5     amended by adding Sections 2306.5551 and 2306.5552 to read as
 3-6     follows:
 3-7           Sec. 2306.5551.  BOARD DELEGATION OF AUTHORITY TO ISSUE BONDS
 3-8     OR OTHER OBLIGATIONS. (a)  The board of directors of the
 3-9     corporation may delegate to a member of the board or to an employee
3-10     of the corporation the authority to enter into a contract to issue
3-11     bonds or other obligations for the corporation.
3-12           (b)  The person to whom contract authority is delegated under
3-13     this section shall report to the board as frequently as considered
3-14     necessary by the board all of the person's activities relating to
3-15     the issuance of bonds or other obligations.
3-16           Sec. 2306.5552.  TECHNICAL AND FINANCIAL ASSISTANCE PROVIDED
3-17     TO NONPROFIT ORGANIZATIONS. The corporation shall supplement the
3-18     technical and financial capacity of other appropriate nonprofit
3-19     organizations to provide for the multifamily and single-family
3-20     housing needs of individuals and families of low, very low, and
3-21     extremely low income.
3-22           SECTION 5.  Subchapter Y, Chapter 2306, Government Code, is
3-23     amended by adding Section 2306.562 to read as follows:
3-24           Sec. 2306.562.  TEACHERS HOME LOAN PROGRAM.  (a)  In this
3-25     section:
3-26                 (1)  "Home" means a dwelling in this state in which a
3-27     teacher intends to reside as the teacher's principal residence.
 4-1                 (2)  "Mortgage lender" has the meaning assigned by
 4-2     Section 2306.004.
 4-3                 (3)  "Program" means the teachers home loan program.
 4-4                 (4)  "Teacher" means a person who is a classroom
 4-5     teacher as defined by Section 5.001, Education Code.
 4-6           (b)  The corporation shall establish a program to provide
 4-7     eligible teachers whose income does not exceed 115 percent of area
 4-8     median family income, adjusted for family size, with low-interest
 4-9     home mortgage loans.
4-10           (c)  To be eligible for a loan under this section, a teacher
4-11     must:
4-12                 (1)  have been residing in this state for the five-year
4-13     period preceding the date the teacher files an application for a
4-14     loan under this section;
4-15                 (2)  have been working as a teacher for the three-year
4-16     period preceding the application date; and
4-17                 (3)  reside in this state on the application date.
4-18           (d)  The corporation may contract with other agencies of the
4-19     state or with private entities to determine whether applicants
4-20     qualify as teachers under this section or otherwise to administer
4-21     all or part of this section.
4-22           (e)  The board of directors of the corporation may set and
4-23     collect from each applicant any fees the board considers reasonable
4-24     and necessary to cover the expenses of administering the program.
4-25           (f)  The board of directors of the corporation shall adopt
4-26     rules governing:
4-27                 (1)  the administration of the program;
 5-1                 (2)  the making of loans under the program;
 5-2                 (3)  the criteria for approving mortgage lenders;
 5-3                 (4)  the use of insurance on the loans and the homes
 5-4     financed under the program, as considered appropriate by the board
 5-5     to provide additional security for the loans;
 5-6                 (5)  the verification of occupancy of the home by the
 5-7     teacher as the teacher's principal residence; and
 5-8                 (6)  the terms of any contract made with any mortgage
 5-9     lender for processing, originating, servicing, or administering the
5-10     loans.
5-11           (g)  The corporation shall ensure that a loan under this
5-12     section is structured in a way that complies with any requirements
5-13     associated with the source of the funds used for the loan.
5-14           (h)  In addition to funds set aside for the program under
5-15     Section 1372.0221, the corporation may solicit and accept funding
5-16     for the program from the following sources:
5-17                 (1)  gifts and grants for the purposes of this section;
5-18                 (2)  available money in the housing trust fund
5-19     established under Section 2306.201, to the extent available to the
5-20     corporation;
5-21                 (3)  federal block grants that may be used for the
5-22     purposes of this section, to the extent available to the
5-23     corporation;
5-24                 (4)  other state or federal programs that provide money
5-25     that may be used for the purposes of this section; and
5-26                 (5)  amounts received by the corporation in repayment
5-27     of loans made under this section.
 6-1           (i)  This section expires September 1, 2012.
 6-2           SECTION 6.  The Texas State Affordable Housing Corporation
 6-3     shall:
 6-4                 (1)  give priority to a teacher who resides or teaches
 6-5     in an area of the state with a teacher shortage, as determined by
 6-6     the commissioner of education;
 6-7                 (2)  aggressively pursue funding for the teachers home
 6-8     loan program required by Section 2306.562, Government Code, as
 6-9     added by this Act; and
6-10                 (3)  implement the teachers home loan program required
6-11     by that section not later than September 1, 2002.
6-12           SECTION 7.  (a)  If the legislature finds in a scheduled
6-13     review of the Texas State Affordable Housing Corporation by the
6-14     Sunset Advisory Commission under Section 2306.5521, Government
6-15     Code, that the teachers home loan program under Section 2306.562,
6-16     Government Code, as added by this Act, is not being managed to
6-17     accomplish the goal of providing low-interest home mortgage loans
6-18     to teachers, the legislature shall make specific recommendations to
6-19     remedy any problems.
6-20           (b)  If the legislature finds in a scheduled review of the
6-21     Texas State Affordable Housing Corporation by the Sunset Advisory
6-22     Commission under Section 2306.5521, Government Code, that the
6-23     corporation should be abolished, the teachers home loan program
6-24     under Section 2306.562, Government Code, as added by this Act,
6-25     shall be transferred to another appropriate state agency.
6-26           SECTION 8.  This Act takes effect immediately if it receives
6-27     a vote of two-thirds of all the members elected to each house, as
 7-1     provided by Section 39, Article III, Texas Constitution.  If this
 7-2     Act does not receive the vote necessary for immediate effect, this
 7-3     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3451 was passed by the House on April
         26, 2001, by the following vote:  Yeas 145, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 3451 on May 25, 2001, by the following vote:  Yeas 106, Nays 0,
         1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3451 was passed by the Senate, with
         amendments, on May 16, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor