reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter C. Homestead Land Trust › Section 373A.106. Sale or Lease of Housing Units

Sec. 373A.106.  SALE OR LEASE OF HOUSING UNITS.  (a)  A trust shall sell or lease all housing units only to families with a yearly income at the time of purchase or lease of the housing unit at or below 70 percent of the area median family income, adjusted for family size.
(b)  At least 40 percent of the housing units sold or leased by the trust must be sold or leased to families with a yearly income at the time of purchase or lease at or below 50 percent of the area median family income, adjusted for family size.
(c)  At least 10 percent of the housing units sold or leased by the trust must be sold or leased to families with a yearly income at the time of purchase or lease at or below 30 percent of the area median family income, adjusted for family size.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter C. Homestead Land Trust › Section 373A.107. Transfer From Governmental Entities; Forgiving Outstanding Taxes

Sec. 373A.107.  TRANSFER FROM GOVERNMENTAL ENTITIES; FORGIVING OUTSTANDING TAXES.  (a)  A governmental entity may transfer land to a trust without competitive bidding.
(b)  A taxing unit may forgive outstanding taxes and fees on property transferred under this section if otherwise allowed by law.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter C. Homestead Land Trust › Section 373A.109. Relation to Other Law

Sec. 373A.109.  RELATION TO OTHER LAW.  This subchapter does not preclude the creation of a land trust by a nonprofit organization, including a community housing development organization, under other statutory or common law or the operation of that land trust inside or outside the district.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter C. Homestead Land Trust › Section 373A.110. Applicability of Subchapter to Trust Operated by Housing Finance Corporation

Sec. 373A.110.  APPLICABILITY OF SUBCHAPTER TO TRUST OPERATED BY HOUSING FINANCE CORPORATION.  Sections 373A.102, 373A.104, 373A.105(b), and 373A.106 do not apply to a trust operated in the district by a housing finance corporation established under Chapter 394.
Added by Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter D. Homestead Preservation Reinvestment Zone › Section 373A.151. Applicability of Other Law

Sec. 373A.151.  APPLICABILITY OF OTHER LAW.  (a)  Except as provided by this subchapter, Chapter 311, Tax Code, applies to a homestead preservation reinvestment zone created under this subchapter.  To the extent of any conflict between this subchapter and Chapter 311, Tax Code, this subchapter prevails.
(b)  In addition to other provisions of this subchapter that modify or supersede the application of Chapter 311, Tax Code, to a zone established under this subchapter, Sections 311.005 and 311.006, Tax Code, do not apply to a zone established under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter D. Homestead Preservation Reinvestment Zone › Section 373A.152. General Authority to Create Homestead Preservation Reinvestment Zone

Sec. 373A.152.  GENERAL AUTHORITY TO CREATE HOMESTEAD PRESERVATION REINVESTMENT ZONE.  (a)  A municipality by ordinance may designate a contiguous geographical area contained entirely within the boundaries of the district as a homestead preservation reinvestment zone to develop or redevelop affordable housing if the municipality determines the zone is necessary to accomplish the purposes of this chapter.
(b)  A county may participate in a homestead preservation reinvestment zone established by a municipality under Subsection (a) by adopting a final order:
(1)  agreeing to the creation of the zone, the zone boundaries, and the zone termination date specified by the municipality under Section 373A.1521(1); and
(2)  specifying an amount of tax increment to be deposited by the county into the tax increment fund that is equal to the amount of the tax increment specified by the municipality under Section 373A.1521(3).
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1175, Sec. 17(1), eff. September 1, 2007.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1175, Sec. 17(1), eff. September 1, 2007.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1175, Sec. 17(1), eff. September 1, 2007.
(f)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1175, Sec. 17(1), eff. September 1, 2007.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 10, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 17(1), eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 711 (H.B. 3350), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter D. Homestead Preservation Reinvestment Zone › Section 373A.1521. Contents of Reinvestment Zone Ordinance

Sec. 373A.1521.  CONTENTS OF REINVESTMENT ZONE ORDINANCE.  The ordinance designating the homestead preservation zone must:
(1)  contain the information required under Sections 311.004(a)(1), (4), and (6), Tax Code;
(2)  assign a name to the zone for identification, with the first zone designated as "(Name of municipality) Homestead Preservation Reinvestment Zone Number One," and subsequently created zones assigned names in the same form numbered consecutively in the order of their designation;
(3)  specify the amount of tax increment to be deposited by the municipality into the tax increment fund; and
(4)  contain findings that the area is unproductive, underdeveloped, or blighted as provided by Section 1-g(b), Article VIII, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 11, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter D. Homestead Preservation Reinvestment Zone › Section 373A.1522. Effective Date of Zone

Sec. 373A.1522.  EFFECTIVE DATE OF ZONE.  The zone designated by the ordinance adopted under Section 373A.1521 takes effect on the date designated by the municipality in the ordinance adopted under Section 373A.1521.
Added by Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 11, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 711 (H.B. 3350), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter D. Homestead Preservation Reinvestment Zone › Section 373A.1541. Tax Increment Financing and Abatement

Sec. 373A.1541.  TAX INCREMENT FINANCING AND ABATEMENT.  Designation of an area as a homestead preservation reinvestment zone is also designation of the area as a reinvestment zone for tax increment financing under Chapter 311, Tax Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 12, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter D. Homestead Preservation Reinvestment Zone › Section 373A.155. Collection and Deposit of Tax Increments

Sec. 373A.155. COLLECTION AND DEPOSIT OF TAX INCREMENTS.  (a)  The municipality designating the zone and the county shall provide for the collection of its taxes on real property located in the zone as for any other property taxed by the municipality and the county.
(a-1)  The municipality shall pay into the tax increment fund an amount specified in the ordinance designating the zone.
(b)  If a county elects to participate in a homestead preservation reinvestment zone, the county shall pay into the tax increment fund for the zone an amount equal to the tax increment paid by the municipality as specified in the order adopted under Section 373A.152.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 13, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 711 (H.B. 3350), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter D. Homestead Preservation Reinvestment Zone › Section 373A.157. Administration and Use of Tax Increment Fund

Sec. 373A.157.  ADMINISTRATION AND USE OF TAX INCREMENT FUND.  (a)  The tax increment fund is administered by the governing body of the municipality in accordance with the project and reinvestment zone financing plans.  Revenue from the tax increment fund must be dedicated as provided by this section to the development, construction, and preservation of affordable housing in the zone by a political subdivision, a community housing development organization certified by the municipality, a trust created or designated by a political subdivision, or another entity as provided by this section.
(b)  All revenue from the tax increment fund must be expended to benefit families that have a yearly income at or below 70 percent of the area median family income, adjusted for family size.
(c)  At least 50 percent of the revenue from the tax increment fund expended annually must benefit families that have a yearly income at or below 50 percent of the area median family income, adjusted for family size.
(d)  At least 25 percent of the revenue from the tax increment fund expended annually must benefit families that have a yearly income at or below 30 percent of the area median family income, adjusted for family size.
(e)  The municipality must spend at least 80 percent of the revenue expended annually from the tax increment fund for project costs, including the purchase of real property, the construction or rehabilitation of affordable housing in the zone, and infrastructure improvements directly related to supporting the construction or rehabilitation of affordable housing in the zone.  The municipality may spend not more than 10 percent of the revenue expended annually from the tax increment fund for administration of the zone.
(f)  The municipality may provide not more than 10 percent of the revenue expended annually from the tax increment fund to designated land banks and community housing development organizations for the administration of housing-related activities in the zone.
(g)  All housing created or rehabilitated with revenue from the tax increment fund must have at least a 30-year affordability period.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 14, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter D. Homestead Preservation Reinvestment Zone › Section 373A.158. Annual Report

Sec. 373A.158.  ANNUAL REPORT.  (a)  If a county elects to participate in a homestead preservation reinvestment zone, the county is the only taxing unit entitled to receive the annual report prepared under Section 311.016(a), Tax Code.
(b)  The report must include:
(1)  the amount and source of revenue in the tax increment fund established for the zone;
(2)  the amount and purpose of expenditures from the fund and the income levels of the persons who benefited from the expenditures;
(3)  the number of parcels of property purchased, housing units rehabilitated, and housing units constructed and the income levels of the persons residing in the housing units;
(4)  the tax increment base and current captured appraised value retained by the zone;
(5)  the total amount of tax increments received; and
(6)  any additional information necessary to demonstrate good faith compliance with the provisions of this subchapter.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1175, Sec. 17(2), eff. September 1, 2007.
(d)  The municipality shall make the report available to the public on the municipality's official website.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 15, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1175 (H.B. 470), Sec. 17(2), eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 711 (H.B. 3350), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter E. Homestead Land Bank Program › Section 373A.201. Short Title

Sec. 373A.201.  SHORT TITLE.  This subchapter may be cited as the Homestead Land Bank Program Act.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter E. Homestead Land Bank Program › Section 373A.202. Applicability

Sec. 373A.202.  APPLICABILITY.  This subchapter applies only to a municipality that has designated a district under Section 373A.051.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter E. Homestead Land Bank Program › Section 373A.203. Definitions

Sec. 373A.203.  DEFINITIONS.  In this subchapter:
(1)  "Affordable" means that the monthly mortgage payment or contract rent does not exceed 30 percent of the applicable median family income for that unit size, in accordance with the income and rent limit rules adopted by the Texas Department of Housing and Community Affairs.
(2)  "Community housing development organization" or "organization" means an organization that:
(A)  meets the definition of a community housing development organization in 24 C.F.R. Section 92.2;
(B)  is certified by the municipality as a community housing development organization;
(C)  is governed exclusively by a board of at least five members unrelated by blood, marriage, or business interest; and
(D)  is not controlled, directly or indirectly, by any other party through any contract, arrangement, understanding, relationship, voting power, affiliation, trust, proxy, power of attorney, pooling arrangement, security, warrant, partnership, option, discretionary account, joint venture, interlocking directors, or other device, as evidenced by a notarized affidavit signed by each board member.
(3)  "Homestead land bank plan" or "plan" means a plan adopted by the governing body of a municipality as provided by Section 373A.206.
(4)  "Homestead land bank program" or "program" means a program adopted under Section 373A.204.
(5)  "Land bank" means an entity established or approved by the governing body of a municipality for the purpose of acquiring, holding, and transferring unimproved real property under this subchapter.
(6)  "Low income household" means a household with a gross income of not greater than 80 percent of the area median family income, adjusted for household size, for the metropolitan statistical area in which the municipality is located, as determined annually by the United States Department of Housing and Urban Development.
(7)  "Qualified participating developer" means a developer who meets the requirements of Section 373A.205 and includes a qualified organization under Section 373A.211.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter E. Homestead Land Bank Program › Section 373A.204. Homestead Land Bank Program

Sec. 373A.204.  HOMESTEAD LAND BANK PROGRAM.  (a)  The governing body of a municipality may adopt a homestead land bank program in which the officer charged with selling real property ordered sold pursuant to foreclosure of a tax lien may sell certain eligible real property by private sale for purposes of affordable housing development as provided by this subchapter.
(b)  The governing body of a municipality that adopts a homestead land bank program shall establish or approve a land bank for the purpose of acquiring, holding, and transferring unimproved real property under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter E. Homestead Land Bank Program › Section 373A.205. Qualified Participating Developer

Sec. 373A.205.  QUALIFIED PARTICIPATING DEVELOPER.  To qualify to participate in a homestead land bank program, a developer must:
(1)  have developed three or more housing units within the 10-year period preceding the submission of a proposal to the land bank seeking to acquire real property from the land bank;
(2)  have a development plan approved by the municipality for the land bank property; and
(3)  meet any other requirements adopted by the municipality in the homestead land bank plan.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter E. Homestead Land Bank Program › Section 373A.206. Homestead Land Bank Plan

Sec. 373A.206.  HOMESTEAD LAND BANK PLAN.  (a)  A municipality that adopts a homestead land bank program shall operate the program in conformance with a homestead land bank plan.
(b)  The governing body of a municipality that adopts a homestead land bank program shall adopt a plan annually. The plan may be amended from time to time.
(c)  In developing the plan, the municipality shall consider other housing plans adopted by the municipality, including the comprehensive plan submitted to the United States Department of Housing and Urban Development and all fair housing plans and policies adopted or agreed to by the municipality.
(d)  The plan must include the following:
(1)  a list of community housing development organizations eligible to participate in the right of first refusal provided by Section 373A.211;
(2)  a list of the parcels of real property that may become eligible for sale to the land bank during the upcoming year;
(3)  the municipality's plan for affordable housing development on those parcels of real property; and
(4)  the sources and amounts of funding anticipated to be available from the municipality for subsidies for development of affordable housing in the municipality, including any money specifically available for housing developed under the program, as approved by the governing body of the municipality at the time the plan is adopted.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter E. Homestead Land Bank Program › Section 373A.207. Public Hearing on Proposed Plan

Sec. 373A.207.  PUBLIC HEARING ON PROPOSED PLAN.  (a)  Before adopting a plan, a municipality shall hold a public hearing on the proposed plan.
(b)  The city manager or the city manager's designee shall provide notice of the hearing to all community housing development organizations and to neighborhood associations identified by the municipality as serving the neighborhoods in which properties anticipated to be available for sale to the land bank under this subchapter are located.
(c)  The city manager or the city manager's designee shall make copies of the proposed plan available to the public not later than the 60th day before the date of the public hearing.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter E. Homestead Land Bank Program › Section 373A.209. Subsequent Resale by Land Bank

Sec. 373A.209.  SUBSEQUENT RESALE BY LAND BANK.  (a)  Each subsequent resale of property acquired by a land bank under this subchapter must comply with the conditions of this section.
(b)  The land bank must sell a property to a qualified participating developer within the three-year period following the date of acquisition for the purpose of construction of affordable housing for sale or rent to low income households.  If after three years a qualified participating developer has not purchased the property, the property shall be transferred from the land bank to the taxing units who were parties to the judgment for disposition as otherwise allowed under the law.
(c)  Unless the municipality increases the amount in its plan, the number of properties acquired by a qualified participating developer under this section on which development has not been completed may not at any given time exceed three times the annual average residential production completed by the qualified participating developer during the preceding two-year period as determined by the municipality.
(d)  The deed conveying a property sold by the land bank must include a right of reverter so that if the qualified participating developer does not apply for a construction permit and close on any construction financing within the two-year period following the later of the date of the conveyance of the property from the land bank to the qualified participating developer or the expiration of the period specified by the municipality under Section 373A.211(d), the property will revert to the land bank for subsequent resale to another qualified participating developer or conveyance to the taxing units who were parties to the judgment for disposition as otherwise allowed under the law.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373A - Homestead Preservation Districts and Reinvestment Zones › Subchapter E. Homestead Land Bank Program › Section 373A.212. Open Records and Meetings

Sec. 373A.212.  OPEN RECORDS AND MEETINGS.  The land bank shall comply with the requirements of Chapters 551 and 552, Government Code.
Added by Acts 2005, 79th Leg., Ch. 495 (H.B. 525), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373B - Community Land Trusts › Section 373B.001. Definition

Sec. 373B.001.  DEFINITION.  In this chapter, "community housing development organization" has the meaning assigned by 42 U.S.C. Section 12704.
Added by Acts 2011, 82nd Leg., R.S., Ch. 383 (S.B. 402), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373B - Community Land Trusts › Section 373B.002. Creation or Designation

Sec. 373B.002.  CREATION OR DESIGNATION.  The governing body of a municipality or county by ordinance or order may create or designate one or more community land trusts, including a housing finance corporation established under Chapter 394 or a land trust operated by a community housing development organization certified by the municipality or county, to operate in the municipality or county.
Added by Acts 2011, 82nd Leg., R.S., Ch. 383 (S.B. 402), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373B - Community Land Trusts › Section 373B.003. Nature of Trust

Sec. 373B.003.  NATURE OF TRUST.  A community land trust created or designated under Section 373B.002 must be a nonprofit organization that is:
(1)  created to acquire and hold land for the benefit of developing and preserving long-term affordable housing in the municipality or county; and
(2)  organized as:
(A)  a nonprofit corporation that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c)(3) of that code;
(B)  a limited partnership of which a nonprofit corporation described by Paragraph (A) controls 100 percent of the general partner interest; or
(C)  a limited liability company for which a nonprofit corporation described by Paragraph (A) serves as the only member.
Added by Acts 2011, 82nd Leg., R.S., Ch. 383 (S.B. 402), Sec. 1, eff. January 1, 2012.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1020 (S.B. 113), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373B - Community Land Trusts › Section 373B.004. Purposes of Trust

Sec. 373B.004.  PURPOSES OF TRUST.  The purposes of a community land trust are to:
(1)  provide affordable housing for low-income and moderate-income residents in the community;
(2)  promote resident ownership of housing;
(3)  keep housing affordable for future residents; and
(4)  capture the value of public investment for long-term community benefit.
Added by Acts 2011, 82nd Leg., R.S., Ch. 383 (S.B. 402), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373B - Community Land Trusts › Section 373B.005. Ownership of Land and Housing Units

Sec. 373B.005.  OWNERSHIP OF LAND AND HOUSING UNITS.  A community land trust may retain title to land it acquires and may:
(1)  sell housing units located on the land and lease the land under ground leases with terms of at least 99 years; or
(2)  lease housing units located on the land.
Added by Acts 2011, 82nd Leg., R.S., Ch. 383 (S.B. 402), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373B - Community Land Trusts › Section 373B.006. Qualifications of Purchasers or Lessees of Housing Units

Sec. 373B.006.  QUALIFICATIONS OF PURCHASERS OR LESSEES OF HOUSING UNITS.  (a)  A community land trust may sell housing units only to families with a yearly income at the time of sale at or below 80 percent of the area median family income, adjusted for family size.
(b)  Notwithstanding Subsection (a), for housing units located on one or more tracts of land owned by the community land trust that constitute a contiguous geographic area or are located in the same platted subdivision, the trust may sell not more than 20 percent of the housing units to families with a yearly income at the time of sale that exceeds the amount provided by Subsection (a) but does not exceed 120 percent of the area median family income, adjusted for family size.
(c)  At least 25 percent of the housing units sold by the trust must be sold to families with a yearly income at the time of sale at or below 60 percent of the area median family income, adjusted for family size.
(d)  A community land trust may lease housing units only to families with a yearly income at the time of lease at or below 60 percent of the area median family income, adjusted for family size.
(e)  Notwithstanding Subsection (d), for housing units located on one or more tracts of land owned by the community land trust that constitute a contiguous geographic area or are located in the same platted subdivision, the trust may lease not more than 20 percent of the housing units to families with a yearly income at the time of lease that exceeds the amount provided by Subsection (d) but does not exceed 80 percent of the area median family income, adjusted for family size.
Added by Acts 2011, 82nd Leg., R.S., Ch. 383 (S.B. 402), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373B - Community Land Trusts › Section 373B.007. Relation to Other Law

Sec. 373B.007.  RELATION TO OTHER LAW.  This chapter does not preclude the creation of a land trust by a nonprofit organization, including a community housing development organization, under other statutory or common law or the operation of that land trust inside or outside a municipality or county that has created or designated a community land trust under Section 373B.002.
Added by Acts 2011, 82nd Leg., R.S., Ch. 383 (S.B. 402), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 373B - Community Land Trusts › Section 373B.008. Applicability of Chapter to Trust Operated by Housing Finance Corporation

Sec. 373B.008.  APPLICABILITY OF CHAPTER TO TRUST OPERATED BY HOUSING FINANCE CORPORATION.  Section 373B.003 does not apply to a community land trust operated in the municipality or county by a housing finance corporation established under Chapter 394.
Added by Acts 2011, 82nd Leg., R.S., Ch. 383 (S.B. 402), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 374 - Urban Renewal in Municipalities › Subchapter A. General Provisions › Section 374.001. Short Title

Sec. 374.001.  SHORT TITLE.  This chapter may be cited as the Texas Urban Renewal Law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 374 - Urban Renewal in Municipalities › Subchapter A. General Provisions › Section 374.002. Legislative Findings; Intent

Sec. 374.002.  LEGISLATIVE FINDINGS;  INTENT.  (a)  The legislature finds that slum and blighted areas exist in municipalities in this state and that those areas:
(1)  are a serious and growing menace that is injurious and inimical to the public health, safety, morals, and welfare of the residents of this state;
(2)  contribute substantially and increasingly to the spread of disease and crime, requiring excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, and for crime prevention, correctional facilities, prosecution and punishment, treatment of juvenile delinquency, and the maintenance of adequate police, fire, and accident protection and other public services and facilities;  and
(3)  constitute an economic and social liability, substantially impair the sound growth of affected municipalities, and retard the provision of housing accommodations.
(b)  For these reasons, prevention and elimination of slum and blighted areas are matters of state policy and concern that may be best addressed by the combined action of private enterprise, municipal regulation, and other public action through approved urban renewal plans.  The legislature further finds that the repair and rehabilitation of buildings and other improvements in affected areas, public acquisition of real property, demolition of buildings and other improvements as necessary to eliminate slum or blight conditions or to prevent the spread of those conditions, the disposition of property acquired in affected areas and incidental to the purposes stated by this subsection, and other public assistance to eliminate those conditions are public purposes for which public money may be spent and the power of eminent domain exercised.
(c)  It is the intent of the legislature that private enterprise be encouraged to participate in accomplishing the objectives of urban renewal to the extent of its capacity and with governmental assistance as provided by this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 374 - Urban Renewal in Municipalities › Subchapter B. Municipal Powers and Duties Relating to Urban Renewal › Section 374.011. Resolution; Election

Sec. 374.011.  RESOLUTION;  ELECTION.  (a)  Except as provided by Section 374.012, a municipality may not exercise a power granted under this chapter unless:
(1)  the governing body of the municipality adopts a resolution that finds that a slum area or blighted area exists in the municipality and that the rehabilitation, the conservation, or the slum clearance and redevelopment of the area is necessary for the public health, safety, morals, or welfare of the residents of the municipality;  and
(2)  a majority of the municipality's voters voting in an election held as provided by Subsection (b) favor adoption of the resolution.
(b)  Before adopting the resolution, the governing body must give notice of the proposed resolution and must hold an election on the question.  The notice must be published at least twice in the newspaper officially designated by the governing body and must state that, on a date that is specified in the notice and that is after the 60th day after the date the notice is first published, the governing body will consider the question of holding an election to determine whether it should adopt the resolution.  On the date specified in the notice to consider the question, the governing body may order an election on its own motion to consider the resolution.  The governing body shall order an election on the question if it receives a petition during the notice period that is signed by at least five percent of the qualified voters of the municipality who own taxable real property included on the tax rolls of the municipality.  If the governing body determines that it is necessary to order an election, it shall give at least 30 days' notice of the election.
(c)  If a majority of the voters voting in the election are against the resolution, the governing body may not adopt it and may not propose the resolution again for a one-year period.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 374 - Urban Renewal in Municipalities › Subchapter B. Municipal Powers and Duties Relating to Urban Renewal › Section 374.012. Alternate Approval Process for Certain Projects

Sec. 374.012.  ALTERNATE APPROVAL PROCESS FOR CERTAIN PROJECTS.  (a)  A municipality that did not approve the exercise of urban renewal powers under Section 374.011 before April 27, 1973, may approve the exercise of those powers for a specific urban renewal project in the alternative manner provided by this section.
(b)  The governing body of the municipality must order and hold an election in the manner provided by Section 374.011.
(c)  The resolution ordering the election and the notice of the election must contain:
(1)  a complete legal description of the area included in the proposed project;
(2)  a statement of the nature of the proposed project;  and
(3)  a statement of the total amount of local funds to be spent on the proposed project.
(d)  The ballot proposition at the election need not contain a complete legal description of the area included in the project, but the proposition must contain a general description of the area that is sufficient to give notice to the voters of the location of the proposed project.  The proposition must also contain a statement of the nature of the proposed project and the total amount of local funds to be spent on the project.
(e)  If the ballot proposition is approved, the municipality may not exceed the limitations imposed on the project in the resolution ordering the election with respect to the area, nature, or amount of local funds spent on the project.  If the municipality desires to expand the project beyond those limitations, the proposed expansion must be approved at an election in the manner provided for the original project.
(f)  Voter approval is not required for preliminary planning of an urban renewal project.
(g)  This section does not require further elections, resolutions, or actions of a municipality that has exercised urban renewal powers under this chapter as of April 27, 1973.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 374 - Urban Renewal in Municipalities › Subchapter B. Municipal Powers and Duties Relating to Urban Renewal › Section 374.013. Use of Public or Private Resources

Sec. 374.013.  USE OF PUBLIC OR PRIVATE RESOURCES.  (a)  To further the urban renewal objectives of this chapter, a municipality may formulate a workable program to use appropriate private and public resources, including the resources specified by Subsection (b), to encourage urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake those activities or other feasible municipal activities as may be suitably employed to achieve the objective of the program.  The program must specifically include provisions relating to:
(1)  prevention, through diligent enforcement of housing and occupancy controls and standards, of the expansion of blight into areas of the municipality that are free from blight;  and
(2)  rehabilitation or conservation of slum and blighted areas as far as practicable to areas that are free from blight through replanning, removing congestion, providing parks, playgrounds, and other public improvements, encouraging voluntary rehabilitation and requiring the repair and rehabilitation of deteriorated or deteriorating structures, and the clearance and redevelopment of slum areas.
(b)  Each municipality, to the greatest extent determined to be feasible, shall afford the maximum opportunity, consistent with the needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.  A municipality shall consider this objective in exercising powers under this chapter, including:
(1)  formulation of a workable program for urban renewal under Subsection (a);
(2)  approval of urban renewal plans consistent with the general plan of the municipality;
(3)  exercise of zoning power;
(4)  enforcement of other laws, codes, and regulations relating to land use, use and occupancy of buildings and improvements, and the disposition of any property acquired;  and
(5)  provision of necessary public improvements.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 374 - Urban Renewal in Municipalities › Subchapter B. Municipal Powers and Duties Relating to Urban Renewal › Section 374.016. Slum Clearance

Sec. 374.016.  SLUM CLEARANCE.  (a)  In this section, "slum clearance and redevelopment section" means any substantial contiguous part of an urban renewal area that a municipality proposes to acquire and clear of all buildings, structures, and other improvements for redevelopment and reuse in accordance with the urban renewal plan.
(b)  If an urban renewal project includes a slum clearance and redevelopment section that the municipality proposes to use for other than public use, the municipality may not use condemnation to acquire that property unless the municipality determines by resolution that the rehabilitation of that property without clearance would be impractical and ineffective.  That determination must be based on a finding that at least 50 percent of the structures in the section are dilapidated beyond the point of feasible rehabilitation or are otherwise unfit for rehabilitation, and that there exist other blighting characteristics, such as overcrowding of structures on the land, mixed uses of structures, deficient streets, or deficiencies in public utilities or recreational and community facilities.  A municipality may exercise eminent domain authority as provided by Chapter 21, Property Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 374 - Urban Renewal in Municipalities › Subchapter C. Urban Renewal Agency › Section 374.021. Exercise of Urban Renewal Project Powers

Sec. 374.021.  EXERCISE OF URBAN RENEWAL PROJECT POWERS.  (a)  A municipality may exercise urban renewal project powers through a board or through municipal officers selected by the governing body of the municipality by resolution.  The municipality may exercise those powers through an urban renewal agency created under this subchapter if the governing body by resolution determines that the creation of an urban renewal agency is in the public interest.  An urban renewal agency created under this subchapter may exercise all the urban renewal project powers of the municipality.
(b)  In this section, "urban renewal project powers" includes the rights, powers, functions, and duties of a municipality under this chapter.  The term does not include the power to:
(1)  determine an area as a slum area, blighted area, or both and to designate that area as appropriate for an urban renewal project;
(2)  approve and amend urban renewal plans and hold public hearings relating to those plans;
(3)  establish a general plan for the locality as a whole;
(4)  establish a workable program under Section 374.013;
(5)  make determinations and findings under Section 374.011(a), 374.013(b), or 374.014(d);
(6)  issue general obligation bonds;  and
(7)  appropriate funds, levy taxes and assessments, and exercise other functions under Subdivisions (11) and (12) of Section 374.015(a).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 374 - Urban Renewal in Municipalities › Subchapter C. Urban Renewal Agency › Section 374.022. Creation of Urban Renewal Agency

Sec. 374.022.  CREATION OF URBAN RENEWAL AGENCY.  (a)  An urban renewal agency created in a municipality is a public body corporate and politic.
(b)  An urban renewal agency may not transact business or exercise any powers under this chapter until the governing body of the municipality:
(1)  adopts a resolution as provided by Section 374.011;  and
(2)  elects to exercise urban renewal project power through an urban renewal agency as provided by Section 374.021(a).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 374 - Urban Renewal in Municipalities › Subchapter C. Urban Renewal Agency › Section 374.023. Board of Commissioners

Sec. 374.023.  BOARD OF COMMISSIONERS.  (a)  If an urban renewal agency is created by a municipality, the mayor of the municipality, with the advice and consent of the governing body of the municipality, shall appoint a board of commissioners for the urban renewal agency.
(b)  The board must be composed of at least five but not more than nine members.  A member serves a two-year term.  The commissioners shall designate one member to serve as chairman and one to serve as vice-chairman for one-year terms.  A member of the board must be a resident of the municipality and a real property owner.  The number of commissioners shall be determined by the governing body at the time of the appointment of the commissioners and may not be changed more than once every two years.  At the time of the initial appointments, a simple majority of the commissioners shall be designated to serve for a one-year term and the remaining members for two-year terms.  If a vacancy occurs, the governing body shall fill the vacancy for the unexpired term in the same manner as the initial appointment.
(c)  A commissioner serves without compensation but is entitled to necessary expenses incurred in the performance of official duties, including travel expenses.
(d)  A certificate of appointment, which is conclusive evidence of the proper appointment of each commissioner, must be filed with the clerk of the municipality.
(e)  If the board is composed of five, seven, or nine members, any action by the board, to be valid, must be adopted or rejected by a majority of the total number of the commissioners.
(f)  The governing body may remove a commissioner for inefficiency, neglect of duty, or misconduct in office after notice of the charges and a hearing.  The commissioner must receive a copy of the charges before the 10th day before the date of the hearing and must have the opportunity to be heard either in person or by counsel.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.