Legislation Details

File #: 26-6744    Version: 1 Name:
Type: Policy Status: Agenda Ready
File created: 10/1/2026 In control: Commissioners Court
On agenda: 10/15/2026 Final action:
Title: Request for approval of the Harris County Public Facility Corporation (HCPFC) right of first refusal authority, requiring all proposed Public Facility Corporation transactions that occur within unincorporated Harris County, except for those from the HCPFC, to first obtain approval by the HCPFC prior to consideration by Harris County Commissioners Court.
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Primary Department: Housing and Community Development

Primary Department Head/Elected Official: Thao Costis

 

Secondary Department: N/A

Secondary Department Head/Elected Official: N/A

 

Regular or Supplemental RCA: Regular RCA

Type of Request: Policy

 

Project ID (if applicable): N/A

Vendor/Entity Legal Name (if applicable): N/A

 

MWBE Contracted Goal (if applicable): N/A

MWBE Current Participation (if applicable): N/A

Justification for 0% MWBE Participation Goal:  N/A - Goal not applicable to request

 

Grant Indirect Costs Rate (if applicable): N/A

Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item

 

Request Summary (Agenda Caption):

title

Request for approval of the Harris County Public Facility Corporation (HCPFC) right of first refusal authority, requiring all proposed Public Facility Corporation transactions that occur within unincorporated Harris County, except for those from the HCPFC, to first obtain approval by the HCPFC prior to consideration by Harris County Commissioners Court. 

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Background and Discussion:

The Harris County Public Facility Corporation ("HCPFC") was created by Commissioners Court on November 13, 2025, pursuant to Chapter 303 of the Texas Local Government Code for the purpose of incentivizing the creation and provision of affordable housing in line with the County’s Strategic Plan.

 

The HCPFC is authorized to participate in Public Facility Corporation ("PFC") transactions for the development of affordable and workforce housing within Harris County. This item seeks to create a right of first refusal policy, requiring any PFC other than the HCPFC seeking to undertake a PFC transaction within unincorporated Harris County to first obtain approval from Harris County Public Facility Corporation.

 

The Harris County Commissioners Court desires to ensure that such transactions occurring in unincorporated areas of the County are reviewed first by the HCPFC, which is the PFC it created and overseen by Harris County.

 

The establishment of a right of first refusal in favor of the HCPFC will promote consistency in PFC transactions, enhance transparency, and ensure accountability in the review and negotiation of such deals within unincorporated Harris County.

 

The HCPFC passed a motion in support of this item on July 30, 2026.

 

Expected Impact:

No fiscal impact.

 

Alternative Options:

Commissioners Court could choose to allow other PFC’s in unincorporated Harris County to bring items to Commissioners Court directly without review or approval by the HCPFC, but this would diminish benefits of the HCPFC’s ability to implement Harris County’s housing strategic priorities and actions.

 

County Strategic Plan Goal:  6. Help residents achieve housing stability.

County Strategic Plan Objective: U: Build and preserve affordable housing, particularly for low-income families.

Justice/Safety Initiative (Goal 1):  Choose an item.

Infrastructure Initiative (Goal 2):  Choose an item.

Economy Initiative (Goal 3): Choose an item.

Health Initiative (Goal 4): Choose an item.

Climate/Resilience Initiative (Goal 5): Choose an item.

Housing Initiative (Goal 6): Choose an item.

 

Additional notes related to the Strategic Plan: N/A

 

Prior Court Action (if any):

Date

Agenda Item #

Action Taken

6/26/25

94

Discussion only, regarding: recommendations for Harris County usage of Public Facility Corporations (PFC) for the purposes of creating and preserving affordable housing.

2/6/25

270

Discussion only, regarding: the development of guidelines and recommendations for the usage and approval of PFCs for the purposes of developing affordable housing.

11/13/2025

107

Approval to form the HCPFC and to create bylaws

 

Location:

Address (if applicable): N/A

Precinct(s): Countywide

 

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County Attorney’s Office Legal Review (for Harris County Code Items only)

CAO Reviewer Name and Title

 

CAO Review Completion Date

Click or tap to enter a date.

 

Anticipated Court Date: 10/15/2026

 

Anticipated Implementation Date (if different from Court date): Click or tap to enter a date.

 

Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item

 

Contact(s) name, title, department: Tory Gunsolley, Chief Program Officer, Housing and Community Development

 

Attachments (if applicable): Court Order