81R9196 JAM-D
By: Eiland H.B. No. 2450
A BILL TO BE ENTITLED
AN ACT
relating to a determination of home ownership by the Texas
Department of Housing and Community Affairs following a disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 2306, Government Code, is
amended by adding Section 2306.188 to read as follows:
Sec. 2306.188. ESTABLISHING HOME OWNERSHIP IN DISASTER
AREA. (a) The department may adopt rules to allow applicants for
department assistance with respect to a home located in an area
declared to be a disaster under Section 418.014 to establish
ownership of the home through nontraditional documentation of
title, such as an affidavit of heirship, tax receipts, electric
bills, or evidence of insurance for the home.
(b) Any rules adopted under this section must include
standards for documentation that are designed to ensure that
department assistance is provided only to an applicant who is a
record title holder of the home and who was in possession of the
home on the date that the disaster was declared. The rules may not,
as a condition for the receipt of that assistance, require the
applicant to establish clear title through the use of a private
entity that researches title and guarantees clear title.
SECTION 2. The Texas Department of Housing and Community
Affairs shall adopt the rules required by Section 2306.188,
Government Code, as added by this Act, not later than October 1,
2009.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.