Texas 2009 - 81st Regular

Texas House Bill HB2450 Compare Versions

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1	1	H.B. No. 2450
2	2
3	3
4	4	AN ACT
5	5	relating to the administration of programs by the Texas Department
6	6	of Housing and Community Affairs in response to or in preparation
7	7	for a natural disaster.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter H, Chapter 2306, Government Code, is
10	10	amended by adding Section 2306.188 to read as follows:
11	11	Sec. 2306.188. ESTABLISHING HOME OWNERSHIP IN DISASTER
12	12	AREA. (a) An applicant for federally provided financial
13	13	assistance administered by the department to repair or rebuild a
14	14	home damaged by a natural disaster may establish ownership of the
15	15	home through nontraditional documentation of title. The department
16	16	shall process an application for that assistance as if the
17	17	applicant is the record title holder of the affected real property
18	18	if the applicant provides to the department:
19	19	(1) on a form prescribed by the department, an
20	20	affidavit summarizing the basis on which the applicant claims to be
21	21	the holder of record title or, if applicable, a successor in
22	22	interest to the holder of record title and stating that:
23	23	(A) there is no other person entitled to claim
24	24	any ownership interest in the property; or
25	25	(B) each person who may be entitled to claim an
26	26	ownership interest in the property has given consent to the
27	27	application or cannot be located after a reasonable effort; and
28	28	(2) other documentation, including tax receipts,
29	29	utility bills, or evidence of insurance for the home, that
30	30	indicates that the applicant exercised ownership over the property
31	31	at the time of the natural disaster.
32	32	(b) This section does not establish record ownership or
33	33	otherwise alter legal ownership of real property.
34	34	(c) The department is not liable to any claimed owner of an
35	35	interest in real property for administering financial assistance as
36	36	permitted by this section.
37	37	SECTION 2. Chapter 2306, Government Code, is amended by
38	38	adding Subchapter X-2 to read as follows:
39	39	SUBCHAPTER X-2. NATURAL DISASTER HOUSING RECONSTRUCTION
40	40	INITIATIVE
41	41	Sec. 2306.541. NATURAL DISASTER HOUSING RECONSTRUCTION
42	42	ADVISORY COMMITTEE. (a) The director shall appoint a natural
43	43	disaster housing reconstruction advisory committee composed of
44	44	representatives from appropriate local, state, and federal
45	45	entities and organizations and nonprofit organizations.
46	46	(b) The advisory committee shall develop a natural disaster
47	47	housing reconstruction plan. In developing this plan, the advisory
48	48	committee shall:
49	49	(1) evaluate existing systems of providing temporary
50	50	housing to victims of natural disasters and develop alternative
51	51	systems to increase efficiency and cost-effectiveness;
52	52	(2) evaluate existing models for providing permanent
53	53	replacement housing to victims of natural disasters;
54	54	(3) design alternatives to existing models to improve
55	55	the sustainability, affordability, desirability, and quality of
56	56	housing rebuilt in the event of future natural disasters;
57	57	(4) evaluate economic circumstances of elderly,
58	58	disabled, and low-income victims of natural disasters and develop
59	59	models for providing affordable replacement housing;
60	60	(5) recommend programs for the rapid and efficient
61	61	large-scale production of temporary and permanent replacement
62	62	housing following a natural disaster; and
63	63	(6) encourage the participation, coordination, and
64	64	involvement of appropriate federal organizations.
65	65	(c) Chapter 2110 does not apply to the advisory committee.
66	66	Sec. 2306.542. HOUSING RECONSTRUCTION DEMONSTRATION PILOT
67	67	PROGRAM. (a) Using the natural disaster housing reconstruction
68	68	plan developed under this subchapter, the director and advisory
69	69	committee shall develop, for implementation under Subsections (b)
70	70	and (c), housing reconstruction demonstration pilot programs for
71	71	three areas, each of which was affected by one of the three most
72	72	recent federally declared natural disasters. The pilot programs
73	73	must provide for the replacement of at least 20 houses in each area
74	74	to test the feasibility of implementing the plan in the large-scale
75	75	production of replacement housing for victims of federally declared
76	76	natural disasters.
77	77	(b) The department shall provide to an interested council of
78	78	government, county, or local government eligible for funding for
79	79	disaster recovery under the community development block grant
80	80	program:
81	81	(1) information regarding a pilot program developed
82	82	under Subsection (a); and
83	83	(2) assistance in implementing a pilot program
84	84	developed under Subsection (a).
85	85	(c) At the discretion of the board, the department may
86	86	implement a pilot program in any of the three most recently
87	87	federally declared disaster areas in which a pilot program has not
88	88	been implemented by a council of government, county, or local
89	89	government. The department may use any available funds to
90	90	implement the pilot program.
91	91	SECTION 3. The purpose of this Act in adding Subchapter X-2,
92	92	Chapter 2306, Government Code, is to encourage the development of a
93	93	model plan for future reconstruction efforts to increase the
94	94	effective and efficient delivery of natural disaster housing
95	95	recovery services by state agencies. This Act is not meant to delay
96	96	or otherwise interfere with ongoing reconstruction efforts.
97	97	SECTION 4. (a) Not later than January 1, 2010, the
98	98	executive director of the Texas Department of Housing and Community
99	99	Affairs shall submit the natural disaster housing reconstruction
100	100	plan developed under Subsection (b), Section 2306.541, Government
101	101	Code, as added by this Act, to the governing board of the Texas
102	102	Department of Housing and Community Affairs.
103	103	(b) Not later than March 1, 2010, the executive director of
104	104	the Texas Department of Housing and Community Affairs shall provide
105	105	housing reconstruction demonstration pilot program information to
106	106	an interested council of government, county, or local government
107	107	eligible for funding for disaster recovery under the community
108	108	development block grant program.
109	109	SECTION 5. This Act takes effect September 1, 2009.
110	110	______________________________ ______________________________
111	111	President of the Senate Speaker of the House
112	112	I certify that H.B. No. 2450 was passed by the House on April
113	113	28, 2009, by the following vote: Yeas 148, Nays 1, 1 present, not
114	114	voting; and that the House concurred in Senate amendments to H.B.
115	115	No. 2450 on May 29, 2009, by the following vote: Yeas 145, Nays 0,
116	116	2 present, not voting.
117	117	______________________________
118	118	Chief Clerk of the House
119	119	I certify that H.B. No. 2450 was passed by the Senate, with
120	120	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
121	121	0.
122	122	______________________________
123	123	Secretary of the Senate
124	124	APPROVED: __________________
125	125	Date
126	126	__________________
127	127	Governor