By: Martinez (Senate Sponsor - West) H.B. No. 2888
(In the Senate - Received from the House May 8, 2009;
May 8, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2009, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 4,
Nays 0; May 22, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2888 By: West
A BILL TO BE ENTITLED
AN ACT
relating to financial assistance administered by the Texas
Department of Housing and Community Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2306, Government Code, is amended by
adding Subchapter NN to read as follows:
SUBCHAPTER NN. VOLUNTEER INCOME TAX ASSISTANCE (VITA) GRANT
PROGRAM
Sec. 2306.1091. DEFINITION. In this subchapter, "volunteer
income tax assistance program" means a program operated through a
collaboration of the Internal Revenue Service and another entity
under which taxpayers eligible for the Free File program receive
free assistance in preparing federal income tax returns.
Sec. 2306.1092. ESTABLISHMENT OF VOLUNTEER INCOME TAX
ASSISTANCE (VITA) GRANT PROGRAM. The department shall establish a
volunteer income tax assistance grant program through which the
department will award grants each year to support the
implementation and operation of volunteer income tax assistance
programs.
Sec. 2306.1093. ADMINISTRATION OF GRANT PROGRAM. In the
year preceding the federal income tax filing season in which grant
recipients will operate volunteer income tax assistance programs,
the department shall issue a request for proposals to participate
in the grant program, select and notify grant recipients, and, on or
before November 1, distribute grant program money.
Sec. 2306.1094. ELIGIBILITY. To be eligible for a grant, an
applicant must be located in this state and be:
(1) a nonprofit educational institution, a nonprofit
faith-based or community-based organization, or any other
nonprofit organization;
(2) a political subdivision of this state, including a
county or municipality; or
(3) a regional or local coalition that has at least one
lead organization that meets the criteria specified by Subdivision
(1) or (2).
Sec. 2306.1095. PERFORMANCE AGREEMENT AND REPORT. Each
grant recipient shall enter into an agreement with the department
with respect to the use of the grant program money and submit a
performance report to the department.
Sec. 2306.1096. GRANT PROGRAM FUNDING. (a) To the extent
authorized by federal law and subject to appropriation for this
purpose, the department shall distribute as grants authorized by
this subchapter at least 0.25 percent of the funds received by this
state during each state fiscal biennium under the federal Temporary
Assistance for Needy Families block grant.
(b) The comptroller shall transfer funds received under the
federal Temporary Assistance for Needy Families block grant from
the Health and Human Services Commission to the department as
necessary to implement this section.
(c) In addition to funds described by Subsection (a), the
department shall distribute as grants authorized by this subchapter
other money that is appropriated for that purpose or designated by
the department and otherwise available for that purpose.
Sec. 2306.1097. RULES. The board shall adopt rules as
necessary to implement this subchapter, including rules providing
for a grant application process and for appropriate restrictions on
how the grant program money may be used.
SECTION 2. Section 2306.111, Government Code, is amended by
adding Subsection (k) to read as follows:
(k) The department by rule shall:
(1) adopt policies to ensure that each housing
development that receives financial assistance administered by the
department, including financial assistance from the proceeds of
bonds issued by the department:
(A) reserves a certain number of units in the
development for individuals and families of very low income, to the
extent that the reservation does not conflict with any requirements
for the development under 26 U.S.C. Section 42; and
(B) except as otherwise permitted by law, accepts
as tenants individuals and families receiving rental assistance
under Section 8, United States Housing Act of 1937 (42 U.S.C.
Section 1437f), or some other form of rental assistance from a
political subdivision of this state or from the state or federal
government; and
(2) establish enforcement mechanisms with respect to
those housing developments that refuse to admit individuals and
families as described by Subdivision (1)(B).
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 4. (a) The change in law made by this Act in adding
Section 2306.111(k), Government Code, applies only to an
application for financial assistance that is submitted by a housing
development to the Texas Department of Housing and Community
Affairs on or after January 1, 2010. An application for financial
assistance that is submitted by a housing development to the
department before January 1, 2010, is governed by the law in effect
when the application was submitted, and the former law is continued
in effect for that purpose.
(b) Not later than December 1, 2009, the Texas Department of
Housing and Community Affairs shall adopt the rules required by
Section 2306.111(k), Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2009.
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