Texas 2009 - 81st Regular

Texas House Bill HB2888 Compare Versions

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1	1	H.B. No. 2888
2	2
3	3
4	4	AN ACT
5	5	relating to financial assistance administered by the Texas
6	6	Department of Housing and Community Affairs.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 2306, Government Code, is amended by
9	9	adding Subchapter NN to read as follows:
10	10	SUBCHAPTER NN. VOLUNTEER INCOME TAX ASSISTANCE (VITA) GRANT
11	11	PROGRAM
12	12	Sec. 2306.1091. DEFINITION. In this subchapter, "volunteer
13	13	income tax assistance program" means a program operated through a
14	14	collaboration of the Internal Revenue Service and another entity
15	15	under which taxpayers eligible for the Free File program receive
16	16	free assistance in preparing federal income tax returns.
17	17	Sec. 2306.1092. ESTABLISHMENT OF VOLUNTEER INCOME TAX
18	18	ASSISTANCE (VITA) GRANT PROGRAM. The department shall establish a
19	19	volunteer income tax assistance grant program through which the
20	20	department will award grants each year to support the
21	21	implementation and operation of volunteer income tax assistance
22	22	programs.
23	23	Sec. 2306.1093. ADMINISTRATION OF GRANT PROGRAM. In the
24	24	year preceding the federal income tax filing season in which grant
25	25	recipients will operate volunteer income tax assistance programs,
26	26	the department shall issue a request for proposals to participate
27	27	in the grant program, select and notify grant recipients, and, on or
28	28	before November 1, distribute grant program money.
29	29	Sec. 2306.1094. ELIGIBILITY. To be eligible for a grant, an
30	30	applicant must be located in this state and be:
31	31	(1) a nonprofit educational institution, a nonprofit
32	32	faith-based or community-based organization, or any other
33	33	nonprofit organization;
34	34	(2) a political subdivision of this state, including a
35	35	county or municipality; or
36	36	(3) a regional or local coalition that has at least one
37	37	lead organization that meets the criteria specified by Subdivision
38	38	(1) or (2).
39	39	Sec. 2306.1095. PERFORMANCE AGREEMENT AND REPORT. Each
40	40	grant recipient shall enter into an agreement with the department
41	41	with respect to the use of the grant program money and submit a
42	42	performance report to the department.
43	43	Sec. 2306.1096. GRANT PROGRAM FUNDING. (a) To the extent
44	44	authorized by federal law and subject to the availability of money
45	45	for this purpose, the department may distribute as grants
46	46	authorized by this subchapter not more than 0.25 percent of the
47	47	money received by this state during each state fiscal biennium
48	48	under the federal Temporary Assistance for Needy Families block
49	49	grant.
50	50	(b) The comptroller may transfer money received under the
51	51	federal Temporary Assistance for Needy Families block grant from
52	52	the Health and Human Services Commission and the Texas Workforce
53	53	Commission to the department as necessary to implement this
54	54	section.
55	55	(c) In addition to money described by Subsection (a), the
56	56	department may distribute as grants authorized by this subchapter
57	57	money received under the community services block grant program and
58	58	other money that is appropriated for that purpose or designated by
59	59	the department and otherwise available for that purpose.
60	60	Sec. 2306.1097. RULES. The board shall adopt rules as
61	61	necessary to implement this subchapter, including rules providing
62	62	for a grant application process and for appropriate restrictions on
63	63	how the grant program money may be used.
64	64	SECTION 2. Section 2306.111, Government Code, is amended by
65	65	adding Subsection (k) to read as follows:
66	66	(k) The department by rule shall:
67	67	(1) adopt policies to ensure that each housing
68	68	development that receives financial assistance administered by the
69	69	department, including financial assistance from the proceeds of
70	70	bonds issued by the department:
71	71	(A) reserves a certain number of units in the
72	72	development for individuals and families of very low income, to the
73	73	extent that the reservation does not conflict with any requirements
74	74	for the development under 26 U.S.C. Section 42; and
75	75	(B) except as otherwise permitted by law, accepts
76	76	as tenants individuals and families receiving rental assistance
77	77	under Section 8, United States Housing Act of 1937 (42 U.S.C.
78	78	Section 1437f), or some other form of rental assistance from a
79	79	political subdivision of this state or from the state or federal
80	80	government; and
81	81	(2) establish enforcement mechanisms with respect to
82	82	those housing developments that refuse to admit individuals and
83	83	families as described by Subdivision (1)(B).
84	84	SECTION 3. If before implementing any provision of this Act
85	85	a state agency determines that a waiver or authorization from a
86	86	federal agency is necessary for implementation of that provision,
87	87	the agency affected by the provision shall request the waiver or
88	88	authorization and may delay implementing that provision until the
89	89	waiver or authorization is granted.
90	90	SECTION 4. (a) The change in law made by this Act in adding
91	91	Section 2306.111(k), Government Code, applies only to an
92	92	application for financial assistance that is submitted by a housing
93	93	development to the Texas Department of Housing and Community
94	94	Affairs on or after January 1, 2010. An application for financial
95	95	assistance that is submitted by a housing development to the
96	96	department before January 1, 2010, is governed by the law in effect
97	97	when the application was submitted, and the former law is continued
98	98	in effect for that purpose.
99	99	(b) Not later than December 1, 2009, the Texas Department of
100	100	Housing and Community Affairs shall adopt the rules required by
101	101	Section 2306.111(k), Government Code, as added by this Act.
102	102	SECTION 5. This Act takes effect September 1, 2009.
103	103	______________________________ ______________________________
104	104	President of the Senate Speaker of the House
105	105	I certify that H.B. No. 2888 was passed by the House on May 7,
106	106	2009, by the following vote: Yeas 143, Nays 3, 1 present, not
107	107	voting; that the House refused to concur in Senate amendments to
108	108	H.B. No. 2888 on May 29, 2009, and requested the appointment of a
109	109	conference committee to consider the differences between the two
110	110	houses; and that the House adopted the conference committee report
111	111	on H.B. No. 2888 on May 31, 2009, by the following vote: Yeas 83,
112	112	Nays 60, 1 present, not voting.
113	113	______________________________
114	114	Chief Clerk of the House
115	115	I certify that H.B. No. 2888 was passed by the Senate, with
116	116	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
117	117	0; at the request of the House, the Senate appointed a conference
118	118	committee to consider the differences between the two houses; and
119	119	that the Senate adopted the conference committee report on H.B. No.
120	120	2888 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
121	121	______________________________
122	122	Secretary of the Senate
123	123	APPROVED: __________________
124	124	Date
125	125	__________________
126	126	Governor