Texas 2009 - 81st Regular

Texas House Bill HB3161 Compare Versions

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1	1	81R28550 JAM-D
2	2	By: Davis of Dallas H.B. No. 3161
3	3	Substitute the following for H.B. No. 3161:
4	4	By: Pierson C.S.H.B. No. 3161
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration of the Texas Department of Housing
10	10	and Community Affairs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 2306, Government Code, is
13	13	amended by adding Section 2306.058 to read as follows:
14	14	Sec. 2306.058. TRANSITION PLAN FOR CERTAIN POWERS, DUTIES,
15	15	AND PROGRAMS; RULES. (a) The director by rule shall adopt a
16	16	transition plan for the department's assumption of the former
17	17	powers and duties of the Texas State Affordable Housing Corporation
18	18	under Section 2306.551. The transition plan must:
19	19	(1) include a timetable with specific steps and
20	20	deadlines needed to fully complete the transfer; and
21	21	(2) ensure that the transfer is fully implemented not
22	22	later than January 1, 2010.
23	23	(b) The director may adopt rules necessary to improve the
24	24	efficiency or effectiveness of any program that is transferred to
25	25	the department as a result of the department's assumption of the
26	26	former powers and duties of the Texas State Affordable Housing
27	27	Corporation under Section 2306.551, including rules that provide
28	28	for consolidating the operation of programs already administered by
29	29	the department and a program or programs that are transferred to the
30	30	department from the Texas State Affordable Housing Corporation.
31	31	SECTION 2. Subchapter D, Chapter 2306, Government Code, is
32	32	amended by adding Section 2306.0725 to read as follows:
33	33	Sec. 2306.0725. STUDY OF EFFECTIVENESS OF STATE LOW INCOME
34	34	HOUSING PLAN. (a) The department shall conduct a study regarding
35	35	the effectiveness of the annual state low income housing plan under
36	36	Section 2306.0721 in efficiently allocating all available housing
37	37	resources and reducing or eliminating redundant allocations of
38	38	housing resources.
39	39	(b) The study must examine and provide recommendations
40	40	regarding strategies for increasing the efficiency of the state low
41	41	income housing plan.
42	42	(c) Not later than December 1, 2010, the department shall
43	43	submit a report regarding the results of the study to the
44	44	legislature.
45	45	(d) This section expires September 2, 2011.
46	46	SECTION 3. Subchapter Y, Chapter 2306, Government Code, is
47	47	amended by amending Section 2306.551 and adding Section 2306.5511
48	48	to read as follows:
49	49	Sec. 2306.551. TRANSFER OF CORPORATION POWERS AND DUTIES
50	50	AND ASSETS. (a) The powers and duties of the corporation under
51	51	this chapter or other law are transferred to the Texas Department of
52	52	Housing and Community Affairs.
53	53	(b) The corporation shall transfer to the Texas Department
54	54	of Housing and Community Affairs:
55	55	(1) all assets owned or distributed by the
56	56	corporation, including any real or personal property owned by the
57	57	corporation and any bond revenue distributed by the corporation;
58	58	(2) all records related to the operation of any home
59	59	loan programs under this chapter; and
60	60	(3) any applications pending with the corporation on
61	61	the date the corporation is dissolved by the board of the
62	62	corporation.
63	63	(c) The board of the corporation shall:
64	64	(1) take all necessary actions to dissolve the
65	65	corporation; and
66	66	(2) at the request of the director, assist the
67	67	director in formulating the transition plan under Section 2306.058.
68	68	Sec. 2306.5511. DEFINITION; CONSTRUCTION OF OTHER LAW. (a)
69	69	In this subchapter, "corporation" means the Texas State Affordable
70	70	Housing Corporation.
71	71	(b) A reference in law to the corporation is a reference to
72	72	the Texas Department of Housing and Community Affairs.
73	73	SECTION 4. Sections 2306.255(g) and 2306.552, Government
74	74	Code, are repealed.
75	75	SECTION 5. (a) The Texas State Affordable Housing
76	76	Corporation is abolished on January 1, 2010.
77	77	(b) All powers, duties, obligations, rights, contracts,
78	78	funds, unspent appropriations, records, real or personal property,
79	79	and personnel of the Texas State Affordable Housing Corporation
80	80	shall be transferred to the Texas Department of Housing and
81	81	Community Affairs not later than January 1, 2010.
82	82	(c) A policy, procedure, or decision of the Texas State
83	83	Affordable Housing Corporation relating to a duty of that
84	84	corporation that is transferred to the authority of the Texas
85	85	Department of Housing and Community Affairs under Section 2306.551,
86	86	Government Code, as amended by this Act, continues in effect as a
87	87	policy, procedure, or decision of the Texas Department of Housing
88	88	and Community Affairs until superseded by an act of the director of
89	89	the Texas Department of Housing and Community Affairs.
90	90	(d) Except as otherwise provided by this Act, the validity
91	91	of a plan or procedure adopted, contract or acquisition made,
92	92	proceeding begun, grant or loan awarded, obligation incurred, right
93	93	accrued, or other action taken by or in connection with the
94	94	authority of the Texas State Affordable Housing Corporation before
95	95	that corporation is abolished under Subsection (a) of this section
96	96	is not affected by the abolishment.
97	97	(e) The director of the Texas Department of Housing and
98	98	Community Affairs shall adopt rules relating to the transfer of the
99	99	programs assigned to the Texas Department of Housing and Community
100	100	Affairs under Section 2306.551, Government Code, as amended by this
101	101	Act, not later than October 1, 2009.
102	102	SECTION 6. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2009.