81R28550 JAM-D
By: Davis of Dallas H.B. No. 3161
Substitute the following for H.B. No. 3161:
By: Pierson C.S.H.B. No. 3161
A BILL TO BE ENTITLED
AN ACT
relating to the administration of the Texas Department of Housing
and Community Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 2306, Government Code, is
amended by adding Section 2306.058 to read as follows:
Sec. 2306.058. TRANSITION PLAN FOR CERTAIN POWERS, DUTIES,
AND PROGRAMS; RULES. (a) The director by rule shall adopt a
transition plan for the department's assumption of the former
powers and duties of the Texas State Affordable Housing Corporation
under Section 2306.551. The transition plan must:
(1) include a timetable with specific steps and
deadlines needed to fully complete the transfer; and
(2) ensure that the transfer is fully implemented not
later than January 1, 2010.
(b) The director may adopt rules necessary to improve the
efficiency or effectiveness of any program that is transferred to
the department as a result of the department's assumption of the
former powers and duties of the Texas State Affordable Housing
Corporation under Section 2306.551, including rules that provide
for consolidating the operation of programs already administered by
the department and a program or programs that are transferred to the
department from the Texas State Affordable Housing Corporation.
SECTION 2. Subchapter D, Chapter 2306, Government Code, is
amended by adding Section 2306.0725 to read as follows:
Sec. 2306.0725. STUDY OF EFFECTIVENESS OF STATE LOW INCOME
HOUSING PLAN. (a) The department shall conduct a study regarding
the effectiveness of the annual state low income housing plan under
Section 2306.0721 in efficiently allocating all available housing
resources and reducing or eliminating redundant allocations of
housing resources.
(b) The study must examine and provide recommendations
regarding strategies for increasing the efficiency of the state low
income housing plan.
(c) Not later than December 1, 2010, the department shall
submit a report regarding the results of the study to the
legislature.
(d) This section expires September 2, 2011.
SECTION 3. Subchapter Y, Chapter 2306, Government Code, is
amended by amending Section 2306.551 and adding Section 2306.5511
to read as follows:
Sec. 2306.551. TRANSFER OF CORPORATION POWERS AND DUTIES
AND ASSETS. (a) The powers and duties of the corporation under
this chapter or other law are transferred to the Texas Department of
Housing and Community Affairs.
(b) The corporation shall transfer to the Texas Department
of Housing and Community Affairs:
(1) all assets owned or distributed by the
corporation, including any real or personal property owned by the
corporation and any bond revenue distributed by the corporation;
(2) all records related to the operation of any home
loan programs under this chapter; and
(3) any applications pending with the corporation on
the date the corporation is dissolved by the board of the
corporation.
(c) The board of the corporation shall:
(1) take all necessary actions to dissolve the
corporation; and
(2) at the request of the director, assist the
director in formulating the transition plan under Section 2306.058.
Sec. 2306.5511. DEFINITION; CONSTRUCTION OF OTHER LAW. (a)
In this subchapter, "corporation" means the Texas State Affordable
Housing Corporation.
(b) A reference in law to the corporation is a reference to
the Texas Department of Housing and Community Affairs.
SECTION 4. Sections 2306.255(g) and 2306.552, Government
Code, are repealed.
SECTION 5. (a) The Texas State Affordable Housing
Corporation is abolished on January 1, 2010.
(b) All powers, duties, obligations, rights, contracts,
funds, unspent appropriations, records, real or personal property,
and personnel of the Texas State Affordable Housing Corporation
shall be transferred to the Texas Department of Housing and
Community Affairs not later than January 1, 2010.
(c) A policy, procedure, or decision of the Texas State
Affordable Housing Corporation relating to a duty of that
corporation that is transferred to the authority of the Texas
Department of Housing and Community Affairs under Section 2306.551,
Government Code, as amended by this Act, continues in effect as a
policy, procedure, or decision of the Texas Department of Housing
and Community Affairs until superseded by an act of the director of
the Texas Department of Housing and Community Affairs.
(d) Except as otherwise provided by this Act, the validity
of a plan or procedure adopted, contract or acquisition made,
proceeding begun, grant or loan awarded, obligation incurred, right
accrued, or other action taken by or in connection with the
authority of the Texas State Affordable Housing Corporation before
that corporation is abolished under Subsection (a) of this section
is not affected by the abolishment.
(e) The director of the Texas Department of Housing and
Community Affairs shall adopt rules relating to the transfer of the
programs assigned to the Texas Department of Housing and Community
Affairs under Section 2306.551, Government Code, as amended by this
Act, not later than October 1, 2009.
SECTION 6. 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.