Texas 2009 - 81st Regular

Texas House Bill HB3431 Compare Versions

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Old	New	Differences
1	1	81R23794 JAM-D
2	2	By: Menendez H.B. No. 3431
3	3	Substitute the following for H.B. No. 3431:
4	4	By: Hilderbran C.S.H.B. No. 3431
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the transfer of the powers, duties, and programs of the
10	10	Texas State Affordable Housing Corporation to the Texas Department
11	11	of Housing and Community Affairs and to the establishment of
12	12	certain other programs and divisions within the department.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter C, Chapter 2306, Government Code, is
15	15	amended by adding Section 2306.058 to read as follows:
16	16	Sec. 2306.058. TRANSITION PLAN FOR CERTAIN POWERS, DUTIES,
17	17	AND PROGRAMS; RULES. (a) The director by rule shall adopt a
18	18	transition plan for the department's assumption of the former
19	19	powers and duties of the Texas State Affordable Housing Corporation
20	20	under Section 2306.551. The transition plan must:
21	21	(1) include a timetable with specific steps and
22	22	deadlines needed to fully complete the transfer;
23	23	(2) ensure that the programs administered under
24	24	Sections 2306.562 and 2306.5621 will be administered by a
25	25	tax-exempt organization listed under Section 501(c)(3), Internal
26	26	Revenue Code of 1986; and
27	27	(3) ensure that the transfer is fully implemented not
28	28	later than January 1, 2010.
29	29	(b) The director may adopt rules necessary to improve the
30	30	efficiency or effectiveness of any program that is transferred to
31	31	the department as a result of the department's assumption of the
32	32	former powers and duties of the Texas State Affordable Housing
33	33	Corporation under Section 2306.551, including rules that provide
34	34	for consolidating the operation of programs already administered by
35	35	the department and a program or programs that are transferred to the
36	36	department from the Texas State Affordable Housing Corporation.
37	37	(c) Notwithstanding Subsection (b), the director may not
38	38	consolidate or eliminate the programs administered under Sections
39	39	2306.562 and 2306.5621.
40	40	SECTION 2. Subchapter D, Chapter 2306, Government Code, is
41	41	amended by adding Section 2306.084 to read as follows:
42	42	Sec. 2306.084. NONPROFIT ASSISTANCE DIVISION. (a) The
43	43	nonprofit assistance division is an independent entity within the
44	44	department, is administratively attached to the department, and is
45	45	not an advisory body to the department.
46	46	(b) The department shall administer and enforce Section
47	47	2306.5552 through the nonprofit assistance division.
48	48	SECTION 3. Subchapter E, Chapter 2306, Government Code, is
49	49	amended by adding Section 2306.095 to read as follows:
50	50	Sec. 2306.095. HOMELESS GRANT PROGRAM. (a) The department
51	51	shall provide grants, supportive housing services, and housing
52	52	retention services to support services offered to homeless persons
53	53	by political subdivisions, housing finance corporations,
54	54	for-profit corporations, and nonprofit organizations.
55	55	(b) Grants made under this section must be used only for
56	56	support services for homeless persons, including:
57	57	(1) case management;
58	58	(2) job training, placement, and retention;
59	59	(3) housing placement and retention; and
60	60	(4) mental health services.
61	61	(c) The department may adopt rules to administer this
62	62	section.
63	63	SECTION 4. Subchapter Y, Chapter 2306, Government Code, is
64	64	amended by amending Section 2306.551 and adding Section 2306.5511
65	65	to read as follows:
66	66	Sec. 2306.551. TRANSFER OF CORPORATION POWERS AND DUTIES
67	67	AND ASSETS. (a) The powers and duties of the corporation under
68	68	this chapter or other law are transferred to the Texas Department of
69	69	Housing and Community Affairs.
70	70	(b) The corporation shall transfer to the Texas Department
71	71	of Housing and Community Affairs:
72	72	(1) all assets owned or distributed by the
73	73	corporation, including any real or personal property owned by the
74	74	corporation and any bond revenue distributed by the corporation;
75	75	(2) all records related to the operation of any home
76	76	loan programs under this chapter; and
77	77	(3) any applications pending with the corporation on
78	78	the date the corporation is dissolved by the board of the
79	79	corporation.
80	80	(c) The board of the corporation shall:
81	81	(1) take all necessary actions to dissolve the
82	82	corporation; and
83	83	(2) at the request of the director, assist the
84	84	director in formulating the transition plan under Section 2306.058.
85	85	Sec. 2306.5511. DEFINITION; CONSTRUCTION OF OTHER LAW. (a)
86	86	In this subchapter, "corporation" means the Texas State Affordable
87	87	Housing Corporation.
88	88	(b) A reference in law to the corporation is a reference to
89	89	the Texas Department of Housing and Community Affairs.
90	90	SECTION 5. Section 2306.557, Government Code, is amended to
91	91	read as follows:
92	92	Sec. 2306.557. DISTRIBUTION OF EARNINGS. (a) Any part of
93	93	earnings remaining after payment of expenses and any establishment
94	94	of reserves by the corporation's board of directors may not inure to
95	95	any person except that the corporation shall use these excess
96	96	earnings to further the corporation's new or existing affordable
97	97	housing initiatives if the corporation's board of directors
98	98	determines that sufficient provision has been made for the full
99	99	payment of the expenses, bonds, and other obligations of the
100	100	corporation and for any establishment of reserves by the
101	101	corporation's board of directors.
102	102	(b) Notwithstanding any provision to the contrary, all
103	103	earnings from bonds issued under Section 2306.5551, 2306.562,
104	104	2306.5621, or 2306.565 shall be allocated to the homeless grant
105	105	program under Section 2306.095.
106	106	SECTION 6. Sections 2306.255(g) and 2306.552, Government
107	107	Code, are repealed.
108	108	SECTION 7. (a) The Texas State Affordable Housing
109	109	Corporation is abolished on January 1, 2010.
110	110	(b) All powers, duties, obligations, rights, contracts,
111	111	funds, unspent appropriations, records, and real or personal
112	112	property of the Texas State Affordable Housing Corporation shall be
113	113	transferred to the Texas Department of Housing and Community
114	114	Affairs not later than January 1, 2010.
115	115	(c) The nonprofit assistance division of the Texas
116	116	Department of Housing and Community Affairs created under Section
117	117	2306.084, Government Code, as added by this Act, is established on
118	118	the effective date of this Act.
119	119	(d) A policy, procedure, or decision of the Texas State
120	120	Affordable Housing Corporation relating to a duty of that
121	121	corporation that is transferred to the authority of the Texas
122	122	Department of Housing and Community Affairs under Section 2306.551,
123	123	Government Code, as amended by this Act, continues in effect as a
124	124	policy, procedure, or decision of the Texas Department of Housing
125	125	and Community Affairs until superseded by an act of the director of
126	126	the Texas Department of Housing and Community Affairs.
127	127	(e) Except as otherwise provided by this Act, the validity
128	128	of a plan or procedure adopted, contract or acquisition made,
129	129	proceeding begun, grant or loan awarded, obligation incurred, right
130	130	accrued, or other action taken by or in connection with the
131	131	authority of the Texas State Affordable Housing Corporation before
132	132	that corporation is abolished under Subsection (a) of this section
133	133	is not affected by the abolishment.
134	134	(f) The director of the Texas Department of Housing and
135	135	Community Affairs shall adopt rules relating to the transfer of the
136	136	programs assigned to the Texas Department of Housing and Community
137	137	Affairs under Section 2306.551, Government Code, as amended by this
138	138	Act, not later than October 1, 2009.
139	139	SECTION 8. This Act takes effect immediately if it receives
140	140	a vote of two-thirds of all the members elected to each house, as
141	141	provided by Section 39, Article III, Texas Constitution. If this
142	142	Act does not receive the vote necessary for immediate effect, this
143	143	Act takes effect September 1, 2009.