Texas 2009 - 81st Regular

Texas House Bill HB3432 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6708 ACP-F
2	2	By: Menendez H.B. No. 3432
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of the Texas Department of Housing
8	8	and Community Affairs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 2306.004(12-a) and (26-a), Government
11	11	Code, are amended to read as follows:
12	12	(12-a) "Grant" means financial assistance that is
13	13	awarded in the form of money to a housing sponsor for a specific
14	14	purpose and that is not required to be repaid. [For purposes of
15	15	this chapter, a grant includes a forgivable loan.]
16	16	(26-a) "Rehabilitation" means the improvement or
17	17	modification of an existing residential development through an
18	18	alteration, addition, or enhancement. The term includes the
19	19	demolition of an existing residential development [and the
20	20	reconstruction of any development units], but does not include the
21	21	improvement or modification of an existing residential development
22	22	for the purpose of an adaptive reuse of the development.
23	23	SECTION 2. Sections 2306.030(b) and (c), Government Code,
24	24	are amended to read as follows:
25	25	(b) The board shall elect the following officers:
26	26	(1) from the members of the board, an assistant
27	27	presiding officer to perform the duties of the presiding officer
28	28	when the presiding officer is not present or is incapable of
29	29	performing duties of the presiding officer; and
30	30	(2) a secretary to be the official custodian of the
31	31	minutes, books, records, and seal of the board and to perform other
32	32	duties assigned by the board[; and
33	33	[(3) a treasurer to perform duties assigned by the
34	34	board].
35	35	(c) The office [offices] of secretary [and treasurer may be
36	36	held by one individual, and the holder of each of these offices]
37	37	need not be a board member. The board may appoint one or more
38	38	individuals who are not members to be assistant secretaries to
39	39	perform any duty of the secretary.
40	40	SECTION 3. Subchapter B, Chapter 2306, Government Code, is
41	41	amended by adding Section 2306.0351 to read as follows:
42	42	Sec. 2306.0351. PUBLIC HOUSING AUTHORITY BOARD:
43	43	APPOINTMENT AND COMPOSITION. (a) The department shall establish a
44	44	public housing authority board.
45	45	(b) The public housing authority board is composed of:
46	46	(1) the seven members of the board; and
47	47	(2) one representative who participates in a public
48	48	housing authority voucher program administered through the
49	49	department, appointed by the governor.
50	50	(c) The board member appointed under Subsection (b)(2):
51	51	(1) serves a three-year term; and
52	52	(2) is not required to meet any other qualifications
53	53	of appointment required of the members of the board of the
54	54	department but is subject to the restrictions provided by Sections
55	55	2306.034 and 2306.035.
56	56	(d) The public housing authority board shall investigate
57	57	and report on issues related to public housing and the voucher
58	58	programs administered by the department.
59	59	(e) The public housing authority board shall meet at least
60	60	once each year.
61	61	(f) A public housing authority board meeting may be held in
62	62	conjunction with a regularly scheduled board meeting.
63	63	(g) For purposes of this section, the presiding officer
64	64	named under Section 2306.030 serves as the presiding officer of the
65	65	public housing authority board.
66	66	(h) The presiding officer of the public housing authority
67	67	board serves as an ex officio, nonvoting member.
68	68	SECTION 4. Section 2306.045, Government Code, is amended by
69	69	adding Subsection (c) to read as follows:
70	70	(c) To accomplish the purposes of this section, the board
71	71	may request the director to transfer an administrative law judge
72	72	into the department on a temporary or permanent basis and may
73	73	contract with a qualified individual to serve as temporary
74	74	administrative law judge as necessary.
75	75	SECTION 5. Section 2306.0503, Government Code, is amended
76	76	to read as follows:
77	77	Sec. 2306.0503. ADMINISTRATIVE PROCEDURE. (a) A
78	78	proceeding to impose the penalty is considered to be a contested
79	79	case under Chapter 2001.
80	80	(b) If this chapter conflicts with Chapter 2001, this
81	81	chapter controls.
82	82	SECTION 6. Section 2306.052(b), Government Code, is amended
83	83	to read as follows:
84	84	(b) The director shall:
85	85	(1) administer and organize the work of the department
86	86	consistent with this chapter and with sound organizational
87	87	management that promotes efficient and effective operation;
88	88	(2) appoint and remove personnel employed by the
89	89	department;
90	90	(3) submit, through and with the approval of the board
91	91	and the governor, requests for appropriations and other money to
92	92	operate the department;
93	93	(4) administer all money entrusted to the department;
94	94	(5) administer all money and investments of the
95	95	department subject to:
96	96	(A) department indentures and contracts;
97	97	(B) Sections 2306.118 through 2306.120; and
98	98	(C) an action of the board under Section
99	99	2306.351; and
100	100	(6) perform other functions that may be assigned by
101	101	the board or the governor.
102	102	SECTION 7. Section 2306.0521(a), Government Code, is
103	103	amended to read as follows:
104	104	(a) The [Notwithstanding Section 2306.021(b) or any other
105	105	provision of this chapter, the] director, with the approval of the
106	106	board, may:
107	107	(1) create divisions [in addition to those listed in
108	108	Section 2306.021(b)] and assign to the newly created divisions any
109	109	duties and powers imposed on or granted to an existing division or
110	110	the department generally; or
111	111	(2) eliminate any division [listed in Section
112	112	2306.021(b) or created under this section and assign any duties or
113	113	powers previously assigned to the eliminated division to another
114	114	division listed in Section 2306.021(b) or created under this
115	115	section; or
116	116	[(3) eliminate all divisions listed in Section
117	117	2306.021(b) or created under this section] and reorganize the
118	118	distribution of powers and duties granted to or imposed on a
119	119	division in any manner the director determines appropriate for the
120	120	proper administration of the department.
121	121	SECTION 8. Section 2306.057(a), Government Code, is amended
122	122	to read as follows:
123	123	(a) Before the board approves any project application
124	124	submitted under this chapter, the department, through the division
125	125	with responsibility for compliance matters, shall[:
126	126	[(1)] assess:
127	127	(1) [(A)] the compliance history in this state of the
128	128	applicant and any affiliate of the applicant with respect to all
129	129	applicable requirements; and
130	130	(2) [(B)] the compliance issues associated with the
131	131	proposed project[; and
132	132	[(2) provide to the board a written report regarding
133	133	the results of the assessments described by Subdivision (1)].
134	134	SECTION 9. Section 2306.092, Government Code, is amended to
135	135	read as follows:
136	136	Sec. 2306.092. DUTIES REGARDING CERTAIN PROGRAMS CREATED
137	137	UNDER FEDERAL LAW. As consistent with its purposes, the [The]
138	138	department shall administer programs, as appropriate under
139	139	policies established by the board, implementing[:
140	140	[(1)] state responsibilities established [for
141	141	programs created] under [the federal Economic Opportunity Act of
142	142	1964 (42 U.S.C. Section 2701 et seq.);
143	143	[(2) programs assigned to the department under the
144	144	Omnibus Budget Reconciliation Act of 1981 (Pub.L. No. 97-35); and
145	145	[(3) other] federal [acts creating economic
146	146	opportunity] programs and assigned by law or by executive order to
147	147	the department.
148	148	SECTION 10. Section 2306.111(d), Government Code, is
149	149	amended to read as follows:
150	150	(d) The department shall allocate housing funds provided to
151	151	the state under the Cranston-Gonzalez National Affordable Housing
152	152	Act (42 U.S.C. Section 12701 et seq.), housing trust funds
153	153	administered by the department under Sections 2306.201-2306.206,
154	154	and commitments issued under the federal low income housing tax
155	155	credit program administered by the department under Subchapter DD
156	156	to all urban areas and rural areas of each uniform state service
157	157	region based on a formula developed by the department under Section
158	158	2306.1115. Except as otherwise provided this chapter, if [If] the
159	159	department determines under the formula that an insufficient number
160	160	of eligible applications for assistance out of funds or credits
161	161	allocable under this subsection are submitted to the department
162	162	from a particular uniform state service region, the department
163	163	shall use the unused funds or credits allocated to that region for
164	164	all urban areas and rural areas in other uniform state service
165	165	regions based on identified need and financial feasibility.
166	166	SECTION 11. Section 2306.148, Government Code, is amended
167	167	to read as follows:
168	168	Sec. 2306.148. UNDERWRITING STANDARDS. The board shall
169	169	have the specific duty and power to adopt underwriting standards
170	170	for grants or loans made or financed by the housing finance
171	171	division.
172	172	SECTION 12. Section 2306.174, Government Code, is amended
173	173	to read as follows:
174	174	Sec. 2306.174. ACQUISITION AND DISPOSITION OF PROPERTY.
175	175	The department may:
176	176	(1) acquire, own, rent, lease, accept, hold, or
177	177	dispose of any real, personal, or mixed property, or any interest in
178	178	property, including a right or easement, in performing its duties
179	179	and exercising its powers under this chapter, by purchase,
180	180	exchange, gift, assignment, transfer, foreclosure, sale, lease, or
181	181	otherwise;
182	182	(2) hold, manage, operate, or improve real, personal,
183	183	or mixed property, except that:
184	184	(A) the department is restricted in acquiring
185	185	property under Section 2306.251 unless it is required to foreclose
186	186	on a delinquent loan and elects to acquire the property at
187	187	foreclosure;
188	188	(B) the department shall make a diligent effort
189	189	to sell a housing development acquired through foreclosure to a
190	190	purchaser who will be required to pay ad valorem taxes on the
191	191	housing development or, if such a purchaser cannot be found, to
192	192	another purchaser; and
193	193	(C) the department shall sell a multifamily
194	194	housing development acquired through foreclosure not later than the
195	195	third anniversary of the date of acquisition unless the board
196	196	adopts a resolution stating the reason [that a purchaser cannot be
197	197	found after diligent search by the housing finance division, in
198	198	which case the department shall continue to try to find a purchaser
199	199	and shall sell] the [housing] development has not been sold [when a
200	200	purchaser is found]; and
201	201	(3) lease or rent land or a dwelling, house,
202	202	accommodation, building, structure, or facility from a private
203	203	party to carry out the housing finance division's purposes.
204	204	SECTION 13. Section 2306.2561(a), Government Code, is
205	205	amended to read as follows:
206	206	(a) The department, through the housing finance division,
207	207	may [shall] provide loans and grants to political subdivisions,
208	208	housing finance corporations, public housing authorities,
209	209	for-profit organizations, nonprofit organizations, and
210	210	income-eligible individuals, families, and households for purposes
211	211	of rehabilitating housing to preserve affordability of the housing.
212	212	SECTION 14. Section 2306.903(a), Government Code, is
213	213	amended to read as follows:
214	214	(a) The Texas Interagency Council for the Homeless is
215	215	composed of:
216	216	(1) one representative from each of the following
217	217	agencies, appointed by the administrative head of that agency:
218	218	(A) [the Texas Department of Health;
219	219	[(B)] the [Texas] Department of State Health
220	220	[Human] Services;
221	221	[(C) the Texas Department of Mental Health and
222	222	Mental Retardation;]
223	223	(B) [(D)] the Texas Department of Criminal
224	224	Justice;
225	225	(C) [(E)] the [Texas] Department of [on] Aging
226	226	and Disability Services;
227	227	(D) [(F)] the Department of Assistive and
228	228	Rehabilitative Services [Texas Rehabilitation Commission];
229	229	(E) [(G)] the Texas Education Agency;
230	230	[(H) the Texas Commission on Alcohol and Drug
231	231	Abuse;]
232	232	(F) [(I)] the Department of Family and
233	233	Protective [and Regulatory] Services;
234	234	(G) [(J)] the Health and Human Services
235	235	Commission;
236	236	(H) [(K)] the Texas Workforce Commission;
237	237	(I) [(L)] the Texas Youth Commission; and
238	238	(J) [(M)] the Texas Veterans Commission;
239	239	(2) two representatives from the department[, one each
240	240	from the community affairs division and the housing finance
241	241	division], appointed by the director; [and]
242	242	(3) three members representing service providers to
243	243	the homeless, one each appointed by the governor, the lieutenant
244	244	governor, and the speaker of the house of representatives; and
245	245	(4) one representative from each municipality that has
246	246	a population of 250,000 or more, appointed by the governing body of
247	247	that municipality.
248	248	SECTION 15. The following provisions of the Government Code
249	249	are repealed:
250	250	(1) Section 2306.004(23-a);
251	251	(2) Section 2306.004(28-b);
252	252	(3) Section 2306.057(b);
253	253	(4) Section 2306.232;
254	254	(5) Section 2306.258; and
255	255	(6) Section 2306.803(c).
256	256	SECTION 16. (a) The changes in law made by this Act
257	257	relating to the evaluation of applications for financial assistance
258	258	administered by the Texas Department of Housing and Community
259	259	Affairs apply only to an application submitted on or after the
260	260	effective date of this Act. An application submitted before the
261	261	effective date of this Act is governed by the law in effect when the
262	262	application was submitted, and the former law is continued in
263	263	effect for that purpose.
264	264	(b) As soon as practicable after the effective date of this
265	265	Act, the governor shall appoint an initial representative
266	266	participating in a public housing authority voucher program to the
267	267	public housing authority board as required by Section 2306.0351,
268	268	Government Code, as added by this Act.
269	269	(c) As soon as practicable after the effective date of this
270	270	Act, the governing body of each municipality that has a population
271	271	of 250,000 or more shall appoint an initial representative from the
272	272	municipality to the Texas Interagency Council for the Homeless as
273	273	required by Section 2306.903(a), Government Code, as amended by
274	274	this Act.
275	275	SECTION 17. This Act takes effect September 1, 2009.