81R6708 ACP-F
By: Menendez H.B. No. 3432
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. Sections 2306.004(12-a) and (26-a), Government
Code, are amended to read as follows:
(12-a) "Grant" means financial assistance that is
awarded in the form of money to a housing sponsor for a specific
purpose and that is not required to be repaid. [For purposes of
this chapter, a grant includes a forgivable loan.]
(26-a) "Rehabilitation" means the improvement or
modification of an existing residential development through an
alteration, addition, or enhancement. The term includes the
demolition of an existing residential development [and the
reconstruction of any development units], but does not include the
improvement or modification of an existing residential development
for the purpose of an adaptive reuse of the development.
SECTION 2. Sections 2306.030(b) and (c), Government Code,
are amended to read as follows:
(b) The board shall elect the following officers:
(1) from the members of the board, an assistant
presiding officer to perform the duties of the presiding officer
when the presiding officer is not present or is incapable of
performing duties of the presiding officer; and
(2) a secretary to be the official custodian of the
minutes, books, records, and seal of the board and to perform other
duties assigned by the board[; and
[(3) a treasurer to perform duties assigned by the
board].
(c) The office [offices] of secretary [and treasurer may be
held by one individual, and the holder of each of these offices]
need not be a board member. The board may appoint one or more
individuals who are not members to be assistant secretaries to
perform any duty of the secretary.
SECTION 3. Subchapter B, Chapter 2306, Government Code, is
amended by adding Section 2306.0351 to read as follows:
Sec. 2306.0351. PUBLIC HOUSING AUTHORITY BOARD:
APPOINTMENT AND COMPOSITION. (a) The department shall establish a
public housing authority board.
(b) The public housing authority board is composed of:
(1) the seven members of the board; and
(2) one representative who participates in a public
housing authority voucher program administered through the
department, appointed by the governor.
(c) The board member appointed under Subsection (b)(2):
(1) serves a three-year term; and
(2) is not required to meet any other qualifications
of appointment required of the members of the board of the
department but is subject to the restrictions provided by Sections
2306.034 and 2306.035.
(d) The public housing authority board shall investigate
and report on issues related to public housing and the voucher
programs administered by the department.
(e) The public housing authority board shall meet at least
once each year.
(f) A public housing authority board meeting may be held in
conjunction with a regularly scheduled board meeting.
(g) For purposes of this section, the presiding officer
named under Section 2306.030 serves as the presiding officer of the
public housing authority board.
(h) The presiding officer of the public housing authority
board serves as an ex officio, nonvoting member.
SECTION 4. Section 2306.045, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) To accomplish the purposes of this section, the board
may request the director to transfer an administrative law judge
into the department on a temporary or permanent basis and may
contract with a qualified individual to serve as temporary
administrative law judge as necessary.
SECTION 5. Section 2306.0503, Government Code, is amended
to read as follows:
Sec. 2306.0503. ADMINISTRATIVE PROCEDURE. (a) A
proceeding to impose the penalty is considered to be a contested
case under Chapter 2001.
(b) If this chapter conflicts with Chapter 2001, this
chapter controls.
SECTION 6. Section 2306.052(b), Government Code, is amended
to read as follows:
(b) The director shall:
(1) administer and organize the work of the department
consistent with this chapter and with sound organizational
management that promotes efficient and effective operation;
(2) appoint and remove personnel employed by the
department;
(3) submit, through and with the approval of the board
and the governor, requests for appropriations and other money to
operate the department;
(4) administer all money entrusted to the department;
(5) administer all money and investments of the
department subject to:
(A) department indentures and contracts;
(B) Sections 2306.118 through 2306.120; and
(C) an action of the board under Section
2306.351; and
(6) perform other functions that may be assigned by
the board or the governor.
SECTION 7. Section 2306.0521(a), Government Code, is
amended to read as follows:
(a) The [Notwithstanding Section 2306.021(b) or any other
provision of this chapter, the] director, with the approval of the
board, may:
(1) create divisions [in addition to those listed in
Section 2306.021(b)] and assign to the newly created divisions any
duties and powers imposed on or granted to an existing division or
the department generally; or
(2) eliminate any division [listed in Section
2306.021(b) or created under this section and assign any duties or
powers previously assigned to the eliminated division to another
division listed in Section 2306.021(b) or created under this
section; or
[(3) eliminate all divisions listed in Section
2306.021(b) or created under this section] and reorganize the
distribution of powers and duties granted to or imposed on a
division in any manner the director determines appropriate for the
proper administration of the department.
SECTION 8. Section 2306.057(a), Government Code, is amended
to read as follows:
(a) Before the board approves any project application
submitted under this chapter, the department, through the division
with responsibility for compliance matters, shall[:
[(1)] assess:
(1) [(A)] the compliance history in this state of the
applicant and any affiliate of the applicant with respect to all
applicable requirements; and
(2) [(B)] the compliance issues associated with the
proposed project[; and
[(2) provide to the board a written report regarding
the results of the assessments described by Subdivision (1)].
SECTION 9. Section 2306.092, Government Code, is amended to
read as follows:
Sec. 2306.092. DUTIES REGARDING CERTAIN PROGRAMS CREATED
UNDER FEDERAL LAW. As consistent with its purposes, the [The]
department shall administer programs, as appropriate under
policies established by the board, implementing[:
[(1)] state responsibilities established [for
programs created] under [the federal Economic Opportunity Act of
1964 (42 U.S.C. Section 2701 et seq.);
[(2) programs assigned to the department under the
Omnibus Budget Reconciliation Act of 1981 (Pub.L. No. 97-35); and
[(3) other] federal [acts creating economic
opportunity] programs and assigned by law or by executive order to
the department.
SECTION 10. Section 2306.111(d), Government Code, is
amended to read as follows:
(d) The department shall allocate housing funds provided to
the state under the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. Section 12701 et seq.), housing trust funds
administered by the department under Sections 2306.201-2306.206,
and commitments issued under the federal low income housing tax
credit program administered by the department under Subchapter DD
to all urban areas and rural areas of each uniform state service
region based on a formula developed by the department under Section
2306.1115. Except as otherwise provided this chapter, if [If] the
department determines under the formula that an insufficient number
of eligible applications for assistance out of funds or credits
allocable under this subsection are submitted to the department
from a particular uniform state service region, the department
shall use the unused funds or credits allocated to that region for
all urban areas and rural areas in other uniform state service
regions based on identified need and financial feasibility.
SECTION 11. Section 2306.148, Government Code, is amended
to read as follows:
Sec. 2306.148. UNDERWRITING STANDARDS. The board shall
have the specific duty and power to adopt underwriting standards
for grants or loans made or financed by the housing finance
division.
SECTION 12. Section 2306.174, Government Code, is amended
to read as follows:
Sec. 2306.174. ACQUISITION AND DISPOSITION OF PROPERTY.
The department may:
(1) acquire, own, rent, lease, accept, hold, or
dispose of any real, personal, or mixed property, or any interest in
property, including a right or easement, in performing its duties
and exercising its powers under this chapter, by purchase,
exchange, gift, assignment, transfer, foreclosure, sale, lease, or
otherwise;
(2) hold, manage, operate, or improve real, personal,
or mixed property, except that:
(A) the department is restricted in acquiring
property under Section 2306.251 unless it is required to foreclose
on a delinquent loan and elects to acquire the property at
foreclosure;
(B) the department shall make a diligent effort
to sell a housing development acquired through foreclosure to a
purchaser who will be required to pay ad valorem taxes on the
housing development or, if such a purchaser cannot be found, to
another purchaser; and
(C) the department shall sell a multifamily
housing development acquired through foreclosure not later than the
third anniversary of the date of acquisition unless the board
adopts a resolution stating the reason [that a purchaser cannot be
found after diligent search by the housing finance division, in
which case the department shall continue to try to find a purchaser
and shall sell] the [housing] development has not been sold [when a
purchaser is found]; and
(3) lease or rent land or a dwelling, house,
accommodation, building, structure, or facility from a private
party to carry out the housing finance division's purposes.
SECTION 13. Section 2306.2561(a), Government Code, is
amended to read as follows:
(a) The department, through the housing finance division,
may [shall] provide loans and grants to political subdivisions,
housing finance corporations, public housing authorities,
for-profit organizations, nonprofit organizations, and
income-eligible individuals, families, and households for purposes
of rehabilitating housing to preserve affordability of the housing.
SECTION 14. Section 2306.903(a), Government Code, is
amended to read as follows:
(a) The Texas Interagency Council for the Homeless is
composed of:
(1) one representative from each of the following
agencies, appointed by the administrative head of that agency:
(A) [the Texas Department of Health;
[(B)] the [Texas] Department of State Health
[Human] Services;
[(C) the Texas Department of Mental Health and
Mental Retardation;]
(B) [(D)] the Texas Department of Criminal
Justice;
(C) [(E)] the [Texas] Department of [on] Aging
and Disability Services;
(D) [(F)] the Department of Assistive and
Rehabilitative Services [Texas Rehabilitation Commission];
(E) [(G)] the Texas Education Agency;
[(H) the Texas Commission on Alcohol and Drug
Abuse;]
(F) [(I)] the Department of Family and
Protective [and Regulatory] Services;
(G) [(J)] the Health and Human Services
Commission;
(H) [(K)] the Texas Workforce Commission;
(I) [(L)] the Texas Youth Commission; and
(J) [(M)] the Texas Veterans Commission;
(2) two representatives from the department[, one each
from the community affairs division and the housing finance
division], appointed by the director; [and]
(3) three members representing service providers to
the homeless, one each appointed by the governor, the lieutenant
governor, and the speaker of the house of representatives; and
(4) one representative from each municipality that has
a population of 250,000 or more, appointed by the governing body of
that municipality.
SECTION 15. The following provisions of the Government Code
are repealed:
(1) Section 2306.004(23-a);
(2) Section 2306.004(28-b);
(3) Section 2306.057(b);
(4) Section 2306.232;
(5) Section 2306.258; and
(6) Section 2306.803(c).
SECTION 16. (a) The changes in law made by this Act
relating to the evaluation of applications for financial assistance
administered by the Texas Department of Housing and Community
Affairs apply only to an application submitted on or after the
effective date of this Act. An application submitted before the
effective date of this Act is governed by the law in effect when the
application was submitted, and the former law is continued in
effect for that purpose.
(b) As soon as practicable after the effective date of this
Act, the governor shall appoint an initial representative
participating in a public housing authority voucher program to the
public housing authority board as required by Section 2306.0351,
Government Code, as added by this Act.
(c) As soon as practicable after the effective date of this
Act, the governing body of each municipality that has a population
of 250,000 or more shall appoint an initial representative from the
municipality to the Texas Interagency Council for the Homeless as
required by Section 2306.903(a), Government Code, as amended by
this Act.
SECTION 17. This Act takes effect September 1, 2009.