Texas 2009 - 81st Regular

Texas House Bill HB3540 Compare Versions

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1	1	By: Davis of Dallas H.B. No. 3540
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the provision of housing, weatherization and energy
7	7	assistance to persons who are elderly, homeless or with
8	8	disabilities through the establishment of the Texas Housing
9	9	Independence Campaign.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 2306, Government Code, is amended by
12	12	adding Subchapter NN to read as follows:
13	13	SUBCHAPTER NN. TEXAS HOUSING INDEPENDENCE CAMPAIGN
14	14	Sec. 2306.1110. SHORT TITLE. This subchapter may be cited
15	15	as the Texas Housing Independence Campaign.
16	16	Sec. 2306.1111. PURPOSE. The purpose of this subchapter is
17	17	to promote housing independence and prevent unnecessary and
18	18	expensive institutionalization of the state's extremely low-income
19	19	elderly and homeless populations and persons with disabilities.
20	20	Sec. 2306.1112. GOALS. The goal of the Texas Housing
21	21	Independence Campaign is to:
22	22	(a) Reduce, by 2020 by at least 20 percent the number of
23	23	those individuals desiring and capable of living independently who
24	24	are compelled to reside in Medicaid supported nursing homes, state
25	25	institutions and publicly supported homeless shelters by making it
26	26	possible for these individuals to remain and live independently in
27	27	privately owned housing especially their own homes;
28	28	(b) Ensure households assisted under this program in each
29	29	region are in approximate proportion to the number of eligible
30	30	individuals and households residing within each of the various
31	31	regions of the state;
32	32	(d) Develop new, more cost effective programs and
33	33	strategies to utilize existing public and private resources to
34	34	provide housing and reduce the residential energy cost burden on
35	35	extremely low income homeless, elderly and households that include
36	36	persons with disabilities;
37	37	(e) Affirmatively further fair housing opportunities by
38	38	making available non-institutionalized housing opportunities to
39	39	extremely low income homeless persons, elderly persons and
40	40	households that include persons with disabilities; and
41	41	(f) Coordinate housing and health services to meet demands
42	42	of aging, disabled and homeless extremely low income individuals by
43	43	promoting service enriched housing opportunities within a wide
44	44	range of private housing including homes owned and rented by these
45	45	individuals, especially their existing homes.
46	46	Sec. 2306.1113. DEFINITIONS. In this subchapter:
47	47	(1) "Advisory members" means a representative of the
48	48	public or private industry, appointed by the Governor to meet with
49	49	and advise the Task Force;
50	50	(2) "Campaign plan" means a single unified plan as
51	51	amended that is developed and approved by the task force to achieve
52	52	the goals of the Texas Housing Indepence Campaign;
53	53	(3) "Extremely low-income" means a household with a
54	54	combined income of 150 percent or less of the federal poverty level;
55	55	(4) "Non-institutionalized residence" means a
56	56	privately owned home, apartment or group home;
57	57	(5) "Participating agencies" means the Texas
58	58	Department of Housing and Community Affairs, Texas Department of
59	59	Human Services, Texas Department of Mental Health and Mental
60	60	Retardation, Texas Department on Aging and Disability Services,
61	61	Public Utility Commission, Texas State Affordable Housing
62	62	Corporation, Department of Assistive and Rehabilitative Services
63	63	and the Office of Rural Community Affairs;
64	64	(6) "Service-enriched housing" means living
65	65	arrangements that include health and/or social services in an
66	66	accessible, supportive environment; and
67	67	(7) "Task force" means Texas Housing Independence
68	68	Campaign Task Force comprised of state agency and department
69	69	representative and appointees of the Governor having
70	70	responsibility for the planning, implementation and reporting on
71	71	the Texas Housing Independence Campaign.
72	72	Sec. 2306.1114. ADMINISTRATIVE AND RULEMAKING AUTHORITY.
73	73	(a) A regulatory official has broad authority to
74	74	administer, interpret, and enforce this subchapter.
75	75	(b) A rulemaking authority has broad authority to adopt
76	76	rules to implement this subchapter to carry out the legislature's
77	77	intent.
78	78	Sec. 2306.1115. COMPOSITION OF THE TASK FORCE. (a) The
79	79	Texas Housing Independence Campaign Task Force shall be composed
80	80	of:
81	81	(1) one representative from each of the following
82	82	agencies, appointed by the administrative head of that agency:
83	83	(A) the Texas Department of Human Services;
84	84	(B) the Texas Department of Mental Health and
85	85	Mental Retardation;
86	86	(C) the Texas Department on Aging and Disability
87	87	Services;
88	88	(D) the Texas State Affordable Housing
89	89	Corporation;
90	90	(E) the Department of Assistive and
91	91	Rehabilitative Services;
92	92	(F) the Public Utility Commission; and
93	93	(G) the Office of Rural Community Affairs.
94	94	(2) two representatives from the department,
95	95	including the executive director and a designee of the executive
96	96	director; and
97	97	(3) three members representing advocacy organizations
98	98	and service providers to the homeless, one each appointed by the
99	99	governor, the lieutenant governor, and the speaker of the house of
100	100	representatives.
101	101	(4) three members representing advocacy organizations
102	102	and service providers to the elderly, one each appointed by the
103	103	governor, the lieutenant governor, and the speaker of the house of
104	104	representatives.
105	105	(5) three members representing advocacy organizations
106	106	and service providers to persons with disabilities, one each
107	107	appointed by the governor, the lieutenant governor, and the speaker
108	108	of the house of representatives.
109	109	(b) A member of the task force serves at the pleasure of the
110	110	appointing official or until termination of the member's employment
111	111	with the entity the member represents.
112	112	(c) A member of the representing a state agency or
113	113	department on the task force must have:
114	114	(1) administrative responsibility for programs for
115	115	the homeless, disabled, or senior housing or related services
116	116	provided by the agency that the member represents; and
117	117	(2) authority to make decisions for and commit
118	118	resources of the agency, subject to the approval of the
119	119	administrative head and/or board of directors of the agency.
120	120	Sec. 2306.1116. OPERATION OF TASK FORCE. (a) The executive
121	121	director of the department shall chair the task force.
122	122	(b) The task force shall meet at least quarterly.
123	123	(c) A record shall be taken of attendance and minutes
124	124	produced which shall be included in the annual report provided for
125	125	in Sec. 2306.1118.
126	126	(c) An action taken by the task force must be approved by a
127	127	majority vote of the members present.
128	128	(d) The task force may select and use advisors.
129	129	(e) The department shall provide clerical and advisory
130	130	support staff to the task force.
131	131	Sec. 2306.1117. GIFTS AND GRANTS. The task force may accept
132	132	gifts and grants from a public or private source for use in carrying
133	133	out the task force's duties under this subchapter.
134	134	Sec. 2306.1118. DUTIES OF THE TASK FORCE. The task force
135	135	shall:
136	136	(1) coordinate interdepartmental and interagency
137	137	plans and develop a unified campaign plan to achieve the goals of
138	138	the Texas Housing Independence Campaign;
139	139	(2) determine the programmatic approaches, levels of
140	140	funding and funding sources necessary to carry out the campaign
141	141	plan to achieve the goals of the Texas Housing Independence
142	142	Campaign;
143	143	(3) research housing needs and programs to achieve the
144	144	goals of the Texas Housing Independence Campaign; and
145	145	(4) aggregate, analyze and report the program
146	146	initiatives and funding commitments of each participating
147	147	department and agency for activities under the Texas Housing
148	148	Independence Campaign, and certify whether sufficient programs and
149	149	resources have been committed to meet the campaign plan and goals.
150	150	(5) by September 1 of each year submit to the Governor,
151	151	Lt. Governor, Speaker, the Legislative Budget Board and to the
152	152	department's legislative oversight committees and the legislative
153	153	oversight committees of the Office of Rural Community Affairs the
154	154	campaign plan and subsequent yearly revisions to the campaign plan
155	155	that include an accounting of the funds allocated, funds expended
156	156	and the number and geographic, demographic and economic
157	157	characteristics of persons served by each participating department
158	158	and agency through the campaign plan.
159	159	Sec. 2306.1119 FUNDING. (a) Notwithstanding other law,
160	160	participating agencies shall revise their existing program
161	161	services and funding rules to permit them to contribute adequate
162	162	program resources and target services as necessary to achieve the
163	163	goals of the campaign plan.
164	164	(b) The department and the Office of Rural Community Affairs
165	165	shall specifically assign housing funding and community
166	166	development block grants, housing tax credits, weatherization,
167	167	Texas Housing Trust Fund, program revenues, program income, excess
168	168	proceeds from any related activities, energy assistance funds as
169	169	well as any other resources available to the department and the
170	170	Office of Rural Community Affairs at levels sufficient to meet the
171	171	requirements of the campaign plan.
172	172	(c) The Texas State Affordable Housing Corporation shall
173	173	assign the highest priority to using any program income, grant
174	174	funds, bond refunding proceeds and existing or future surplus funds
175	175	available to the corporation to fund activities recommended by the
176	176	task force to achieve the campaign plan.
177	177	(d) The department, the Office of Rural Community Affairs
178	178	and the Texas State Affordable Housing Corporation shall amend
179	179	their strategic plans to increase the number of new and
180	180	rehabilitated, integrated, affordable housing units for extremely
181	181	low income people with disabilities the elderly and homeless
182	182	populations at risk of being compelled to seek publicly supported
183	183	institutionalized housing or shelter through new construction,
184	184	rehabilitation and reuse, or tenant rental assistance by a number
185	185	necessary to meet the campaign plan.
186	186	Sec. 2306.1120 TEXAS HOUSING INDEPENDENCE CAMPAIGN HOUSING
187	187	ASSISTANCE PROGRAM. (a) A program shall be established to build or
188	188	rehabilitate housing units of the type designated by
189	189	recommendations of the task force consistent with the goals of the
190	190	Texas Housing Independence Campaign.
191	191	(b) Program rules, contracts, procurement procedures and
192	192	other aspects of the administration of the program shall be the
193	193	responsibility of the agency administering the funds.
194	194	(c) The aggregate number of new or rehabilitated housing
195	195	units to be included in the department's, the Office of Rural
196	196	Community Affairs and the Texas State Affordable Housing
197	197	Corporation's strategic plans shall not be less than 5,000 per
198	198	biennium with a minimum of 3,500 housing units to be assisted by
199	199	funds from the department, a minimum of 1,000 units to be assisted
200	200	with funds from the Office of Rural Community Affairs and a minimum
201	201	of 500 units to be assisted by the Texas State Affordable Housing
202	202	Corporation.
203	203	(d) The department, the Office of Rural Community Affairs
204	204	and the Texas State Affordable Housing Corporation shall, through
205	205	the Texas Housing Independence Campaign Task Force, develop and
206	206	market an adequate portion of these housing units to meet the
207	207	housing needs of individuals relocated as a result of any closing or
208	208	consolidation of residential care facilities operated or
209	209	maintained by the State of Texas.
210	210	Sec. 2306.1121. TEXAS HOUSING INDEPENDENCE CAMPAIGN
211	211	RESIDENTIAL ARCHITECTURAL BARRIER REMOVAL PROGRAM. (a) The
212	212	department and the Office of Rural Community Affairs shall
213	213	cooperate to develop rules and procedures to establish the program;
214	214	(b) The department and the Office of Rural Community Affairs
215	215	shall each expend no less than $5 million from funds available to
216	216	carry out a $10 million Texas Residential Barrier Removal Grant
217	217	Program to assist not less than 3,000 elderly or disabled Texas
218	218	households to remain in their homes each year.
219	219	(c) The Office of Rural Community Affairs shall administer
220	220	the program to serve beneficiaries residing in that portion of the
221	221	state that lies outside of Participating Jurisdictions under the
222	222	Community Development Block Grant program and the Texas Department
223	223	of Housing and Community Affairs shall administer that portion of
224	224	the program that serves beneficiaries residing in the remainder of
225	225	the state.
226	226	(d) The department and the Office of Rural Community Affairs
227	227	shall cooperate to provide local communities, nonprofit and for
228	228	profit organizations desiring to participate in this program the
229	229	necessary technical assistance to successfully implement a
230	230	program.
231	231	Sec. 2306.1122 TEXAS HOUSING INDEPENDENCE CAMPAIGN ENERGY
232	232	COST BURDEN REDUCTION PROGRAM (a) The Texas Department of Housing
233	233	and Community Affairs and the Office of Rural Community Affairs
234	234	shall develop and undertake a program to reduce the energy costs of
235	235	extremely low income elderly and disabled households whose energy
236	236	costs exceed twenty percent of their gross income over the
237	237	preceding 12 month period.
238	238	(b) The Public Utility Commission, shall cooperate with the
239	239	department and the Office of Rural Community Affairs to research
240	240	and monitor the effectiveness of the program's efforts to reduce
241	241	the cost of utilities and to recommend and support demonstration
242	242	programs to be undertaken by the department and the Office of Rural
243	243	Community Affairs under this section in order to test program
244	244	initiatives to reduce the energy cost burden on households provided
245	245	in subparagraph (a).
246	246	(c) Low Income Homeowner Energy Assistance Program and
247	247	federal weatherization grant funds secured as a part of the regular
248	248	federal allocation and through supplemental federal appropriations
249	249	shall be prioritized, consistent with the actions necessary to
250	250	fully draw down and utilize all available federal funding from
251	251	these sources, to serve the households provided in subparagraph
252	252	(a). These funds shall be coordinated with other initiatives to
253	253	develop, modify and rehabilitate housing to assist the target
254	254	populations under this section to stay out of or to exit from
255	255	publicly supported institutional housing, state schools or
256	256	shelters and to return to privately owned housing.
257	257	(d) The program shall be administered in a manner that
258	258	ensures that eligible beneficiaries in small cities and rural
259	259	communities receive a share of the campaign resources in proportion
260	260	to their share of the state's eligible population.
261	261	(e) Funds appropriated from the System Benefit Fund for
262	262	purposes of implementing this section may be used in conjunction
263	263	with the Weatherization Program to provide for additional
264	264	weatherization above the maximum levels provided for with federal
265	265	funds and to provide passive solar energy, solar water heating,
266	266	high efficiency heating and cooling systems and energy efficient
267	267	appliances to equip the homes of at least 3,000 elderly or disabled
268	268	Texans with such improvements.
269	269	(f) Eligible households shall be those that meet the income
270	270	qualifications of the campaign and whose utility bills for the
271	271	previous 12 months exceed 20 percent of gross income.
272	272	(g) In conjunction with the Public Utility Commission, the
273	273	department shall design this program, to the extent possible, to
274	274	provide passive solar energy and water heating systems in such a
275	275	manner that the systems are provided on a no cost lease basis and
276	276	will be recovered when the household no longer needs the system and
277	277	reinstalled at the home of another eligible household.
278	278	(h) Maximum program benefits for weatherization and home
279	279	repairs related to energy cost reductions, excluding passive solar
280	280	energy and solar water heating under this section may not exceed
281	281	$15,000 per household. The maximum cost of passive solar energy
282	282	and/or solar water heating system not permanently affixed to a
283	283	house but instead designed to be recovered and reused shall not
284	284	exceed $20,000 per household.
285	285	(f) The Public Utility Commission shall monitor and report
286	286	on the cost effectiveness of this program and make recommendations
287	287	for the improvement and efficiency of the program through the
288	288	reports provided in Sec. 2306.1118.
289	289	Sec. 2306.1123. DISTRIBUTION OF PROGRAM RESOURCES. The task
290	290	force shall develop recommendations to ensure all programs
291	291	undertaken through this campaign are designed and implemented in a
292	292	manner that affirmatively furthers fair housing and offers
293	293	desegregated housing location choices to the beneficiaries and
294	294	shall further ensure that no state action or policy under the
295	295	campaign forces an elderly or disabled individual to forgo living
296	296	independently in order to obtain services in an institutional
297	297	setting.
298	298	Sec. 2306.1124 TEXAS HOUSING INDEPENDENCE CAMPAIGN SERVICE
299	299	ENRICHED HOUSING INITIATIVE. (a) The task force shall plan and take
300	300	necessary actions to improve coordination between housing and
301	301	health services programs to increase state efforts to offer
302	302	service-enriched housing including:
303	303	(1) identify barriers preventing or slowing service-
304	304	enriched housing efforts. The barriers to be examined shall
305	305	include, but not be limited to regulatory, administrative, funding,
306	306	and coordination;
307	307	(2) develop a system and plan to cross-educate
308	308	selected staff in agencies represented on the task force and other
309	309	state and local agencies to increase the number of staff with
310	310	expertise in both areas;
311	311	(3) identify opportunities for state housing and
312	312	health service agencies to provide technical assistance and
313	313	training to local housing and health service entities about cross
314	314	education of staff, cross agency coordination, and opportunities to
315	315	increase local efforts to create service-enriched housing;
316	316	(4) develop suggested performance measures to track
317	317	progress in:
318	318	(A) reducing or eliminating barriers in creating
319	319	service-enriched housing;
320	320	(B) increasing the coordination between housing
321	321	and health services agencies;
322	322	(C) increasing the number of state housing and
323	323	health services staff cross-educated and/or with expertise in both
324	324	housing and health services programs; and
325	325	(D) increasing the provision of state housing and
326	326	health services staff providing technical assistance to local
327	327	communities to increase the number of service-enriched housing
328	328	projects; and
329	329	(6) implement the plan though the Texas Housing
330	330	Independence Campaign and to track the progress of implementation.
331	331	(7) The task force shall include in the report
332	332	provided for in Sec. 2306.1118 a report on the progress of the
333	333	program described in this section.
334	334	(b) In undertaking program activities described in this
335	335	section, the task force shall ensure that the provision of service
336	336	enriched housing is available to beneficiaries on an equal basis
337	337	whether they choose to move from their existing home to a housing
338	338	development with enriched services or whether they elect to receive
339	339	the services within another private home of their own choice. The
340	340	task force shall act to ensure that no state action or policy forces
341	341	an elderly or disabled individual to choose between living
342	342	independently and obtaining services in an institutional setting.
343	343	SECTION 2. Chapter 487, Government Code, is amended by
344	344	adding Section 487.0542, to read as follows:
345	345	Sec. 487.0542. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
346	346	CAMPAIGN. The office shall designate a representative to the Texas
347	347	Housing Independence Campaign Task Force under Section 2306.1115,
348	348	Government Code, shall implement the plan enacted, and take all
349	349	other actions required to achieve the goals of the Texas Housing
350	350	Independence Campaign under Subchapter NN, Chapter 2306,
351	351	Government Code.
352	352	SECTION 3. Chapter 12, Utilities Code, is amended by adding
353	353	Section 12.104, to read as follows:
354	354	Sec. 12.104. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
355	355	CAMPAIGN. The commission shall designate a representative to the
356	356	Texas Housing Independence Campaign Task Force under Section
357	357	2306.1115, Government Code, shall implement the plan enacted, and
358	358	take all other actions required to achieve the goals of the Texas
359	359	Housing Independence Campaign under Subchapter NN, Chapter 2306,
360	360	Government Code.
361	361	SECTION 4. Chapter 161, Human Resources Code, is amended by
362	362	adding Section 161.0711, to read as follows:
363	363	Sec. 161.0711. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
364	364	CAMPAIGN. The department shall designate a representative to the
365	365	Texas Housing Independence Campaign Task Force under Section
366	366	2306.1115, Government Code, shall implement the plan enacted, and
367	367	take all other actions required to achieve the goals of the Texas
368	368	Housing Independence Campaign under Subchapter NN, Chapter 2306,
369	369	Government Code.
370	370	SECTION 5. Chapter 101, Human Resources Code, is amended by
371	371	adding Section 101.0222, to read as follows:
372	372	Sec. 101.0222. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
373	373	CAMPAIGN. The department shall designate a representative to the
374	374	Texas Housing Independence Campaign Task Force under Section
375	375	2306.1115, Government Code, shall implement the plan enacted, and
376	376	take all other actions required to achieve the goals of the Texas
377	377	Housing Independence Campaign under Subchapter NN, Chapter 2306,
378	378	Government Code.
379	379	SECTION 6. Chapter 22, Human Resources Code, is amended by
380	380	adding Section 22.0012, to read as follows:
381	381	Sec. 22.0012. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
382	382	CAMPAIGN. The department shall designate a representative to the
383	383	Texas Housing Independence Campaign Task Force under Section
384	384	2306.1115, Government Code, shall implement the plan enacted, and
385	385	take all other actions required to achieve the goals of the Texas
386	386	Housing Independence Campaign under Subchapter NN, Chapter 2306,
387	387	Government Code.
388	388	SECTION 7. Chapter 2306, Government Code, is amended by
389	389	adding Section 2306.5549, to read as follows:
390	390	Sec. 2306.5549. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
391	391	CAMPAIGN. The corporation shall designate a representative to the
392	392	Texas Housing Independence Campaign Task Force under Section
393	393	2306.1115, Government Code, shall implement the plan enacted, and
394	394	take all other actions required to achieve the goals of the Texas
395	395	Housing Independence Campaign under Subchapter NN, Chapter 2306,
396	396	Government Code.
397	397	SECTION 8. Chapter 117, Human Resources Code, is amended by
398	398	adding Section 117.0711, to read as follows:
399	399	Sec. 117.0711. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
400	400	CAMPAIGN. The department shall designate a representative to the
401	401	Texas Housing Independence Campaign Task Force under Section
402	402	2306.1115, Government Code, shall implement the plan enacted, and
403	403	take all other actions required to achieve the goals of the Texas
404	404	Housing Independence Campaign under Subchapter NN, Chapter 2306,
405	405	Government Code.
406	406	SECTION 9. Chapter 533, Health and Safety Code, is amended
407	407	by adding Section 533.0021, to read as follows:
408	408	Sec. 533.0021. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
409	409	CAMPAIGN. The department shall designate a representative to the
410	410	Texas Housing Independence Campaign Task Force under Section
411	411	2306.1115, Government Code, shall implement the plan enacted, and
412	412	take all other actions required to achieve the goals of the Texas
413	413	Housing Independence Campaign under Subchapter NN, Chapter 2306,
414	414	Government Code.
415	415	SECTION 10. This Act takes effect September 1, 2009.