By: Davis of Dallas H.B. No. 3540
A BILL TO BE ENTITLED
AN ACT
relating to the provision of housing, weatherization and energy
assistance to persons who are elderly, homeless or with
disabilities through the establishment of the Texas Housing
Independence Campaign.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2306, Government Code, is amended by
adding Subchapter NN to read as follows:
SUBCHAPTER NN. TEXAS HOUSING INDEPENDENCE CAMPAIGN
Sec. 2306.1110. SHORT TITLE. This subchapter may be cited
as the Texas Housing Independence Campaign.
Sec. 2306.1111. PURPOSE. The purpose of this subchapter is
to promote housing independence and prevent unnecessary and
expensive institutionalization of the state's extremely low-income
elderly and homeless populations and persons with disabilities.
Sec. 2306.1112. GOALS. The goal of the Texas Housing
Independence Campaign is to:
(a) Reduce, by 2020 by at least 20 percent the number of
those individuals desiring and capable of living independently who
are compelled to reside in Medicaid supported nursing homes, state
institutions and publicly supported homeless shelters by making it
possible for these individuals to remain and live independently in
privately owned housing especially their own homes;
(b) Ensure households assisted under this program in each
region are in approximate proportion to the number of eligible
individuals and households residing within each of the various
regions of the state;
(d) Develop new, more cost effective programs and
strategies to utilize existing public and private resources to
provide housing and reduce the residential energy cost burden on
extremely low income homeless, elderly and households that include
persons with disabilities;
(e) Affirmatively further fair housing opportunities by
making available non-institutionalized housing opportunities to
extremely low income homeless persons, elderly persons and
households that include persons with disabilities; and
(f) Coordinate housing and health services to meet demands
of aging, disabled and homeless extremely low income individuals by
promoting service enriched housing opportunities within a wide
range of private housing including homes owned and rented by these
individuals, especially their existing homes.
Sec. 2306.1113. DEFINITIONS. In this subchapter:
(1) "Advisory members" means a representative of the
public or private industry, appointed by the Governor to meet with
and advise the Task Force;
(2) "Campaign plan" means a single unified plan as
amended that is developed and approved by the task force to achieve
the goals of the Texas Housing Indepence Campaign;
(3) "Extremely low-income" means a household with a
combined income of 150 percent or less of the federal poverty level;
(4) "Non-institutionalized residence" means a
privately owned home, apartment or group home;
(5) "Participating agencies" means the Texas
Department of Housing and Community Affairs, Texas Department of
Human Services, Texas Department of Mental Health and Mental
Retardation, Texas Department on Aging and Disability Services,
Public Utility Commission, Texas State Affordable Housing
Corporation, Department of Assistive and Rehabilitative Services
and the Office of Rural Community Affairs;
(6) "Service-enriched housing" means living
arrangements that include health and/or social services in an
accessible, supportive environment; and
(7) "Task force" means Texas Housing Independence
Campaign Task Force comprised of state agency and department
representative and appointees of the Governor having
responsibility for the planning, implementation and reporting on
the Texas Housing Independence Campaign.
Sec. 2306.1114. ADMINISTRATIVE AND RULEMAKING AUTHORITY.
(a) A regulatory official has broad authority to
administer, interpret, and enforce this subchapter.
(b) A rulemaking authority has broad authority to adopt
rules to implement this subchapter to carry out the legislature's
intent.
Sec. 2306.1115. COMPOSITION OF THE TASK FORCE. (a) The
Texas Housing Independence Campaign Task Force shall be composed
of:
(1) one representative from each of the following
agencies, appointed by the administrative head of that agency:
(A) the Texas Department of Human Services;
(B) the Texas Department of Mental Health and
Mental Retardation;
(C) the Texas Department on Aging and Disability
Services;
(D) the Texas State Affordable Housing
Corporation;
(E) the Department of Assistive and
Rehabilitative Services;
(F) the Public Utility Commission; and
(G) the Office of Rural Community Affairs.
(2) two representatives from the department,
including the executive director and a designee of the executive
director; and
(3) three members representing advocacy organizations
and service providers to the homeless, one each appointed by the
governor, the lieutenant governor, and the speaker of the house of
representatives.
(4) three members representing advocacy organizations
and service providers to the elderly, one each appointed by the
governor, the lieutenant governor, and the speaker of the house of
representatives.
(5) three members representing advocacy organizations
and service providers to persons with disabilities, one each
appointed by the governor, the lieutenant governor, and the speaker
of the house of representatives.
(b) A member of the task force serves at the pleasure of the
appointing official or until termination of the member's employment
with the entity the member represents.
(c) A member of the representing a state agency or
department on the task force must have:
(1) administrative responsibility for programs for
the homeless, disabled, or senior housing or related services
provided by the agency that the member represents; and
(2) authority to make decisions for and commit
resources of the agency, subject to the approval of the
administrative head and/or board of directors of the agency.
Sec. 2306.1116. OPERATION OF TASK FORCE. (a) The executive
director of the department shall chair the task force.
(b) The task force shall meet at least quarterly.
(c) A record shall be taken of attendance and minutes
produced which shall be included in the annual report provided for
in Sec. 2306.1118.
(c) An action taken by the task force must be approved by a
majority vote of the members present.
(d) The task force may select and use advisors.
(e) The department shall provide clerical and advisory
support staff to the task force.
Sec. 2306.1117. GIFTS AND GRANTS. The task force may accept
gifts and grants from a public or private source for use in carrying
out the task force's duties under this subchapter.
Sec. 2306.1118. DUTIES OF THE TASK FORCE. The task force
shall:
(1) coordinate interdepartmental and interagency
plans and develop a unified campaign plan to achieve the goals of
the Texas Housing Independence Campaign;
(2) determine the programmatic approaches, levels of
funding and funding sources necessary to carry out the campaign
plan to achieve the goals of the Texas Housing Independence
Campaign;
(3) research housing needs and programs to achieve the
goals of the Texas Housing Independence Campaign; and
(4) aggregate, analyze and report the program
initiatives and funding commitments of each participating
department and agency for activities under the Texas Housing
Independence Campaign, and certify whether sufficient programs and
resources have been committed to meet the campaign plan and goals.
(5) by September 1 of each year submit to the Governor,
Lt. Governor, Speaker, the Legislative Budget Board and to the
department's legislative oversight committees and the legislative
oversight committees of the Office of Rural Community Affairs the
campaign plan and subsequent yearly revisions to the campaign plan
that include an accounting of the funds allocated, funds expended
and the number and geographic, demographic and economic
characteristics of persons served by each participating department
and agency through the campaign plan.
Sec. 2306.1119 FUNDING. (a) Notwithstanding other law,
participating agencies shall revise their existing program
services and funding rules to permit them to contribute adequate
program resources and target services as necessary to achieve the
goals of the campaign plan.
(b) The department and the Office of Rural Community Affairs
shall specifically assign housing funding and community
development block grants, housing tax credits, weatherization,
Texas Housing Trust Fund, program revenues, program income, excess
proceeds from any related activities, energy assistance funds as
well as any other resources available to the department and the
Office of Rural Community Affairs at levels sufficient to meet the
requirements of the campaign plan.
(c) The Texas State Affordable Housing Corporation shall
assign the highest priority to using any program income, grant
funds, bond refunding proceeds and existing or future surplus funds
available to the corporation to fund activities recommended by the
task force to achieve the campaign plan.
(d) The department, the Office of Rural Community Affairs
and the Texas State Affordable Housing Corporation shall amend
their strategic plans to increase the number of new and
rehabilitated, integrated, affordable housing units for extremely
low income people with disabilities the elderly and homeless
populations at risk of being compelled to seek publicly supported
institutionalized housing or shelter through new construction,
rehabilitation and reuse, or tenant rental assistance by a number
necessary to meet the campaign plan.
Sec. 2306.1120 TEXAS HOUSING INDEPENDENCE CAMPAIGN HOUSING
ASSISTANCE PROGRAM. (a) A program shall be established to build or
rehabilitate housing units of the type designated by
recommendations of the task force consistent with the goals of the
Texas Housing Independence Campaign.
(b) Program rules, contracts, procurement procedures and
other aspects of the administration of the program shall be the
responsibility of the agency administering the funds.
(c) The aggregate number of new or rehabilitated housing
units to be included in the department's, the Office of Rural
Community Affairs and the Texas State Affordable Housing
Corporation's strategic plans shall not be less than 5,000 per
biennium with a minimum of 3,500 housing units to be assisted by
funds from the department, a minimum of 1,000 units to be assisted
with funds from the Office of Rural Community Affairs and a minimum
of 500 units to be assisted by the Texas State Affordable Housing
Corporation.
(d) The department, the Office of Rural Community Affairs
and the Texas State Affordable Housing Corporation shall, through
the Texas Housing Independence Campaign Task Force, develop and
market an adequate portion of these housing units to meet the
housing needs of individuals relocated as a result of any closing or
consolidation of residential care facilities operated or
maintained by the State of Texas.
Sec. 2306.1121. TEXAS HOUSING INDEPENDENCE CAMPAIGN
RESIDENTIAL ARCHITECTURAL BARRIER REMOVAL PROGRAM. (a) The
department and the Office of Rural Community Affairs shall
cooperate to develop rules and procedures to establish the program;
(b) The department and the Office of Rural Community Affairs
shall each expend no less than $5 million from funds available to
carry out a $10 million Texas Residential Barrier Removal Grant
Program to assist not less than 3,000 elderly or disabled Texas
households to remain in their homes each year.
(c) The Office of Rural Community Affairs shall administer
the program to serve beneficiaries residing in that portion of the
state that lies outside of Participating Jurisdictions under the
Community Development Block Grant program and the Texas Department
of Housing and Community Affairs shall administer that portion of
the program that serves beneficiaries residing in the remainder of
the state.
(d) The department and the Office of Rural Community Affairs
shall cooperate to provide local communities, nonprofit and for
profit organizations desiring to participate in this program the
necessary technical assistance to successfully implement a
program.
Sec. 2306.1122 TEXAS HOUSING INDEPENDENCE CAMPAIGN ENERGY
COST BURDEN REDUCTION PROGRAM (a) The Texas Department of Housing
and Community Affairs and the Office of Rural Community Affairs
shall develop and undertake a program to reduce the energy costs of
extremely low income elderly and disabled households whose energy
costs exceed twenty percent of their gross income over the
preceding 12 month period.
(b) The Public Utility Commission, shall cooperate with the
department and the Office of Rural Community Affairs to research
and monitor the effectiveness of the program's efforts to reduce
the cost of utilities and to recommend and support demonstration
programs to be undertaken by the department and the Office of Rural
Community Affairs under this section in order to test program
initiatives to reduce the energy cost burden on households provided
in subparagraph (a).
(c) Low Income Homeowner Energy Assistance Program and
federal weatherization grant funds secured as a part of the regular
federal allocation and through supplemental federal appropriations
shall be prioritized, consistent with the actions necessary to
fully draw down and utilize all available federal funding from
these sources, to serve the households provided in subparagraph
(a). These funds shall be coordinated with other initiatives to
develop, modify and rehabilitate housing to assist the target
populations under this section to stay out of or to exit from
publicly supported institutional housing, state schools or
shelters and to return to privately owned housing.
(d) The program shall be administered in a manner that
ensures that eligible beneficiaries in small cities and rural
communities receive a share of the campaign resources in proportion
to their share of the state's eligible population.
(e) Funds appropriated from the System Benefit Fund for
purposes of implementing this section may be used in conjunction
with the Weatherization Program to provide for additional
weatherization above the maximum levels provided for with federal
funds and to provide passive solar energy, solar water heating,
high efficiency heating and cooling systems and energy efficient
appliances to equip the homes of at least 3,000 elderly or disabled
Texans with such improvements.
(f) Eligible households shall be those that meet the income
qualifications of the campaign and whose utility bills for the
previous 12 months exceed 20 percent of gross income.
(g) In conjunction with the Public Utility Commission, the
department shall design this program, to the extent possible, to
provide passive solar energy and water heating systems in such a
manner that the systems are provided on a no cost lease basis and
will be recovered when the household no longer needs the system and
reinstalled at the home of another eligible household.
(h) Maximum program benefits for weatherization and home
repairs related to energy cost reductions, excluding passive solar
energy and solar water heating under this section may not exceed
$15,000 per household. The maximum cost of passive solar energy
and/or solar water heating system not permanently affixed to a
house but instead designed to be recovered and reused shall not
exceed $20,000 per household.
(f) The Public Utility Commission shall monitor and report
on the cost effectiveness of this program and make recommendations
for the improvement and efficiency of the program through the
reports provided in Sec. 2306.1118.
Sec. 2306.1123. DISTRIBUTION OF PROGRAM RESOURCES. The task
force shall develop recommendations to ensure all programs
undertaken through this campaign are designed and implemented in a
manner that affirmatively furthers fair housing and offers
desegregated housing location choices to the beneficiaries and
shall further ensure that no state action or policy under the
campaign forces an elderly or disabled individual to forgo living
independently in order to obtain services in an institutional
setting.
Sec. 2306.1124 TEXAS HOUSING INDEPENDENCE CAMPAIGN SERVICE
ENRICHED HOUSING INITIATIVE. (a) The task force shall plan and take
necessary actions to improve coordination between housing and
health services programs to increase state efforts to offer
service-enriched housing including:
(1) identify barriers preventing or slowing service-
enriched housing efforts. The barriers to be examined shall
include, but not be limited to regulatory, administrative, funding,
and coordination;
(2) develop a system and plan to cross-educate
selected staff in agencies represented on the task force and other
state and local agencies to increase the number of staff with
expertise in both areas;
(3) identify opportunities for state housing and
health service agencies to provide technical assistance and
training to local housing and health service entities about cross
education of staff, cross agency coordination, and opportunities to
increase local efforts to create service-enriched housing;
(4) develop suggested performance measures to track
progress in:
(A) reducing or eliminating barriers in creating
service-enriched housing;
(B) increasing the coordination between housing
and health services agencies;
(C) increasing the number of state housing and
health services staff cross-educated and/or with expertise in both
housing and health services programs; and
(D) increasing the provision of state housing and
health services staff providing technical assistance to local
communities to increase the number of service-enriched housing
projects; and
(6) implement the plan though the Texas Housing
Independence Campaign and to track the progress of implementation.
(7) The task force shall include in the report
provided for in Sec. 2306.1118 a report on the progress of the
program described in this section.
(b) In undertaking program activities described in this
section, the task force shall ensure that the provision of service
enriched housing is available to beneficiaries on an equal basis
whether they choose to move from their existing home to a housing
development with enriched services or whether they elect to receive
the services within another private home of their own choice. The
task force shall act to ensure that no state action or policy forces
an elderly or disabled individual to choose between living
independently and obtaining services in an institutional setting.
SECTION 2. Chapter 487, Government Code, is amended by
adding Section 487.0542, to read as follows:
Sec. 487.0542. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
CAMPAIGN. The office shall designate a representative to the Texas
Housing Independence Campaign Task Force under Section 2306.1115,
Government Code, shall implement the plan enacted, and take all
other actions required to achieve the goals of the Texas Housing
Independence Campaign under Subchapter NN, Chapter 2306,
Government Code.
SECTION 3. Chapter 12, Utilities Code, is amended by adding
Section 12.104, to read as follows:
Sec. 12.104. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
CAMPAIGN. The commission shall designate a representative to the
Texas Housing Independence Campaign Task Force under Section
2306.1115, Government Code, shall implement the plan enacted, and
take all other actions required to achieve the goals of the Texas
Housing Independence Campaign under Subchapter NN, Chapter 2306,
Government Code.
SECTION 4. Chapter 161, Human Resources Code, is amended by
adding Section 161.0711, to read as follows:
Sec. 161.0711. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
CAMPAIGN. The department shall designate a representative to the
Texas Housing Independence Campaign Task Force under Section
2306.1115, Government Code, shall implement the plan enacted, and
take all other actions required to achieve the goals of the Texas
Housing Independence Campaign under Subchapter NN, Chapter 2306,
Government Code.
SECTION 5. Chapter 101, Human Resources Code, is amended by
adding Section 101.0222, to read as follows:
Sec. 101.0222. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
CAMPAIGN. The department shall designate a representative to the
Texas Housing Independence Campaign Task Force under Section
2306.1115, Government Code, shall implement the plan enacted, and
take all other actions required to achieve the goals of the Texas
Housing Independence Campaign under Subchapter NN, Chapter 2306,
Government Code.
SECTION 6. Chapter 22, Human Resources Code, is amended by
adding Section 22.0012, to read as follows:
Sec. 22.0012. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
CAMPAIGN. The department shall designate a representative to the
Texas Housing Independence Campaign Task Force under Section
2306.1115, Government Code, shall implement the plan enacted, and
take all other actions required to achieve the goals of the Texas
Housing Independence Campaign under Subchapter NN, Chapter 2306,
Government Code.
SECTION 7. Chapter 2306, Government Code, is amended by
adding Section 2306.5549, to read as follows:
Sec. 2306.5549. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
CAMPAIGN. The corporation shall designate a representative to the
Texas Housing Independence Campaign Task Force under Section
2306.1115, Government Code, shall implement the plan enacted, and
take all other actions required to achieve the goals of the Texas
Housing Independence Campaign under Subchapter NN, Chapter 2306,
Government Code.
SECTION 8. Chapter 117, Human Resources Code, is amended by
adding Section 117.0711, to read as follows:
Sec. 117.0711. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
CAMPAIGN. The department shall designate a representative to the
Texas Housing Independence Campaign Task Force under Section
2306.1115, Government Code, shall implement the plan enacted, and
take all other actions required to achieve the goals of the Texas
Housing Independence Campaign under Subchapter NN, Chapter 2306,
Government Code.
SECTION 9. Chapter 533, Health and Safety Code, is amended
by adding Section 533.0021, to read as follows:
Sec. 533.0021. COMPLIANCE WITH TEXAS HOUSING INDEPENDENCE
CAMPAIGN. The department shall designate a representative to the
Texas Housing Independence Campaign Task Force under Section
2306.1115, Government Code, shall implement the plan enacted, and
take all other actions required to achieve the goals of the Texas
Housing Independence Campaign under Subchapter NN, Chapter 2306,
Government Code.
SECTION 10. This Act takes effect September 1, 2009.