Texas 2009 - 81st Regular

Texas House Bill HB4094 Compare Versions

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1	1	81R10345 ACP-F
2	2	By: Davis of Dallas H.B. No. 4094
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state and municipal actions to ensure compliance with
8	8	fair housing requirements.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 301, Property Code, is amended by adding
11	11	Subchapter J to read as follows:
12	12	SUBCHAPTER J. STATE AND MUNICIPAL ACTIONS FOR
13	13	FAIR HOUSING
14	14	Sec. 301.201. ADMINISTRATION OF STATE PROGRAMS AND
15	15	ACTIVITIES RELATING TO HOUSING AND URBAN DEVELOPMENT. Each state
16	16	agency shall administer its programs and activities relating to
17	17	housing and urban development in a manner that affirmatively
18	18	furthers the goals of fair housing under this chapter.
19	19	Sec. 301.202. GOVERNOR'S FAIR HOUSING ADVISORY COUNCIL. (a)
20	20	In this section, "council" means the governor's fair housing
21	21	advisory council.
22	22	(b) The governor's fair housing advisory council is
23	23	established. The council is composed of the heads of each of the
24	24	following state agencies:
25	25	(1) the Office of Rural Community Affairs;
26	26	(2) the Health and Human Services Commission;
27	27	(3) the Texas Department of Transportation;
28	28	(4) the Texas Education Agency;
29	29	(5) the Texas Department of Housing and Community
30	30	Affairs; and
31	31	(6) any other state agencies designated by the
32	32	governor.
33	33	(c) The executive director of the Texas Department of
34	34	Housing and Community Affairs serves as the presiding officer of
35	35	the council.
36	36	(d) The council shall review the design and delivery of
37	37	state programs and activities relating to housing and urban
38	38	development to ensure that the programs and activities support a
39	39	coordinated strategy to affirmatively further the goals of fair
40	40	housing under this chapter. As necessary to achieve the goals of
41	41	this chapter, the council shall:
42	42	(1) propose revisions to existing programs or
43	43	activities;
44	44	(2) develop pilot programs and activities; and
45	45	(3) propose new programs and activities.
46	46	(e) In support of the council's goal of cooperative efforts
47	47	among all state agencies, the executive director of the Texas
48	48	Department of Housing and Community Affairs shall:
49	49	(1) cooperate with, and render assistance to, the
50	50	heads of all state agencies in the formulation of policies and
51	51	procedures to:
52	52	(A) affirmatively further fair housing goals;
53	53	and
54	54	(B) provide information and guidance on the
55	55	affirmative administration of programs and activities relating to
56	56	housing and urban development and the protection of the rights
57	57	accorded by this chapter; and
58	58	(2) develop with other state agencies memoranda of
59	59	understanding and any necessary implementing procedures designed
60	60	to provide for consultation and the coordination of state efforts
61	61	to further fair housing goals through the affirmative
62	62	administration of programs and activities relating to housing and
63	63	urban development.
64	64	(f) In implementing responsibilities under this subchapter,
65	65	the Texas Department of Housing and Community Affairs shall adopt
66	66	rules that describe:
67	67	(1) the functions, organization, and operations of the
68	68	council;
69	69	(2) the responsibilities and obligations of state
70	70	agencies in ensuring that programs and activities are administered
71	71	and executed in a manner that furthers fair housing;
72	72	(3) programs and activities that affirmatively
73	73	further the goals of fair housing; and
74	74	(4) a method to identify impediments in programs or
75	75	activities that restrict fair housing choice and implement
76	76	incentives that will maximize the success of practices that
77	77	affirmatively further fair housing goals.
78	78	Sec. 301.203. MUNICIPALITIES. Each municipality shall
79	79	administer municipal programs and activities relating to housing
80	80	and urban development in a manner that affirmatively furthers the
81	81	goals of fair housing under this chapter.
82	82	Sec. 301.204. ANNUAL REPORT. (a) The Texas Department of
83	83	Housing and Community Affairs shall prepare an annual report
84	84	describing the progress of the department and other state agencies
85	85	in carrying out requirements and responsibilities under this
86	86	subchapter.
87	87	(b) The department shall submit the report required under
88	88	Subsection (a) not later than December 1 of each year to the
89	89	governor, the lieutenant governor, the speaker of the house of
90	90	representatives, and the appropriate committees of the senate and
91	91	the house of representatives.
92	92	SECTION 2. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2009.