81R10345 ACP-F
By: Davis of Dallas H.B. No. 4094
A BILL TO BE ENTITLED
AN ACT
relating to state and municipal actions to ensure compliance with
fair housing requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 301, Property Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. STATE AND MUNICIPAL ACTIONS FOR
FAIR HOUSING
Sec. 301.201. ADMINISTRATION OF STATE PROGRAMS AND
ACTIVITIES RELATING TO HOUSING AND URBAN DEVELOPMENT. Each state
agency shall administer its programs and activities relating to
housing and urban development in a manner that affirmatively
furthers the goals of fair housing under this chapter.
Sec. 301.202. GOVERNOR'S FAIR HOUSING ADVISORY COUNCIL. (a)
In this section, "council" means the governor's fair housing
advisory council.
(b) The governor's fair housing advisory council is
established. The council is composed of the heads of each of the
following state agencies:
(1) the Office of Rural Community Affairs;
(2) the Health and Human Services Commission;
(3) the Texas Department of Transportation;
(4) the Texas Education Agency;
(5) the Texas Department of Housing and Community
Affairs; and
(6) any other state agencies designated by the
governor.
(c) The executive director of the Texas Department of
Housing and Community Affairs serves as the presiding officer of
the council.
(d) The council shall review the design and delivery of
state programs and activities relating to housing and urban
development to ensure that the programs and activities support a
coordinated strategy to affirmatively further the goals of fair
housing under this chapter. As necessary to achieve the goals of
this chapter, the council shall:
(1) propose revisions to existing programs or
activities;
(2) develop pilot programs and activities; and
(3) propose new programs and activities.
(e) In support of the council's goal of cooperative efforts
among all state agencies, the executive director of the Texas
Department of Housing and Community Affairs shall:
(1) cooperate with, and render assistance to, the
heads of all state agencies in the formulation of policies and
procedures to:
(A) affirmatively further fair housing goals;
and
(B) provide information and guidance on the
affirmative administration of programs and activities relating to
housing and urban development and the protection of the rights
accorded by this chapter; and
(2) develop with other state agencies memoranda of
understanding and any necessary implementing procedures designed
to provide for consultation and the coordination of state efforts
to further fair housing goals through the affirmative
administration of programs and activities relating to housing and
urban development.
(f) In implementing responsibilities under this subchapter,
the Texas Department of Housing and Community Affairs shall adopt
rules that describe:
(1) the functions, organization, and operations of the
council;
(2) the responsibilities and obligations of state
agencies in ensuring that programs and activities are administered
and executed in a manner that furthers fair housing;
(3) programs and activities that affirmatively
further the goals of fair housing; and
(4) a method to identify impediments in programs or
activities that restrict fair housing choice and implement
incentives that will maximize the success of practices that
affirmatively further fair housing goals.
Sec. 301.203. MUNICIPALITIES. Each municipality shall
administer municipal programs and activities relating to housing
and urban development in a manner that affirmatively furthers the
goals of fair housing under this chapter.
Sec. 301.204. ANNUAL REPORT. (a) The Texas Department of
Housing and Community Affairs shall prepare an annual report
describing the progress of the department and other state agencies
in carrying out requirements and responsibilities under this
subchapter.
(b) The department shall submit the report required under
Subsection (a) not later than December 1 of each year to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the appropriate committees of the senate and
the house of representatives.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.