By: Ellis S.B. No. 1861 A BILL TO BE ENTITLED AN ACT relating to certain programs and pilot programs administered by the Texas Department of Housing and Community Affairs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter E, Chapter 2306, Government Code, is amended by adding Sections 2306.0971 and 2306.0972 to read as follows: Sec. 2306.0971. SUPPLEMENTAL ASSISTANCE PROGRAM FOR CERTAIN WEATHERIZATION-RELATED MEASURES. (a) In addition to the Energy Services Program for Low-Income Individuals established under Section 2306.097, the department shall establish a program that provides financial assistance for residential weatherization-related measures that do not qualify for federal funds under the weatherization assistance program for low-income persons but that, if performed, would allow a person to receive that federal assistance. (b) The department by rule shall establish eligibility criteria for a person to receive financial assistance for residential weatherization-related measures described by Subsection (a). The criteria must ensure that any weatherization-related measures performed will allow a person to receive federal assistance under the weatherization assistance program. The income criteria must be equivalent to the income criteria for a person to receive federal assistance under the weatherization assistance program. Sec. 2306.0972. WEATHERIZATION PILOT PROGRAM. (a) The department may establish a pilot program to study the effectiveness of weatherization measures in increasing residential energy efficiency for individuals and families of low income. (b) If the department establishes a pilot program under this section, not later than December 1, 2010, the department shall submit a report to the legislature regarding its findings and recommendations under the pilot program. (c) This section expires September 1, 2011. SECTION 2. Subchapter K, Chapter 2306, Government Code, is amended by adding Section 2306.260 to read as follows: Sec. 2306.260. USE OF CERTAIN FEDERAL ASSISTANCE TO FUND PILOT PROGRAMS. The department may fund existing pilot programs or create new pilot programs as appropriate using federal supplemental appropriations under the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) or any other similar federal legislation that is enacted on or after January 1, 2009. This section expires December 31, 2011. SECTION 3. The Texas Department of Housing and Community Affairs shall adopt the rules required by Section 2306.0971, Government Code, as added by this Act, not later than December 1, 2009. SECTION 4. This Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision. SECTION 5. This Act takes effect September 1, 2009.