By: Lucio S.B. No. 1758
A BILL TO BE ENTITLED
AN ACT
relating to the provision of affordable housing in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 2306, Government Code, is
amended by adding Section 2306.079 to read as follows:
Sec. 2306.079. APPLICATION PROCESS FOR SINGLE FAMILY
HOUSING LOANS. (a) The department shall establish and maintain an
electronic tracking and notification service by which applicants
for single family housing loans offered by the department may
receive updated information regarding the application process and
their specific application status:
(1) through individualized electronic mail sent to an
applicant during each stage of the application process by the
department; and
(2) by entering on the department's Internet website
the tracking number assigned to a particular application.
(b) Information made available to each applicant regarding
the application process must include:
(1) the projected closing date of the loan;
(2) the projected time required for evaluating the
application during each stage of the application process; and
(3) staff telephone numbers and e-mail addresses for
each stage of the application process.
(c) Information made available to each applicant regarding
the status of the application must include real-time communication
regarding:
(1) the movement of the application from one stage of
the application process to another; and
(2) any major delay or unexpected department action
that could affect the actual closing date of the loan.
(d) To provide increased public access to internal
department decision-making regarding the processing of single
family housing loan applications, the department by rule shall
establish objective criteria that will govern any special
consideration or priority given to applications for single family
housing loans, other than criteria specifically required or
permitted by law.
(e) The department shall expedite or otherwise handle
single family housing loan applications outside the ordinary course
of application processing only as required or permitted by law or
department rule.
(f) On the department's Internet website, the department
shall identify and describe the rationale or basis for any special
consideration or priority given to specific single family housing
loan applications that were expedited or otherwise handled outside
the ordinary course of application processing.
SECTION 2. Subchapter E, Chapter 2306, Government Code, is
amended by adding Section 2306.098 to read as follows:
Sec. 2306.098. RURAL HOUSING FIELD OFFICES. (a) The board
by rule shall:
(1) establish field offices in rural areas of each
uniform state service region to assist political subdivisions and
nonprofit entities in developing or administering affordable
housing programs in those areas; and
(2) specify the duties for each field office.
(b) The rules under Subsection (a) must include the
following duties for each field office:
(1) identifying affordable housing needs for rural
areas of the uniform state service region in which the field office
is located;
(2) identifying state and federal programs that may
address the needs identified under Subdivision (1);
(3) facilitating the development of relationships
that will assist in building local capacity to address the needs
identified under Subdivision (1); and
(4) providing information regarding state programs to
assist in the development of affordable housing for rural areas of
the uniform state service region in which the field office is
located.
SECTION 3. Chapter 2306, Government Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. OFFICE OF RURAL COMMUNITY AND SMALL MUNICIPALITY
HOUSING INITIATIVES
Sec. 2306.301. DEFINITION. In this subchapter, "office"
means the office established under Section 2306.302 to support
rural community and small municipality housing initiatives.
Sec. 2306.302. ESTABLISHMENT OF OFFICE. (a) The
department shall establish an office to support rural community and
small municipality housing initiatives.
(b) The department by rule shall define for purposes of this
subchapter:
(1) a rural community; and
(2) a small municipality.
(c) Subject to available funding, the department by rule may
establish not more than seven field offices as part of the office.
(d) The office shall work with each regional council of
government to:
(1) match housing sponsors to the housing needs of
rural communities and small municipalities; and
(2) identify available sources of funds for those
housing needs.
(e) The office shall use funds available from the housing
trust fund established under Section 2306.201 to administer
capacity building programs for rural communities and small
municipalities.
(f) The office shall coordinate a meeting at least two times
each year between department program directors and representatives
of rural communities and small municipalities to discuss best
practices for rural community and small municipality housing
initiatives.
(g) The office shall establish an online clearinghouse of
information relating to best practices for rural community and
small municipality housing initiatives.
(h) The director may assign additional duties to the office.
Sec. 2306.303. REGIONAL HOUSING DEVELOPMENT ORGANIZATIONS.
(a) The office shall establish regional nonprofit housing
development organizations that serve rural communities and small
municipalities in accordance with the purposes of this subchapter.
(b) To implement this section, the department may use any
money available to the department for the purpose, including gifts,
grants, and donations and funds allocated to the state under the
federal HOME Investment Partnerships program established under
Title II of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. Section 12701 et seq.).
Sec. 2306.304. TRAINING. (a) The office annually shall
provide to elected officials, community organizations, nonprofit
organizations, and private developers a training course that
addresses housing programs and techniques that increase housing
opportunities in rural communities and small municipalities. The
office shall provide the course at an appropriate location selected
by the office and shall make the course available online in real
time.
(b) The department periodically shall also provide to
elected officials a training course regarding housing programs and
sources of funding for those programs.
Sec. 2306.305. HOUSING DEVELOPMENT PLANNING ASSISTANCE. On
the request of the governing body of a municipality or county, the
office shall assign an employee or independent contractor to assist
the municipality or county in:
(1) developing comprehensive housing plans for rural
communities and small municipalities in that county;
(2) supporting housing development initiatives in
those communities and municipalities; and
(3) identifying financial resources available for
those plans and initiatives.
Sec. 2306.306. RURAL COMMUNITY AND SMALL MUNICIPALITY
HOUSING DEVELOPMENT PILOT PROJECTS. Notwithstanding other program
rules and procedures of the department, the department may
establish pilot projects to test and develop new approaches to
providing housing in rural communities and small municipalities
for:
(1) individuals and families of low income; and
(2) individuals and families of very low income.
Sec. 2306.307. AGRICULTURAL WORKER HOUSING INITIATIVE.
(a) The office shall fund housing initiatives that serve
agricultural workers and their families, including:
(1) new housing initiatives;
(2) housing rehabilitation initiatives; or
(3) tenant-based rental assistance.
(b) The office may designate as a pilot project a housing
initiative implemented under this section for agricultural workers
and their families.
(c) The office shall coordinate with appropriate divisions
of the department to:
(1) document agricultural worker housing needs;
(2) determine whether a housing need documented by the
department is critical; and
(3) develop initiatives to address those housing
needs.
(d) The department may use any available funds to implement
this section, including gifts, grants, and donations and funds
allocated to the department under the federal HOME Investment
Partnerships program established under Title II of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
Section 12701 et seq.).
(e) In this section, "agricultural worker":
(1) means a person who receives a substantial portion
of income from employment that involves:
(A) the primary production of agricultural or
aquacultural commodities; or
(B) the handling of agricultural or aquacultural
commodities in an unprocessed state, including handling those
commodities in a feedlot or a meat processing plant; and
(2) includes a person who is retired or disabled but
was employed as described by Subdivision (1) at the time of that
person's retirement or disablement.
SECTION 4. Section 2306.753(d), Government Code, is amended
to read as follows:
(d) At least two-thirds of the dollar amount of loans made
under this subchapter in each fiscal year must be made to borrowers
whose property is located in a county that is in a census tract that
has a median household income that is not greater than 75 percent of
the median state household income for the most recent year for which
statistics are available [eligible to receive financial assistance
under Subchapter K, Chapter 17, Water Code].
SECTION 5. Not later than December 31, 2011, the Texas
Department of Housing and Community Affairs shall establish the
electronic tracking and notification service required by Section
2306.079, Government Code, as added by this Act.
SECTION 6. Not later than October 1, 2011, the Texas
Department of Housing and Community Affairs shall adopt the rules
required by Subchapter N, Chapter 2306, Government Code, as added
by this Act.
SECTION 7. The change in law made by this Act in amending
Section 2306.753, Government Code, applies only to owner-builder
loans granted by the Texas Department of Housing and Community
Affairs on or after the effective date of this Act. An
owner-builder loan granted before the effective date of this Act is
governed by the law in effect at the time the loan was granted, and
the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2011.