Texas 2015 - 84th Regular

Texas Senate Bill SB1635 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9503 JAM-D
2	2	By: Lucio S.B. No. 1635
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment and administration of a program by
8	8	the Texas Department of Housing and Community Affairs for the
9	9	demolition and replacement of unsafe housing.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter K, Chapter 2306, Government Code, is
12	12	amended by adding Section 2306.2595 to read as follows:
13	13	Sec. 2306.2595. TEXAS SAFE HOME PROGRAM. (a) The
14	14	department shall establish and administer a program to provide
15	15	financial assistance for the demolition and replacement of
16	16	owner-occupied single-family homes that are in a condition that
17	17	poses a risk to the health and safety of the occupants.
18	18	(b) The board shall adopt rules to implement the program
19	19	described by this section. Rules adopted under this section must
20	20	establish:
21	21	(1) procedures and forms for nominating a household
22	22	for participation in the program;
23	23	(2) eligibility criteria for participation in the
24	24	program, including criteria based on:
25	25	(A) the financial need of the household;
26	26	(B) the physical condition of the home; and
27	27	(C) other criteria the board considers
28	28	necessary;
29	29	(3) procedures for evaluating a household's
30	30	eligibility for participation in the program;
31	31	(4) a system that:
32	32	(A) prioritizes and maximizes the allocation of
33	33	available funds; and
34	34	(B) includes the assignment of eligible
35	35	households to specific funding priority levels that are designed to
36	36	ensure the most effective use of funds for the most exigent
37	37	circumstances; and
38	38	(5) the manner in which a nomination must be made and
39	39	the manner in which households will be assigned to a specific
40	40	funding priority level under the system described by Subdivision
41	41	(4).
42	42	(c) Funding priority levels described by Subsection
43	43	(b)(4)(B) must give high priority to:
44	44	(1) households with children, the elderly, or persons
45	45	with disabilities;
46	46	(2) households whose health and safety are at greatest
47	47	risk due to the continued occupancy of a home described by
48	48	Subsection (a); and
49	49	(3) households that:
50	50	(A) are eligible for and will receive third-party
51	51	contributions, including volunteer labor or additional loans,
52	52	grants, or other financial assistance; or
53	53	(B) will contribute labor in the demolition or
54	54	construction of the home.
55	55	(d) A household may be nominated for participation in the
56	56	program by a mayor, fire chief, fire marshal, volunteer fire chief,
57	57	county commissioner, or county judge filing a nomination with the
58	58	department.
59	59	(e) On receipt of a nomination regarding a household, the
60	60	department shall determine whether the household is eligible to
61	61	participate in the program. If the household is eligible, the
62	62	department shall establish a funding priority level for the
63	63	household.
64	64	(f) A household may not be required to participate in the
65	65	program.
66	66	(g) In determining whether a nominated household is
67	67	eligible for participation in the program and for the purpose of
68	68	establishing a funding priority level for the household, a
69	69	representative or designee of the manufactured housing division of
70	70	the department shall inspect the home with the homeowner and with
71	71	the person who nominated the household or that person's designee.
72	72	(h) Financial assistance administered under this section
73	73	may be provided in the form of a grant, partial grant, loan, or
74	74	forgivable loan.
75	75	(i) The department shall establish in the housing trust fund
76	76	a subaccount that may be used only for providing financial
77	77	assistance through the program established under this section. The
78	78	subaccount consists of:
79	79	(1) money deposited to the subaccount under Section
80	80	158.056, Tax Code;
81	81	(2) appropriations or transfers made to the
82	82	subaccount;
83	83	(3) unencumbered balances of the subaccount;
84	84	(4) public or private gifts, grants, or donations;
85	85	(5) investment income, including all interest,
86	86	dividends, capital gains, or other income from the investment of
87	87	any portion of the subaccount;
88	88	(6) repayments received on any loans made from the
89	89	subaccount; and
90	90	(7) funds from any other source.
91	91	(j) The department shall attempt to secure an agreement
92	92	with:
93	93	(1) private lending institutions for below market rate
94	94	loans for use in the program; and
95	95	(2) manufacturers of manufactured housing for the
96	96	provision of HUD-code manufactured homes at a discounted price.
97	97	(k) An entity that enters into an agreement with the
98	98	department under Subsection (j) may:
99	99	(1) be designated as an "Official Partner of the State
100	100	of Texas for Safe and Affordable Homes"; and
101	101	(2) use the designation described by Subdivision (1)
102	102	in advertising and promotion.
103	103	(l) The department may enter into a contract for the
104	104	administration of the program.
105	105	(m) Not later than September 1 of each year, the department
106	106	shall submit to the governor, the lieutenant governor, the speaker
107	107	of the house of representatives, and the state fire marshal a report
108	108	that documents for the preceding state fiscal year the number of
109	109	households that participated in the program, the nature of the
110	110	financial assistance provided under the program, and the amounts of
111	111	public and private financial assistance administered through the
112	112	program.
113	113	SECTION 2. Section 158.056, Tax Code, is amended by adding
114	114	Subsection (c) to read as follows:
115	115	(c) The comptroller shall deposit the tax imposed under this
116	116	section to the credit of the housing trust fund subaccount
117	117	established under Section 2306.2595, Government Code, for use only
118	118	for the purposes authorized by that section.
119	119	SECTION 3. This Act takes effect September 1, 2015.