84R24831 JAM-F
By: Lucio S.B. No. 2063
A BILL TO BE ENTITLED
AN ACT
relating to the establishment and administration of the Texas Safe
Home Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 2306.188, Government
Code, is amended to read as follows:
Sec. 2306.188. ESTABLISHING HOME OWNERSHIP IN DISASTER AREA
OR UNDER TEXAS SAFE HOME PROGRAM.
SECTION 2. Section 2306.188(a), Government Code, is amended
to read as follows:
(a) An applicant for federally provided financial
assistance administered by the department to repair or rebuild a
home damaged by a natural disaster or an applicant for assistance
under the Texas Safe Home Program established under Subchapter OO
may establish ownership of the home through nontraditional
documentation of title. The department shall process an
application for that assistance as if the applicant is the record
title holder of the affected real property if the applicant
provides to the department:
(1) on a form prescribed by the department, an
affidavit summarizing the basis on which the applicant claims to be
the holder of record title or, if applicable, a successor in
interest to the holder of record title and stating that:
(A) there is no other person entitled to claim
any ownership interest in the property; or
(B) each person who may be entitled to claim an
ownership interest in the property has given consent to the
application or cannot be located after a reasonable effort; and
(2) other documentation, including tax receipts,
utility bills, or evidence of insurance for the home, that
indicates that the applicant exercised ownership over the property
for the period claimed by the applicant [at the time of the natural
disaster].
SECTION 3. Chapter 2306, Government Code, is amended by
adding Subchapter OO to read as follows:
SUBCHAPTER OO. TEXAS SAFE HOME PROGRAM
Sec. 2306.10001. TEXAS SAFE HOME PROGRAM. (a) The
department shall establish and administer a program to provide
financial assistance for the repair of or the demolition and
replacement of owner-occupied single-family homes that are in a
condition that poses a risk to the health and safety of the
occupants.
(b) The board shall adopt rules to implement the program
described by this section. Rules adopted under this section must
establish:
(1) a formula that distributes to each uniform state
service region appropriated funds by considering publicly
available data regarding levels of poverty, levels of substandard
housing, and population, including the percentage of population
composed of persons with disabilities, elderly persons, and
households with children, in each region;
(2) detailed criteria for regional administrators to
use in determining whether a homeowner is eligible for
participation in the program, including a process for documenting
the condition of a home in a written report after a physical
inspection of the home;
(3) requirements for regional administrators to
develop and administer priority waitlists for participation in the
program;
(4) standards for assessing the real property on which
a home is located;
(5) procedures to ensure compliance with federal
national flood insurance program requirements; and
(6) extended owner occupancy requirements for new or
repaired homes.
Sec. 2306.10002. REGIONAL ADMINISTRATOR. In each uniform
state service region the department shall attempt to identify a
single governmental administrator, including a consortium of
councils of government or other governmental entities, or a
nonprofit entity to administer the program in all portions of that
region. In a uniform state service region in which no administrator
is identified, the funds may be awarded to the councils of
government in that region pro rata based on population.
Sec. 2306.10003. HOMEOWNER ELIGIBILITY. To be eligible for
assistance under the program, a homeowner:
(1) may not have an annual income that, as determined
by the department and when combined with the income of all persons
who reside with the homeowner, exceeds 50 percent of the greater of
the state or local median household income; and
(2) must own and occupy a home, including a
manufactured home:
(A) as a primary residence for a period of not
less than the 180 days preceding the date of the homeowner's
application for assistance under this subchapter; and
(B) that has, after inspection by the regional
administrator, been identified as substandard, in need of repair or
replacement, and posing a potential risk to the health and safety of
the occupants.
Sec. 2306.10004. TEMPORARY RELOCATION. If a homeowner is
approved for participation in the program, the regional
administrator promptly shall assist the occupants of the home in
relocating to temporary housing for a period not to exceed two years
pending the repair or replacement of the home. Funds appropriated
to the program may be used to provide assistance under this section.
Priority waitlists must assign the highest priority to households
receiving temporary housing assistance using program funds.
Sec. 2306.10005. INSURANCE PROCEEDS. If a homeowner has
filed a claim for insurance proceeds associated with damage to the
home, any proceeds from the claim must first be used to pay for any
covered repair or replacement costs of the home.
Sec. 2306.10006. ADMINISTRATIVE COSTS. The department may
reserve for payment of administrative expenses not more than 10
percent of money received for the program under this subchapter. Of
the 10 percent, the department shall determine an appropriate
allocation to cover the administrative expenses of regional
administrators.
SECTION 4. This Act takes effect September 1, 2015.