Texas 2015 - 84th Regular

Texas Senate Bill SB2063 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Lucio~~, Zaffirini~~ S.B. No. 2063
	1	+	By: Lucio S.B. No. 2063
2	2		(In the Senate - Filed April 22, 2015; April 22, 2015, read
3	3		first time and referred to Committee on Intergovernmental
4	4		Relations; May 5, 2015, reported adversely, with favorable
5	5		Committee Substitute by the following vote: Yeas 6, Nays 1;
6	6		May 5, 2015, sent to printer.)
7	7		Click here to see the committee vote
8	8		COMMITTEE SUBSTITUTE FOR S.B. No. 2063 By: Lucio
9	9
10	10
11	11		A BILL TO BE ENTITLED
12	12		AN ACT
13	13		relating to the establishment and administration of the Texas Safe
14	14		Home Demonstration Program.
15	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16		SECTION 1. The heading to Section 2306.188, Government
17	17		Code, is amended to read as follows:
18	18		Sec. 2306.188. ESTABLISHING HOME OWNERSHIP IN DISASTER AREA
19	19		OR UNDER TEXAS SAFE HOME DEMONSTRATION PROGRAM.
20	20		SECTION 2. Section 2306.188(a), Government Code, is amended
21	21		to read as follows:
22	22		(a) An applicant for federally provided financial
23	23		assistance administered by the department to repair or rebuild a
24	24		home damaged by a natural disaster or an applicant for assistance
25	25		under the Texas Safe Home Demonstration Program established under
26	26		Subchapter OO may establish ownership of the home through
27	27		nontraditional documentation of title. The department shall
28	28		process an application for that assistance as if the applicant is
29	29		the record title holder of the affected real property if the
30	30		applicant provides to the department:
31	31		(1) on a form prescribed by the department, an
32	32		affidavit summarizing the basis on which the applicant claims to be
33	33		the holder of record title or, if applicable, a successor in
34	34		interest to the holder of record title and stating that:
35	35		(A) there is no other person entitled to claim
36	36		any ownership interest in the property; or
37	37		(B) each person who may be entitled to claim an
38	38		ownership interest in the property has given consent to the
39	39		application or cannot be located after a reasonable effort; and
40	40		(2) other documentation, including tax receipts,
41	41		utility bills, or evidence of insurance for the home, that
42	42		indicates that the applicant exercised ownership over the property
43	43		for the period claimed by the applicant [at the time of the natural
44	44		disaster].
45	45		SECTION 3. Chapter 2306, Government Code, is amended by
46	46		adding Subchapter OO to read as follows:
47	47		SUBCHAPTER OO. TEXAS SAFE HOME DEMONSTRATION PROGRAM
48	48		Sec. 2306.10001. TEXAS SAFE HOME DEMONSTRATION PROGRAM.
49	49		(a) The department shall establish in certain counties designated
50	50		by the department a demonstration program to provide financial
51	51		assistance for the repair of or the demolition and replacement of
52	52		owner-occupied single-family homes that are in a condition that
53	53		poses a risk to the health and safety of the occupants.
54	54		(b) Financial assistance administered under this subchapter
55	55		may be provided in the form of a grant, partial grant, loan, or
56	56		forgivable loan. Money appropriated to the demonstration program
57	57		is not part of the housing trust fund. The regional allocation
58	58		formula described under Section 2306.1115 does not apply to
59	59		financial assistance administered under this subchapter if the
60	60		money appropriated for the purpose does not exceed $3 million for
61	61		each state fiscal year.
62	62		(c) The board may adopt rules to implement the program
63	63		described by this section. The department shall establish criteria
64	64		to implement the demonstration program, including:
65	65		(1) a formula that distributes, to each uniform state
66	66		service region containing a county in which the demonstration
67	67		program is implemented, appropriated funds after considering
68	68		publicly available data regarding levels of poverty, levels of
69	69		substandard housing, and population, including the percentage of
70	70		population composed of persons with disabilities, elderly persons,
71	71		and households with children, in each region;
72	72		(2) detailed criteria to be used in determining
73	73		whether a homeowner is eligible for participation in the
74	74		demonstration program, including a process for documenting the
75	75		condition of a home in a written report after a physical inspection
76	76		of the home;
77	77		(3) requirements for the development and
78	78		administration of priority waitlists for participation in the
79	79		demonstration program;
80	80		(4) standards for assessing the real property on which
81	81		a home is located;
82	82		(5) procedures to ensure compliance with federal
83	83		national flood insurance program requirements;
84	84		(6) extended owner occupancy requirements for new or
85	85		repaired homes;
86	86		(7) criteria for the acceptance of third-party
87	87		contributions, including volunteer labor or additional loans,
88	88		grants, or other financial assistance; and
89	89		(8) oversight and monitoring criteria for
90	90		participating administrators.
91	91		Sec. 2306.10002. ADMINISTRATORS. In each uniform state
92	92		service region containing a county in which the demonstration
93	93		program is implemented, the department shall attempt to identify a
94	94		single governmental administrator, including a consortium of
95	95		councils of government or other governmental entities, or a
96	96		nonprofit entity to administer the demonstration program in all
97	97		portions of that region. In a uniform state service region in which
98	98		no administrator is identified, the funds may be awarded to the
99	99		councils of government in that region pro rata based on population.
100	100		Sec. 2306.10003. HOMEOWNER ELIGIBILITY. To be eligible for
101	101		assistance under the demonstration program, a homeowner:
102	102		(1) may not have an annual income that, as determined
103	103		by the department and when combined with the income of all persons
104	104		who reside with the homeowner, exceeds 50 percent of the greater of
105	105		the state or local median household income; and
106	106		(2) must own and occupy a home, including a
107	107		manufactured home:
108	108		(A) as a primary residence for a period of not
109	109		less than the 180 days preceding the date of the homeowner's
110	110		application for financial assistance under this subchapter; and
111	111		(B) that has, after an inspection conducted under
112	112		the demonstration program, been identified as substandard, in need
113	113		of repair or replacement, and posing a potential risk to the health
114	114		and safety of the occupants.
115	115		Sec. 2306.10004. TEMPORARY RELOCATION. If a homeowner is
116	116		approved for participation in the demonstration program, the
117	117		occupants of the home shall be assisted in relocating to temporary
118	118		housing for a period not to exceed two years pending the repair or
119	119		replacement of the home. Funds appropriated to the demonstration
120	120		program may be used to provide assistance under this section. A
121	121		priority waitlist must assign the highest priority to households
122	122		receiving temporary housing assistance using demonstration program
123	123		funds.
124	124		Sec. 2306.10005. INSURANCE PROCEEDS. If a homeowner has
125	125		filed a claim for insurance proceeds associated with damage to the
126	126		home, any proceeds from the claim must first be used to pay for any
127	127		covered repair or replacement costs of the home.
128	128		Sec. 2306.10006. ADMINISTRATIVE COSTS. The department may
129	129		reserve for payment of administrative expenses not more than 10
130	130		percent of money received for the demonstration program under this
131	131		subchapter. Of the 10 percent, the department shall determine an
132	132		appropriate allocation to cover the administrative expenses of any
133	133		identified administrators.
134		-	SECTION 4. The Texas Department of Housing and Community
135		-	Affairs is required to implement this Act only if the legislature
136		-	appropriates money specifically for that purpose. If the
137		-	legislature does not appropriate money specifically for that
138		-	purpose, the department may, but it is not required to, implement
139		-	this Act using other appropriations available for that purpose.
140		-	SECTION 5. This Act takes effect September 1, 2015.
	134	+	SECTION 4. This Act takes effect September 1, 2015.
141	135		* * * * *