Texas 2019 - 86th Regular

Texas Senate Bill SB1118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R8539 JG-F
1	2		By: Lucio S.B. No. 1118
2		-	(In the Senate - Filed February 26, 2019; March 7, 2019,
3		-	read first time and referred to Committee on Intergovernmental
4		-	Relations; April 25, 2019, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 6, Nays 1;
6		-	April 25, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1118 By: Lucio
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to programs operated by the Texas Department of Housing
14	8		and Community Affairs to increase access to safe and affordable
15	9		housing in this state.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. Chapter 2306, Government Code, is amended by
18	12		adding Subchapter EE to read as follows:
19	13		SUBCHAPTER EE. AMY YOUNG BARRIER REMOVAL PROGRAM
20	14		Sec. 2306.6801. DEFINITIONS. In this subchapter:
21	15		(1) "Person with a disability" means a person with one
22	16		or more documented physical or mental impairments, or who is
23	17		regarded as having one or more physical or mental impairments, that
24	18		substantially limit the person's ability to perform major life
25	19		activities.
26	20		(2) "Program" means the Amy Young Barrier Removal
27	21		Program established under this subchapter.
28	22		(3) "Program administrator" means an entity certified
29	23		by the department to administer services under the program,
30	24		including:
31	25		(A) a local governmental entity;
32	26		(B) a council of governments;
33	27		(C) a nonprofit organization;
34	28		(D) a local mental health authority; and
35	29		(E) a public housing authority.
36	30		Sec. 2306.6802. ESTABLISHMENT OF PROGRAM. (a) The
37	31		department shall establish the Amy Young Barrier Removal Program to
38	32		provide grants for modifying the home in which a person with a
39	33		disability lives to:
40	34		(1) increase the accessibility of the home;
41	35		(2) eliminate life-threatening hazards in the home; or
42	36		(3) correct unsafe living conditions in the home.
43		-	(b) A grant awarded under the program may not exceed $20,000
44		-	or another amount adjusted by the department periodically to
45		-	account for cost increases.
	37	+	(b) A grant awarded under the program may not exceed
	38	+	$20,000.
46	39		(c) The department may adopt rules as necessary to implement
47	40		this subchapter.
48	41		Sec. 2306.6803. ELIGIBILITY. (a) A grant recipient must:
49	42		(1) be a tenant, homeowner, or other member of a
50	43		household in which a person with a disability lives; and
51	44		(2) meet the eligibility requirements of this section.
52	45		(b) To be eligible for a grant under the program, the income
53	46		of the household for which a grant is sought may not exceed the
54	47		greater of 80 percent of the area median family income or 80 percent
55	48		of the statewide income limits, adjusted for household size, as
56	49		determined annually by the United States Department of Housing and
57	50		Urban Development.
58	51		(c) The department may adopt other eligibility requirements
59		-	that are ~~considered~~ appropriate by the department.
	52	+	that are deemed appropriate by the department.
60	53		Sec. 2306.6804. PROGRAM ADMINISTRATION. (a) The
61	54		department may certify a program administrator to:
62	55		(1) process applications for a grant;
63	56		(2) verify eligibility of a grant applicant;
64	57		(3) secure construction contractors to renovate or
65	58		rehabilitate a home under the program; and
66	59		(4) oversee the renovation or rehabilitation of a home
67	60		under the program.
68	61		(b) The department by rule shall adopt procedures for the
69	62		certification of a program administrator.
	63	+	(c) An entity that receives funding under the federal HOME
	64	+	Investment Partnership Program may not serve as a program
	65	+	administrator.
70	66		Sec. 2306.6805. FUNDING. (a) The department shall award
71	67		grants under the program using:
72	68		(1) gifts, grants, or donations solicited by the
73	69		department for purposes of this subchapter; and
74	70		(2) money in the barrier removal grant fund
75	71		established under Section 2306.6806.
76	72		(b) In a state fiscal year, the department may use not more
77	73		than 10 percent of the revenue available for purposes of this
78	74		subchapter to increase the ability of program administrators to
79	75		assist the department in implementing the purposes of this chapter
80	76		and to increase the number of entities that are able to implement
81	77		those purposes. The department shall use available revenue under
82	78		this subsection to provide financial assistance, technical
83	79		training, and management support for the purposes of this
84	80		subsection.
85	81		Sec. 2306.6806. BARRIER REMOVAL GRANT FUND. (a) The
86	82		department shall establish the barrier removal grant fund in the
87	83		department. Money in the fund may be used only for the purpose of
88	84		awarding grants under the program.
89		-	(b) Each year, the department shall transfer to the barrier
90		-	removal grant fund the money remaining in the housing trust fund
91		-	established under Section 2306.201 after transferring or
92		-	allocating from that fund money appropriated to the department by
93		-	the legislature for the purposes of this subchapter and money
94		-	specifically allocated under Sections 2306.202(a) and 2306.758(d).
95		-	The amount transferred to the barrier removal grant fund from the
96		-	housing trust fund under this subsection may not exceed $3 million.
	85	+	(b) Each year, the department shall transfer not less than
	86	+	$3 million to the barrier removal grant fund from money received by
	87	+	the department from federal block grants, money from the housing
	88	+	trust fund established under Section 2306.201, not including money
	89	+	specifically allocated under Section 2306.758(d) as part of the
	90	+	owner-builder loan program, or money appropriated to the department
	91	+	by the legislature for the purposes of this subchapter.
97	92		SECTION 2. Section 2306.753(b), Government Code, is amended
98	93		to read as follows:
99	94		(b) To be eligible for a loan under this subchapter, an
100	95		owner-builder:
101	96		(1) may not have an annual income that exceeds 80 [60]
102	97		percent, as determined by the department, of the greater of the
103	98		state or local median family income, when combined with the income
104	99		of any person who resides with the owner-builder;
105	100		(2) must have resided in this state for the preceding
106	101		six months;
107	102		(3) must have successfully completed an owner-builder
108	103		education class under Section 2306.756; and
109	104		(4) must agree to:
110	105		(A) provide through personal labor at least 65
111	106		percent of the labor necessary to build or rehabilitate the
112	107		proposed housing by working through a state-certified
113	108		owner-builder housing program;
114	109		(B) provide an amount of personal labor
115	110		equivalent to the amount required under Paragraph (A) in connection
116	111		with building or rehabilitating housing for others through a
117	112		state-certified owner-builder housing program;
118	113		(C) provide through the noncontract labor of
119	114		friends, family, or volunteers and through personal labor at least
120	115		65 percent of the labor necessary to build or rehabilitate the
121	116		proposed housing by working through a state-certified
122	117		owner-builder housing program; or
123	118		(D) if due to documented disability or other
124	119		limiting circumstances as defined by department rule the
125	120		owner-builder cannot provide the amount of personal labor otherwise
126	121		required by this subdivision, provide through the noncontract labor
127	122		of friends, family, or volunteers at least 65 percent of the labor
128	123		necessary to build or rehabilitate the proposed housing by working
129	124		through a state-certified owner-builder housing program.
130	125		SECTION 3. Section 2306.758(d), Government Code, is amended
131	126		to read as follows:
132	127		(d) All money received by the department as part of the
133	128		owner-builder loan program under this subchapter, including any
134	129		amount received by the department for payment of the principal of or
135	130		interest on a loan made under this subchapter, shall be deposited in
136	131		the housing trust fund established under Section 2306.201 to be
137	132		used to carry out the purposes of this subchapter. If the money to
138	133		be received by the department for a state fiscal year for payment of
139	134		the principal of or interest on a loan made under this subchapter is
140		-	less than $4 [$3] million for a state fiscal year, the department
	135	+	less than $7 [$3] million for a state fiscal year, the department
141	136		shall use any available source of money in the housing trust fund to
142		-	ensure that not less than $4 [$3] million is used for the
	137	+	ensure that not less than $7 [$3] million is used for the
143	138		owner-builder loan program each state fiscal year.
144		-	SECTION 4. The Texas Department of Housing and Community
145		-	Affairs is required to implement a provision of this Act only if the
146		-	legislature appropriates money specifically for that purpose. If
147		-	the legislature does not appropriate money specifically for that
148		-	purpose, the department may, but is not required to, implement a
149		-	provision of this Act using other appropriations that are available
150		-	for that purpose.
151		-	SECTION 5. As soon as practicable after the effective date
	139	+	SECTION 4. As soon as practicable after the effective date
152	140		of this Act, the Texas Department of Housing and Community Affairs
153	141		shall adopt rules as necessary to implement Subchapter EE, Chapter
154	142		2306, Government Code, as added by this Act.
155		-	SECTION 6. This Act takes effect immediately if it receives
	143	+	SECTION 5. This Act takes effect immediately if it receives
156	144		a vote of two-thirds of all the members elected to each house, as
157	145		provided by Section 39, Article III, Texas Constitution. If this
158	146		Act does not receive the vote necessary for immediate effect, this
159	147		Act takes effect September 1, 2019.
160		-	* * * * *