By: Lucio S.B. No. 1118
(In the Senate - Filed February 26, 2019; March 7, 2019,
read first time and referred to Committee on Intergovernmental
Relations; April 25, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 1;
April 25, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1118 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to programs operated by the Texas Department of Housing
and Community Affairs to increase access to safe and affordable
housing in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2306, Government Code, is amended by
adding Subchapter EE to read as follows:
SUBCHAPTER EE. AMY YOUNG BARRIER REMOVAL PROGRAM
Sec. 2306.6801. DEFINITIONS. In this subchapter:
(1) "Person with a disability" means a person with one
or more documented physical or mental impairments, or who is
regarded as having one or more physical or mental impairments, that
substantially limit the person's ability to perform major life
activities.
(2) "Program" means the Amy Young Barrier Removal
Program established under this subchapter.
(3) "Program administrator" means an entity certified
by the department to administer services under the program,
including:
(A) a local governmental entity;
(B) a council of governments;
(C) a nonprofit organization;
(D) a local mental health authority; and
(E) a public housing authority.
Sec. 2306.6802. ESTABLISHMENT OF PROGRAM. (a) The
department shall establish the Amy Young Barrier Removal Program to
provide grants for modifying the home in which a person with a
disability lives to:
(1) increase the accessibility of the home;
(2) eliminate life-threatening hazards in the home; or
(3) correct unsafe living conditions in the home.
(b) A grant awarded under the program may not exceed $20,000
or another amount adjusted by the department periodically to
account for cost increases.
(c) The department may adopt rules as necessary to implement
this subchapter.
Sec. 2306.6803. ELIGIBILITY. (a) A grant recipient must:
(1) be a tenant, homeowner, or other member of a
household in which a person with a disability lives; and
(2) meet the eligibility requirements of this section.
(b) To be eligible for a grant under the program, the income
of the household for which a grant is sought may not exceed the
greater of 80 percent of the area median family income or 80 percent
of the statewide income limits, adjusted for household size, as
determined annually by the United States Department of Housing and
Urban Development.
(c) The department may adopt other eligibility requirements
that are considered appropriate by the department.
Sec. 2306.6804. PROGRAM ADMINISTRATION. (a) The
department may certify a program administrator to:
(1) process applications for a grant;
(2) verify eligibility of a grant applicant;
(3) secure construction contractors to renovate or
rehabilitate a home under the program; and
(4) oversee the renovation or rehabilitation of a home
under the program.
(b) The department by rule shall adopt procedures for the
certification of a program administrator.
Sec. 2306.6805. FUNDING. (a) The department shall award
grants under the program using:
(1) gifts, grants, or donations solicited by the
department for purposes of this subchapter; and
(2) money in the barrier removal grant fund
established under Section 2306.6806.
(b) In a state fiscal year, the department may use not more
than 10 percent of the revenue available for purposes of this
subchapter to increase the ability of program administrators to
assist the department in implementing the purposes of this chapter
and to increase the number of entities that are able to implement
those purposes. The department shall use available revenue under
this subsection to provide financial assistance, technical
training, and management support for the purposes of this
subsection.
Sec. 2306.6806. BARRIER REMOVAL GRANT FUND. (a) The
department shall establish the barrier removal grant fund in the
department. Money in the fund may be used only for the purpose of
awarding grants under the program.
(b) Each year, the department shall transfer to the barrier
removal grant fund the money remaining in the housing trust fund
established under Section 2306.201 after transferring or
allocating from that fund money appropriated to the department by
the legislature for the purposes of this subchapter and money
specifically allocated under Sections 2306.202(a) and 2306.758(d).
The amount transferred to the barrier removal grant fund from the
housing trust fund under this subsection may not exceed $3 million.
SECTION 2. Section 2306.753(b), Government Code, is amended
to read as follows:
(b) To be eligible for a loan under this subchapter, an
owner-builder:
(1) may not have an annual income that exceeds 80 [60]
percent, as determined by the department, of the greater of the
state or local median family income, when combined with the income
of any person who resides with the owner-builder;
(2) must have resided in this state for the preceding
six months;
(3) must have successfully completed an owner-builder
education class under Section 2306.756; and
(4) must agree to:
(A) provide through personal labor at least 65
percent of the labor necessary to build or rehabilitate the
proposed housing by working through a state-certified
owner-builder housing program;
(B) provide an amount of personal labor
equivalent to the amount required under Paragraph (A) in connection
with building or rehabilitating housing for others through a
state-certified owner-builder housing program;
(C) provide through the noncontract labor of
friends, family, or volunteers and through personal labor at least
65 percent of the labor necessary to build or rehabilitate the
proposed housing by working through a state-certified
owner-builder housing program; or
(D) if due to documented disability or other
limiting circumstances as defined by department rule the
owner-builder cannot provide the amount of personal labor otherwise
required by this subdivision, provide through the noncontract labor
of friends, family, or volunteers at least 65 percent of the labor
necessary to build or rehabilitate the proposed housing by working
through a state-certified owner-builder housing program.
SECTION 3. Section 2306.758(d), Government Code, is amended
to read as follows:
(d) All money received by the department as part of the
owner-builder loan program under this subchapter, including any
amount received by the department for payment of the principal of or
interest on a loan made under this subchapter, shall be deposited in
the housing trust fund established under Section 2306.201 to be
used to carry out the purposes of this subchapter. If the money to
be received by the department for a state fiscal year for payment of
the principal of or interest on a loan made under this subchapter is
less than $4 [$3] million for a state fiscal year, the department
shall use any available source of money in the housing trust fund to
ensure that not less than $4 [$3] million is used for the
owner-builder loan program each state fiscal year.
SECTION 4. The Texas Department of Housing and Community
Affairs is required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the department may, but is not required to, implement a
provision of this Act using other appropriations that are available
for that purpose.
SECTION 5. As soon as practicable after the effective date
of this Act, the Texas Department of Housing and Community Affairs
shall adopt rules as necessary to implement Subchapter EE, Chapter
2306, Government Code, as added by this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
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