Bill Text: TX SB1118 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to programs operated by the Texas Department of Housing and Community Affairs to increase access to safe and affordable housing in this state.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-05-13 - Not again placed on intent calendar [SB1118 Detail]
Download: Texas-2019-SB1118-Comm_Sub.html
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.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1118 | By: Lucio |
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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 [ |
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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 [ |
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shall use any available source of money in the housing trust fund to | ||
ensure that not less than $4 [ |
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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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